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 .
Election/Restrictions
Applicant's election with traverse of Group I, claims 1- in the reply filed on 07/09/2026 is acknowledged. The traversal is on the ground(s) that the Restriction presents no rational how a method as claimed, which requires use of fugitive material comprising polyvinyl butyral can be practiced with another materially different product such as nylon, wax and poly(lactic acid).This is not found persuasive because US10995039B1 discloses that the sacrificial fibers may include crosslinked phenolic resin (e.g., Kynol®), which may have a decomposition temperature of about 600° C.; crosslinked poly(vinyl butyral); polyamides such as nylon 6,6, which may have a melting temperature of about 265° C. and a decomposition temperature of about 400° C.; polyester fiber, which may have a melting temperature of about 250° C. and a decomposition temperature of about 400° C.; an acrylic fiber, which may have a melting temperature of about 160° C. and a decomposition temperature of about 400° C., and combinations thereof. Thus, fugitive material can be nylon material other than the claimed poly polyvinyl butyral.
The requirement is still deemed proper and is therefore made FINAL.
Claim Objections
Claim 3 is objected to because of the following informalities: Please change ‘. m(Original) e” to “more”. Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(d):
(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph:
Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
Claim 2 is rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends. Claim 1 already recites that the one or more polymer core inserts comprises polyvinyl butyral. Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements.
Claim Rejections - 35 USC § 102
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 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 –
(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.
Claim(s) 1-7, 9-12, 14 and 20 is/are rejected under 35 U.S.C. 102(a(1)) as anticipated by or, in the alternative, under 35 U.S.C. 103 as obvious over US10995039B1 .
Regarding claims 1-2 and 20, US10995039B1 discloses a method of forming a ceramic matrix composite (CMC) product comprising, in order:
depositing one or more coating layers, of which at least one is a non-wetting coating, on one or more sacrificial fibers to form one or more coated sacrificial fibers;
forming a CMC preform comprising a matrix precursor, a plurality of reinforcing fibers and the one or more coated sacrificial fibers;
removing the one or more sacrificial fibers such that one or more functional features are formed along the CMC preform, wherein removing includes removing the one or more sacrificial fibers such that the non-wetting coating remains on the one or more functional features;
applying a fluid infiltrant to the CMC preform thereby densifying the CMC preform,
wherein the non-wetting coating is adapted to inhibit flow of the fluid infiltrant to the one or more functional features and deposition thereon, during melt infiltration. See Claim 1.
US10995039B1 discloses that the sacrificial fiber is poly(vinyl butyral). See Col. 5, line 48.
Regarding claims 3-4, It is noted that claims are product-by-process claims. Eventhough product-by- process claims are limited by and defined by the process, determination of patentability is based on the product itself. The patentability of a product does not depend on its method of production. If the product in the product-by-process claim is the same as or obvious from a product of the prior art, the claim is unpatentable even though the prior product was made by a different process." In re Thorpe, 77F.2d 695, 698,227 USPQ 964,966 (Fed. Cir. 1985) (citations omitted).
Regarding claims 5-6, the coated sacrificial fibers may be introduced during the tape making and/or layup process of the product manufacturing process, and can be generally cylindrical bodies, including a variety of shapes, such as circular, elliptical, square, rectangular, flat ribbon, or the like, that are coated with a non-wetting coating. See co. 4, lines 50-55.
Regarding claim 7, the one or more coated sacrificial fibers are configured in a manner in which the resultant elongate functional features, and more particularly the cooling channels, are desired (i.e. line-of-sight functional features, non-line-of-sight functional features). See Col. 10, lines 14-21.
Regarding claim 9, CMC materials of particular interest to the disclosure are silicon-containing, or oxide containing matrix and reinforcing materials. Some examples of CMCs acceptable for use herein can include, but are not limited to, materials having a matrix and reinforcing fibers comprising non-oxide silicon-based materials such as silicon carbide, silicon nitride, silicon oxycarbides, silicon oxynitrides, silicides, and mixtures thereof. Examples include, but are not limited to, CMCs with a silicon carbide matrix and silicon carbide fiber; silicon nitride matrix and silicon carbide fiber; and silicon carbide/silicon nitride matrix mixture and silicon carbide fiber. See Col. 6, lines 20-40.
Regarding claim 10, FIG. 5 is a schematic view of a CMC preform after heating and compacting the preform, in accordance with one embodiment of the present disclosure.
