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 .
Claim Rejections - 35 USC § 102
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claims 1-3, 11, 12 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Rudolph; James W. et al. (US 5853485 A). Rudolph teaches a thermochemical treatment facility (400; Figure 15) comprising a reaction chamber (444; Figure 15-Applicant’s 140; Figure 1) and a preheating chamber (458; Figure 15-Applicant’s 110; Figure 1) comprising a first compartment (“first preheater 458”; Figure 15; column 13; lines 34-45-Applicant’s 111; Figure 1) defining a first gas circulation path between a first gas inlet (460; Figure 15-Applicant’s 1110; Figure 1) and the reaction chamber (444; Figure 15-Applicant’s 140; Figure 1), the reaction chamber (444; Figure 15-Applicant’s 140; Figure 1) includes an enclosed cavity (444+446; Figure 15) delimited by one or more chamber walls (chamber walls defining 444; Figure 15), wherein the preheating chamber (458; Figure 15-Applicant’s 110; Figure 1) also comprises at least one second compartment (“second preheater 478”; Figure 15; column 13; lines 34-45-Applicant’s 112; Figure 1), independent of the first compartment (“first preheater 458”; Figure 15; column 13; lines 34-45-Applicant’s 111; Figure 1), defining a second gas circulation path between a second gas inlet (480; Figure 15-Applicant’s 1120; Figure 1) and the reaction chamber (444; Figure 15-Applicant’s 140; Figure 1), the second compartment (“second preheater 478”; Figure 15; column 13; lines 34-45-Applicant’s 112; Figure 1) containing a metal or metalloid precursor in the solid form resent in the second gas circulation path, and wherein said first compartment (“first preheater 458”; Figure 15; column 13; lines 34-45-Applicant’s 111; Figure 1) and said at least one second compartment (“second preheater 478”; Figure 15; column 13; lines 34-45-Applicant’s 112; Figure 1) are both in fluid communication (via “porous walls” 452; Figure 15) with said enclosed cavity (444+446; Figure 15), as claimed by claim 1. The above and below italicized claim text is considered intended use in the pending apparatus claims. Further, it has been held that claim language that simply specifies an intended use or field of use for the invention generally will not limit the scope of a claim (Walter , 618 F.2d at 769, 205 USPQ at 409; MPEP 2106). Additionally, in apparatus claims, intended use must result in a structural difference between the claimed invention and the prior art in order to patentably distinguish the claimed invention from the prior art. If the prior art structure is capable of performing the intended use, then it meets the claim (In re Casey,152 USPQ 235 (CCPA 1967); In re Otto , 136 USPQ 458, 459 (CCPA 1963); MPEP2115).
Rudolph further teaches:
The thermochemical treatment facility (400; Figure 15) according to claim 1, wherein the metal or metalloid precursor resent in the second compartment (“second preheater 478”; Figure 15; column 13; lines 34-45-Applicant’s 112; Figure 1) is a compound or a mixture of compounds chosen from zirconium, titanium, hafnium and yttrium and the second gas inlet (480; Figure 15-Applicant’s 1120; Figure 1) is connected to a source of hydrogen dichloride or chloride, as claimed by claim 2
The thermochemical treatment facility (400; Figure 15) according to claim 2, wherein the second compartment (“second preheater 478”; Figure 15; column 13; lines 34-45-Applicant’s 112; Figure 1) comprises a multi-perforated plate (multi-perforated plates shown within each 458; Figure 15, not numbered) supporting the metal or metalloid precursor in solid form, as claimed by claim 3
The thermochemical treatment facility of claim 1, wherein the first gas circulation path (“first preheater 458”; Figure 15; column 13; lines 34-45-Applicant’s 111; Figure 1) and the second gas circulation path (“second preheater 478”; Figure 15; column 13; lines 34-45-Applicant’s 112; Figure 1) are configured to introduce respective gas flows into the enclosed cavity (444+446; Figure 15) such that the gas flows mix (via “porous walls” 452; Figure 15) within the enclosed cavity (444+446; Figure 15), as claimed by claim 11
The thermochemical treatment facility of claim 1, wherein said first compartment (“first preheater 458”; Figure 15; column 13; lines 34-45-Applicant’s 111; Figure 1) and said at least one second compartment (“second preheater 478”; Figure 15; column 13; lines 34-45-Applicant’s 112; Figure 1) are both in fluid communication (via “porous walls” 452; Figure 15) with said enclosed cavity (444+446; Figure 15) such that gas originating from the first gas circulation path (“first preheater 458”; Figure 15; column 13; lines 34-45-Applicant’s 111; Figure 1) and gas originating from the second gas circulation path (“second preheater 478”; Figure 15; column 13; lines 34-45-Applicant’s 112; Figure 1) are introduced into and mix (via “porous walls” 452; Figure 15) within the enclosed cavity (444+446; Figure 15), as claimed by claim 12
Claim Rejections - 35 USC § 102/103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim 4 is 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 Rudolph; James W. et al. (US 5853485 A) in view of, if necessary, Sakagami; Seigou et al. (US 5202158 A). Rudolph, under anticipation, is belived to teach the thermochemical treatment facility (400; Figure 15) according to claim 3, wherein a layer of quartz wool is interposed between the multi-perforated plate (multi-perforated plates shown within each 458; Figure 15, not numbered) and the metal or metalloid precursor. The Examiner’s grounds of anticipation are based on the possible claim interpretation that the claimed “layer of quartz wool” is not part of the claimed “thermochemical treatment facility” and is treated as an article to-be-treated.
