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
Applicant’s amendment has been entered. Claims 4-5, 7-11, 14-20, 22, and 24-27 are pending of which claims 4-5, 10-11, 14, and 22 remain withdrawn from consideration. Claims 1-3, 6, 12-13, 21, and 23 are canceled. Amendment has overcome the objections to claims 7, 9, and 17-20 for minor informalities. Amendment has overcome the rejections under 35 USC 112(b) for “mainly distributed in the shells, the two-grain grain boundary and the grain boundary triangle region” as a relative term. Amendment has resolved indefiniteness over uncertain antecedent basis in claims for “the heavy rare earth elements in R1”. Deleting the word “new” from claims 9 and 16 has overcome the rejection under 35 USC 112(b) for how “new” should be interpreted to limit claims. Deleting “new” from claim 16 has also rendered the terminology consistent with claim 15, on which claim 16 depends, thereby overcoming the rejection under 35 USC 112(b) for lack of antecedent basis in claim 16 for the phase. The significant amendment to claim 18 and clarifying Dy content in both R1 and R2 when claimed has overcome the rejection of claim 18 under 35 USC 112(b) for Dy distribution.
Claim Interpretation
Applicant’s amendment has rendered moot the previously set forth interpretation of “their” in claims 7 and 9.
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 7-9, 15-20, and 24-27 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.
The terms “rich B phase” and “rich rare earth phase” in claim 7 are a relative term which renders the claim indefinite. The terms “rich B phase” and “rich rare earth phase” are not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. It is not clear from the specification how much B or rare earth a phase must include in order to be considered a rich B phase or a rich rare earth phase.
Claims 8-9, 15-20, and 24-27 are rejected under 35 USC 112(b) because they depend on claim 7.
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 7-9, 15-20, 24, and 26 is/are rejected under 35 U.S.C. 103 as being unpatentable over Yu (CN103745823A). Yu is cited in prior office action(s). References to Yu are directed to the examiner-supplied English language translation, which accompanied prior office action(s).
Regarding claim 7, Yu discloses a neodymium-iron-boron magnet material (R-Fe-B system sintered magnet) [0002], [0006], [0012-13], [0026]. Yu discloses forming the magnet material from a R1-Fe-B-M sintered magnet [0013]. Yu discloses that the R1-Fe-B-M sintered magnet comprises 27% to 32% by mass R1, wherein R1 is selected from one or more of Nd, Pr, Dy, and Tb [0013]; 0 to 3% by mass of M, wherein M is selected from one or more of Ti, V, Cr, Mn, Co, Ni, Ga, Ca, Cu, Zn, Si, Al, Mg, Zr, Nb, Hf, Ta, W, and Mo [0013]; 0.8% to 1.2% by mass B [0013]; and the balance of Fe [0013], which calculates to 63.8% to 72.2% Fe. Yu discloses adding constituents of the R1-Fe-B sintered magnet in a smelting step for preparing the material to be sintered [0043], thereby disclosing that R1 is added during smelting.
Yu discloses adding R2 which is a DyTb alloy to the R1-Fe-B-M sintered magnet [0015]. Yu discloses that R2 diffuses into the grains of the sintered magnet [0016]; therefore, the R2 disclosed by Yu is added during grain boundary diffusion. In examples, Yu discloses that the R1-Fe-B-M sintered magnet comprises 24.3% Nd, 0.5% Dy and 0% Tb [0043] to which a DyTb alloy is added after sintering in one example [0044], and to which Tb is added after sintering in a separate example [0045]. In the example to which Yu adds the DyTb alloy, the amount of Tb and Dy in the surface layer increased by 0.8% and 0.5%, respectively, and the Tb and Dy contents in the center increased by 0.3% and 0.2% [0048]; therefore, in the example to which the DyTb alloy was added, the overall amount of R2 was between 0.5%
0.5
%
=
0.3
%
+
0.2
%
and 1.3%
1.3
%
=
0.8
%
+
0.5
%
. In the example of Yu to which Tb was added, the Tb content in the surface layer of the magnet increased by 0.7% and the Tb content in the center was 0.2% [0048]; therefore, the overall amount of R2 in that example of Yu is between 0.2% and 0.7%. Considering the amount of R2 in examples disclosed by Yu are either between 0.5% and 1.3% or between 0.2% and 0.7%, the amount of R2 disclosed by Yu is low in view of the overall composition of the magnet material (< 2%), and the composition of the magnet material disclosed by Yu [0002], [0006], [0012-13], [0015] approaches the overall composition of the R1-Fe-B-M sintered magnet disclosed by Yu [0013].
Considering Yu discloses 27% to 32% by mass R1, wherein R1 is selected from one or more of Nd, Pr, Dy, and Tb [0013], and examples of Yu attain 0.2-1.3% R2 [0048], wherein R2 at least comprises Tb [0015], [0043], the overall range of magnetic materials disclosed by Yu encompass values of 27.2-33.3% R, wherein R comprises R1 and R2, which narrowly encompasses 28-33%. In disclosing R1 is selected from one or more of Nd, Pr, Dy, and Tb [0013], Yu discloses ranges of compositions comprising both Nd and Dy, and compositions wherein R1 does not comprise Dy [0013]. Yu further exemplifies a sintered magnet, wherein the R1-Fe-B-M magnet comprises 0.5% Dy [0043]; therefore, Yu at least encompasses values of Dy in R1 from 0-0.5% [0013], [0043], which encompasses a content of Dy in R1 of 0.3% or less but not 0. The 0.2-1.3% R2 wherein R2 comprises Tb, at least shown by examples of Yu [0015], [0048] overlaps R2 comprising Tb, the content of R2 being 0.2%-1%. The 0 to 3% by mass of M, wherein M is selected from one or more of Ti, V, Cr, Mn, Co, Ni, Ga, Ca, Cu, Zn, Si, Al, Mg, Zr, Nb, Hf, Ta, W, and Mo disclosed by Yu [0013] encompasses M:<0.4%, but not 0, M being at least one selected from Zn, and Ga; and Cu:
≤
0.15%, but not 0. The 0.8% to 1.2% by mass B disclosed by Yu [0013] encompasses B: 0.9-1.1%. The 63.8% to 72.2% Fe calculated as the balance of materials disclosed by Yu [0013] overlaps Fe: 60-70%. In disclosing M is selected from one or more of Ti, V, Cr, Mn, Co, Ni, Ga, Ca, Cu, Zn, Si, Al, Mg, Zr, Nb, Hf, Ta, W, and Mo [0013], Yu discloses embodiments wherein the neodymium-iron-boron magnet material does not comprise Co. The ranges of compositions rendered obvious by Yu [0013], [0043-46], [0048] result in overall ranges of structures overlapping and/or encompassing the range of structures set forth by the presently claimed composition ranges of claim 7. When claimed ranges overlap or lie inside ranges disclosed by the prior art a prima facie case of obviousness exists, and generally, differences in concentration or temperature will not support the patentability of subject matter encompassed by the prior art unless there is evidence indicating such concentration or temperature is critical. See MPEP 2144.05(I).
