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 Rejections - 35 USC § 103
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 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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 19-22 and 39 is/are rejected under 35 U.S.C. 103 as being unpatentable over CN110590372A(CN’372), in view of CN104988604B (CN’604).
Regarding claim 19, CN’372 discloses a transition metal carbonitride high-entropy ceramic and its preparation method and application. The transition metal carbonitride high-entropy ceramic is composed of a metal principal element and a non-metal principal element, and the metal principal element is composed of five kinds of Ti, V, Cr, Zr, Nb, Mo, Hf, Ta and W Or composed of five or more elements; the non-metallic principal element is composed of C and N. Figure 1 shows the ceramic is single crystal phase. The transition metal carbonitride high-entropy ceramic is made from a material and the material is uniform. Thus, the CN’372 discloses and/or implies the single crystal phase and the element are uniformly distributed at molecular level. See pages 1-5 Example 1 and 5 and Figure 1.
But it is silent that the high-entropy ceramic is in fiber shape.
CN’604 discloses a method of preparing ceramic fiber including raw material being prepared and configured to a spinning solution to obtain precursor fiber. The ceramic fiber has broad application prospects in the fields of textiles, electronics, coatings, heat storage and heat preservation, and aerospace. See abstract.
Thus, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to make the ceramic of CN ‘372 in fiber shape as disclosed in CN’604, motivated by the fact that CN’372 discloses that expanding the application range of ceramics is needed (page 1) and CN’604 discloses that the ceramic fiber has broad application prospects in the fields of textiles, electronics, coatings, heat storage and heat preservation, and aerospace (see abstract).
Regarding claims 20-22 and 39, CN’372 discloses that the chemical formula of the transition metal carbonitride high entropy ceramic is: (TiaVbCrcZrdNbeMofHfgTahWi) (CxNy), where a + b + c + d + e + f + g + h + i = 1, and There are at least 5 values> 0; x + y = 1, and both x and y are> 0. US’372 discloses mixing the oxide and carbon source corresponding to the metal element, Thus, the presentence of oxygen is expected in the ceramic. See pages 1 and 2. The reference differs from Applicant's recitations of claims by not disclosing identical ranges. However, the reference discloses "overlapping" ranges, and overlapping ranges have been held to establish prima facie obviousness (MPEP2144.05).
Response to Arguments
Applicant's arguments filed 11/25/2025 have been fully considered but they are not persuasive.
The applicant argues that CN '372 does not teach or suggest to one of ordinary skill in the art that such a precursor solution with the disclosed elemental composition can be used as spinning solution.
The Examiner respectfully submits that 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). CN’372 discloses that expanding the application range of ceramics is needed (page 1) and CN’604 discloses that the ceramic fiber has broad application prospects in the fields of textiles, electronics, coatings, heat storage and heat preservation, and aerospace (see abstract).CN’604 discloses using a spinning solution to make ceramic fiber.
Applicant argues that although CN '604 teaches a method for obtaining zirconium carbide fibers using a spinning solution containing both metallic and nonmetallic elements, the elemental composition of the CN '604 ceramic is inconsistent with that of both the present claims and CN '372.
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). CN’372 discloses a transition metal carbonitride high-entropy ceramic and its preparation method and application. The transition metal carbonitride high-entropy ceramic is composed of a metal principal element and a non-metal principal element, and the metal principal element is composed of five kinds of Ti, V, Cr, Zr, Nb, Mo, Hf, Ta and W Or composed of five or more elements.
Applicant argues that the oxides and carbon sources used in CN '372 for preparing high- entropy carbonitrides are inorganic compounds and do not possess spinnability, moreover, due to the high reactivity of transition metal salts with water, the precursor powders obtained by mixing of metal salts, carbon source, and water also lacks the necessary dissolution and/or melting characteristics and, therefore, does not possess the required spinnability.
The Examiner respectfully submits that CN’372 discloses that expanding the application range of ceramics is needed (page 1) and CN’604 discloses that the ceramic fiber has broad application prospects in the fields of textiles, electronics, coatings, heat storage and heat preservation, and aerospace (see abstract).CN’604 discloses using a spinning solution to make ceramic fiber.
The applicant argues the use of the claimed nanofiber being a catalyst and the catalyst had high catalytic selectivity.
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., catalyst and catalytic selectivity) 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).
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 SHUANGYI ABU ALI whose telephone number is (571)272-6453. The examiner can normally be reached Monday - Friday, 8:00 am- 5:00 pm.
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/SHUANGYI ABU ALI/Primary Examiner, Art Unit 1731