DETAILED ACTION
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on December 24, 2025 has been entered.
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 .
Priority
It is acknowledged that this application claims priority as a continuation in part of PCT/US 2017/065396 filed December 8, 2017, which claims priority to US Provisional 62/497,935 filed December 8, 2016.
Claim Status
This Office Action is in response to the Remarks and Claim Amendments filed December 24, 2025.
Claims Filing Date
December 24, 2025
New
26
Amended
1, 24, 25
Cancelled
9-11, 17-21
Under Examination
1-8, 12-16, 22-26
The applicant argues support for amendments in Table 1, [0008], [0073], [0103]-[0106], [0113] (Remarks p. 6 para. 1).
Response to Remarks filed December 24, 2025
Applicant's arguments filed December 24, 2025 have been fully considered but they are not persuasive.
112(a)
The applicant argues withdrawal of the 112(a) claim 24 rejection in light of claim amendment (Remarks p. 6 para. 3).
The claim 24 amendment fails to comply with the written description requirement because applicant does not disclose tuning “below a threshold value”.
McHenry in view of Shen
The applicant argues the cited alloys of Shen Table 3 and [0061] include phosphorus, which decrease saturation magnetic induction intensity, such that the alloy of Shen is different from the (Fe-Ni)80(B-Si-Nb)20 alloy of amended claim 1 (Remarks p. 7 para. 2 to p. 8 para. 1).
Claim 1 lines 13-14 recite “the crystalline grains, amorphous matrix, and the one or more barriers together comprise an alloy of (Fe-Ni)80(B-Si-Nb)20”. The transitional phrase “comprise” is inclusive or open-ended and does not exclude additional, unrecited elements (phosphorus) from the prior art (Shen). MPEP 2111.03.
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 (i.e., saturation magnetic induction intensity) 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).
The applicant argues none of the disclosed alloys of Shen or nanocomposites of McHenry recite (Fe-Ni)80(B-Si-Nb)20 (Remarks para. spanning pp. 8-9).
A reference may be relied upon for all that it would have reasonably suggested to one having ordinary skill in the art. MPEP 2123(I). Disclosed examples and preferred embodiments do not constitute a teaching away from a broader disclosure or nonpreferred embodiments. MPEP 2123(II).
McHenry discloses a nanocomposite alloy with between 80 and 88 at% Fe and Ni and a combined total of B, Si, and Nb of 19 to 25 at% (B: 13 to 15 at%; Si: 2 to 5 at%; Nb: 4 to 5 at%) ([0014]-[0016]). Similarly, Shen discloses an FeNi-based alloy with 74 to 82 at% Fe and Ni and preferably a combined total of B, Si, and Nb of 13 to 29 at% (B: 12 to 18 at%; Si: 0 to 8 at%; Nb: 1 to 3 at%) ([0056]-[0063], Tables 1-3). The disclosed nanocomposites of McHenry and alloys of Shen overlap with the claimed composition such that a prima facie case of obviousness exists. MPEP 2144.05(I).
The applicant argues Shen describes amorphous soft magnetic alloys ([0015]-[0045], [0061]), which are not a nanocomposite comprising crystalline grains embedded in an amorphous matrix (Remarks p. 8 para. 2, p. 9 para. 2), where according to applicant’s specification at [0008] and [0076] a large ΔTx is present after partial crystallization and the properties depend on the control of the crystalline grains (Remarks p. 9 para. 2).
In response to applicant's arguments against the references individually, one cannot show nonobviousness by attacking references individually where the rejections are based on combinations of references. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981); In re Merck & Co., 800 F.2d 1091, 231 USPQ 375 (Fed. Cir. 1986).
McHenry in view of Shen discloses a nanocomposite comprising crystalline grains embedded in an amorphous matrix (McHenry [0017], [0035]) with a difference between a primary crystallization temperature and a glass transition temperature that exceeds 45°C (Shen [0087]) to advantageously have a high amorphous forming ability (Shen [0002], [0044], [0056], [0102]) with low cost (Shen [0015]), where the FeNi23B6 phase inhibits movements of atoms and improves stability of the supercooled liquid phase (Shen [0062]).
Shen discloses both crystallization temperature and the width of the supercooled region change with alloy composition (Shen [0047]-[0049], [0072], Figs. 2-4) with increasing Si first increasing the width then decreasing it (Shen [0084]). The alloy of Shen has a supercooled liquid phase with high stability (Shen [0087]) as indicated by a significantly larger width, depth, and area (Shen [0094]). Therefore, according to Shen, the difference between a primary crystallization temperature and a glass transition temperature is a composition dependent property. Since Shen discloses a composition that reads on that claimed ([0056]-[0063], Tables 1-3), then the claimed temperature difference is rendered obvious.