Regarding claims 11-12, the step of removing the sacrificial fibers, and any sacrificial coating layer present, includes removing by one or more of: (i) pyrolysis prior to applying the fluid infiltrant to the CMC preform; (ii) by melting prior to applying the fluid infiltrant to the CMC preform; (iii) by physically extraction prior to applying the fluid infiltrant to the CMC preform; (iv) by oxidation subsequent to applying the fluid infiltrant to the CMC preform, and (v) by dissolution subsequent to applying the fluid infiltrant to the CMC preform. The elongate channels formed by the method disclosed herein provide a pathway for gas to escape during the pyrolysis or burnout process. See Co. 14, line 65-Col. 15, line 5 and col. 5, lines 5-9.
Regarding claim 14, US10995039B1 discloses the fabrication of cooling channels in the CMC product. The coated sacrificial fibers may be introduced during the tape making and/or layup process of the product manufacturing process. FIG. 4 illustrates introduction of the reinforcing fibers 18, and the plurality of coated sacrificial fibers 16 with a slurry 20. The slurry 20 is generally comprised of a suspension of particulates and resins in a carrier liquid. See col. 8, lines 40-45.
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) 8 is/are rejected under 35 U.S.C. 102(a(1)) as anticipated by or, in the alternative, under 35 U.S.C. 103 as obvious over US10995039B1 .
Regarding claim 8, US10995039B1 discloses a method of forming a ceramic matrix composite (CMC) product comprising, in order:
depositing one or more coating layers, of which at least one is a non-wetting coating, on one or more sacrificial fibers to form one or more coated sacrificial fibers;
forming a CMC preform comprising a matrix precursor, a plurality of reinforcing fibers and the one or more coated sacrificial fibers;
removing the one or more sacrificial fibers such that one or more functional features are formed along the CMC preform, wherein removing includes removing the one or more sacrificial fibers such that the non-wetting coating remains on the one or more functional features;
applying a fluid infiltrant to the CMC preform thereby densifying the CMC preform,
wherein the non-wetting coating is adapted to inhibit flow of the fluid infiltrant to the one or more functional features and deposition thereon, during melt infiltration. See Claim 1.
US10995039B1 discloses that the sacrificial fiber is poly(vinyl butyral). See Col. 5, line 48.
One or more sacrificial fibers have an average diameter of about 10 μm to 1000 μm, See claim 21.
The reference differs from Applicant's recitations of claims by not disclosing identical ranges. However, the reference discloses "overlapping" ranges, and overlapping ranges have been held to establish prima facie obviousness (MPEP 2144.05).
Claim(s) 13 and 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over US10995039B1 as applied to claim 1 above, and further in view of US20160229755A1.
US10995039B1 discloses that CMC composite set forth above is an attractive material for various applications, such as for components in gas turbine engines where temperature durability and weight are important considerations. See Co. 1, lines 13-17.
US20160229755A1 discloses a method of fabricating a ceramic matrix composite is provided that can include the steps of: (i) forming a plurality of holes in a ceramic matrix composite preform of desired shape; and (ii) densifying the preform by a chemical vapor infiltration process to form a part or most of the matrix. The holes are formed by mechanical drilling, laser drilling, electrical discharge machining (EDM), water jet machining, ultrasonic abrasive machining, and/or through the use of a fugitive fiber or rod. The ceramic matrix composite made by such process is suitable for turbine components for use in a hot gas pathway. See abstract, [0004] and [0011].
Thus, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to include the steps of: (i) forming a plurality of holes in a ceramic matrix composite preform of desired shape; and (ii) densifying the preform by a chemical vapor infiltration process to form a part or most of the matrix. The holes are formed by mechanical drilling, laser drilling, electrical discharge machining (EDM), water jet machining, ultrasonic abrasive machining, and/or through the use of a fugitive fiber or rod into the teaching of US10995039B1, motivated by the fact that the ceramic matrix composite made by such process is suitable for turbine components for use in a hot gas pathway. See US20160229755A1 abstract, [0004] and [0011].
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SHUANGYI ABU ALI whose telephone number is (571)272-6453. The examiner can normally be reached Monday - Friday, 8:00 am- 5:00 pm.
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/SHUANGYI ABU ALI/ Primary Examiner, Art Unit 1731
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