Yu discloses that the magnet material comprises grains and grain boundaries (abstract, claim 1, [0015], [0026-27], [0039]). Yu discloses that R2 forms a “more complete high coercive force layer around the grains” [0027]. Structurally, a shell is a region surrounding a grain; a two-grain grain boundary is the interface between two adjacent grains, and a grain boundary triangle region is the junction where grain boundary interfaces of three adjacent grains intersect; therefore, in disclosing a magnet material comprising grains and grain boundaries (abstract, claim 1, [0015], [0026-27], [0039]), Yu discloses a structure comprising a shell region, a two-grain boundary region and a grain boundary triangle region adjacent to the grains. The examples disclosed by Yu [0048] show that the elements added as R2 are concentrated on the surface of the magnet material [0048], and Yu discloses that the R2- heavy rare earth elements diffuse into the grain boundaries [0039]; therefore, the structure of the magnet material disclosed by Yu meets a structure wherein heavy rare earth elements provided with R1 as a constituent of the R1-Fe-B-M sintered magnet [0013] are distributed into the grains, and the heavy rare earth provided as R2 disclosed by Yu [0015], [0048] are distributed in the grain boundary regions which structurally are the shell, two-grain grain boundary regions, and grain boundary triangle region. Considering Yu discloses that R2 forms a more complete layer around the grains [0027] and considering the proportionally low amounts which Yu discloses for R2 diffused within the gains [0044-45], [0048], it would have been obvious to one of ordinary skill in the art at the time of filing that nearly all the R2, disclosed by Yu, applied above, is distributed in grain boundary regions, and nearly all R2 distributed in grain boundary regions meets 95wt% or more of R2 distributed in the shells, the two-grain grain boundary and the grain boundary triangle region.
Yu discloses that the grains of magnet material are phases [0005], but Yu is silent on the specific metallurgical phase the grains, the proportion of grain boundary (shell, two-grain grain boundary, grain boundary triangle) structures, and the grain boundary continuity within the magnet material. The metallurgical phase of grains, the proportion of grain boundary (shell, two-grain grain boundary, grain boundary triangle) structures, and grain boundary continuity within a magnet material are physical properties that are inseparable from the chemical composition of the material and the process of making the material. See MPEP2112.01(II). When the claimed and prior art products are substantially identical in structure or composition, or are produced by substantially identical processes, a prima facie case of obviousness has been established. See MPEP.2112.01(I). The discovery of a previously unappreciated property of a prior art composition, or of a scientific explanation for the prior art’s functioning, does not render the old composition patentably new to the discoverer See MPEP2112(I). The present disclosure indicates that the “Nd—Fe—B permanent magnet material is [emphasis added] based on Nd2Fe14B compound” [0002]. Yu discloses that the magnet material is a R—Fe—B permanent magnet [0002] and identifies the magnet material onto which R2 is added as a NdFeB sintered magnet [0026], thereby disclosing that the magnet material is a Nd—Fe—B permanent magnet material. The present disclosure forms the magnet material by “subjecting the elements other than R2 in the raw material composition of the neodymium-iron-boron magnet material to smelting, powdering, forming, and sintering to obtain a sintered body, and then subjecting the mixture of the sintered body and R2 to the grain boundary diffusion” [0050]. Yu discloses subjecting the elements other than R2 in the raw material composition of the neodymium-iron-boron magnet material to smelting (poured in a vacuum melting furnace under an inert gas) [0043], powdering (HD pulverized and jet milled to form powder particles) [0043], forming (oriented and pressed in a magnetic field) [0043], and sintering to obtain a sintered body (sintered to obtain green compacts) [0043], and then subjecting the mixture of the sintered body and R2 to the grain boundary diffusion [0015-16], [0038-40]. The present disclosure states that the “temperature of sintering may be 1000-1200° C, preferably 1030-1090° C” [0062], and “time of sintering may be 0.5-10 h, preferably 2-5 h” [0063]. Yu sinters at 1070°C for 5h [0043]. The present disclosure indicates that “temperature of the grain boundary diffusion may be 800-1000° C, such as 850° C” [0068] and “time of the grain boundary diffusion may be 5-20 h, preferably 5-15 h” [0069]. Yu discloses grain boundary diffusion treatment at 750-1000°C for 2-72 hours [0016] and more narrowly 820-900°C for 5-72h [0023]. Yu discloses that the temperature and duration of the grain boundary diffusion treatment controls the extent to which heavy rare earth elements, including Tb, penetrate into the magnet material [0039-40]. The present disclosure indicates that “[a]fter the grain boundary diffusion, a low-temperature tempering treatment is performed according to the conventional treatment in the field. The temperature of the low-temperature tempering treatment is generally 460-560° C. The time of the low-temperature tempering treatment is generally 1-3 h” [0070]. Yu discloses that sintered magnet after the diffusion treatment is subjected to aging treatment at 450-600°C for 1-10 hours [0017] and more narrowly 470-550°C for 2-5 hours [0024]. Yu discloses that the R2 layer is uniform (abstract). Considering the chemical composition disclosed by Yu [0013], [0015], [0043-45], [0048], the type of magnet material (Nd-Fe-B) disclosed by Yu [0002], [0013], [0026], and the heat treatment parameters disclosed by Yu [0016-17], [0023-24], [0039-40], [0043-45] Yu establishes a sound basis for believing that the grains disclosed by Yu at least comprise some Nd2Fe14B comprising shells, a two-grain grain boundary and a grain boundary triangle region adjacent to the Nd2Fe14B grains, wherein the range of area ratios of the grain boundary triangle region encompassed by the range of materials disclosed Yu approaches or overlaps 2-3.12%, and the grain boundary continuity of the two-grain grain boundary of the range of grains and grain boundaries disclosed by Yu, applied above, overlaps or approaches a range of 96% or more. Yu discloses that the layer formed around the grains is formed of a DyTb alloy [0027]. As Dy and Tb are both rare earth metals, the phase forming around grains, defining the grain boundaries and exhibiting some degree of continuity is rich in rare earth materials, at least relative to the Fe-rich phase which Yu discloses for the grains [0013].