Further, applicant’s specification discloses the claimed temperature difference is also related to the alloy composition ([000121]) and that GFA (glass forming ability) is based on the liquid phase ([000112]) and composition of the (Fe70Ni30)80(B-S-Nb)20 soft magnetic alloy system ([000118]). Applicant’s specification also discloses that kinetics-based predictions of GFA are possible, where alloys with high viscosities tend to have improved GFA and additional alloying elements that effect the GFA also effect the viscosity ([000113]). Applicant’s invention is related to selected compositions with varying the Si, B, and Nb amounts and improved GFA ([000120]-[000121]). Therefore, according to applicant’s specification, the composition, including alloying elements, determine the GFA, which relates to the difference between a primary crystallization temperature and a glass transition temperature. “Expected beneficial results are evidence of obviousness of a claimed invention.” MPEP 716.02(c)(II).
With respect to the above argument, applicant’s specification in [0008] also recites that “a range of compositions in the (Fe70Ni30)80(B-Si-Nb)20 system shown to have good glass forming ability (GFA) by models based on Thermocalc simulations” and that “some of these alloys have a large ΔTxg=(Tx-Tg)…”, indicating that the ΔTxg is related to the alloy (composition). Applicant’s specification at [0076] recites “Example Fabrication and Experimental Tools:”, such that it does not disclose what applicant alleges in the argument.
For the above cited reasons, the rejection of McHenry in view of Shen is maintained.
McHenry in view of Dusan
The applicant argues Dusan describes four cases and describes a metallic glass and not a nanocomposite comprising crystalline grains embedded in an amorphous matrix (Remarks p. 10 paras. 2-3).
Dusan discloses the manufactured metallic glass, which has an amorphous matrix, is in a “partially crystallized state” (p. 4 para. 6, p. 5 para. 3). Dusan also discloses controlling the difference between glass transition temperature and crystallization temperature to be larger than 30 Kelvin allows for shaping between the glass transition and crystallization temperature (Dusan p. 5 para. 4). Similarly, applicant’s invention has improved shaping ([00098]) by thermomechanical processing even after nanocrystallization ([0008]). “Expected beneficial results are evidence of obviousness of a claimed invention.” MPEP 716.02(c)(II).
For the above cited reasons, the rejection of McHenry in view of Dusan is maintained.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claim 24 is rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement.
The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Claim 24 lines 1-2 “a magnetostriction coefficient value is tuned below a threshold value” fails to comply with the written description requirement. Applicant’s specification, such as [00019], [00040]-[00042], [00056], [00059] recite tuning by adjusting the composition so that properties meet application demands. However applicant does not disclose the tuning being “below a threshold value”. Therefore, amended claim 24 is not supported by applicant’s specification.
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.
Claim 24 is 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 24 lines 1-2 “below a threshold value” renders the claim indefinite. What is the threshold value? How would one of ordinary skill of art know when the value is below an undisclosed threshold? For the purpose of examination claim 24 will be interpreted as any magnetostriction coefficient value being below the threshold, such that the nanocomposite is necessarily tuned below it.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 1-8, 12-16, and 23-25 are rejected under 35 U.S.C. 103 as being unpatentable over McHenry (US 2010/0265028) in view of Shen (CN 102867608 machine translation).
Regarding claim 1, McHenry discloses a nanocomposite ([0014]) comprising:
crystalline grains embedded in an amorphous matrix, the crystalline grains being separated from one another by the amorphous matrix ([0017], [0035]); and
one or more barriers between the crystalline grains and the amorphous matrix, the one or more barriers being configured to inhibit growth of the crystalline grains during forming of the crystalline grains, a barrier of the one or more barriers preventing impingement of a crystalline grain of the crystalline grains with another crystalline grain of the crystalline grains in the amorphous matrix (T is Nb, a grain growth inhibitor element and the crystalline grains are embedded in an amorphous matrix [0015], [0017], [0035], [0038], [0042]),
wherein the crystalline grains have an average diameter of between 5-20 nanometers (less than or equal to 20 nm, [0017], [0036], [0050]), the average diameter of the crystalline grains being tuned based on a concentration of a metal or metalloid forming the one or more barriers (T is Nb, a grain growth inhibitor element [0015], [0038], [0042]);
wherein the crystalline grains, amorphous matrix, and the one or more barriers together comprise an alloy of (Fe-Ni)80(B-Si-Nb)20 ([0014]-[0016], [0038]-[0044]),
wherein the amorphous matrix comprises an increased resistivity relative to a resistivity of the crystalline grains (“N” elements B and Si enhance glass forming ability and increase resistivity, [0043]); and
wherein the amorphous matrix is configured to reduce losses of the crystalline grains caused by a change in a magnetic field applied to the crystalline grains relative to losses of the crystalline grains that occur without the amorphous matrix (“N” elements B and Si reduce core losses at high frequencies, [0043]).
McHenry discloses an alloy of (Fe-Ni)80(B-Si-Nb)20 ((Fe1-x-yCoxMy)100-a-b-cTaBbNc, where Ni replaces Co, T is Nb at 4-5 at%, B is 13-15 at%, and N is Si at 2-5 at% (i.e. a+b+c = 19 to 25 at%)) ([0014]-[0016], [0038]-[0044]). The alloy of McHenry is a soft magnetic amorphous alloy ([0035]) manufactured as an amorphous ribbon ([0019]) that is heat treated to produce the nanocomposite ([0017], [0050]).