In the event that the Examiner’s grounds of anticipation are not persuasive, then, Sakagami also teaches a CVI reactor (Figure 3) including a porous fiber reinforced material (13) made from quartz (claim 6).
In the event that the Examiner’s grounds of anticipation are not persuasive, then, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention for Rudolph to add Sakagami’s porous fiber reinforced material (13) made from quartz (claim 6).
Motivation for Rudolph to add Sakagami’s porous fiber reinforced material (13) made from quartz (claim 6) is for producing porous fiber reinforced material (Field of the Invention).
Claim Rejections - 35 USC § 103
Claim 5 is rejected under 35 U.S.C. 103 as obvious over Rudolph; James W. et al. (US 5853485 A) in view of Delperier, Bernard et al. (US 20020076491 A1). Rudolph is discussed above. Rudolph does not teach the thermochemical treatment facility (400; Figure 15) according to claims 1, wherein the first gas inlet (460; Figure 15-Applicant’s 1110; Figure 1) is connected to a source of gaseous pyrocarbon precursor.
Delperier also teaches a CVI reactor (Figure 1) including natural gas and methane precursors for creating pyrocarbon, or , “pyrolytic carbon” ([0086]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention for Rudolph to add Delperier’s natural gas and methane precursors for creating pyrocarbon, or , “pyrolytic carbon” ([0086]).
Motivation for Rudolph to add Delperier’s natural gas and methane precursors for creating pyrocarbon, or , “pyrolytic carbon” ([0086]) is for “substrate densification” as taught by Delperier ([0086]).
Response to Arguments
Applicant's arguments filed February 26, 2026 have been fully considered but they are not persuasive.
Applicant states:
“
Rather, Rudolph describes and illustrates an apparatus in which a first preheater 458 is in fluid communication with a first enclosed cavity 456 and a second preheater 478 is in fluid communication with a second enclosed cavity 476, i.e., each preheater is associated with its own enclosed cavity rather than both preheaters being in fluid communication with one common enclosed cavity, as required by amended claim 1. Stated plainly, Rudolph lacks the limitation "both compartments in fluid communication with said enclosed cavity" because Rudolph's two preheaters are each in fluid communication with different enclosed cavities, not a shared enclosed cavity. See Figure 15.
“
In response, the Examiner has fully reconsidered Rudolph and finds direct support for Applicant’s newly added claim limitations. See above.
Applicant states:
“
As shown in Figure 15 of Rudolph, the preheater that supplies cavity 456 does not also supply cavity 476, and the preheater that supplies cavity 476 does not also supply cavity 456; thus, regardless of which Rudolph cavity is chosen as the purported "enclosed cavity," Rudolph necessarily teaches that only one preheater communicates with that cavity while the other preheater communicates with a different cavity.
“
In response to applicant's argument that the references fail to show certain features of the invention, it is noted that the features upon which applicant relies are not recited in the rejected claim(s). Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993). At most, the above arguments may only be a narrow interpretation of the February 6, 2026 amendment. As noted above, Rudolph’s teaching of “porous wall 452” at least provides support for all fluid communications ad mixing claimed.
Applicant’s remaining arguments at pages 8-9 either argue against an obviousness rejection under Rudolph, not made by the Examiner for claims 1-3, 11, 12, or incorporate the above already addressed arguments for dependent claims.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. CVI apparatus with similar gas injection profiles include:
US 20020076491 A1
US 20040071877 A1
US 20080124462 A1
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 Examiner Rudy Zervigon whose telephone number is (571) 272- 1442. The examiner can normally be reached on a Monday through Thursday schedule from 8am through 6pm EST. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Any Inquiry of a general nature or relating to the status of this application or proceeding should be directed to the Chemical and Materials Engineering art unit receptionist at (571) 272-1700. If the examiner cannot be reached please contact the examiner's supervisor, Parviz Hassanzadeh, at (571) 272- 1435.
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/Rudy Zervigon/ Primary Examiner, Art Unit 1716