Yu is silent on the presence and distribution of C and O in the magnet material. The present disclosure states “rare earth oxides and rare earth carbides are mainly produced by C and O elements introduced in the preparation process. Due to the high content of the rare earth in grain boundary, C and O are usually more distributed in the grain boundary in magnet materials, and exist in the form of rare earth carbides and rare earth oxides, respectively. It should be noted that: C and O elements are introduced by conventional methods in the field, generally introduced by impurities or atmosphere, specifically for example, in the process of jet milling and pressing process, additives are introduced, these additives are removed by heating during sintering, but a small amount of C and O elements will inevitably remain; for another example, a small amount of O element will inevitably be introduced due to the atmosphere during the preparation process. In the present disclosure, through testing, in the neodymium-iron-boron magnet material product finally obtained, the contents of C and O are only 1000 and 1200 ppm or less, respectively, which belong to the conventional acceptable impurity category in the field” [0076]. The present disclosure thereby admits that the presence and distribution of C and O in grain boundary phases are properties of the magnet material itself which are inseparable from the chemical composition of the material and the process of making the material. See MPEP2112.01(II). When the claimed and prior art products are substantially identical in structure or composition, or are produced by substantially identical processes, a prima facie case of obviousness has been established. See MPEP.2112.01(I). The discovery of a previously unappreciated property of a prior art composition, or of a scientific explanation for the prior art’s functioning, does not render the old composition patentably new to the discoverer See MPEP2112(I). Yu discloses that the process of making the magnet material comprises both jet milling (HD pulverized and jet milled to form powder) and pressing process (powders are then oriented and pressed) [0043]. The present disclosure forms the magnet material by “subjecting the elements other than R2 in the raw material composition of the neodymium-iron-boron magnet material to smelting, powdering, forming, and sintering to obtain a sintered body, and then subjecting the mixture of the sintered body and R2 to the grain boundary diffusion” [0050]. Yu discloses subjecting the elements other than R2 in the raw material composition of the neodymium-iron-boron magnet material to smelting (poured in a vacuum melting furnace under an inert gas) [0043], powdering (HD pulverized and jet milled to form powder particles) [0043], forming (oriented and pressed in a magnetic field) [0043], and sintering to obtain a sintered body (sintered to obtain green compacts) [0043], and then subjecting the mixture of the sintered body and R2 to the grain boundary diffusion [0015-16], [0038-40]. The present disclosure states that the “temperature of sintering may be 1000-1200° C, preferably 1030-1090° C” [0062], and “time of sintering may be 0.5-10 h, preferably 2-5 h” [0063]. Yu sinters at 1070°C for 5h [0043]. The present disclosure indicates that “temperature of the grain boundary diffusion may be 800-1000° C, such as 850° C” [0068] and “time of the grain boundary diffusion may be 5-20 h, preferably 5-15 h” [0069]. Yu discloses grain boundary diffusion treatment at 750-1000°C for 2-72 hours [0016] and more narrowly 820-900°C for 5-72h [0023]. Yu discloses that the temperature and duration of the grain boundary diffusion treatment controls the extent to which heavy rare earth elements, including Tb, penetrate into the magnet material [0039-40]. The present disclosure indicates that “[a]fter the grain boundary diffusion, a low-temperature tempering treatment is performed according to the conventional treatment in the field. The temperature of the low-temperature tempering treatment is generally 460-560° C. The time of the low-temperature tempering treatment is generally 1-3 h” [0070]. Yu discloses that sintered magnet after the diffusion treatment is subjected to aging treatment at 450-600°C for 1-10 hours [0017] and more narrowly 470-550°C for 2-5 hours [0024]. Considering the chemical composition disclosed by Yu [0013], [0015], [0043-45], [0048], and the processing conditions disclosed by Yu [0016-17], [0023-24], [0039-40], [0043-45], particularly the disclosure of jet milling and pressing [0043], Yu establishes a sound basis for believing that the magnet material disclosed by Yu, applied above, comprise C and O and that the mass ratio of C and O in the grain boundary triangle region of the magnet material disclosed by Yu, applied above, overlaps or approaches 0.4-0.5%, and the mass ratio of C and O in the two-grain grain boundary of the magnet material disclosed by Yu applied above, overlaps or approaches 0.3-0.4%.
Regarding claim 8, as stated above with respect to claim 7, Yu is silent on the proportion of grain boundary (shell, two-grain grain boundary, grain boundary triangle) structures, the grain boundary continuity, and the distribution of C and O in the magnet material. As stated with respect to claim 7, the proportion of grain boundary (shell, two-grain grain boundary, grain boundary triangle) structures, grain boundary continuity, the presence and distribution of C and O in grain boundary phases are properties of the magnet material itself which are inseparable from the chemical composition of the material and the process of making the material. See MPEP2112.01(II). When the claimed and prior art products are substantially identical in structure or composition, or are produced by substantially identical processes, a prima facie case of obviousness has been established. See MPEP.2112.01(I). The discovery of a previously unappreciated property of a prior art composition, or of a scientific explanation for the prior art’s functioning, does not render the old composition patentably new to the discoverer See MPEP2112(I). Considering the chemical composition disclosed by Yu [0013], [0015], [0043-45], [0048], and the processing conditions disclosed by Yu [0016-17], [0023-24], [0039-40], [0043-45], Yu establishes a sound basis for believing that the magnet material disclosed by Yu applied above would an area ratio of the grain boundary triangle region overlapping or approaching 2.07-2.84%, a grain boundary continuity overlapping or approaching 97% or more; or, a mass ratio of C and O in the grain boundary triangle region overlapping or approaching 0.41-0.48%; or, a mass ratio of C and O in the two-grain grain boundary overlapping or approaching 0.32-0.39%.