In the case where the claimed ranges “overlap or lie inside ranges disclosed by the prior art” a prima facie case of obviousness exists. MPEP 2144.05(I).
Element
Claim 1 (at%)
McHenry (at%)
[0014]-[0016]
Shen (at%)
[0056]-[0063]
Fe-Ni
80
80 – 88
74 – 82
B-Si-Nb
20
19-25
13 – 29
McHenry is silent to the crystalline grains comprising an iron(Fe) – nickel (Ni) compound.
Shen discloses an FeNi-based amorphous soft magnetic alloy ([0002]) with a composition that overlaps with that claimed ([0056]-[0063], Tables 1-3) in which the presence of Nb promotes the formation of the complex phase FeNi23B6 (Fe-Ni compound) ([0062]).
It would have been obvious to one of ordinary skill in the art for the nanocomposite of McHenry to have an FeNi23B6 phase to advantageously inhibit movement of atoms, improving the stability of the supercooled liquid phase (Shen [0062]).
McHenry is silent to a difference between a primary crystallization temperature and a glass transition temperature of between 48 degrees Celsius and 183 degrees Celsius inclusive.
Shen discloses an FeNi-based amorphous soft magnetic alloy ([0002]) with a composition that overlaps with that claimed ([0056]-[0063]) with a difference between a primary crystallization temperature and a glass transition temperature (ΔTx) of between 48 degrees Celsius and 183 degrees Celsius inclusive (exceeds 45°C) ([0087]).
It would have been obvious to one of ordinary skill in the art for the nanocomposite of McHenry to have a difference between a primary crystallization temperature and a glass transition temperature (ΔTx) that exceeds 45°C so that the supercooled liquid phase region has high stability (Shen [0087]) preventing easy crystallization and deterioration of soft magnetic properties (Shen [0009]). In the case where the claimed ranges “overlap or lie inside ranges disclosed by the prior art” a prima facie case of obviousness exists. MPEP 2144.05(I).
Regarding claim 2, McHenry in view of Shen discloses the crystalline grains comprise a Fe-Ni base that is meta-stable, face-center, and cubic (FeNi23B6, Shen [0062]).
Regarding claim 3, McHenry in view of Shen discloses the Fe-Ni base comprises gamma-FeNi nanocrystals (FeNi23B6, Shen [0062]) (nanocrystals, McHenry [0017], [0050]).
In the event it is determined that the FeNi23B6 phase of McHenry in view of Shen does not read on the claimed gamma-FeNi nanocrystals, then the below rejection is applied.
The prior art discloses a composition (McHenry [0014]-[0016], [0038]-[0044]; Shen [0056]-[0063], Tables 1-3), structure (McHenry [0015], [0017], [0035], [0038], [0042], [0043]; Shen [0062]), and process of manufacturing (McHenry [0017]) that are substantially similar to that claimed (claims 1, 3) and that disclosed by applicant to manufacture the claimed invention (melt spinning and crystallizing, applicant’s specification [00077], [00081]). Therefore, it appears the structure of the prior art is substantially similar to the structure claimed, including the presence of gamma-FeNi nanocrystals.
Regarding claim 4, McHenry in view of Shen discloses the barrier of the one of more barriers comprises niobium (Nb) (T is Nb McHenry [0015], [0038], [0042]; Shen [0056]-[0063], Tables 1-3); and
wherein the amorphous matrix comprises boron (B) and silicon (Si) that together are configured to enable glass-forming ability of the amorphous matrix (“N” elements B and Si enhance the glass forming ability McHenry [0041], [0043]; Shen [0059]-[0060], Tables 1-3).
Regarding claim 5, McHenry in view of Shen disclose a nucleation agent (Cu) (Cu impedes crystalline particle growth, keeping crystalline particles fine McHenry [0015]-[0016], [0042]; Shen [0023]).
The nucleation agent in the nanocomposite being configured to increase nucleation of the crystalline grains during a forming process relative to the nucleation of the crystalline grains during a forming process without the nucleation agent, and wherein the crystalline grains are reduced by more than 10% as a result of the increased nucleation has been considered and determined to recite properties of the claimed nanocomposite. The prior art discloses a composition (McHenry [0014]-[0016], [0038]-[0044]; Shen [0056]-[0063], Tables 1-3), structure (McHenry [0015], [0017], [0035], [0038], [0042], [0043]; Shen [0062]), and process of manufacturing (McHenry [0017]) that are substantially similar to that claimed (claims 1, 3) and that disclosed by applicant to manufacture the claimed invention (melt spinning and crystallizing, applicant’s specification [00077], [00081]). Therefore, the properties of the prior art are substantially similar to the properties claimed, including the nucleation agent in the nanocomposite being configured to increase nucleation of the crystalline grains during a forming process relative to the nucleation of the crystalline grains during a forming process without the nucleation agent, and wherein the crystalline grains are reduced by more than 10% as a result of the increased nucleation.
