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 traversal of the restriction requirement is found persuasive. The restriction requirement is therefore withdrawn. Pending claims are 1-20.
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 1-20 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.
Regarding claim 1, the phrase “e.g." renders the claim indefinite because it is unclear whether the limitation(s) following the phrase are part of the claimed invention. See MPEP § 2173.05(d).
Claim 1 recites the limitation "the polyvinyl butyral" in lines 8 and 9. There is insufficient antecedent basis for this limitation in the claim.
NOTE: If applicant in claiming the binder is polyvinyl butyral or polyvinyl alcohol, the examiner would suggest amended the claim as follows:
A method comprising: preparing a ceramic matrix composite (CMC) preform with one or more integrated core inserts, wherein each of the one or more core inserts comprises a base structure of a fugitive material comprising graphite and a binder that poses minimal or no chemical interaction with a CVI process, wherein the binder is polyvinyl butyral, (PVB) or polyvinyl alcohol ( PVA) and one or more flow modification elements made of a non-fugitive material; subjecting the preform with the one or more integrated core inserts to a heat treatment to remove the polyvinyl butyral of the base structure while retaining the graphite and the one or more flow modification elements, wherein removal of the polyvinyl butyral results in formation of one or more internal cavities within the composite, and the retained graphite aids in supporting the internal cavities; densifying the preform to form a ceramic matrix composite with the one or more internal cavities containing the flow modification element(s); and removing retained graphite from the internal cavities.
The term “minimal... chemical reaction with a CVI process” in claims 1, 19, and 20 is a relative term which renders the claim indefinite. The term “minimal” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. The claims fails to state what constitutes a “chemical interaction” or the amount or type of interaction that is considered “minimal” therefore the claims do not provide an objective boundary by which one of urinary skill in the art could determine whether a particular binder fails within or outside the scope of the claim, the metes and bounds of the claim cannot be determined with reasonable certainty.
Claims 2-18 are included in the rejection since they depend from claim 1.
Regarding claim 19, the phrase "e.g. " renders the claim indefinite because it is unclear whether the limitation(s) following the phrase are part of the claimed invention. See MPEP § 2173.05(d).
Regarding claim 20, the phrase "e.g." renders the claim indefinite because it is unclear whether the limitation(s) following the phrase are part of the claimed invention. See MPEP § 2173.05(d).
Allowable Subject Matter
Claims 1-20 would be allowable if rewritten or amended 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.
The following is a statement of reasons for the indication of allowable subject matter:
Jarmon et al. (US 2002/0076541) discloses a process for forming a ceramic matrix composite part having elongated cooling channels. The process comprises preparing a CMC preform with integrated inserts (rods) comprises about 65 volume percent of graphite and 35 volume percent of epoxy binder (see 0040); the preform is consolidated; and the part is heated to remove the carbon based inserts leaving hollow channels.
Jarmon et al. fails to teach removing the binder in a separate heat-treatment step before densification while retaining the graphite portion; the core inserts comprise a flow modification element made of a non-fugitive material that is retained after the heat treatment as required by the claims
Kracum et al. (US 2022/0316706) discloses a ceramic intermediate comprising a preform formed of fiber plies, CMC matrix, and inserts (sacrificial springs) formed of graphite fibers in an epoxy matrix (binder). Kracum et al. fails to each the intermediate comprises one or more flow modification elements as required by the claims.
Dunn et al. (US 10995039) teaches a process for preparing ceramic matrix composites, the process comprising providing coated sacrificial fibers (fibers are formed of sacrificial fiber – see 12 of Fig. 2, col. 6, line 65 – col. 7, line 2, crosslinked phenolic resin, crosslinked polyvinyl butyral, etc. – coating see 14 of Fig. 2 and col. 7, lines 32-39) formed of a boron, an oxide, or a combination thereof), reinforcing fibers (18 of Fig. 4- ceramic fibers in a single ply or multiple plies – see col. 8, lines 40-60) in a slurry (see col. 9,lines 47-54); melt infiltrating; removing the sacrificial fibers through decomposition to form elongated channel (while maintaining the coating adhered to the inner surface of the channels); and subsequently densifying the preform.
Dunn et al. teaches forming a carbon layer over the reinforcing fibers (see col. 9, lines 20-26) but fails to teach the sacrificial fibers comprising a graphite, removal of the sacrificial fibers leaves a graphite layer within the interior and further removal of the graphite after densifying the preform as required by the claims.
Whittle et al. (US 20210032994) teaches a CMC airfoil having non-fugitive ceramic reinforcements embedded in and integrated with a CMC preform so portions of the reinforcements protrude into an internal cooling cavity after densification (42 of Fig. , 0042).
The cited prior art fails to teach the combination of providing a core insert having a base structure formed of fugitive material comprising a binder, graphite, and one or more flow modification elements formed of a non-fugitive material; performing a heat treatment to remove the binder while the graphite remains to form internal cavities within the composite densifying the preform and removing the graphite from the internal cavities as required by claims 1-20.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Cachet I Proctor whose telephone number is (571)272-0691. The examiner can normally be reached Monday-Friday 7-3 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, Michael Cleveland can be reached at 571-272-1418. 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.
/CACHET I. PROCTOR/
Examiner
Art Unit 1712
/CACHET I PROCTOR/Primary Examiner, Art Unit 1712
Prosecution Insights