Regarding claim 9, Yu discloses a neodymium-iron-boron magnet material (R-Fe-B system sintered magnet) [0002], [0006], [0012-13], [0026]. Yu discloses forming the magnet material from a R1-Fe-B-M sintered magnet [0013]. Yu adds the elements of the R1-Fe-B-M magnet during a smelting step [0043], thereby disclosing that R1 is added during smelting. Yu discloses that the R1-Fe-B-M sintered magnet comprises 27% to 32% by mass R1, wherein R1 is a rare earth element selected from one or more of Nd, Pr, Dy [emphasis added], and Tb [0013]; 0 to 3% by mass of M, wherein M is selected from one or more of Ti, V, Cr, Mn, Co, Ni, Ga, Ca, Cu, Zn, Si, Al, Mg, Zr, Nb, Hf, Ta, W, and Mo [0013]; 0.8% to 1.2% by mass B [0013]; and the balance of Fe [0013], which calculates to 63.8% to 72.2% Fe. Yu discloses adding R2 which is a DyTb alloy to the R1-Fe-B-M sintered magnet in a grain boundary diffusion step [0015-17]. In examples, Yu discloses that the R1-Fe-B-M sintered magnet comprises 0.5% Dy and 0% Tb [0043] to which a DyTb alloy is added after sintering in one example [0044], and to which Tb is added after sintering in a separate example [0045]. In the example to which Yu adds the DyTb alloy, the amount of Tb and Dy (both of which are rare earth elements) in the surface layer increased by 0.8% and 0.5%, respectively, and the Tb and Dy contents in the center increased by 0.3% and 0.2% [0048]; therefore, in the example to which the DyTb alloy was added, the overall amount of R2 was between 0.5%
0.5
%
=
0.3
%
+
0.2
%
and 1.3%
1.3
%
=
0.8
%
+
0.5
%
. In the example of Yu to which Tb was added, the Tb content in the surface layer of the magnet increased by 0.7% and the Tb content in the center was 0.2% [0048]; therefore, the overall amount of R2 in that example of Yu is between 0.2% and 0.7%. Considering the amount of R2 in examples disclosed by Yu are either between 0.5% and 1.3% or between 0.2% and 0.7%, the amount of R2 disclosed by Yu is low in view of the overall composition of the magnet material (< 2%), and the composition of the magnet material disclosed by Yu [0002], [0006], [0012-13], [0015] approaches the overall composition of the R1-Fe-B-M sintered magnet [prior to R2 addition] disclosed by Yu [0013].
Considering Yu discloses 27% to 32% by mass R1, wherein R1 is selected from one or more of Nd, Pr, Dy, and Tb disclosed by Yu [0013] and examples of Yu attain 0.2-1.3% R2 [0048], wherein R2 at least comprises Tb [0015], [0043] the overall range of magnetic materials disclosed by Yu encompass values of 27.2-33.3% R, wherein R comprises R1 and R2, which narrowly encompasses 29.5-31%. The 0.2-1.3% R2 wherein R2 comprises Tb, at least shown by examples of Yu [0015], [0048] overlaps R2 comprising Tb, the content of R2 being 0.2%-0.9%. The 0 to 3% by mass of M, wherein M is selected from one or more of Ti, V, Cr, Mn, Co, Ni, Ga, Ca, Cu, Zn, Si, Al, Mg, Zr, Nb, Hf, Ta, W, and Mo disclosed by Yu [0013] encompasses M:<0.35%, but not 0, M being at least one selected from Zn, and Ga; and Cu: 0.05-0.15%. The 0.8% to 1.2% by mass B disclosed by Yu [0013] encompasses B: 0.97-1.05%. The 63.8% to 72.2% Fe calculated as the balance of materials disclosed by Yu [0013] overlaps Fe: 65-69.5%. The compositions disclosed by Yu [0013], [0044-46], [0048] result in overall ranges of structures overlapping and/or encompassing the range of structures set forth by the presently claimed composition ranges. When claimed ranges overlap or lie inside ranges disclosed by the prior art a prima facie case of obviousness exists. See MPEP 2144.05(I).
Yu discloses that the magnet material comprises grains and grain boundaries (abstract, claim 1, [0015], [0026-27], [0039]). Yu discloses that R2 forms a “more complete high coercive force layer around the grains” [0027]. Structurally, a shell is a region surrounding a grain; a two-grain grain boundary is the interface between two adjacent grains, and a grain boundary triangle region is the junction where grain boundary interfaces of three adjacent grains intersect; therefore, in disclosing a magnet material comprising grains and grain boundaries (abstract, claim 1, [0015], [0026-27], [0039]), Yu discloses a structure comprising a shell region, a two-grain boundary region and a grain boundary triangle region adjacent to the grains. The examples disclosed by Yu [0048] show that the elements added as R2 are concentrated on the surface of the magnet material [0048], and Yu discloses that the R2- heavy rare earth elements diffuse into the grain boundaries [0039]; therefore, the structure of the magnet material disclosed by Yu meets a structure wherein heavy rare earth elements provided with R1 as a constituent of the R1-Fe-B-M sintered magnet [0013] are distributed into the grains, and the heavy rare earth provided as R2 disclosed by Yu [0015], [0048] are distributed in the grain boundary regions which structurally are the shell, two-grain grain boundary regions, and grain boundary triangle region.