Regarding claim 6, McHenry discloses a crystalline grain comprises an average diameter between 10-15 nm (less than or equal to 20 nm) ([0017], [0036], [0042], [0050]). In the case where the claimed ranges “overlap or lie inside ranges disclosed by the prior art” a prima facie case of obviousness exists. MPEP 2144.05(I).
Regarding claim 7, McHenry in view of Shen discloses the nanocomposite forms a ribbon that is between 15-30 um thick (about 15 to about 25 um, McHenry [0059], [0063], [0067], claim 66; 20-40 um, Shen [0067]). In the case where the claimed ranges “overlap or lie inside ranges disclosed by the prior art” a prima facie case of obviousness exists. MPEP 2144.05(I).
Regarding claim 8, McHenry discloses the nanocomposite comprises a magnetic anisotropy (Ni induces magnetic anisotropy and field heat treating forms anisotropic alloy, McHenry [0040], [0056]; Shen [0058]) that is longitudinal along a long axis of the ribbon (heating with applied magnetic field in the longitudinal direction, McHenry [0021], [0052]-[0054]).
Regarding claim 12, McHenry in view of Shen discloses a resistivity (“N” elements B and Si promote glass forming ability and have high resistivity and Si remains in the amorphous phase, McHenry [0017], [0043]; Shen [0008]).
The resistivity of the crystalline grains being approximately 100 uOhm-cm and the resistivity of the amorphous matrix being approximately 150 uOhm-cm have been considered and determined to recite properties of the claimed nanocomposite. The prior art discloses a composition (McHenry [0014]-[0016], [0038]-[0044]; Shen [0056]-[0063], Tables 1-3), structure (McHenry [0015], [0017], [0035], [0038], [0042], [0043]; Shen [0062]), and process of manufacturing (McHenry [0017]) that are substantially similar to that claimed (claims 1, 3) and that disclosed by applicant to manufacture the claimed invention (melt spinning and crystallizing, applicant’s specification [00077], [00081]). Therefore, the properties of the prior art are substantially similar to the properties claimed, including the resistivity of the crystalline grains being approximately 100 uOhm-cm and the resistivity of the amorphous matrix being approximately 150 uOhm-cm.
Regarding claim 13, McHenry discloses the amorphous matrix is annealed ([0017], [0035], [0061]).
The annealing causing the nanocomposite to have a superelastic response that occurs in response to a tension applied to the nanocomposite has been considered and determined to recite a property of the claimed nanocomposite. The prior art discloses a composition (McHenry [0014]-[0016], [0038]-[0044]; Shen [0056]-[0063], Tables 1-3), structure (McHenry [0015], [0017], [0035], [0038], [0042], [0043]; Shen [0062]), and process of manufacturing (McHenry [0017]) that are substantially similar to that claimed (claims 1, 3) and that disclosed by applicant to manufacture the claimed invention (applicant’s specification [00077], [00081]). Therefore, it appears the properties of the prior art are substantially similar to the properties claimed, including the annealing causing the nanocomposite to have a superelastic response that occurs in response to a tension applied to the nanocomposite.
Regarding claim 14, McHenry in view of Shen discloses tuning the magnetic permeability (linear magnetic permeability at a high drive field, McHenry [0035]) and heat treating (McHenry [0017], [0050]) to form crystalline grains in the amorphous matrix and the one or more barriers (McHenry [0015], [0017], [0035], [0038], [0042]) comprise a strain-annealed structure that is tuned to a relative magnetic permeability above 10,000 (above 15,000, Shen [0027], [0087], [0103]). In the case where the claimed ranges “overlap or lie inside ranges disclosed by the prior art” a prima facie case of obviousness exists. MPEP 2144.05(I).
Regarding claim 15, McHenry in view of Shen discloses FeNi alloys have good frequency characteristics (Shen [0004], [0008]).
The change in a magnetic field applied to the crystalline grains occurring at a frequency between 400 Hz and 5 kHz has been considered and determined to recite a property of the claimed nanocomposite. The prior art discloses a composition (McHenry [0014]-[0016], [0038]-[0044]; Shen Table 3 Alloy 3-3), structure (McHenry [0015], [0017], [0035], [0038], [0042], [0043]; Shen [0062]), and process of manufacturing (McHenry [0017]) that are substantially similar to that claimed (claims 1, 3) and that disclosed by applicant to manufacture the claimed invention (melt-spinning and crystallizing, applicant’s specification [00077], [00081]). Therefore, it appears the properties of the prior art are substantially similar to the properties claimed, including the change in a magnetic field applied to the crystalline grains occurring at a frequency between 400 Hz and 5 kHz.
Regarding claim 16, McHenry in view of Shen discloses the losses comprise eddy current losses (“N” elements B and Si limit eddy current in the alloy, McHenry [0043]; small eddy current and low iron loss for Fe-Ni amorphous soft magnetic alloy, Shen [0008]).
Regarding claim 23, McHenry in view of Shen discloses the silicon (Si) has an atomic% of between 5 and 15 atomic% (Si up to 5 atomic% is a glass forming element, McHenry [0016], [0043]). In the case where the claimed ranges “overlap or lie inside ranges disclosed by the prior art” a prima facie case of obviousness exists. MPEP 2144.05(I).
