Ex Parte Vargas et al

Patent Trial and Appeal BoardFeb 25, 2019

14683419 (P.T.A.B. Feb. 25, 2019)

UNITED STA TES p A TENT AND TRADEMARK OFFICE APPLICATION NO. FILING DATE 14/683,419 04/10/2015 52237 7590 Bachman & LaPointe, P.C. 900 Chapel St., Suite 1201 New Haven, CT 06510 02/25/2019 FIRST NAMED INVENTOR Chris Vargas UNITED STATES DEPARTMENT OF COMMERCE United States Patent and Trademark Office Address: COMMISSIONER FOR PATENTS P.O. Box 1450 Alexandria, Virginia 22313-1450 www .uspto.gov ATTORNEY DOCKET NO. CONFIRMATION NO. 80590US01 (15-154) 3637 EXAMINER DILLON, DANIEL P ART UNIT PAPER NUMBER 1783 MAIL DATE DELIVERY MODE 02/25/2019 PAPER Please find below and/or attached an Office communication concerning this application or proceeding. The time period for reply, if any, is set in the attached communication. PTOL-90A (Rev. 04/07) UNITED STATES PATENT AND TRADEMARK OFFICE BEFORE THE PATENT TRIAL AND APPEAL BOARD Ex parte CHRIS VARGAS and JEREMY K. P ASKIND Appeal 2018-004486 Application 14/683,419 Technology Center 1700 Before CATHERINE Q. TIMM, DONNA M. PRAISS, and CHRISTOPHER C. KENNEDY, Administrative Patent Judges. TIMM, Administrative Patent Judge. DECISION ON APPEAL STATEMENT OF THE CASE Pursuant to 35 U.S.C. Â§ 134(a), Appellant1 appeals from the Examiner's decision to reject claims 1, 3-10, 12, 13, 21, and 22 under 35 U.S.C. Â§ 103 as obvious over Ghasripoor2 in view ofRangaswamy. 3 We have jurisdiction under 35 U.S.C. Â§ 6(b). 1 United Technologies Corporation is the applicant under 37 C.F.R. Â§ 1.46 and is also identified in the Appeal Brief as the real party in interest. Appeal Br. 2. 2 Ghasripoor et al., US 2008/0145554 Al, published June 19, 2008. 3 Rangaswamy et al., US 5,196,471, issued March 23, 1993. Appeal 2018-004486 Application 14/683,419 We AFFIRM. The claims are directed to a coating including a reticulated structural matrix and a solid lubricant mechanically retained within the reticulated structural matrix. Claim 1, with key limitations highlighted, is illustrative: 1. A coating, comprising: a reticulated structural matrix having a porosity; and a solid lubricant that at least partially fills said porosity, said solid lubricant mechanically retained within said reticulated structural matrix. Appeal Br. 13 (claims appendix) (emphasis added). OPINION Appellant does not argue any claim apart from the others. Appeal Br. 8-11. We select claim 1 as representative for resolving the issues on appeal. According to Appellant, "[ t ]he primary issue on appeal is that none of the cited references, either alone or in combination, suggest a reticulated structural matrix having a porosity and that a solid lubricant is mechanically retained within the reticulated structural matrix." Appeal Br. 8. In order to properly consider this issue, it is important to understand the scope of the language "reticulated structural matrix having a porosity" and "mechanically retained" as used in the claim. First, we consider the meaning of "reticulated structural matrix having a porosity" in light of the Specification. Appellant's Figures 1 and 2 depict coating 24 in cross-section (Fig. 1) and in an expanded top view (Fig. 2). Spec. ,r,r 27-28. The coating includes structural matrix 26 having porosity 28 at least partially filled with solid lubricant 30. Spec. ,r 31. According to 2 Appeal 2018-004486 Application 14/683,419 Appellant's Specification, "[t]he structural matrix 26 is a porous body with open and connected porosity 28, often referred to as reticulated." Spec. ,r 32. Thus, consistent with its use in the Specification, we interpret "reticulated structural matrix having a porosity" as a structural matrix having open and connected pores. Next, we consider the meaning of "mechanically retained." The Specification further discloses that "the porosity 28 is an open cell arrangement in which the structural matrix 26 forms a three-dimensional net that readily capturers [sic] the solid lubricant 30." Spec. ,r 33. It is the structural matrix 26 that "provides the mechanical structure to hold the solid lubricant 30 in place." Spec. ,r 32. Thus, consistent with the Specification, we interpret "mechanically retained" as encompassing a structural matrix having open and connected pores