CTNF 18/493,470 CTNF 82980 DETAILED ACTION Notice of Pre-AIA or AIA Status 07-03-aia AIA 15-10-aia The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA. Election/Restrictions 08-25 AIA Applicant's election with traverse of group I, claims 1-14 in the reply filed on 20 March 2026 is acknowledged. The traversal is on the ground(s) that there would not have been a burden to search both inventions because both of the searches would have to include the common features of both inventions . This is not found persuasive because apparently applicant envisions a much less thorough search than is envisioned by the examiner. The search terms would both be searched, however the method claims would require searching additive manufacturing methods, whereas the article claims would require searching turbine engine arts. The additional search of the turbine arts for a part that matches represents a much greater burden than what applicant describes. Additionally, there were several reasons pointed out in the prior Office action why a burden exists, which applicant has not argued against. The mere allegation that there would not have been a burden is insufficient to overcome the reasoning described previously . The requirement is still deemed proper and is therefore made FINAL. Claims 15-20 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected invention, there being no allowable generic or linking claim. Drawings 06-36-01 The drawings were received on 24 October 2023. Figure 1 should be designated by a legend such as --Prior Art-- because only that which is old is illustrated. See MPEP § 608.02(g). Corrected drawings in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. The replacement sheet(s) should be labeled “Replacement Sheet” in the page header (as per 37 CFR 1.84(c)) so as not to obstruct any portion of the drawing figures. If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance. Claim Rejections - 35 USC § 112 07-30-02 AIA The following is a quotation of 35 U.S.C. 112(b): (b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention. The following is a quotation of 35 U.S.C. 112 (pre-AIA), second paragraph: The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention. 07-34-01 Claim 3 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention. 07-34-03 AIA The term “ substantially different properties of thermal expansion ” in claim 3 is a relative term which renders the claim indefinite. The term “ substantially different ” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. In this case there is no basis for determination of what constitutes “substantially different” as opposed to just “different.” Claim Rejections - 35 USC § 102 07-07-aia AIA 07-07 The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action: A person shall be entitled to a patent unless – 07-08-aia AIA (a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention. 07-15-aia AIA Claim(s) 1-5 and 8-12 is/are rejected under 35 U.S.C. 102 (a)(1) as being anticipated by DE 10-2017210909 A1 (hereinafter “Geisen”) . Regarding claim 1, Geisen teaches the method of making a component for a gas turbine (See abstract or [0002]). Geisen teaches that the method includes additive manufacturing ([0003]-[0005]). Geisen describes the manufacture at [0029]-[0039] and in Figs 1-4. Geisen teaches manufacturing a component with first and second uppermost surfaces (Fig. 1), evacuating the powder (Fig. 2), wherein a flange is placed, which is resting on the second uppermost surface, while being flush with the first uppermost surface (Fig 3). The limitation of being a “forged” flange is not considered to distinguish over the flange which is taught by Geisen. The material with the same shape, sued in the same process, for the same function, has the same structure as claimed in this case. Geisen teaches that the flange is then covered over with powder and a thin layer is manufactured to cover (Figs 3-4). Geisen teaches that the component is built over the flange (See [0032]-[0035] for example), reading on filling the powder again. Regarding claim 2, the structure of Geisen reads on a bearing chamber (See Figs 1-4). Regarding claim 3, Geisen teaches that ethe flange protects the material from heat (see [0037]). Thus the material having “substantially different” thermal expansion properties is met. Geisen teaches that the flange is connected with a welding or cohesive or metallurgical bond by the process (See [0035]), thus clearly envisioning a metal material in one embodiment. Regarding claim 4, Geisen teaches a chamfer (figs 1-4). Regarding claim 5, Geisen teaches that the flange is connected with a welding or cohesive or metallurgical bond by the process (See [0035]). Regarding claim 8, Geisen teaches that the component is built over the flange (See [0032]-[0035] for example), reading on the claim. Regarding claim 9, Geisen is applied to the claim as stated above. The structure of Geisen reads on a bearing chamber (See Figs 1-4). Regarding claims 10-12, Geisen is applied to the claim as stated above . Claim Rejections - 35 USC § 103 07-20-aia AIA The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action: A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made. 07-21-aia AIA Claim (s) 6-7 and 13-14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Geisen . Regarding claims 6 and 13, Geisen is applied to the claims as stated above. Geisen does not teach wherein the thin layer is thinner than the other layers of the additively manufactured component. Geisen teaches that it is important for the first layer (claimed “thin layer”) to bond to the structure ([0035]). Geisen describes in general that a suitable “thin layer” is used for the process, and envisions a powder thickness prior to melting of 40 micron (See [0029]). The relative thickness of the thin layer is not considered to distinguish over the prior art “thin layer.” The prior art recognizes the importance of this layer specifically, and teaches the same exact structures. The arbitrary distinction of being thinner, with no degree or measure, would have been an obvious variant over the prior art process. Applicant is directed to MPEP 2144.04 IV A. Alternatively, the skilled artisan would have been fully capable of optimizing a “thin layer” where the prior art teaches the function and use of such. Regarding claims 7 and 14, Geisen does not teach wherein the thin layer is 20 microns thick. Geisen teaches in general that a suitable “thin layer” is used for the process, and envisions a powder thickness prior to melting of 40 micron ([0029]). The change in the thickness of the deposited layer would have been an obvious variant of the process of Geisen. Geisen teaches that it is important for the first layer (claimed “thin layer”) to bond to the structure ([0035]) and discloses means already known in the art to control the thickness of the layer of a slider or squeegee ([0029]). It would have been an obvious matter to a skilled artisan to have optimized the ”first layer” of Greisen in order to obtain a suitable welding or a connection ([0035]) . Double Patenting 08-33 AIA The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg , 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman , 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi , 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum , 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel , 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington , 418 F.2d 528, 163 USPQ 644 (CCPA 1969). A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA. A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b). The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13. The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA/25, or PTO/AIA/26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer. 08-35 Claim s 1-14 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claim s 1-18 of copending Application No. 18/493,458 (reference application). Although the claims at issue are not identical, they are not patentably distinct from each other because the claims differ in that the instant claims require a “thin layer” over the forged flange. However copending claim 1 recites that the buildup takes place on top of the forged flange, which would be considered to include such a feature. Dependent claims find correspondence in applicant’s copending claims. Instant claim 2 corresponds to copending claim 2, instant claim 3 corresponds to copending claim 3, and so on . This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHRISTOPHER S KESSLER whose telephone number is (571)272-6510. The examiner can normally be reached 9-5:30. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Curt Mayes can be reached at 571-272-1234. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. CHRISTOPHER S. KESSLER Primary Examiner Art Unit 1734 /CHRISTOPHER S KESSLER/Examiner, Art Unit 1759 Application/Control Number: 18/493,470 Page 2 Art Unit: 1759 Application/Control Number: 18/493,470 Page 3 Art Unit: 1759 Application/Control Number: 18/493,470 Page 4 Art Unit: 1759 Application/Control Number: 18/493,470 Page 5 Art Unit: 1759 Application/Control Number: 18/493,470 Page 6 Art Unit: 1759 Application/Control Number: 18/493,470 Page 7 Art Unit: 1759 Application/Control Number: 18/493,470 Page 8 Art Unit: 1759
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