UNITED TECHNOLOGIES CORPORATIONDownload PDFPatent Trials and Appeals BoardJul 29, 20212020005177 (P.T.A.B. Jul. 29, 2021) Copy Citation UNITED STATES PATENT AND TRADEMARK OFFICE 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 APPLICATION NO. FILING DATE FIRST NAMED INVENTOR ATTORNEY DOCKET NO. CONFIRMATION NO. 15/037,698 05/19/2016 Lei Chen 73450US02 (13-371-2) 5176 52237 7590 07/29/2021 Bachman & LaPointe, P.C. 900 Chapel St., Suite 1201 New Haven, CT 06510 EXAMINER CHUNG, HO-SUNG ART UNIT PAPER NUMBER 1794 MAIL DATE DELIVERY MODE 07/29/2021 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 LEI CHEN1 Appeal 2020-005177 Application 15/037,698 Technology Center 1700 Before ERIC B. GRIMES, LINDA M. GAUDETTE, and DEBRA L. DENNETT, Administrative Patent Judges. GRIMES, Administrative Patent Judge. DECISION ON APPEAL This is an appeal under 35 U.S.C. § 134(a) involving claims to an aluminum component coating system, which have been rejected as obvious. We have jurisdiction under 35 U.S.C. § 6(b). We AFFIRM. STATEMENT OF THE CASE “Aluminum alloys are extensively used in the aeronautical industry due to their high strength and low density. . . . Pitting and intergranular 1 Appellant identifies the real party in interest as Raytheon Technologies Corporation. Suppl. Appeal Br. 3. “Appellant” refers to “applicant” as defined in 37 C.F.R. § 1.42. Appeal 2020-005177 Application 15/037,698 2 corrosion of the aluminum alloys is one key risk to be mitigated to ensure reliability.” Spec. ¶ 2. “The present disclosure relates to applying a corrosion resistant aluminum coating with a sacrificial underlayer to protect aluminum alloy components, such as fan blades, from localized corrosion and galvanic corrosion.” Id. ¶ 26. “The sacrificial underlayer 16 may be formed from pure zinc or a zinc alloy.” Id. ¶ 28. “After the underlayer 16 has been formed on the substrate 12, an aluminum coating 18 is deposited onto the sacrificial or under layer 16.” Id. ¶ 31. “[W]hen the top aluminum coating 18 fails such as by cracking[,] [t]he top coating failure allows electrolytes to penetrate through the barrier layer, which would create a corrosive environment that could lead to corrosion damage of the base aluminum alloy.” Id. ¶ 32. “With the presence of a more active zinc underlayer, corrosion occurs on the sacrificial zinc layer to delay the attack of the base alloy to allow mitigation actions to be taken.” Id. Claims 1–3, 5–7, and 15 are on appeal. Claim 1, reproduced below, is illustrative: 1. A coating system for an aluminum component which comprises: a substrate formed from an aluminum material; a zinc material sacrificial layer deposited on said substrate; and an aluminum coating deposited over said zinc sacrificial layer, wherein said substrate is a fan blade of a turbine engine, and wherein said sacrificial layer has a thickness of less than 10 microns and said aluminum coating has a thickness in the range of from 5 microns to 50 microns. Appeal 2020-005177 Application 15/037,698 3 OPINION Claims 1–3 and 5–7 stand rejected under 35 U.S.C. § 103 as obvious based on Watson,2 Piascik,3 and alternatively Dean.4 Final Action5 2. Claim 15 stands rejected under 35 U.S.C. § 103 as obvious based on Watson, Piascik, and alternatively Dean, further in view of either Cline6 or Cammer.7 Final Action 4. Appellant has waived arguments directed to the rejection of claim 15 (see Appeal Br. 10), so the same issue is dispositive for both rejections. The Examiner finds that “Watson teaches a coating system for an aluminum component,” which comprises the aluminum material substrate and zinc sacrificial layer recited in claim 1, but “Watson does not explicitly teach an aluminum coating deposited over said zinc sacrificial layer.” Final Action 2–3. The Examiner finds that “Piascik teaches aerospace gas turbine blades are susceptible to corrosion or erosion due to ‘exposure to salt, sulfur, and sand.’” Id. at 3. The Examiner also finds that “Piascik teaches electroplating [with] aluminum and its alloys,” and teaches that depositing “aluminum or its alloys on substrates have been used ‘for corrosion and wear and tear resistance.’” Id. The Examiner finds that “Dean teaches it was known to put coatings on top of sacrificial layers.” Id. 2 US 2013/0192996 A1, published August 1, 2013. 