that readily capture the solid lubricant. Such a structural matrix may mechanically retain the solid lubricant due to its three-dimensional net structure. Ghasripoor, as found by the Examiner, "teaches providing a wear- resistant coating with substantially high solid lubricant loading and uniform solid lubricant dispersion." Final 3; Ghasripoor ,r 3. Ghasripoor forms this coating by depositing a thermal spray powder onto a substrate. Ghasripoor ,r 49. The thermal spray powder is made by infiltrating a mixture of solvent and solid lubricant particles into the porous particles of the powder and evaporating the solvent. Ghasripoor ,r,r 3, 51. Thus, Ghasripoor's thermally sprayed coating includes solid lubricant particles within the pores of the thermal spray deposited powder. 3 Appeal 2018-004486 Application 14/683,419 The Examiner acknowledges that Ghasripoor does not disclose that the structural matrix resulting from thermally spray coating the powder is reticulated. Final 3. Thus, the Examiner turns to Rangaswamy. Id. Rangaswamy, like Ghasripoor, is directed to forming a coating from a thermally sprayed powder that contains a lubricant. Rangaswamy col. 3, 11. 39--54. Rangaswamy's powder includes three components, a matrix- forming material, a solid lubricant, and a plastic. Id. The powder may be provided as agglomerates of the three materials or as a blend of discrete particles of the three components. Rangaswamy col. 4, 11. 63---68. During the spray process, the spraying temperature and velocity are controlled to allow the matrix-forming component to fuse, forming a coating with the solid lubricant and plastic randomly dispersed in the matrix. Rangaswamy col. 7, 11. 18-51. As found by the Examiner (Final 3), Rangaswamy teaches "[i]t may be desirable to form near-net shape articles using the thermal spray powders." Rangaswamy col. 7, 11. 47--48. The Examiner concludes that it would have been obvious to one of ordinary skill in the art to form Ghasripoor's coating in the form of a net-shaped article based on Rangaswamy's teaching. Final 4. Given Rangaswamy teaches that forming near-net shaped articles using thermal spraying is desirable, we determine a preponderance of the evidence supports the Examiner's finding of a reason to thermally spray the powder of Ghasripoor using temperature and velocity parameters that would result in a near-net shape. Appellant contends that the Examiner is conflating the overall net- shape of the thermally sprayed article with a reticulated material which may 4 Appeal 2018-004486 Application 14/683,419 or may not be used to form the net-shape article. Appeal Br. 8-9. But the Appellant's claim is directed to a structure. The structure must be differentiated from the prior art based on structure, not based on the method of forming the structure. Ghasripoor infiltrates solid lubricant into the pores of the powder that is to be thermally sprayed and Rangaswamy suggests conducting thermal spraying to achieve a near net-shape. It is reasonable to conclude the suggested product would have a near net-shaped structural matrix with solid lubricant within pores of that matrix. Appellant argues that whether the article is net-shaped has no bearing on whether the material is reticulated or not. Appeal Br. 9. But Appellant's own Specification describes the structural matrix as having a three- dimensional net structure. This conforms to the ordinary meaning of "reticulated." "Reticulate," when used as an adjective, means (1) "netted; covered with a network" or (2) "netlike" according to Dictionary.com/browse/reticulated (accessed Feb. 22, 2019). Appellant has not persuaded us that the structure of the reticulated structural matrix of claim 1 is patentably distinguishable from the near-net shaped structural matrix of the coating resulting from thermally spraying the powder of Ghasripoor per the teachings of Rangaswamy. Appellant further contends that Rangaswamy' s teaching of forming the thermal spray powder as mechanically fused agglomerates 20 as shown in Rangaswamy's Figure 1 teaches against mechanical retention of the solid lubricant within a reticulated structure matrix. Appeal Br. 10. This is because, according to Appellant, "the tendency to form agglomerations