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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 September 25, 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
Receipt is acknowledged of a certified copy of JP 2019-203966 filed November 11, 2019 as required by 37 CFR 1.55. Receipt is also acknowledged of WO 2021/095630, the WIPO publication of PCT/JP2020/041339 filed November 5, 2020.
Claim Status
This Office Action is in response to Applicant’s Arguments and Claim Amendments filed September 25, 2025.
Claims Filing Date
September 25, 2025
Amended
1, 3, 5
Cancelled
2, 4
Pending
1, 3, 5
Withdrawn Claim Rejections - 35 USC § 112
The following 112(b) rejection is withdrawn due to claim amendment:
Claim 3 lines 1-3 “the optional elements include Co and Al, and the R-Fe-B-type sintered magnet further includes at least one of from 0.1 to 3.5 at% of Co and more than 0 at% and up to 1.0 at% of Al”.
Response to Remarks filed September 25, 2025
Mikamoto
Applicant’s claim amendments, see amended claim 1 lines 5-8, filed September 25, 2025, with respect to Mikamoto have been fully considered and are persuasive. The rejection of Mikamoto has been withdrawn.
Amended claim 1 requires Zr and relationship (1) between B, C, Zr, and O. Mikamoto is silent to Zr.
Fujiwara
Applicant's arguments filed September 25, 2025 with respect to Fujiwara have been fully considered but they are not persuasive.
The applicant argues the relationship formula (1) in claim 1 cannot be disclosed by ranges, but requires specific examples (Remarks para. spanning pp. 3-4) and Fujiwara does not disclose any examples that satisfy relationship formula (1) and the elemental composition of claim 1 (Remarks p. 4 para. 2).
Disclosed examples and preferred embodiments do not constitute a teaching away from a broader disclosure or nonpreferred embodiments. MPEP 2123(II). Fujiwara discloses B, C, Zr, and O contents that overlap with the claimed values and, when the values are used in relationship (1), also result in an overlap. Therefore, a prima facie case of obviousness exists. MPEP 2144.05(I).
Further, Fujiwara’s Table 1 Example A1 as presented in the following table is close to the claimed R content and satisfies all the remaining elements except for the Cu content of amended claim 1. Fujiwara also discloses Cu of 0.01 to 1.5 mass% advantageously makes it easier to maintain good HcJ ([0024]). Varying the Cu within this disclosed range for Fujiwara’s Example A1 renders obvious claim 1, supporting the prima facie case of obviousness. MPEP 2144.05(I).
Element
Claims 1, 3, 5
Fujiwara Table 1
Ex. A1
Fujiwara Table 1
Ex A1- Cu modified
R with Nd essential
12.5 to 14.5 at%
14.6 at%
Nd: 10.9 at% (24 wt%)
Pr: 3.7 at% (8 wt%)
14.6 at%
Nd: 10.9 at% (24 wt%)
Pr: 3.7 at% (8 wt%)
B
5.0 to 5.9 at%
5.6 at%
(0.92 wt%)
5.6 at%
(0.92 wt%)
Zr
0.02 to 0.5 at%
0.14 at%
(0.19 wt%)
0.14 at%
(0.19 wt%)
C
0.1 to 1.6 at%
0.66 at%
(0.12 wt%)
0.66 at%
(0.12 wt%)
O
0.1 to 0.8 at%
0.33 at%
(0.08 wt%)
0.33 at%
(0.08 wt%)
Cu
0.2 to 0.5 at%
0.10 at%
(0.10 wt%)
0.01 to 1.6 at%
(0.01 to 1.5 wt%)
Fe
Balance
Balance
Balance
0.86*([B]+[C]-2*[Zr])-4.9
< [O] <
0.86*([B]+[C]-2*[Zr])-4.6
-
0.23 to 0.53 at%
0.23 to 0.53 at%
Co
to 3.5 at%
0.57 at%
(0.51 wt%)
0.57 at%
(0.51 wt%)
Al
>0 to 1.0 at%
0.44 at%
(0.18 wt%)
0.44 at%
(0.18 wt%)
Ga
>0 to 0.1 at%
0.14 at%
(0.15 wt%)
0.14 at%
(0.15 wt%)
The applicant argues applicant’s Fig. 1 indicates that relationship expression (1) is required to satisfy high Br and high Hcj (Remarks p. 4 para. 3) and the X element being Zr as supported by applicant’s examples and Br and Hcj are stated in Tables 1 and 2, has criticality of relationship (1) (applicant’s specification [0046]) (Remarks p. 5 para. 2).