Yu discloses that the grains of magnet material are phases [0005], but Yu is silent on the specific metallurgical phase the grains, the proportion of grain boundary (shell, two-grain grain boundary, grain boundary triangle) structures, and the grain boundary continuity within the magnet material. The metallurgical phase of grains, the proportion of grain boundary (shell, two-grain grain boundary, grain boundary triangle) structures, and grain boundary continuity within a magnet material are physical properties that are inseparable from the chemical composition of the material and the process of making the material. See MPEP2112.01(II). When the claimed and prior art products are substantially identical in structure or composition, or are produced by substantially identical processes, a prima facie case of obviousness has been established. See MPEP.2112.01(I). The discovery of a previously unappreciated property of a prior art composition, or of a scientific explanation for the prior art’s functioning, does not render the old composition patentably new to the discoverer See MPEP2112(I). The present disclosure indicates that the “Nd—Fe—B permanent magnet material is [emphasis added] based on Nd2Fe14B compound” [0002]. Yu discloses that the magnet material is a R—Fe—B permanent magnet [0002] and identifies the magnet material onto which R2 is added as a NdFeB sintered magnet [0026], thereby disclosing that the magnet material is a Nd—Fe—B permanent magnet material. The present disclosure forms the magnet material by “subjecting the elements other than R2 in the raw material composition of the neodymium-iron-boron magnet material to smelting, powdering, forming, and sintering to obtain a sintered body, and then subjecting the mixture of the sintered body and R2 to the grain boundary diffusion” [0050]. Yu discloses subjecting the elements other than R2 in the raw material composition of the neodymium-iron-boron magnet material to smelting (poured in a vacuum melting furnace under an inert gas) [0043], powdering (HD pulverized and jet milled to form powder particles) [0043], forming (oriented and pressed in a magnetic field) [0043], and sintering to obtain a sintered body (sintered to obtain green compacts) [0043], and then subjecting the mixture of the sintered body and R2 to the grain boundary diffusion [0015-16], [0038-40]. The present disclosure states that the “temperature of sintering may be 1000-1200° C, preferably 1030-1090° C” [0062], and “time of sintering may be 0.5-10 h, preferably 2-5 h” [0063]. Yu sinters at 1070°C for 5h [0043]. The present disclosure indicates that “temperature of the grain boundary diffusion may be 800-1000° C, such as 850° C” [0068] and “time of the grain boundary diffusion may be 5-20 h, preferably 5-15 h” [0069]. Yu discloses grain boundary diffusion treatment at 750-1000°C for 2-72 hours [0016] and more narrowly 820-900°C for 5-72h [0023]. Yu discloses that the temperature and duration of the grain boundary diffusion treatment controls the extent to which heavy rare earth elements, including Tb, penetrate into the magnet material [0039-40]. The present disclosure indicates that “[a]fter the grain boundary diffusion, a low-temperature tempering treatment is performed according to the conventional treatment in the field. The temperature of the low-temperature tempering treatment is generally 460-560° C. The time of the low-temperature tempering treatment is generally 1-3 h” [0070]. Yu discloses that sintered magnet after the diffusion treatment is subjected to aging treatment at 450-600°C for 1-10 hours [0017] and more narrowly 470-550°C for 2-5 hours [0024]. Considering the chemical composition disclosed by Yu [0013], [0015], [0043-45], [0048], the type of magnet material (Nd-Fe-B) disclosed by Yu [0002], [0013], [0026], and the heat treatment parameters disclosed by Yu [0016-17], [0023-24], [0039-40], [0043-45] Yu establishes a sound basis for believing that the grains disclosed by Yu at least comprise some Nd2Fe14B comprising shells, a two-grain grain boundary and a grain boundary triangle region adjacent to the Nd2Fe14B grains, wherein the range of area ratios of the grain boundary triangle region encompassed by the range of materials disclosed Yu approaches or overlaps 2-2.84%, and the grain boundary continuity of the two-grain grain boundary of the range of grains and grain boundaries disclosed by Yu, applied above, overlaps or approaches a range of 97% or more.
Yu is silent on the presence and distribution of C and O in the magnet material. The present disclosure states “rare earth oxides and rare earth carbides are mainly produced by C and O elements introduced in the preparation process. Due to the high content of the rare earth in grain boundary, C and O are usually more distributed in the grain boundary in magnet materials, and exist in the form of rare earth carbides and rare earth oxides, respectively. It should be noted that: C and O elements are introduced by conventional methods in the field, generally introduced by impurities or atmosphere, specifically for example, in the process of jet milling and pressing process, additives are introduced, these additives are removed by heating during sintering, but a small amount of C and O elements will inevitably remain; for another example, a small amount of O element will inevitably be introduced due to the atmosphere during the preparation process. In the present disclosure, through testing, in the neodymium-iron-boron magnet material product finally obtained, the contents of C and O are only 1000 and 1200 ppm or less, respectively, which belong to the conventional acceptable impurity category in the field” [0076]. The present disclosure thereby admits that the presence and distribution of C and O in grain boundary phases are properties of the magnet material itself which are inseparable from the chemical composition of the material and the process of making the material . See MPEP2112.01(II). When the claimed and prior art products are substantially identical in structure or composition, or are produced by substantially identical processes, a prima facie case of obviousness has been established. See MPEP.2112.01(I). The discovery of a previously unappreciated property of a prior art composition, or of a scientific explanation for the prior art’s functioning, does not render the old composition patentably new to the discoverer See MPEP2112(I). Yu discloses that the process of making the magnet material comprises both jet milling (HD pulverized and jet milled to form powder) and pressing process (powders are then oriented and pressed) [0043]. The present disclosure forms the magnet material by “subjecting the elements other than R2 in the raw material composition of the neodymium-iron-boron magnet material to smelting, powdering, forming, and sintering to obtain a sintered body, and then subjecting the mixture of the sintered body and R2 to the grain boundary diffusion” [0050]. Yu discloses subjecting the elements other than R2 in the raw material composition of the neodymium-iron-boron magnet material to smelting (poured in a vacuum melting furnace under an inert gas) [0043], powdering (HD pulverized and jet milled to form powder particles) [0043], forming (oriented and pressed in a magnetic field) [0043], and sintering to obtain a sintered body (sintered to obtain green compacts) [0043], and then subjecting the mixture of the sintered body and R2 to the grain boundary diffusion [0015-16], [0038-40]. The present disclosure states that the “temperature of sintering may be 1000-1200° C, preferably 1030-1090° C” [0062], and “time of sintering may be 0.5-10 h, preferably 2-5 h” [0063]. Yu sinters at 1070°C for 5h [0043]. The present disclosure indicates that “temperature of the grain boundary diffusion may be 800-1000° C, such as 850° C” [0068] and “time of the grain boundary diffusion may be 5-20 h, preferably 5-15 h” [0069]. Yu discloses grain boundary diffusion treatment at 750-1000°C for 2-72 hours [0016] and more narrowly 820-900°C for 5-72h [0023]. Yu discloses that the temperature and duration of the grain boundary diffusion treatment controls the extent to which heavy rare earth elements, including Tb, penetrate into the magnet material [0039-40]. The present disclosure indicates that “[a]fter the grain boundary diffusion, a low-temperature tempering treatment is performed according to the conventional treatment in the field. The temperature of the low-temperature tempering treatment is generally 460-560° C. The time of the low-temperature tempering treatment is generally 1-3 h” [0070]. Yu discloses that sintered magnet after the diffusion treatment is subjected to aging treatment at 450-600°C for 1-10 hours [0017] and more narrowly 470-550°C for 2-5 hours [0024]. Considering the chemical composition disclosed by Yu [0013], [0015], [0043-45], [0048], and the processing conditions disclosed by Yu [0016-17], [0023-24], [0039-40], [0043-45], particularly the disclosure of jet milling and pressing [0043], Yu establishes a sound basis for believing that the magnet material disclosed by Yu, applied above, comprise C and O and that the mass ratio of C and O in the grain boundary triangle region of the magnet material disclosed by Yu, applied above, overlaps or approaches 0.41-0.48%, and the mass ratio of C and O in the two-grain grain boundary of the magnet material disclosed by Yu applied above, overlaps or approaches 0.32-0.39%.
