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 .
Status of Application
Claims 1-10 are pending and presented for examination. Claim 10 was amended in the instant response dated 27 January 2026 which is acknowledged and entered. Claims 1-9 remain allowed.
Response to Arguments
Applicant’s remarks dated 27 January 2026 (hereinafter, “Remarks at __”) are acknowledged and entered.
The rejection of claim 10 under 35 U.S.C. 103 over Dukes is MAINTAINED and updated below to reflect the instant amendment.
The traversal is that claim 10 has been amended to recite the allowable subject matter of claim 1. While heating to above 1700 C for 8 minutes in an oxygen-free atmosphere is not present in the claims, this is firstly “by means” which implies an apparatus must be used to accomplish this and secondly the claim presents a product and there has been no evidence showing that this heating to 1700 C for at least 8 minutes in an oxygen-free atmosphere results in a differently claimed final product. Stated differently, Applicants have not shown that SiC having a purity of 99.9% with a grain size <100 microns and a proportional density of 20-50% does not exist in the prior art applied. A Declaration under 37 C.F.R. 1.132 would have been appropriate if filed with the instant response to determine any level of difference.
The rejection of claim 10 under 35 U.S.C. 102(a)(1) over Kim is WITHDRAWN over the instant amendment and lack of density disclosed in Kim.
Claim Objections
Claim 9 is objected to because of the following informalities: Subscripts are not present in the chemical formula, the formula can either be removed as they are unnecessary as the names are utilized or subscripts applied. Appropriate correction is required.
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over Dukes.
Regarding claim 10, Dukes discloses a silicon carbide product having a density of 1.5-2.8 g/cc (true density of SiC is 3.1 g/cc so this results in a proportional density of 48.3-90.3% (Dukes at [0022], which overlaps that of the starting material of 20-50% which is prima facie obvious, see MPEP 2144.05), a grain size of less than 100 microns (due to the particle size between 0.1 and 100 microns, [0021] so the grain size is less than 100 microns) and a purity of 99.999% [0182]). The claim further requires that the final product reaches its purity by by means of an oxygen-free atmosphere of >1700 C for at least 8 minutes. It is not seen exactly how this heating affects the final product in a material way outside of the final purity and to what effect the starting material properties do not carry over versus those of the final product, nor is it apparent how the purity of the starting SiC matters.
Claim Rejections - 35 USC § 102
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim 10 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by US PG Pub No. 20170204532 to Land.
Regarding claim 10, Land discloses SiC comprising a purity of at least 99.9% (Land at [0096]), a density of 0.5-1.5 g/cc (vs. 3.1 g/cc for the true density which is 16-48% proportional density, [[0115]) and a grain size of less than 100 microns ([0116]). The claim further requires that the final product reaches its purity by by means of an oxygen-free atmosphere of >1700 C for at least 8 minutes. It is not seen exactly how this heating affects the final product in a material way outside of the final purity and to what effect the starting material properties do not carry over versus those of the final product, nor is it apparent how the purity of the starting SiC matters and as such these are not being given any patentable weight.
Conclusion
Claim 10 is rejected, claim 9 is objected to, claims 1-8 are allowed.
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to RICHARD M RUMP whose telephone number is (571)270-5848. The examiner can normally be reached Monday-Thursday 06:45 AM to 04:45 PM.
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RICHARD M. RUMP
Primary Examiner
Art Unit 1759
/RICHARD M RUMP/Primary Examiner, Art Unit 1759