Regarding claim 24, McHenry in view of Shen discloses a magnetostriction coefficient value is tuned below a threshold value (low magnetostriction coefficient, less than 20 ppm, McHenry [0040], [0056]; Ni significantly reduces the magnetostriction coefficient, Shen [0058]).
Regarding claim 25, McHenry in view of Shen discloses the crystalline grains, amorphous matrix, and the one or more barriers together (McHenry [0017], [0035]) having a difference between the primary crystallization temperature and the glass transition temperature (ΔTx) of between 62 degrees Celsius and 183 degrees Celsius inclusive (exceeds 45°C) ([0087], Tables 1-3). In the case where the claimed ranges “overlap or lie inside ranges disclosed by the prior art” a prima facie case of obviousness exists. MPEP 2144.05(I).
Claim 14 is rejected under 35 U.S.C. 103 as being unpatentable over McHenry (US 2010/0265028) in view of Shen (CN 102867608 machine translation) as applied to claim 1 above, and further in view of Leary (US 2014/0338793).
In the event it is determined that the magnetic permeability of McHenry in view of Shen does not read on that claimed, then the below rejection is applied.
Regarding claim 14, McHenry is silent to strain-annealing.
Leary discloses a nanocomposite alloy that includes Fe, Ni, B, Si, and Nb that has been strain annealed ([0106]).
It would have been obvious to one of ordinary skill in the art to strain anneal the alloy of McHenry in view of Shen to form the nanocomposite because it induces anisotropies that are stable to much higher temperature (Leary [0010]), the anisotropies are higher (Leary [0035]), and the alloys have improved mechanical properties, particularly strain to fracture (Leary [0037]).
The crystalline grains in the amorphous matrix and the one or more barriers comprising a strain-annealed structure that is tuned to a relative magnetic permeability above 10,000 has been considered and determined to recite a property of the claimed nanocomposite. The prior art discloses a composition (McHenry [0014]-[0016], [0038]-[0044]; Shen Table 3 Alloy 3-3), structure (McHenry [0015], [0017], [0035], [0038], [0042], [0043]; Shen [0062]), and process of manufacturing (melt-spinning, crystallizing, and strain-annealing, McHenry [0017]; Leary [0016]) that are substantially similar to that claimed (claims 1, 3) and that disclosed by applicant to manufacture the claimed invention (applicant’s specification [00077], [00081]). Therefore, it appears the properties of the prior art are substantially similar to the properties claimed, including the crystalline grains in the amorphous matrix and the one or more barriers comprising a strain-annealed structure that is tuned to a relative magnetic permeability above 10,000.
Claims 1-8, 12, 13, 15, 16, and 22-26 are rejected under 35 U.S.C. 103 as being unpatentable over McHenry (US 2010/0265028) in view of Dusan (WO 2014/182258).
Regarding claim 1, McHenry discloses a nanocomposite ([0014]) comprising:
crystalline grains embedded in an amorphous matrix, the crystalline grains being separated from one another by the amorphous matrix ([0017], [0035]); and
one or more barriers between the crystalline grains and the amorphous matrix, the one or more barriers being configured to inhibit growth of the crystalline grains during forming of the crystalline grains, a barrier of the one or more barriers preventing impingement of a crystalline grain of the crystalline grains with another crystalline grain of the crystalline grains in the amorphous matrix (T is Nb, a grain growth inhibitor element and the crystalline grains are embedded in an amorphous matrix [0015], [0017], [0035], [0038], [0042]),
wherein the crystalline grains have an average diameter of between 5-20 nanometers (less than or equal to 20 nm, [0017], [0036], [0050]), the average diameter of the crystalline grains being tuned based on a concentration of a metal or metalloid forming the one or more barriers (T is Nb, a grain growth inhibitor element [0015], [0038], [0042]);
wherein the crystalline grains, amorphous matrix, and the one or more barriers together comprise an alloy of (Fe70Ni30)80(B-Si-Nb)20 ([0014]-[0016], [0038]-[0044]),
wherein the amorphous matrix comprises an increased resistivity relative to a resistivity of the crystalline grains (“N” elements B and Si enhance glass forming ability and increase resistivity, [0043]); and
wherein the amorphous matrix is configured to reduce losses of the crystalline grains caused by a change in a magnetic field applied to the crystalline grains relative to losses of the crystalline grains that occur without the amorphous matrix (“N” elements B and Si reduce core losses at high frequencies, [0043]).
McHenry discloses an alloy of (Fe-Ni)80(B-Si-Nb)20 ((Fe1-x-yCoxMy)100-a-b-cTaBbNc, where Ni replaces Co, T is Nb at 4-5 at%, B is 13-15 at%, and N is Si at 2-5 at% (i.e. a+b+c = 19 to 25 at%)) ([0014]-[0016], [0038]-[0044]). The alloy of McHenry is a soft magnetic amorphous alloy ([0035]) manufactured as an amorphous ribbon ([0019]) that is heat treated to produce the nanocomposite ([0017], [0050]).