Yu is silent on the presence or absence of additional metallurgical phases in the grain boundary structures. The presence or absence of a metallurgical phase and the proportion of that phase are material properties that are inseparable from the chemical composition of the material and the process of making the material. See MPEP2112.01(II). When the claimed and prior art products are substantially identical in structure or composition, or are produced by substantially identical processes, a prima facie case of obviousness has been established. See MPEP.2112.01(I). The discovery of a previously unappreciated property of a prior art composition, or of a scientific explanation for the prior art’s functioning, does not render the old composition patentably new to the discoverer See MPEP2112(I). Considering the chemical composition disclosed by Yu [0013], [0015], [0043-45], [0048], and the processing conditions disclosed by Yu [0016-17], [0023-24], [0039-40], [0043-45], Yu establishes a sound basis for believing that Yu encompasses a ranges of structures wherein the two-grain grain boundary of the magnet material disclosed by Yu comprises a RxFe1oo-x-y-zCuyMz phase wherein, R comprises one or more of Nd, Dy and Tb, and M is one or more of Zn and Ga; wherein x overlaps or approaches 78.1-79.5; y overlaps or approaches 0.99-1.33; z overlaps or approaches 0.26-0.38; wherein an area ratio of the phase in the two-grain grain boundary to the total area of the two-grain grain boundary overlaps or approaches 0.25-1.65%.
While Yu need only render at least one of the claimed alternative embodiments obvious to render obvious claim 9, as the second embodiment of claim 9 recites the same chemical elements in overlapping or approaching proportions the above rationale applies in showing that Yu encompasses a range of magnetic material structures which overlap, approach, or encompass the range of structures recited in the second embodiment of claim 9.
Regarding claims 15 and 16, Yu is silent on the presence or absence of additional metallurgical phases in the grain boundary structures. The presence or absence of a metallurgical phase and the proportion of that phase are material properties that are inseparable from the chemical composition of the material and the process of making the material. See MPEP2112.01(II). When the claimed and prior art products are substantially identical in structure or composition, or are produced by substantially identical processes, a prima facie case of obviousness has been established. See MPEP.2112.01(I). The discovery of a previously unappreciated property of a prior art composition, or of a scientific explanation for the prior art’s functioning, does not render the old composition patentably new to the discoverer See MPEP2112(I). Considering the chemical composition disclosed by Yu [0013], [0015], [0043-45], [0048], and the processing conditions disclosed by Yu [0016-17], [0023-24], [0039-40], [0043-45], Yu establishes a sound basis for believing that Yu encompasses a ranges of structures wherein the two-grain grain boundary of the magnet material disclosed by Yu comprises a RxFe1oo-x-y-zCuyMz phase wherein, R comprises one or more of Nd, Dy and Tb, and M is one or more of Zn and Ga; wherein x overlaps or approaches 78-80; y overlaps or approaches 0.8-1.5; z overlaps or approaches a range of 0.1 or less; wherein an area ratio of the phase in the two-grain grain boundary to the total area of the two-grain grain boundary overlaps or approaches 0.25-1.65%, thereby meeting the additional limitations recited in claims 15 and 16.
Regarding claim 17, Yu discloses adding Pr and Nd as a mixture in elemental form [0043]. Yu discloses a known importance of adding pure rare earth elements in processing magnet materials [0005]; therefore, it would have been obvious for one of ordinary skill in the art to add the mixture comprising Pr and Nd disclosed by Yu [0043] as pure Nd and pure Pr. A mixture comprising pure Nd and Pure Pr meets a mixture of pure Pr and pure Nd.
Regarding claims 18 and 26, Yu discloses that R2 comprises Dy [0015-17], [0044]. In the example to which Yu adds the DyTb alloy, the amount of Tb and Dy in the surface layer increased by 0.5%, the Dy contents in the center increased by 0.2% [0048]. The amount of Dy added as R2 in the embodiment disclosed by Yu [0044], [0048] is therefore somewhere between 0.2 and 0.5%. A range of Dy added as R2 of 0.3% or less (present claim 18) overlaps some amounts of Dy which lie between 0.2% and 0.5%, and a range of Dy added as R2 of 0.1% or less (present claim 26) closely approaches an amount of Dy which lie between 0.2% and 0.5% (0.1% difference). Yu discloses that diffusing Dy in combination with Tb significantly increases the coercivity to a greater extent than either Dy or Tb alone [0026]. When claimed ranges overlap or lie inside ranges disclosed by the prior art a prima facie case of obviousness exists; a prima facie case of obviousness exists where the claimed ranges or amounts do not overlap with the prior art but are merely close, and generally differences in concentration or temperature will not support the patentability of subject matter encompassed by the prior art unless there is evidence indicating such concentration or temperature is critical. See MPEP 2144.05(I-II).
Regarding claim 19, the 0 to 3% by mass of M, wherein M is selected from one or more of Ti, V, Cr, Mn, Co, Ni, Ga, Ca, Cu, Zn, Si, Al, Mg, Zr, Nb, Hf, Ta, W, and Mo disclosed by Yu [0013] encompasses the Zn and Ga alternatives recited in claim 19. When claimed ranges overlap or lie inside ranges disclosed by the prior art a prima facie case of obviousness exists. See MPEP 2144.05(I).
Regarding claim 20 the 0 to 3% by mass of M, wherein M is selected from one or more of Ti, V, Cr, Mn, Co, Ni, Ga, Ca, Cu, Zn, Si, Al, Mg, Zr, Nb, Hf, Ta, W, and Mo disclosed by Yu [0013] encompasses amounts recited in claim 20. When claimed ranges overlap or lie inside ranges disclosed by the prior art a prima facie case of obviousness exists. See MPEP2144.05(I).