3 US 2012/0156519 A1, published June 21, 2012. 4 US 4,036,602, issued July 19, 1977. 5 Office Action mailed Oct. 8, 2019. 6 US 2003/0071019 A1, published April 17, 2003. 7 US 2009/0165299 A1, published July 2, 2009. Appeal 2020-005177 Application 15/037,698 4 The Examiner concludes that it would have been obvious to modify Watson’s “component with Piascik’s aluminum or aluminum alloy coating on top of the zinc layer ‘for corrosion and wear and tear resistance.’” Id. at 3–4. Alternatively, the Examiner reasons that it “would have been obvious to have put Piascik’s coating on top of [Watson’s] zinc layer as Dean teaches it was known to put additional coatings on top of a sacrificial layer to yield the predictable results of having not just the overcoat benefits but also the sacrificial layer protection.” Id. at 4. We agree with the Examiner that the cited references support a prima facie case of obviousness. Watson teaches that “[a]luminum alloys have many positive attributes as engineering materials,” and are “candidates for operation in the cooler sections of modern gas turbine engines. Shrouds, cases, blades, and vanes are potential applications.” Watson ¶ 2 (emphasis added). However, “it is well known that aluminum alloys exposed to aqueous environments with high salinity and/or sulfur content suffer from various forms of debilitating corrosion.” Id. ¶ 3. Watson discloses “[a]n aluminum alloy component ha[ving] a surface region alloyed with an anodic metal such as zinc, beryllium, or magnesium to increase corrosion resistance in aqueous environments with high salinity and/or sulfur content.” Id. ¶ 5. Watson states that the “surface alloy region . . . is anodic with respect to the rest of the component [and] protects the component from atmospheric corrosion and corrosion in aqueous environments with high salinity and/or sulfur content by sacrificially concentrating the corrosion in the near surface region of the Appeal 2020-005177 Application 15/037,698 5 component thereby allowing a pit to increase in width rather than in depth.” Id. ¶ 16. Thus, as the Examiner found (Final Action 2–3), Watson suggests a fan blade for a turbine engine made from an aluminum material (i.e., aluminum alloy) coated with a zinc sacrificial layer. Watson does not suggest an additional aluminum coating deposited over the zinc sacrificial layer, as recited in Appellant’s claims. However, Piascik teaches that “gas turbine engine components such as . . . blades are susceptible to oxidation because they encounter severe operating conditions at high temperature conditions. As used herein, ‘severe operating conditions’ include high gas velocities and exposure to salt, sulfur, and sand.” Piascik ¶ 2. Piascik also teaches that “[i]onic liquids have been used to deposit aluminum on non-superalloy substrates for corrosion and wear and tear resistance in a lab-scale three-step process.” Id. ¶ 5. Dean teaches “protection of metal substrates, such as ferrous and non- ferrous metals, from corrosion in highly saline and/or marine atmospheres.” Dean 1:5–7. In Dean’s method, “[t]he metal substrate of interest is first coated with a magnesium-reacting matrix metal,” such as zinc, and a “non- metallic layer may then be applied to the sacrificial coating as an overcoat to provide in effect a duplex coating, that is to say, a sacrificial coating of a magnesium-containing alloy and a glassy non-metallic overcoat.” Id. at 2:42–65. We agree with the Examiner that, based on the above teachings, the product of claim 1 would have been obvious to a person of ordinary skill in the art. Watson suggests a turbine engine fan blade made from an aluminum Appeal 2020-005177 Application 15/037,698 6 alloy and coated with a layer of zinc to resist corrosion. Watson ¶¶ 2, 5. Piascik teaches depositing aluminum on non-superalloy substrates to