In the case where the claimed ranges “overlap or lie inside ranges disclosed by the prior art” a prima facie case of obviousness exists. MPEP 2144.05(I).
Element
Claim 1 (at%)
McHenry (at%)
[0014]-[0016]
Dusan p. 3 para. 6
Fe-Ni
80
80 – 88
63 – 83
B-Si-Nb
20
19-25
17 – 37
McHenry is silent to a difference between a primary crystallization temperature and a glass transition temperature of at least 48 degrees Celsius.
Dusan discloses a quinary metallic glass with a composition that overlaps with that claimed ((FexNiy)93-zNb7Bz-1Cu1, where y/x is 1/2 and z = 10-30) (p. 3 paras. 5-6) with a difference between a primary crystallization temperature and a glass transition temperature of between 48 degrees Celsius and 183 degrees Celsius inclusive (larger than 30 Kelvin (°C)) (p. 5 para. 4) that is in a partially crystallized state (Dusan p. 4 para. 6).
It would have been obvious to one of ordinary skill in the art for the nanocomposite of McHenry to form a metallic glass that does not show fragility high enough to prevent insertion into the molding opening of a metallic glass strip production device (Dusan p. 5 para. 2) and when the glass transition temperature lies below the crystallization temperature in a range that is larger than 30 Kelvin (°C) then it is possible to shape in the range of temperatures between the glass transition temperature and crystallization temperature, where the metallic glass shows plastic deformation under mechanical stress (Dusan p. 5 para. 4). In the case where the claimed ranges “overlap or lie inside ranges disclosed by the prior art” a prima facie case of obviousness exists. MPEP 2144.05(I).
The crystalline grains comprising an iron(Fe) – nickel (Ni) compound has been considered and determined to recite a structure that results from the claimed composition being manufactured by applicant’s disclosed process. The prior art discloses the claimed composition (McHenry [0014]-[0016], [0038]-[0044]; Dusan p. 3 paras. 5-6, p. 5 para. 4), structure (McHenry [0015], [0017], [0035], [0038], [0042]; Dusan p. 4 para. 6), and a process (melt-spinning and crystallizing) that is substantially similar to applicant’s (melt-spinning and crystallizing, McHenry [0017]; applicant’s specification [00077], [00081]). Therefore, it appears the structure of the prior art is substantially similar to that claimed, including the crystalline grains comprising an iron(Fe)-nickel(Ni) compound.
Regarding claims 2 and 3, the crystalline grains comprising a Fe-Ni base that is meta-stable, face-center, and cubic (claim 2) and gamma-FeNi nanocrystals (claim 3) have been considered and determined to recite a structure that results from the claimed composition being manufactured by applicant’s disclosed process. The prior art discloses the claimed composition (McHenry [0014]-[0016], [0038]-[0044]; Dusan p. 3 paras. 5-6, p. 5 para. 4), structure (McHenry [0015], [0017], [0035], [0038], [0042]; Dusan p. 4 para. 6), and a process (melt-spinning and crystallizing) that is substantially similar to applicant’s (McHenry [0017]; applicant’s specification [00077], [00081]). Therefore, it appears the structure of the prior art is substantially similar to that claimed, including the crystalline grains comprising a Fe-Ni base that is meta-stable, face-center, and cubic (claim 2) and gamma-FeNi nanocrystals (claim 3).
Regarding claim 4, McHenry in view of Dusan discloses the barrier of the one of more barriers comprises niobium (Nb) (T is Nb McHenry [0015], [0038], [0042]; Dusan p. 3 paras. 5-6, 9-10); and
wherein the amorphous matrix comprises boron (B) and silicon (Si) that together are configured to enable glass-forming ability of the amorphous matrix (“N” elements B and Si enhance the glass forming ability McHenry [0041], [0043]; Dusan p. 3 paras. 5-6).
Regarding claim 5, McHenry in view of Dusan discloses a nucleation agent (Cu) (Cu impedes crystalline particle growth, keeping crystalline particles fine McHenry [0015]-[0016], [0042]; Dusan p. 3 paras. 5)
The nucleation agent in the nanocomposite being configured to increase nucleation of the crystalline grains during a forming process relative to the nucleation of the crystalline grains during a forming process without the nucleation agent, and wherein the crystalline grains are reduced by more than 10% as a result of the increased nucleation have been considered and determined to recite properties of the claimed nanocomposite. The prior art discloses the claimed composition (McHenry [0014]-[0016], [0038]-[0044]; Dusan p. 3 paras. 5-6, p. 5 para. 4), structure (McHenry [0015], [0017], [0035], [0038], [0042]; Dusan p. 4 para. 6), and a process (melt-spinning and crystallizing) that is substantially similar to applicant’s (McHenry [0017]; applicant’s specification [00077], [00081]). Therefore, it appears the properties of the prior art are substantially similar to that claimed, including the nucleation agent in the nanocomposite being configured to increase nucleation of the crystalline grains during a forming process relative to the nucleation of the crystalline grains during a forming process without the nucleation agent, and wherein the crystalline grains are reduced by more than 10% as a result of the increased nucleation.
