DETAILED ACTION
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 Claims
Claims 1-16 are examined in this office action of which claim 16 is new in the preliminary amendment dated 3/21/24.
Claim Objections
Claim 6 is objected to because of the following informalities: Claim 6 recites the “method of claim 1 1-5” in line 1. The recitation of “1-5” appears to be an inadvertent editing error and should be deleted . Appropriate correction is required.
Claim Rejections - 35 USC § 112
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 5-6 and 11 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 applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 5 recites “the applied temperature”, “the time”, and “the pressure” in lines 1-2. There is insufficient antecedent basis for this limitation in the claim. While there is a previous recitation of “cold sintering” in claim 1, there is no previous recitation of temperatures, times of pressures.
Further in claim 5, as there are two different cold sintering steps recited in claim 1, it is not clear whether these parameters apply to the cold sintering of metal powder, cold sintering of the plastic, both cold sintering steps, or some other meaning.
Claim 6 recites the limitation “the powdered metal” in line 1. There is insufficient antecedent basis for this limitation in the claim. While there is a previous recitation of “metal powder” in claim 1, there is not a previous recitation of a powdered metal.
Claim 11 recites the limitation “wherein the additional metal is gold, silver, chrome, nickel, copper, nickel bright, copper bright, or mixture of them.” As claim 11 is directed to metals and nickel bright and copper bright are alloys and not metals, it is not clear how nickel bright and copper bright are included in the list of metal options.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 1-9 and 12-16 are rejected under 35 U.S.C. 103 as being unpatentable over US 2022/0226895 A1 of Nayir in view of US 2019/0202740 A1 of Laurin.
As to claim 1, Nayir discloses a cold sintering process to densify powdered metals at lower compaction pressures and lower temperatures (Nayir, abstract). Nayir discloses where the metal powder is a fine powder with a particle size can range from 1 nanometer to 100 micrometers and combining the powder with a solvent and the mixture is placed in the die of a hydraulic press and a pressure of 50 to 800 MPa is applied along with a temperature of 25 to 300 °C (Nayir, paragraph [0082]), reading upon cold sintering metal powder to create a first portion of a component. Nayir discloses where this process can be used to generate a sintered material on a polymer substrate (Nayir, paragraph [0081}), meeting the limitation of having a component with a second portion of plastic. However, Nayir does not explicitly disclose where plastic is added to one surface of the first portion and cold sintering the plastic onto the first portion.
Laurin relates to the same field of endeavor of cold sintering composite materials (Laurin, title). Laurin teaches forming a layered composite using cold sintering (Laurin, FIG. 3). Laurin teaches placing an amount of powder, including a cold sinterable ceramic powder in a die; placing an amount of polymer or polymer precursor molecules in the die; applying an activating solvent for the powder in the die; heating to a first temperature, and applying sufficient pressure to the powder, amount of polymer or polymer precursor molecules, and solvent to activate sintering of the powder (Laurin, claim 1), meeting the limitation of cold sintering the plastic as the material includes plastic and it is a part of the cold sintering process. Laurin teaches forming a layered composite by placing powder in contact with a surface and then applying an activating solvent to the powder and applying pressure between dies (Laurin, paragraphs [0063]-[0065]). Laurin teaches that this process results in composites with increased toughness, improved fracture strength, improved fracture strain, and/or more desirable failure modes, such as an object cracking but not falling apart (Laurin, paragraph [0046]).
Thus it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to add a step of forming a layered composite by placing powder in contact with a surface and then applying an activating solvent to the powder and applying pressure between dies as taught by Laurin into the method of forming a composite using cold sintering disclosed in Nayir, thereby creating a layer of a composite with increased toughness, improved fracture strength, improved fracture strain, and/or more desirable failure modes (Laurin, paragraph [0046]).
As to claim 2, Nayir discloses a where the mixture is placed into a die of a press (Nayir, paragraph [0082] and FIG. 3), where a die meets the limitation of the shape of the first portion being defined by a mold as the die constrains the powder and thereby defines its shape upon application of pressure.
As to claim 3, Laurin discloses where the polymer is in the form of particles (Laurin, paragraph [0035] and FIG. 1A), meeting the limitation of where the plastic is added in powder form.
As to claim 4, Nayir discloses the use of a constant pressure hydraulic press and a heater band coupled to the die and applying a temperature of from 25 to 300°C (Nayir, paragraph [0082] and FIG. 3), meeting the limitation of a hydraulic press and a heat jacket. As Nayir discloses applying heat and controlling the temperature, Nayir is disclosing a temperature controller, meeting the claim limitations.
As to claim 5, it is not clear what the temperature, pressure, and time apply to, see 112(b) rejection above. For the purposes of applying prior art, they will be interpreted as applying to one of the two cold sintering steps. Nayir discloses a pressure of 50 to 800 MPa is applied along with a temperature of 25 to 300 °C (Nayir, paragraph [0082]) and a compaction time of 10-60 min (Nayir, paragraph [0086]), overlapping the claimed parameters. “In the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists.”, see MPEP § 2144.05(I).
As to claim 6, Nayir discloses where the metal compound is any one or combination of iron, nickel, steel, stainless steel, copper, brass, bronze, copper-silver alloy, titanium, tantalum, or silver (Nayir, paragraph [0085]), meeting the limitation of where the powdered metal is primarily nickel, copper, iron or a mixture of two or more of nickel, copper, and iron.