Regarding claim 24, the 0.2-1.3% R2 wherein R2 comprises Tb, at least shown by examples of Yu [0015], [0048] encompasses amounts wherein, the content of R2 is 0.5%-1%. When claimed ranges overlap or lie inside ranges disclosed by the prior art a prima facie case of obviousness exists. See MPEP 2144.05(I).
Claim(s) 25 and 27 is/are rejected under 35 U.S.C. 103 as being unpatentable over Yu (CN103745823A) as applied to claim 7 above, and further in view of Kuniyoshi (US20200312492). Kuniyoshi is a publication of an application for patent in the United States effectively filed prior to the earliest filing date of the present application.
Regarding claim 25, Yu discloses that R2 comprises Dy and Tb [0015-17]. Yu does not disclose that R2 comprises Pr.
Kuniyoshi teaches a neodymium-iron-boron magnet material [0032-37]. Kuniyoshi teaches that the magnet material comprises R: 26.8-31.5 mass % [0033], R comprising R1 and R2 [0041]. Kuniyoshi teaches that R1 [0047] and R2 [0059] are rare earth elements and that teaches that the R1-T-B is prepared in a sintering step, and R2-Ga alloy is added in a diffusion step [0041] thereby teaching that R1 is rare earth element added during sintering, and R2 being rare earth element added during diffusion. Kuniyoshi teaches that R1 comprises Nd [0047], [0052] and R2 comprises Tb [0059]. Kuniyoshi teaches that the magnetic material comprises 0.05-1.0 mass % M, where M is at least one selected from the group consisting of Ga, Cu, Zn and Si [0035], and 0-2.0 mass% M1, where M1 is at least one selected from the group consisting of Al, Ti, V, Cr, Mn, Ni, Zr, Nb, Mo, Ag, In, Sn, Hf, Ta, W, Pb and Bi [0036]. Kuniyoshi teaches that the magnetic material comprises 0.80-1.20 mass % B [0034], and a remainder T, where Fe, or Fe and Co [0037]. Kuniyoshi teaches that the neodymium-iron-boron magnet material comprises Nd-2Fe14B grains and that the microstructure comprises grain shells, a two-grain grain boundary and a grain boundary triangle region adjacent to the grains ([0023-24], Fig. 1). Kuniyoshi teaches that R2 is distributed in the grain boundary regions [0059]. Kuniyoshi teaches that when R2 comprises both Pr and Tb, diffusion in the grain boundary phase progresses more easily, which diffuses Tb more efficiently and thus provides higher HcJ (coercivity) [0059], and that replacing Tb with Pr results in higher magnetic remanence [0026]. Kuniyoshi teaches that drawbacks of heavy rare earth diffusion are encountered when Dy or Tb is supplied as a heavy rare earth [0007].
Both Yu and Kuniyoshi teach Nd-Fe-B magnetic material comprising rare earth material, including Nd, added in a base body production step and rare earth material comprising Tb added in a diffusion step.
It would have been obvious for one of ordinary skill in the art, at the time of filing, to add Pr to the R2 comprising Tb, disclosed by Yu [0015-17] because Kuniyoshi teaches that when R2 comprises both Pr and Tb, diffusion in the grain boundary phase progresses more easily, which diffuses Tb more efficiently and thus provides higher HcJ (coercivity) [0059], and that replacing Tb with Pr results in higher magnetic remanence [0026]. Such addition of Pr to R2 would predictably result in more efficient Tb diffusion resulting in improved magnetic properties, as taught by Kuniyoshi [0026], [0059]. The 0.2-1.3% R2 relative to the total mass of the neodymium-iron-boron magnet material, at least shown by examples of Yu [0015], [0048] meets a range of 0.2% or less at the endpoint of 0.2%. As Pr is only a constituent of R2 in the process disclosed by Yu in view of Kuniyoshi, and not the entirety of the R2 of Yu in view of Kuniyoshi, the addition of Pr to the R2 in the magnetic material disclosed by Yu in view of Kuniyoshi would result in an amount of Pr less than 0.2-1.3% R2 relative to the total mass of the neodymium-iron-boron magnet material. An amount of Pr less than 0.2-1.3% R2 relative to the total mass of the neodymium-iron-boron magnet material overlaps a range of Pr range of 0.2% or less, but not 0 relative to the total mass of the neodymium-iron-boron magnet material. When claimed ranges overlap or lie inside ranges disclosed by the prior art a prima facie case of obviousness exists. See MPEP 2144.05(I).
Regarding claim 27, Yu discloses that the magnetic material comprises M, wherein M is selected from one or more of Ti, V, Cr, Mn, Co, Ni, Ga, Ca, Cu, Zn, Si, Al, Mg, Zr, Nb, Hf, Ta, W, and Mo [0013]. Yu does not disclose that M is at least one selected from Bi, Sn, In, Au and Pb. Kuniyoshi teaches that the magnetic material comprises 0.05-1.0 mass % M, where M is at least one selected from the group consisting of Ga, Cu, Zn and Si [0035], and 0-2.0 mass% M1, where M1 is at least one selected from the group consisting of Al, Ti, V, Cr, Mn, Ni, Zr, Nb, Mo, Ag, In, Sn, Hf, Ta, W, Pb and Bi [emphasis added] [0036]. Considering Kuniyoshi teaches that Bi, In, Sn, and Pb are present in with the same types of added metal (Ti, V, Cr, Mn, Ni, Al, Zr, Nb, Mo, Hf, Ta, W) disclosed by Yu as present in the same type of material (Nd-Fe-B magnetic material in which heavy rare earth is diffused), it would have been obvious to one of ordinary skill in the art that the M disclosed by Yu applied above include at least some of Bi, In, Sn, and Pb. As neither Yu nor Kuniyoshi appears to disclose effects of adding M, a composition of M, wherein M includes at least one of Bi, Sn, In, and Pb would predictably maintain the properties disclosed by Yu and/or Kuniyoshi for such magnetic materials.
Response to Arguments
Applicant's arguments have been fully considered but they are not persuasive.
Applicant argues that amendment has addressed concerns regarding rejections under 35 USC 112(b). Though the amendment has overcome the previously set forth rejections under 35 USC 112(b), the amendment to independent claim 7 introduces new uncertainty regarding the relative terms “rich B phase” and “rich rare earth phase”.