To establish unexpected results over a claimed range, applicants should compare a sufficient number of tests both inside and outside the claimed range to show the criticality of the claimed range. MPEP 716.02(d)(II).
Fig. 1 presents the relationship between [B]+[C]-2*[Zr] (x-axis) and [O] (y-axis) (applicant’s specification [0014]). How does Fig. 1 indicate that relationship expression (1) is required to satisfy high Br and high Hcj when Br and Hcj are not presented in Fig. 1?
The Zr content of applicant’s Tables 1 and 2 is 0.07 at% for the inventive examples. This does not provide sufficient evidence to establish unexpected results for the claimed Zr range of 0.02 to 0.5 at%. Further, in applicant’s Tables 1 and 2 the inventive examples have [O] that fall within the middle of the range of relationship (1), but do not have examples that span the range, such as near the endpoints of the range. The comparative examples are one or two data points either below or above the range. The data is insufficient to establish the alleged unexpected results.
For the above cited reasons the rejection of Fujiwara is maintained.
Double Patenting
The applicant argues a double patenting rejection regarding copending Application No. 17/772.332 was filed July 29, 2025 (Remarks p. 5 para. 5).
The provisional nonstatutory double patenting rejection of claims 1 and 3-5 over claims 1, 2, and 4-7 of copending Application No. 17/772,332 was withdrawn in the 08/13/2025 Advisory Action (p. 4) due to approval on 8/6/2025 of the terminal disclaimer filed 7/29/2025.
Claim Rejections - 35 USC § 102
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 and 3 are rejected under 35 U.S.C. 102(a)(1) and under 35 U.S.C. 102(a)(2) as being anticipated by Yamamoto (US 2002/0007875).
Regarding claims 1 and 3, Yamamoto discloses an R-Fe-B-type sintered magnet having a composition that falls within the scope of that claimed, where one of from 0.1 to 3.5 at% Co (claim 3) is included ([0059]).
Element
Claims 1 and 3
Yamamoto Ex. 1 [0059]
R: Nd essential
12.5 to 14.5 at%
(27.9 to 32.2 wt%)
R: 13.4 at%
Nd: 12.1 at% (27 wt%)
Pr: 0.9 at% (2 wt%)
Dy: 0.4 at% (1 wt%)
B
5.0 to 5.9 at%
(0.84 to 1 wt%)
5.9 at%
(1 wt%)
Zr
0.02 to 0.5 at%
0.1 at%
(0.2 wt%)
C
to 1.6 at%
(0.02 to 0.30 wt%)
0.2 at%
(0.031 wt%)
O
0.1 to 0.8 at%
(0.02 to 0.20 wt%)
0.42 at%
(0.105 wt%)
Cu
0.2 to 0.5 at%
(0.2 to 0.5 wt%)
0.2 at%
(0.2 wt%)
Fe
Balance
Balance
Relationship 1
0.86*([B]+[C]-2[X])-4.9 < [O] <
0.86*([B]+[C]-2[X])-4.6
0.14 to 0.44 at%
Co
0.1 to 3.5 at%
(0 to 3.2 wt%)
3.3 at%
(3 wt%)
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.
Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Yamamoto (US 2002/0007875) as applied to claim 1 above.
Regarding claim 5, Example 1 of Yamamoto is silent to more than 0 at% and up to 0.1 at% Ga.
Yamamoto discloses up to 0.2 wt% (0.2 at%) Ga ([0053]).
It would have been obvious to one of ordinary skill in the art in Example 1 of Yamamoto to include up to 0.2 at% (0.2 wt%) Ga to not compromise the effects of the invention ([0053]). 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).
Claims 1, 3, and 5 are rejected under 35 U.S.C. 103 as being unpatentable over Fujiwara (JP 2014-027268 machine translation).
