Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Status of Previous Rejection
103 rejections over Siemens AG in view of Kesler are maintained in view of amendment of claim 1.
102 rejections over Siemens AG are withdrawn in view of amendment of claim 1.
A new 112 1st paragraph is rendered in view of amendment of claim 1.
Status of Claims
Claims 1-14 are pending and are presented for this examination. Claims 1, 4-7, 12-13 are amended.
Information Disclosure Statement
The information disclosure statement (IDS) was submitted on 10/27/2023, 12/03/2024, 03/21/2025, 05/09/2025, 05/28/2025, 08/22/2025, 09/25/2025, 10/10/2025, 01/12/2026, 02/11/2026 and is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1-14 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Instant claim 1 is amended to require “selecting a first desired value of a physical characteristic of the metal coupon and a second desired value of the physical characteristic of the metal coupon that is a different value from the first desired value of the physical characteristic of the metal coupon; selecting a desired value of a first porosity characteristic of the first porosity of the first porous region based on the first desired value of the physical characteristic of the metal coupon; and selecting a desired value of a second porosity characteristic of the second porosity of the second porous region based on the second desired value of the physical characteristic of the metal coupon, infiltrating the braze material into at least one of: the first porous region based at least on the desired value of the first porosity characteristic of the first porosity to produce the first desired value of the physical characteristic of the metal coupon in the first porous region with the braze material therein; and the second porous region based at least on the desired value of the second porosity characteristic of the second porosity to produce the second desired value of the physical characteristic in the second porous region with the braze material therein. There are absolute no examples or support for such amendment. Applicant asserts that support is provided in paragraphs [0076]-[0083]. Examiner strongly disagrees. Applicant is required to provide specific line number or paragraph number in the original specification, of which support for this amendment can be found.
As a result of rejected claim 1, all dependent claims are rejected under the same statue.
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.
Claims 1-14 are 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 pre-AIA the applicant regards as the invention.
Claim 1 recites the limitation " the forming of the first and second porous regions " There is insufficient antecedent basis for this limitation in the claim. It is unclear whether the forming is a result of additive manufacturing a metal coupon or something else.
As a result of rejected claim 1, all dependent claims are rejected under the same statue.
Claim Rejections - 35 USC § 103
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 1-14 are rejected under 35 U.S.C. 103 as being unpatentable over Siemens AG (EP2450471A1 cited in IDS filed 3/21/2025) in view of Kestler (US20160115571).
As for claims 1-14, Siemens AG discloses a method of coupling a metal coupon in a component ([0001-02], [0009-11], [0061], [0071], Figs. 1-4, claim 1). Siemens AG discloses additively manufacturing the metal coupon (porous structure 10 [0011-13], [0020], [0032-35]). Siemens AG discloses positioning the metal coupon in a coupon opening (recess (7), depression in Figure 1) in a body of the component ([0012], [0017-18], claim 1) and infiltrating the metal coupon with a braze material (13) to couple the metal coupon in the coupon opening to the body (liquid solder material penetrates the porous structure and forms a volume that fills the recess with the metal coupon, and therefore with any region of the metal coupon, therein ([0018], [0021], claim 1). Siemens AG discloses that the braze material (liquid solder material) infiltrated into the porous metal coupon (porous structure 10 in Figure 3) [0018].
Siemens AG discloses that the porosity of the coupon (porous structure) can have gradients [0015], thereby disclosing that the coupon having a first porous region having a first porosity and a second porous region having a second porosity different than the first porosity. Hence, instant claims 2 and 3 are met. Due to porosity gradient explicitly disclosed by Siemens AG, instant claim 6 is met. Gradient porosity suggests gradient mass which meets instant claim 7.
Figure 3 illustrates liquid solder material (13) penetrates the porous structure (10) and forms a volume (16) that completely fills the recess (7) such that no void space is left as demonstrated in Figure 4. Hence, Siemens AG suggests infiltrating the braze material into the porous region based on the porosity.
Since the formation of the porous structure 10 is done by laser or electron beam in additive manufacturing layer by layer until the desired height is reached by solidification, instant claim 8 required cooling passage is met.
But Siemens AG does not disclose instant claim 1 amended:
selecting a first desired value of a physical characteristic of the metal coupon and a second desired value of the physical characteristic of the metal coupon that is a different value from the first desired value of the physical characteristic of the metal coupon; selecting a desired value of a first porosity characteristic of the first porosity of the first porous region based on the first desired value of the physical characteristic of the metal coupon; selecting a desired value of a second porosity characteristic of the second porosity of the second porous region based on the second desired value of the physical characteristic of the metal coupon, wherein at least the desired value of the second porosity characteristic is different from the desired value of the first porosity characteristic, the forming of the first porous region is based on the desired value of the first porosity characteristic, and the forming of the second porous region is based on the desired value of the second porosity characteristic, infiltrating the braze material into at least one of: the first porous region based at least on the desired value of the first porosity characteristic of the first porosity to produce the first desired value of the physical characteristic of the metal coupon in the first porous region with the braze material therein; and the second porous region based at least on the desired value of the second porosity characteristic of the second porosity to produce the second desired value of the physical characteristic in the second porous region with the braze material therein.