Regarding claim 6, McHenry discloses a crystalline grain comprises an average diameter between 10-15 nm (less than or equal to 20 nm) (McHenry [0017], [0036], [0042], [0050]). In the case where the claimed ranges “overlap or lie inside ranges disclosed by the prior art” a prima facie case of obviousness exists. MPEP 2144.05(I).
Regarding claim 7, McHenry discloses the nanocomposite forms a ribbon that is between 15-30 um thick (about 15 to about 25 microns, McHenry [0059], [0063], [0067], claim 66; 15-60 microns, Dusan p. 6 Exs. 1-5). In the case where the claimed ranges “overlap or lie inside ranges disclosed by the prior art” a prima facie case of obviousness exists. MPEP 2144.05(I).
Regarding claim 8, McHenry discloses the nanocomposite comprises a magnetic anisotropy (Ni induces magnetic anisotropy and field heat treating forms anisotropic alloy, McHenry [0040], [0056]) that is longitudinal along a long axis of the ribbon (heating with applied magnetic field in the longitudinal direction, McHenry [0021], [0052]-[0054]).
Regarding claim 12, McHenry discloses a resistivity (“N” elements B and Si promote glass forming ability and have high resistivity) ([0043]).
The resistivity of the crystalline grains being approximately 100 uOhm-cm and the resistivity of the amorphous matrix being approximately 150 uOhm-cm have been considered and determined to recite properties of the claimed nanocomposite. The prior art discloses the claimed composition (McHenry [0014]-[0016], [0038]-[0044]; Dusan p. 3 paras. 5-6, p. 5 para. 4), structure (McHenry [0015], [0017], [0035], [0038], [0042]; Dusan p. 4 para. 6), and a process (melt-spinning and crystallizing) that is substantially similar to applicant’s (McHenry [0017]; applicant’s specification [00077], [00081]). Therefore, it appears the properties of the prior art are substantially similar to that claimed, including the resistivity of the crystalline grains being approximately 100 uOhm-cm and the resistivity of the amorphous matrix being approximately 150 uOhm-cm.
Regarding claim 13, McHenry discloses the amorphous matrix is annealed ([0035], [0061]).
The annealing causing the nanocomposite to have a superelastic response that occurs in response to a tension applied to the nanocomposite has been considered and determined to recite properties of the claimed nanocomposite. The prior art discloses the claimed composition (McHenry [0014]-[0016], [0038]-[0044]; Dusan p. 3 paras. 5-6, p. 5 para. 4), structure (McHenry [0015], [0017], [0035], [0038], [0042]; Dusan p. 4 para. 6), and a process (melt-spinning and crystallizing) that is substantially similar to applicant’s (McHenry [0017]; applicant’s specification [00077], [00081]). Therefore, it appears the properties of the prior art are substantially similar to that claimed, including the annealing causing the nanocomposite to have a superelastic response that occurs in response to a tension applied to the nanocomposite.
Regarding claim 15, the change in a magnetic field applied to the crystalline grains occurring at a frequency between 400 Hz and 5 kHz has been considered and determined to recite a property of the claimed nanocomposite. The prior art discloses the claimed composition (McHenry [0014]-[0016], [0038]-[0044]; Dusan p. 3 paras. 5-6, p. 5 para. 4), structure (McHenry [0015], [0017], [0035], [0038], [0042]; Dusan p. 4 para. 6), and a process (melt-spinning and crystallizing) that is substantially similar to applicant’s (McHenry [0017]; applicant’s specification [00077], [00081]). Therefore, it appears the properties of the prior art are substantially similar to that claimed, including the change in a magnetic field applied to the crystalline grains occurring at a frequency between 400 Hz and 5 kHz.
Regarding claim 16, McHenry discloses the losses comprise eddy current losses (“N” elements B and Si limit eddy current in the alloy, [0043]).
Regarding claim 22, the glass transition temperature being between 294 degrees Celsius and 422 degrees Celsius has been considered and determined to recite a property of the claimed nanocomposite. The prior art discloses the claimed composition (McHenry [0014]-[0016], [0038]-[0044]; Dusan p. 3 paras. 5-6, p. 5 para. 4), structure (McHenry [0015], [0017], [0035], [0038], [0042]; Dusan p. 4 para. 6), and a process (melt-spinning and crystallizing) that is substantially similar to applicant’s (McHenry [0017]; applicant’s specification [00077], [00081]). Therefore, it appears the properties of the prior art are substantially similar to that claimed, including the glass transition temperature being between 294 degrees Celsius and 422 degrees Celsius.
Regarding claim 23, McHenry discloses the silicon (Si) has an atomic% of between 5 and 15 atomic% (Si up to 5 atomic%, McHenry [0016]). In the case where the claimed ranges “overlap or lie inside ranges disclosed by the prior art” a prima facie case of obviousness exists. MPEP 2144.05(I).
Regarding claim 24, McHenry discloses a magnetostriction coefficient value is tuned to below a threshold value (low magnetostriction coefficient, less than 20 ppm, [0040], [0056]). In the case where the claimed ranges “overlap or lie inside ranges disclosed by the prior art” a prima facie case of obviousness exists. MPEP 2144.05(I).