Regarding rejection of claim 7 under 35 USC 103 over Yu (CN103745823A), applicant argues that in R1 of the claimed neodymium-iron-boron magnet material, the content of Dy is 0.3% or less, but not 0. This argument is not persuasive because, in disclosing R1 is selected from one or more of Nd, Pr, Dy, and Tb, Yu discloses ranges of compositions comprising both Nd and Dy, and compositions wherein R1 does not comprise Dy [0013], thereby setting a lower limit of 0 Dy in R1. Yu further exemplifies a sintered magnet, wherein the R1-Fe-B-M magnet comprises 0.5% Dy [0043]; therefore, the Yu disclosure encompasses values of 0.5% Dy in R1, and therefore, the Yu disclosure at least encompasses values of Dy in R1 from 0-0.5% [0013], [0043], which encompasses a content of Dy in R1 of 0.3% or less but not 0. The 27% to 32% by mass R1, wherein R1 is selected from one or more of Nd, Pr, Dy and Tb encompasses 27% to 32% by mass R1, wherein R1 is selected from one or more of Nd, Pr, Dy and Tb encompasses embodiments wherein R1 is only Nd, Pr, Dy, or Tb, and embodiments wherein R1 is a combination of Nd and Dy and the total is 27% to 32% by mass. As Yu encompasses values of Dy in R1 ranging from 0 to 0.5%, and generally differences in concentration or temperature will not support the patentability of subject matter encompassed by the prior art unless there is evidence indicating such concentration or temperature is critical (MPEP 2144.05(II)), absent a showing of criticality of a range of 0.3% or less but not 0 Dy in R1 over the amounts encompassed by the Yu disclosure, the claimed range of Dy in R1 will not be persuasive of nonobviousness over Yu. As indicated in MPEP 2144.05, such criticality is evaluated through evidence of unexpected results. Analysis of evidence of unexpected results is discussed in MPEP 716.02 and subsection. The results should show a difference in kind and not a difference in degree, commensurate in scope with the claim, to a statistical and practical significance. In the present application, it does not appear that an amount of 0.3% Dy in R1 would yield particularly unexpected results over the 0.5% Dy in R1 disclosed by Yu [0043].
Applicant further argues that Yu does not meet the claimed grain boundary limitations: 95wt% or more of R2 is distributed in the shells, the two-grain grain boundary and the grain boundary triangle region; the area ratio of the grain boundary triangle region is 2-3.12%; the grain boundary continuity of the two-grain grain boundary is 96% or more. Applicant supports the argument by noting that independent claim 7 has been amended so that the composition is not substantially identical. This argument is not persuasive because the apparent difference in composition between the magnetic material disclosed by Yu and the claimed composition is the amount of Dy in R1. To restate the above remarks on Dy in R1, in disclosing R1 is selected from one or more of Nd, Pr, Dy, and Tb, Yu discloses ranges of compositions comprising both Nd and Dy, and compositions wherein R1 does not comprise Dy [0013], thereby setting a lower limit of 0 Dy in R1. Yu further exemplifies a sintered magnet, wherein the R1-Fe-B-M magnet comprises 0.5% Dy [0043]; therefore, the Yu disclosure encompasses values of 0.5% Dy in R1, and therefore, the Yu disclosure at least encompasses values of Dy in R1 from 0-0.5% [0013], [0043], which encompasses a content of Dy in R1 of 0.3% or less but not 0. Yu further supports a basis for believing that the disclosed magnetic material would necessarily have the grain boundary and R2 properties of the magnetic material of the present disclosure in disclosing that R2 forms a more complete high coercive force layer around the grains [0027], thereby suggesting a high degree of grain boundary continuity. Yu further discloses a process of making substantially similar to the process of making described in the present disclosure [0016-17], [0023-24], [0039-40], [0043-45]. MPEP 2112(V) provides further guidance on rebutting rejections/patent validity challenges wherein the prior art was set forth to inherently meet a claimed feature. Note that persuasive rebuttals tend to show, with evidence, that the prior art as put forth in the rejection/validity challenge did not necessarily meet the claimed feature set forth as inherent.
Arguments regarding the amount of Dy in R2 recited in new claim 26 are not persuasive because in the example to which Yu adds the DyTb alloy, the amount of Tb and Dy in the surface layer increased by 0.5%, the Dy contents in the center increased by 0.2% [0048]; the amount of Dy added as R2 in the embodiment disclosed by Yu [0044], [0048] is therefore somewhere between 0.2 and 0.5%, and a range of Dy added as R2 of 0.1% or less closely approaches an amount of Dy which lie between 0.2% and 0.5% (0.1% difference). A prima facie case of obviousness exists where the claimed ranges or amounts do not overlap with the prior art but are merely close, See MPEP 2144.05(I-II). As with the discussion with respect to claim 7, the amount of Dy recited in claim 26 appears to be a difference in degree and not a difference in kind between the claimed composition and that disclosed by Yu. A showing of unexpected results commensurate in scope with claim 26 to a statistical and practical significance could be helpful in showing that the range recited in claim 26 defines over Yu.
Applicant’s arguments that new claims 25 and 27 define over Yu alone are not persuasive because the present office action relies on a combination of Yu in view of Kuniyoshi (US20200312492) to meet the additional limitations of new claims 25 and 27. One cannot show nonobviousness by attacking references individually where the rejections are based on combinations of references. See MPEP 2145(IV).
Applicant’s request for rejoinder is acknowledged. As withdrawn claims do not depend on or otherwise include the limitations of an allowed product claim, at the moment claims withdrawn as directed to a non-elected invention remain withdrawn.
Applicant argues the rejection of dependent claims over the prior art by rejection to arguments regarding the independent claim(s) over the prior art. This argument is not persuasive for the reasons given above with respect to independent claim(s).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US20100182113 discloses a Nd-Fe-B type magnet comprising additive element M selected from Al, Si, Ti, V, Cr, Mn, Ni, Cu, Zn, Ga, Zr, Nb, Mo, Ag, In, Sn, Hf, Ta, W, Pb and Bi [0153] into which a heavy rare earth element is diffused [0166].
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.
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/SEAN P. O'KEEFE/ Examiner, Art Unit 1738
/SALLY A MERKLING/ SPE, Art Unit 1738