increase corrosion resistance and wear-and-tear resistance. Piascik ¶ 5. Dean teaches applying a (non-metallic) coating over a zinc sacrificial coating “to provide in effect a duplex coating.” Dean 2:62–63. Thus, a person of ordinary skill in the art would have considered it an obvious modification of Watson’s turbine engine fan blade to add a coating of aluminum over the zinc sacrificial layer “to provide in effect a duplex coating” (Dean 2:62–63) and thereby increase corrosion resistance and wear- and-tear resistance (Piascik ¶ 5). Appellant argues that “Watson . . . would instruct a person having ordinary skill in the art away from depositing an aluminum coating over the zinc sacrificial layer” because Watson “teaches that ‘it is well known that aluminum alloys exposed to aqueous environments with high salinity and/or sulfur content suffer from various forms of debilitating corrosion.’” Appeal Br. 6. Thus, Appellant argues, “[m]odifying Watson to reach the subject matter of the pending claims places an aluminum coating precisely where Watson teaches it would be subject to various forms of debilitating corrosion. This is a clear teaching away.” Id. Appellant argues that Watson teaches that “the corrosion problem is solved by having a surface region alloyed with an anodic metal such as zinc. The zinc in Watson is in the surface layer.” Id. at 8. Appellant argues that “the combination of teachings in Watson and Piascik would not lead a person having ordinary skill in the art to put an aluminum layer over the zinc sacrificial layer” because Watson teaches “that Appeal 2020-005177 Application 15/037,698 7 aluminum on the surface needs to be protected by the zinc layer, and the zinc layer is in the surface region. . . . At best, the teachings of Piascik might be seen as an alternative to the zinc layer of Watson.” Id. at 8–9. Appellant also argues that Dean teaches that a sacrificial coating can be covered with an adherent non-metallic overcoat. . . . A person having ordinary skill in the art, following Dean, might consider applying a non- metallic coat such as a conversion coating over the zinc, but this does not arrive at the subject matter of claim 1. Id. at 9. These arguments are unpersuasive. Watson states that “it is well known that aluminum alloys exposed to aqueous environments with high salinity and/or sulfur content suffer from various forms of debilitating corrosion.” Watson ¶ 3 (emphasis added). Watson therefore teaches coating a component made from an aluminum alloy with zinc to protect it from “atmospheric corrosion and corrosion from aqueous environments with high salinity and/or sulfur content.” Id. ¶ 16. Piascik, however, is not limited to coating substrates with an aluminum alloy; Piascik states that “[i]onic liquids have been used to deposit aluminum on non-superalloy substrates for corrosion and wear and tear resistance.” Piascik ¶ 5 (emphasis added). Appellant has not pointed to evidence in the record showing that a skilled artisan would have thought Piascik’s suggestion—that an aluminum coating provides “corrosion and wear and tear resistance”—would not apply to Watson’s zinc-coated, aluminum alloy turbine engine fan blade. We therefore affirm the rejection of claim 1 under 35 U.S.C. § 103 based on Watson, Piascik, and Dean. Claims 2, 3, and 5–7 were not argued Appeal 2020-005177 Application 15/037,698 8 separately and fall with claim 1. Appellant has waived arguments with respect to the rejection of claim 15. See Appeal Br. 10. We therefore affirm the rejection of claim 15 under 35 U.S.C. § 103 based on Watson, Piascik, Dean, and either Cline or Cammer. DECISION SUMMARY In summary: Claims Rejected 35 U.S.C. § Reference(s)/Basis Affirmed Reversed 1–3, 5–7 103 Watson, Piascik, Dean 1–3, 5–7 15 103 Watson, Piascik, Dean, Cline, Cammer 15 Overall Outcome 1–3, 5–7, 15 TIME PERIOD FOR RESPONSE No time period for taking any subsequent action in connection with this appeal may be extended under 37 C.F.R. § 1.136(a). See 37 C.F.R. § 1.136(a)(1)(iv). AFFIRMED Copy with citationCopy as parenthetical citation