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 1-3 are pending and are examined.
Information Disclosure Statement
The information disclosure statement (IDS) was submitted on 01/27/2025 and is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Claim Interpretation
Instant claim 1 required “for use in a laser powder bed furoin additive manufacturing process” is intended use and preamble according to MPEP 2111.02 II.
Because the preamble merely states the purpose or intended use of the invention, rather than a claim limitation, no patentable weight would be given. See MPEP 2111.02 II
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.
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.
Claim 3 recites the limitation "said metal alloy powder blend" in line 3. There is insufficient antecedent basis for this limitation in the claim as independent claim 1 recites a metal alloy powder, not metal alloy powder blend.
Claim Rejections - 35 USC § 102
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-3 are rejected under 35 U.S.C. 102(a)(1)/(a)(2) as being anticipated by Saveker (US20100068087A1).
As for claims 1-3, Saveker discloses in Example 1 ([0040]), a metal matrix composite (i.e. claimed metal alloy powder ) which is a mixture of aluminum alloy powder (i.e. claimed metal alloy particles) and SiC powder (i.e. claimed nucleant material). Mean (d50) particle size of the aluminum powder is 30 microns ([0040] line 5), which supports instant claim 1 required D50 particle size of 5-150 microns. SiC acts as heterogeneous nucleation sites, hence it is expected to lower the energy of nucleation of aluminum alloy powder. The metal matrix composite is used in powder metallurgy ([0002]). Hence, it is fully capable for use in a laser powder bed fusion additive manufacturing process as claimed.
SiC powder has a D50 particle size of 12.8 micron ([0040] line 6), which supports instant claim 2 required D50 particle size of 5-150 microns.
The proportion of SiC is equivalent to 25% by volume ([0040] line 7), which supports instant claim 3 required 0.1-35% vol.
Claim(s) 1- 3 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Lin (US20170120386A1 which has provisional application filed on 03/12/2015).
As for claims 1-3, Lin discloses an aluminum-based product formed from a powder. The powder is used as precursor material in a laser powder bed fusion([0014]) additive manufacturing process.. Hence, the powder reads on claimed metal alloy powder comprising a mixture of aluminum alloy matrix and ceramic reinforcement phase such as TiB2. (Figures 3a-3f and [0067]) Ceramic reinforcement phase of TiB2 reads on claimed nucleant material, which is expected to lower the energy of nucleation of the aluminum alloy matrix. The aluminum alloy matrix reads on claimed metal alloy particles since the matrix is in particle form.
The median (D50) size of the powder is 48.81 microns [0069], which reads on instant claim 1 required metal alloy particle having a D50 particle size of 5-150 microns. The ceramic particles is 1-30 vol% of the powder (claim 1), which is within instant claim 3 required 0.1-35 vol%. Since the ceramic reinforcement phase is dispersed within the aluminum alloy matrix, it is also in a form of powder, which reads on instant claim 2 required powder, the median (D50) size of the powder reads on instant claim 2 required wherein clause.
Conclusion
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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/JENNY R WU/Primary Examiner, Art Unit 1733
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