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 .
Election/Restrictions
Applicant's election with traverse of Group III (claims 15-20) in the reply filed on 4/23/2026 is acknowledged. The traversal is on the ground(s) that ink formulation is same as single element. This is not found persuasive because the process of using the is classified in different class and subclass and therefore, is restricted out.
The requirement is still deemed proper and is therefore made FINAL.
Claim Objections
Claim 15 is objected to because of the following informalities: claim 15 is dependent upon withdrawn claim. 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 15-20 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 15 initially appears to state or include formulation for an ink (line 3), however, later claims extrusion device though a nozzle to provide an extruded filament (line 14-15), to form or fabricate an article. Claim as written is vague and indefinite as it is unclear whether claim 15 pertains to (i) printing (ink-jetting) the material, or (ii) printing filament (FDM) using the composition claimed or combination. Though the specification indicates various processes, however, does not clearly states combination of processes. Applicant is urged to clarify the claims. Claim is unclear whether the term “ink” is used for alternatively “composition” for extruding filament or ink-jet printing. For examination, the Examiner considers that ink-jet printer is capable producing clamed subject matter.
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) 15 and 20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kritchman et al. (US 2021/0354365 A1).
Regarding claim 15, Kritchman et al. teach a method of fabricating an article ([0006]-[0534]), the method comprising: providing an ink formulation comprising a superalloy particle, the superalloy particle comprising a primary element of Ni, Co, Fe, or a combination thereof, and a secondary element comprising an element of Group 4 to Group 14, or a combination thereof, of the Periodic Table of the Elements, other than the primary element, wherein the superalloy particle has a size of less than 30 micrometers (see [0148]-[0159]), a binder comprising a polymer ([0148]-[0159]), and a solvent ([0156]-[0157]); optionally mixing the ink formulation to provide a homogeneous solution; loading the ink formulation into an extrusion device ([0148]-[0159]), pressurizing and extruding the ink formulation in the extrusion device through a nozzle to provide an extruded filament (ink-jetting, [0108]-[[0110], [0139]); and sintering the extruded filament thermally to fabricate an article comprising the non- weldable superalloy ([0139]).
As for claim 20, Kritchman et al. teach wherein the pressurizing and the extruding is performed under a computer digital control, and wherein the extruded filament is deposited on a substrate as sequential layers to form a three-dimensional article ([0030]-[0032],[0089]-[0156]).
Allowable Subject Matter
Claims 16 -19 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
The closest prior art Kritchman et al. (US 2021/0354365 A1) fail to teach wherein the sintering comprises placing the extruded filament in a furnace under an inert atmosphere comprising argon, nitrogen, or a combination thereof, heating the extruded filament until reaching a peak temperature, wherein the peak temperature is less than the solidus temperature of the superalloy, or alternatively, greater than the solidus temperature and less than the liquidus temperature of the superalloy, maintaining the peak temperature for 5 hours to 20 hours to sinter the superalloy particles, and cooling the sintered superalloy particles; wherein the sintering further comprises, before heating the extruded superalloy to the peak temperature, heating the extruded filament until reaching a first temperature of 100 °C to 150°C, and maintaining the first temperature for 0.1 hour to 3 hours, heating the extruded filament until reaching a second temperature of greater than the boiling point of the solvent, and maintaining the second temperature for 0.1 hour to 3 hours, and heating the extruded filament until reaching a third temperature greater than the decomposition temperature of the binder, and maintaining the third temperature for 0.1 hour to 3 hours; wherein the peak temperature is greater than the formation temperature of each of a M23C6 carbide and a M6C carbide, wherein M comprises an element of the primary element, the secondary element, or a combination thereof, other than carbon, and C is carbon.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
US 10632535 B2 - Cobalt Based Alloy Additive Manufactured Article, Cobalt Based Alloy Product, And Method For Manufacturing Same;
US 20190344344 A1 - BINDER JETTING AND SUPERSOLIDUS SINTERING OF FERROUS POWDER METAL COMPONENTS.
US 9421612 B2 - the method can include providing a particulate source metal including a primary particulate having an average starting particle size. The method can also include optionally ball milling and mixing the particulate source metal with a binder in a solvent to form a slurry.
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NAHIDA SULTANA
Primary Examiner
Art Unit 1743
/NAHIDA SULTANA/Primary Examiner, Art Unit 1743
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