DETAILED ACTION
Claims 1-10 and 12-20 are pending and currently under review.
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 Interpretation
The term “main” is interpreted to merely refer to the composition recited in step (a) of claim 1 rather any particular amount or ratio.
Claim Objections
The phrase “the powder are mixed about 90-150 min” should be corrected to recite “ the powder is mixed for about 90 to 150 min”. Appropriate correction is required.
The examiner notes that the claim numbering omits claim number 11. Appropriate correction is required.
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 1-10 and 12-20 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. Specifically, independent claim 1 recites “(Pr2Nd8)x” as part of the main alloy composition, wherein x ranges from 28.5 to 31 weight percent. It is unclear to the examiner as to what amounts of Pr and Nd are required in the main alloy. The examiner notes that the aforementioned recitation allows for 248 weight percent Nd, for example, which is physically impossible. The examiner interprets the aforementioned composition to require (Pr0.2Nd0.8)x such that Pr and Nd are included in a total amount of x.
Claims 7-10 and 16 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. Specifically, claims 7-10 recite that “the mass percentage of the heavy rare earth is in the range of 0.05 to 1.0%”. However, the claim does not further specify what the percentage is in relation to. Therefore, it is unclear to the examiner as to what particular amount of heavy rare earth is required. For example, the percentage of heavy rare earth can be relative to the entire alloy powder of main alloy and auxiliary alloy, or only relative to the main alloy powder, or only relative to the auxiliary powder, or something else entirely. The examiner interprets the claims to be relative to the entire alloy powder of main alloy and auxiliary alloy.
Claims 7-10 and 16 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. Specifically, claims 7-10 recite the term “the powder are mixed…”, which is indefinite because there is insufficient antecedent basis for this limitation in the claim. It is unclear as to whether “the powder” refers to the alloy powder obtained by jet milling, or the heavy rare earth powder, or something else entirely. The examiner interprets the aforementioned limitation to be met by any instance of powder as claimed.
Allowable Subject Matter
Claim 1 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.
Claims 2-10 and 12-20 would be allowable if rewritten 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 and to include all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter:
Independent claim 1 is directed to a method of making a rare earth magnet by mixing main alloy composition flakes with auxiliary alloy composition flakes as claimed, mixing through hydrogen decrepitation, subsequent further mixing with a heavy rare earth powder consisting of Dy and/or Tb, followed by compaction and heating. There is no prior art of record that teaches or suggests the claimed features together.
The closest prior art of record is Sun (US 2015/0243416). Sun discloses a method of manufacturing rare earth magnets by mixing two different rare earth alloys (ie. main alloy and auxiliary alloy), followed by further mixing with a heavy rare earth compound [0009-0014]. However, the heavy rare earth compound is specifically an oxide, which does not meet the claimed limitation of a “heavy rare earth powder consisting of at least one of Dy and Tb”. Therefore, there is no prior art that teaches or suggests all of the claimed features.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NICHOLAS A WANG whose telephone number is (408)918-7576. The examiner can normally be reached usually M-Th: 7-5.
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/NICHOLAS A WANG/Primary Examiner, Art Unit 1734