Kestler teaches a method for producing a component [0001]. Kestler teaches additively manufacturing a porous metallic framework structure (open-pore framework) by “for example selective laser melting (SLM) or selective electron beam melting (EBM)” [0012]. Kestler teaches infiltrating the porous structure with an infiltrator [0012]) to produce a component having a graded structure [0012]. The proportion by volume of the infiltrator can be varied based on desired porosity or pore size of the porous structure [0023]. Porosity is predetermined. [0020] That is, the term “predetermined” suggests claim 1 amended selecting step.
Kestler explicitly teaches that in the additive manufacturing process to manufacture the porous structure, data for the guiding of the laser or electron beam, scan rate, exposure pattern and radiation intensity are determined in advance by software from the desired 3-dimensional shape and the desired porosity or pore size distribution of the framework structure of the shaped body [0018] That is, Kestler suggest shape, porosity or pore size distribution of the porous structure of shape body can all be predetermined.
Hence, Kestler suggests selecting a first desired value of a physical characteristic of the metal coupon and a second desired value of the physical characteristic of the metal coupon that is a different value from the first desired value of the physical characteristic of the metal coupon; selecting a desired value of a first porosity characteristic of the first porosity of the first porous region based on the first desired value of the physical characteristic of the metal coupon; selecting a desired value of a second porosity characteristic of the second porosity of the second porous region based on the second desired value of the physical characteristic of the metal coupon, wherein at least the desired value of the second porosity characteristic is different from the desired value of the first porosity characteristic, the forming of the first porous region is based on the desired value of the first porosity characteristic, and the forming of the second porous region is based on the desired value of the second porosity characteristic, infiltrating the braze material into at least one of: the first porous region based at least on the desired value of the first porosity characteristic of the first porosity to produce the first desired value of the physical characteristic of the metal coupon in the first porous region with the braze material therein; and the second porous region based at least on the desired value of the second porosity characteristic of the second porosity to produce the second desired value of the physical characteristic in the second porous region with the braze material therein.
Hence, instant claim 1 amended limitations are met.
Instant claim 13 whereby clause is met due to varying proportion by volume of the infiltrator.
Hence, instant claims 4 and 5 are also met due to Kesler’s desired pore size reads on claimed desired value of the first and second porosity characteristic.
The proportion by volume of the infiltrator to be varied also suggests a different brazing material as required by instant claim 12. The infiltration is done by inert gas atmosphere heating [0021] as required by instant claim 9.
Kestler teaches that in the additive manufacturing process to manufacture the porous structure, data for the guiding of the laser or electron beam, scan rate, exposure pattern and radiation intensity are determined in advance by software from the desired 3-dimensional shape and the desired porosity or pore size distribution of the framework structure of the shaped body [0018], thereby teaching that the additive manufacturing process models the shape of the object to be produced as claimed. Instant claims 10-11 and 14 wherein clauses are met.
Both Kestler and Siemens AG teach additively manufacturing a porous structure and infiltrating the porous structure with a different material. The additive manufacturing process disclosed by Siemens AG is laser or electron beam sintering or melting [0012].
As Siemens AG discloses that the coupon (porous structure) extends over the entire volume of opening [0017], modeling the porous structure would model the opening to some extent, and additively manufacturing according to the data as taught by Kestler [0018] would create desired 3-D shape and desired porosity or pore size distribution of the porous structure.
Infiltrating the braze material based on the porosity or pore size of the porous structure would create locally graded structure such that material properties can be locally optimized as required. [0010]
Hence, it would have been obvious for one of ordinary skill in the art, at the time the invention is made, to pre-select desired porosity and infiltrate the braze material based on the desired pore size of the porous structure and to create a model of the opening and additive manufacture based on the model as suggested by Kestler, in the process of Siemens AG for the benefit of obtaining desired porosity or pore size distribution of the porous structure and locally optimized material properties.
Response to Argument
In response to applicant’s argument filed on 08/03/2026 that Siemens AG does not disclose selecting two porosity characteristics of respective porous region of a metal coupon to produce two respective values of a physical characteristic of the metal coupon as recited in amended claim 1, argument is moot since Siemens AG is withdrawn as single 102 reference. Second, such amendment is new matter. Third, the fact Kestler repeatedly disclose porosity is predetermined and geometry is predetermined in the porous shaped body suggests selecting two porosity characteristics of respective porous region of a metal coupon to produce two respective values of a physical characteristic of the metal couple as recited in amended claim 1.
In response to argument that Kestler merely teaches a porosity gradient to control braze infiltration so that a material property gradient can be produced. Such argument is not persuasive because paragraph [0020] of screen shot explicitly (emphasis added) discloses porosity is predetermined to produce desired net shape and framework structure. Hence, Kestler suggests selecting two desired porosity characteristics of respective porous region of a metal coupon to produce two respective values of a physical characteristic of the metal coupon.
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Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JENNY R WU whose telephone number is (571)270-5515. The examiner can normally be reached on 8:30 AM-5:00 PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Keith Hendricks can be reached on (571)272-1401. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JENNY R WU/Primary Examiner, Art Unit 1733