Regarding claims 1 3, and 5, Fujiwara discloses an R-Fe-B-type sintered magnet ([0001]) with a composition ([0008]-[0009], [0013]-[0032]) that overlaps with that claimed. 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).
Further, in Fujiwara Example A1 in Table 1 has an R content that is close to that claimed and all except the Cu content fall within the claimed range, including B, C, Zr, and O satisfying claimed relationship (1).
Fujiwara discloses Cu of 0.01 to 1.5 mass% ([0024]).
It would have been obvious to one of ordinary skill in the art in Example A1 of Fujiwara to vary the Cu between 0.01 to 1.5 mass% to maintain good HcJ ([0024]). Varying the Cu within this range for Fujiwara’s Example A1 renders obvious claim 1, supporting the prima facie case of obviousness. MPEP 2144.05(I).
Element
Claims 1, 3, 5
Fujiwara A1
Fujiwara Table 1
Ex A1- Cu modified
Fujiwara Disclosure
Fujiwara Citation
R: Nd essential
12.5 to 14.5 at%
(27.9 to 32.2 wt%)
R: 14.6 at%
Nd: 10.9 at%
(24 wt%)
Pr: 3.7 at%
(8 wt%)
14.6 at%
Nd: 10.9 at%
(24 wt%)
Pr: 3.7 at%
(8 wt%)
13.3 to 14.8 at%
(29.5 to 33.0 mass%)
[0018]
B
5.0 to 5.9 at%
(0.84 to 1 wt%)
5.6 at%
(0.92 wt%)
5.6 at%
(0.92 wt%)
4.2 to 2.7 at%
(0.7 to 0.95 mass%)
[0022]
Zr
0.02 to 0.5 at%
0.14 at%
(0.19 wt%)
0.14 at%
(0.19 wt%)
Zr: 0.02 to 0.2 at%
(Zr: 0.03 to 0.25 mass%)
[0029]
C
to 1.6 at%
(0.02 to 0.30 wt%)
0.66 at%
(0.12 wt%)
0.66 at%
(0.12 wt%)
0.3 to 1.6 at%
(0.05 to 0.3 mass%)
[0027]
O
0.1 to 0.8 at%
(0.02 to 0.20 wt%)
0.33 at%
(0.08 wt%)
0.33 at%
(0.08 wt%)
0.1 to 1.6 at%
(0.03 to 0.4 mass%)
[0028]
Cu
0.2 to 0.5 at%
(0.2 to 0.5 wt%)
0.1 at%
(0.1 wt%)
0.01 to 1.6 at%
(0.01 to 1.5 wt%)
0.01 to 1.5 at%
(0.01 to 1.5 mass%)
[0023]
Fe
Balance
Balance
Balance
Balance
[0008]
Relation. 1
0.86*([B]+[C]-2[X])-4.9
< [O] <
0.86*([B]+[C]-2[X])-4.6
0.23 to 0.53 at%
0.23 to 0.53 at%
0 to 1.4 at%
-
Co
0.1 to 3.5 at%
(0 to 3.2 wt%)
0.6 at%
(0.51 wt%)
0.57 at%
(0.51 wt%)
More than 0 to 3.3 at%
(more than 0 to 3.0 mass%)
[0025]
Al
More than 0 to 1.0 at%
(more than 0 to 0.4 wt%)
0.4 at%
(0.18 wt%)
0.44 at%
(0.18 wt%)
0.07 to 1.4 at%
(0.03 to 0.6 mass%)
[0023]
Ga
More than 0 to 0.1 at%
(more than 0 to 0.1 wt%)
0.1 at%
(0.15 wt%)
0.14 at%
(0.15 wt%)
0.09 to 0.9 at%
(0.1 to 1.0 mass%)
[0026]
N
-
0.3 at%
(0.06 wt%)
0.3 at%
(0.06 wt%)
0 to 0.7 at%
(0.15 or less mass%)
[0030]
Related Art
Fujikawa (JP 2019-208012 machine translation)
Fujikawa, published 2019-12-05, discloses an R-T-B based permanent magnet ([0001]) with an overlapping composition ([0011]-[0015], [0026]-[0036], [0044]-[0047]) with improved Br and Hcj ([0017]).
Contact Information
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/STEPHANI HILL/Examiner, Art Unit 1735