Regarding claim 25, McHenry in view of Dusan discloses crystalline grains, amorphous matrix, and the one or more barriers together (McHenry [0017], [0035]) having a difference between a primary crystallization temperature and a glass transition temperature of larger than 30 Kelvin (°C) (Dusan p. 5 para. 4). In the case where the claimed ranges “overlap or lie inside ranges disclosed by the prior art” a prima facie case of obviousness exists. MPEP 2144.05(I).
Regarding claim 26, McHenry in view of Dusan discloses the alloy does not include phosphorus (McHenry [0014]-[0016], [0038]-[0044]; Dusan p. 3 paras. 5-6).
Claim 14 is are rejected under 35 U.S.C. 103 as being unpatentable over McHenry (US 2010/0265028) in view of Dusan (WO 2014/182258) as applied to claim 1 above, and further in view of Leary (US 2014/0338793).
Regarding claim 14, McHenry is silent to strain-annealing.
Leary discloses a nanocomposite alloy that includes Fe, Ni, B, Si, and Nb that has been strain annealed ([0106]).
It would have been obvious to one of ordinary skill in the art to strain anneal the alloy of McHenry in view of Shen to form the nanocomposite because it induces anisotropies that are stable to much higher temperature (Leary [0010]), the anisotropies are higher (Leary [0035]), and the alloys have improved mechanical properties, particularly strain to fracture (Leary [0037]).
The crystalline grains in the amorphous matrix and the one or more barriers comprising a strain-annealed structure that is tuned to a relative magnetic permeability above 10,000 has been considered and determined to recite a property of the claimed nanocomposite. The prior art discloses the claimed composition (McHenry [0014]-[0016], [0038]-[0044]; Dusan p. 3 paras. 5-6, p. 5 para. 4), structure (McHenry [0015], [0017], [0035], [0038], [0042]; Dusan p. 4 para. 6), and a process (melt-spinning, crystallizing, and strain-annealing) that is substantially similar to applicant’s (McHenry [0017]; Leary [0016]; applicant’s specification [00077], [00081]). Therefore, it appears the properties of the prior art are substantially similar to the properties claimed, including the crystalline grains in the amorphous matrix and the one or more barriers comprising a strain-annealed structure that is tuned to a relative magnetic permeability above 10,000.
Related Art
Fukumura (JP 2002-226956 machine translation)
Fukumura discloses a soft magnetic alloy ([0001]) including Fe and B and Si to enhance the ability to form an amorphous state with a eutectic composition (selecting the composition, including x, to form a eutectic alloy) ([0043]) and a ΔTx=Tx-Tg of 20K or more ([0021]) so that the entire structure advantageously becomes an amorphous phase ([0043]) and the soft magnetic alloy sufficiently forms an amorphous phase during supercooling ([0027]).
Martis (WO 92/15998)
Martis discloses Fe-Ni based alloys containing nanocrystalline particles (1:5-13) dispersed throughout an amorphous metal matrix (4:14-26, 8:8-15) with an (Fe1-xNix)aMb(B1-ySiy)c composition with a preferably between about 70 and about 87 at%, b most preferred at about 2.0 to about 4.0 at%, and C preferably between about 13 to about 30 at%, where M is Nb (6:15 to 8:3).
Svec (Svec et al. Interplanar spacings of complex Fe-Ni phases in rapidly quenched Fe-Ni-Nb-B systems. The 13th International Conference on Rapidly Quenched and Metastable Materials. Journal of Physics: Conference Series 144 (2009) 012092. IOP Publishing.)
Svec discloses an (FexNiy)81Nb7B12 alloy (2. Experimental) with nanocrystals of fcc-type in an amorphous matrix (Abstract, pp. 3-4, 4. Conclusions). Svec discloses DSC-curves with crystallization peaks (Fig. 3).
Wang (Wang et al. Effect of Ni addition on the glass-forming ability and soft-magnetic properties of FeNiBPNb metallic glasses. Chinses Science Bulletin. Special Issue Bulk Metallic Glasses. December 2011. Vol. 56. No. 36. 3932-3936.)
Wang discloses (Fe1-xNix)75.5B14.5P7Nb3 alloys (1. Experiment methods) that are amorphous alloys that crystallize with heating, where increasing Ni increases the supercooled liquid region (2. Results and discussion, Fig. 1, Table 1) (Abstract).
Mizushima (US 6,077,367)
Mizushima discloses a glassy alloy (1:7-11) having a supercooled liquid temperature width ΔTx of 35°C or more (1:65 to 2:7, 4:48-51) for excellent room temperature soft magnetic properties (3:62 to 4:7). Mizushima discloses a composition including 1 to 10 at% Al, 0.5 to 4 at% Ga, 9 to 15 at% P, 5 to 7 at% C, 2 to 10 at% B, 0 to 15 at% Si, not more than 7 at% Nb, and balance Fe (2:13-32, 4:8-47) having a glassy phase with precipitates (5:19-22).
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/STEPHANI HILL/Examiner, Art Unit 1735