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 .
Response to Amendment
The Amendments filed 09/03/2025 responsive to the Office Action filed 06/04/2025 has been entered. Claims 1 and 3 have been amended. Claims 4-8 and 10-19 have maintained withdrawn. Claims 1 and 3-19 are pending in this application.
Response to Arguments
Applicant’s arguments, see Amendment, filed 09/03/2025 in pages 7-8, with respect to the rejection of claims 1 and 3 under 102(a)(1)/(a)(2) have been fully considered but are not persuasive.
Applicant argues that “The Examiner is of the opinion that Figure 6 and page 828 of Kumar teach increasing a temperature while applying an electric field to a ceramic compact. Figure 6 plots the calculated specimen temperature as a function of time. In Kumar, the current flowing through the specimen is increased at a constant rate. Therefore, even though the furnace temperature remains constant, the temperature of the specimen rises. The claimed invention (e.g., as defined by exemplary independent claim 1 and similarly independent claim 3) recites heating the ceramic compact at an increasing temperature; not at a constant temperature. Kumar teaches that after heating the samples (ceramic compacts) to 900°C, the current flowing to the samples was increased at a constant rate while keeping the temperature constant, i.e. without increasing the temperature (see Kumar at pate 823 "Abstract" and page 824, left column lines 6-10, "2 Methods").” (page 8)
Applicant’s arguments are found to be unpersuasive because:
Unlike the allegation by Applicant, there is no mention/supports for "keeping the temperature constant" in Kumar, but rather Kumar teaches that the temperature of the specimen continues to increase with the current (pg 826, left co. li 4-6) and Fig. 6 shows the change in temperature with time. With respect to Applicant’s allegation “In Kumar, the current flowing through the specimen is increased at a constant rate. Therefore, even though the furnace temperature remains constant, the temperature of the specimen rises.”, since the specification discloses “subjecting the ceramic compact to temperature increase by the heater” (Pa [0041]) and “increasing the temperature of the ceramic compact by the heater” (Pa [0050] and [0087]), the claimed limitation “heating a ceramic compact at an increasing temperature” has been interpreted as increasing the temperature of the ceramic compact by heating. Therefore, Kumar meets the claim.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1, 3 and 9 are rejected under 35 U.S.C. 102(a)(1)/(a)(2) as being anticipated by Kumar M K et al. (“Flash sintering with current rate: A different approach”, Journal of American Ceramic Society, 2019; 102; 823-835)
With respect to claim 1, Kumar M K teaches a manufacturing method of a sintered body of heating a ceramic compact at an increasing temperature while applying an electric field to the ceramic compact (“Dog-bone shaped specimens … were prepared from powders of 3 mol% yttria‐stabilized ZrO2”, “The electrical power to the specimen was applied”, pg 824 “2 Methods”, li 1-2 and 15), the manufacturing method comprising:
controlling a current flowing to the ceramic compact so that a sintering rate becomes constant (“The sintering behavior in current‐rate experiments…sintering occurs continuously as the current is increased”, pg 828 “5 Results: Sintering Behavior”, li 1 and 7-8; “The shrinkage strain data, shown in Figure 7, level out at a strain of−0.21.”, pg 829 “5 Results: Sintering Behavior”, li 5-7),
wherein in at least a predetermined period of time after the current flowing to the ceramic compact has achieved a predetermined current value (“flash can be induced by injecting current and increasing it at a constant rate”, pg 831 “7 Discussion”, 1-2), the current flowing to the ceramic compact is controlled by increasing the current flowing to the ceramic compact (“The sintering behavior in current‐rate experiments…sintering occurs continuously as the current is increased”, pg 828 “5 Results: Sintering Behavior”, li 1 and 7-8) so that a sintering rate becomes constant (“The elemental data where shrinkage is measured as a function of time is given in Figure 7. Full density is reached in all cases although the duration of the experiment”, pg 828 “5 Results: Sintering Behavior”, li 14-16; “The shrinkage strain data, shown in Figure 7, level out at a strain of−0.21.”, pg 829 “5 Results: Sintering Behavior”, li 5-7).
With respect to claim 9, Kumar M K as applied to claim 1 above teaches that raw powder of the ceramic compact includes zirconium oxide as a main component (“Dog-bone shaped specimens … were prepared from powders of 3 mol% yttria‐stabilized ZrO2”, pg 824 “2 Methods”, li 1-2).
With respect to claim 3, Kumar M K teaches a manufacturing method of a sintered body of heating a ceramic compact at an increasing temperature while applying an electric field to the ceramic compact (“Dog-bone shaped specimens … were prepared from powders of 3 mol% yttria‐stabilized ZrO2”, “The electrical power to the specimen was applied”, pg 824 “2 Methods”, li 1-2 and 15), the manufacturing method comprising:
controlling a current flowing to the ceramic compact by a current profile determined so as to manufacture a ceramic sintered body having a density larger than a predetermined value (“The sintering behavior in current‐rate experiments…sintering occurs continuously as the current is increased”, pg 828 “5 Results: Sintering Behavior”, li 1 and 7-8; “The elemental data where shrinkage is measured as a function of time is given in Figure 7. Full density is reached in all cases although the duration of the experiment”, pg 828 “5 Results: Sintering Behavior”, li 14-16; “The shrinkage strain data, shown in Figure 7, level out at a strain of−0.21.”, pg 829 “5 Results: Sintering Behavior”, li 5-7),
wherein in at least a predetermined period of time after the current flowing to the ceramic compact has achieved a predetermined current value (“flash can be induced by injecting current and increasing it at a constant rate”, pg 831 “7 Discussion”, 1-2), the current flowing to the ceramic compact is controlled by increasing the current flowing to the ceramic compact (“The sintering behavior in current‐rate experiments…sintering occurs continuously as the current is increased”, pg 828 “5 Results: Sintering Behavior”, li 1 and 7-8) so that a sintering rate becomes constant (“The elemental data where shrinkage is measured as a function of time is given in Figure 7. Full density is reached in all cases although the duration of the experiment”, pg 828 “5 Results: Sintering Behavior”, li 14-16; “The shrinkage strain data, shown in Figure 7, level out at a strain of−0.21.”, pg 829 “5 Results: Sintering Behavior”, li 5-7).
Conclusion
THIS ACTION IS MADE FINAL. 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 YUNJU KIM whose telephone number is (571)270-1146. The examiner can normally be reached on 8:00-4:00 EST M-Th; Flexing Fri.
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/YUNJU KIM/Primary Examiner, Art Unit 1742