would necessarily prevent formation as a reticulated structural matrix." Id. 5 Appeal 2018-004486 Application 14/683,419 Appellant's argument is not persuasive. Rangaswamy's teaching of agglomerating the particles does not negate the teaching that it is desirable to form near-net shaped thermally sprayed coatings using thermally sprayed powders. It is the adjustment of the spraying parameters that results in the near-net shaped coating and the suggestion is to apply the necessary spray parameters to thermally spray the powders of Ghasripoor. It is reasonable to conclude that the result would be open and connected pores with solid lubricant mechanically retained ( due to the infiltration of the solid lubricant in the pores of the powder as taught by Ghasripoor) within the near net- shaped (i.e., reticulated) structural matrix formed by thermal spraying. Claim 1 is broad enough to encompass a structure suggested by the prior art. CONCLUSION We sustain the Examiner's rejection. DECISION The Examiner's decision is affirmed. TIME PERIOD FOR RESPONSE No time period for taking any subsequent action in connection with this appeal may be extended under 3 7 C.F .R. Â§ 1.13 6( a)( 1 ). AFFIRMED 6 Application/Control No. Applicant(s)/Patent Under Patent Appeal No. Notice of References Cited 14/683,419 2018-004486 Examiner Art Unit 1783 Page 1 of 1 U.S. PATENT DOCUMENTS * Document Number Date Country Code-Number-Kind Code MM-YYYY Name Classification A US- B US- C US- D US- E US- F US- G US- H US- I US- J US- K US- L US- M US- FOREIGN PATENT DOCUMENTS * Document Number Date Country Code-Number-Kind Code MM-YYYY Country Name Classification N 0 p Q R s T NON-PATENT DOCUMENTS * Include as applicable: Author, Title Date, Publisher, Edition or Volume, Pertinent Pages) u Reticulated I Define Reticulated at Dictionary.com V w X *A copy of this reference 1s not being furnished with this Office action. (See MPEP Â§ 707.05(a).) Dates in MM-YYYY format are publication dates. Classifications may be US or foreign. U.S. Patent and Trademark Office PT0-892 (Rev. 01-2001) Notice of References Cited Part of Paper No. 2/22/2019 .. Â·Â·Â·.Â·:Â·Â·:,â€¢::-Â·:Â· .. Â·Â·:Â·Â· Reticulated I Define Reticulated at Dictionary.com ("\ "----, [adjective ri-tik-yuh-nt, -!eyt; verb ri-Uk-yuh-!eyt] ~)p EXAMPLES I WORD ORIGI~~ adjective 2 4 to forrr; intf.) a nt::tvvork. 6 to forrn {:1 net\:vork .. Explore Dictionary.com The VVord Posslb!e Changes C..an '{o:.,; Translate These These Are the longest \/Vo:ds These /.\:e the Saddest Headlines Fa:no:..:s Phrases From Emoji? in Eng::sh Phrases in English https://www.dictionary.com/browse/reticulated 1/8 2/22/2019 Reticulated I Define Reticulated at Dictionary.com Dictionary.corn U,,abridged Based on the fomdorn House UnabridfJE,;j Dictiona,y, <Â·~) f-d :1012 DifJital Edition @ VVil!iarn Collins Sons & Co. Ltd. 1919, 1986 ~; Han)erCollins Pub!ishers 1998, 2000, 2003, 2005, 2006. 2007. 2009. 20"12 adj .. \( On!i,~e Etyrnolo9y Dictionary, (i':J 2010 Doug,as Harper https://www.dictionary.com/browse/reticulated 3/8 2/22/2019 Reticulated I Define Reticulated at oÂ· 1Â· 1c 1onary.com .. as thf~ \/Bins of S0~T1B !BaVGS. f~BSBr1"1b!inq or fonT1inq a nt1t or nBt\:vork, . Others Are Reading "'-'-'-'-'-'-'-'-'-'-'-'-'-'-'-'-'-'-'-'-'-'-'-'-'-'-'-'-'-'-'-'-'-'-'-'-'-'-'-'-'-'-'-'-'-'-'-'-'-'-" ,,,,.,'<',$!; (i~ () \,.,} t :} ~ ~ ~ 11 -~ -~ K t tit 011 J ':t t.t ~; ~Â·~ II ~] II The Year\ Top Vv'ord Tremj~, https://www.dictionary.com/browse/reticulated 4/8 2/22/2019 futilitarian https://www.dictionary.com/browse/reticulated Reticulated I Define Reticulated at Dictionary.com L PER? 5/8 2/22/2019 Reticulated I Define Reticulated at Dictionary.com \.r\lords \/Ve C:~et \\lrong: HovÂ·J fv1any of These Can -You Say? https://www.dictionary.com/browse/reticulated 6/8 2/22/2019 reticular fiber reticular formation reticular membrane reticular substance reticular tissue reticulated reticulate python reticulated bone reticulated tracery reticulation reticule Reticulated I Define Reticulated at Dictionary.com Did You K,,ow f"~ea! People Write the Dictic,,ary? Browse the Dictionary: # /\ 13 C D t:: f' C H J 1< L !\il N O P O f-< ~~' "' U \/VVX'(:t /\bout https://www.dictionary.com/browse/reticulated 718