As to claims 7-8, Laurin discloses where acceptable polymers include Polycarbonate and acrylonitrile butadiene styrene (ABS) (Laurin, paragraph [0036]), meeting the claim 7 limitation where the plastic is at least partially polycarbonate and claim 8 limitation where the plastic is at least partially ABS.
As to claim 9, Nayir discloses where the cold sintering is done with no binder (Nayir, paragraph [0109]), meeting the limitation of the method not including any additional binders.
As to claim 12, Laurin discloses where the ceramic particles include zinc oxide (Laurin, claim 6), meeting the limitation of a thermal stabilizer as ceramic oxides are thermal insulators.
As to claim 13, Nayir discloses using lubricants from classes of silanes, titanates, aluminates, zirconates can result in an insulating inorganic coating on iron powders that can yield 95% relative density (Nayir, paragraph [0104]).
As to claim 14, Laurin discloses where the ceramic particles include zinc oxide (Laurin, claim 6), meeting the limitation of an acid scavenger as applicant notes in paragraph [0023] of the specification that metal oxides are acid scavengers.
As to claim 15, Laurin discloses where the ceramic particles include zinc oxide (Laurin, claim 6), meeting the limitation of impact enhancer as the addition of a ceramic such as zinc oxide will increase the strength of the composite material and thereby its ability to resist impacts.
As to claim 16, Nayir discloses a cold sintering process to densify powdered metals at lower compaction pressures and lower temperatures (Nayir, abstract). Nayir discloses where the metal powder is a fine powder with a particle size can range from 1 nanometer to 100 micrometers and combining the powder with a solvent and the mixture is placed in the die of a hydraulic press and a pressure of 50 to 800 MPa is applied along with a temperature of 25 to 300 °C (Nayir, paragraph [0082]), reading upon cold sintering metal powder to create a first portion of a component. Nayir discloses where this process can be used to generate a sintered material on a polymer substrate (Nayir, paragraph [0081}), meeting the limitation of having a component with a second portion of plastic and creating a continuous layer of metal powder on top of plastic by cold sintering. However, Nayir does not explicitly disclose where plastic is added to one surface of the first portion and cold sintering the plastic onto the first portion.
Laurin relates to the same field of endeavor of cold sintering composite materials (Laurin, title). Laurin teaches forming a layered composite using cold sintering (Laurin, FIG. 3). Laurin teaches placing an amount of powder, including a cold sinterable ceramic powder in a die; placing an amount of polymer or polymer precursor molecules in the die; applying an activating solvent for the powder in the die; heating to a first temperature, and applying sufficient pressure to the powder, amount of polymer or polymer precursor molecules, and solvent to activate sintering of the powder (Laurin, claim 1), meeting the limitation of cold sintering the plastic as the material includes plastic and it is a part of the cold sintering process. Laurin discloses where acceptable polymers include Polycarbonate and acrylonitrile butadiene styrene (ABS) (Laurin, paragraph [0036]). Laurin teaches forming a layered composite by placing powder in contact with a surface and then applying an activating solvent to the powder and applying pressure between dies (Laurin, paragraphs [0063]-[0065]). Laurin teaches that this process results in composites with increased toughness, improved fracture strength, improved fracture strain, and/or more desirable failure modes, such as an object cracking but not falling apart (Laurin, paragraph [0046]).
Thus it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to add a step of forming a layered composite by placing powder in contact with a surface and then applying an activating solvent to the powder and applying pressure between dies and where the polymer is polycarbonate and ABS as taught by Laurin into the method of forming a composite using cold sintering disclosed in Nayir, thereby creating a layer of a composite with increased toughness, improved fracture strength, improved fracture strain, and/or more desirable failure modes (Laurin, paragraph [0046]).
Claims 10-11 are rejected under 35 U.S.C. 103 as being unpatentable over US 2022/0226895 A1 of Nayir and US 2019/0202740 A1 of Laurin as applied to claim 1 above, and further in view of US 5922397 A of Brandt.
As to claim 10, the combination of Nayir and Laurin discloses the method of forming a component of cold sintered metal powder and cold sintered plastic, see claim 1 rejection above. However, neither Nayir nor Laurin discloses plating an additional metal onto the component without etching, sensitization of activation steps.
Brandt relates to the same field of endeavor plating multi-layer constructs (Brandt, col 1, lines 5-11). Brandt teaches plating a conductive surface onto a sintered paste which comprised a metal powder, solder powder, binder and crosslinking agent (Brandt, claims 1 and 5). Brandt teaches that this process produces a conductive trace with reduced resistance and good adhesion of the plated metal to the underlying material (Brandt, col 9, lines 16-18).
Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to add a conductive surface by coating metal as taught by Brandt into the method of forming a metal and plastic cold sintered part disclosed by the combination of Nayir and Laurin, thereby plating the cold sintered metal with another metal and produces a conductive trace with reduced resistance and good adhesion of the plated metal to the underlying material (Brandt, col 9, lines 16-18).
As to claim 11, Brandt teaches wherein plating employs a metal selected from the group consisting of Ni, Cu, Ag, Au, Pd, Sn, Pb, Zn and Sn (Brandt, claim 4), reading upon the claim limitation of the additional metal being silver, gold, nickel, copper or a mixture thereof.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Joshua S Carpenter whose telephone number is (571)272-2724. The examiner can normally be reached Monday - Friday 8:00 am - 5:30 pm.
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, Keith Hendricks can be reached at (571) 272-1401. 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.
/JOSHUA S CARPENTER/Examiner, Art Unit 1733
/JOPHY S. KOSHY/Primary Examiner, Art Unit 1733