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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 4, 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 certified copies of KR 10-2020-0006226 filed January 16, 2020 and KR 10-2021-0000548 filed January 4, 2021 as required by 37 CFR 1.55.
Receipt is also acknowledged of a copy of WO 2021/145629, the WIPO publication of PCT/KR2021/000354 filed January 11, 2021.
Claim Status
This Office Action is in Response to Applicant’s Claim Amendment and Remarks filed September 4, 2025.
Claims Filing Date
September 4, 2025
Amended
1
Cancelled
3-8
Pending
1, 2, 9-20
Withdrawn
10-20
Under Examination
1, 2, 9
The applicant argues claim 1 has been amended to incorporate the subject matter of cancelled claim 4 (Remarks p. 7 para. 2), and, with respect to sintering, supplying energy is supported by [0025], input energy by [0031], and temperature and pressure by [0033] and [0038] of applicant’s published application (Remarks p. 7 para. 3).
Response to Arguments
Applicant's arguments filed September 4, 2025 have been fully considered but they are not persuasive.
Tan; Tan in view of Demetriou and Shapiro; Kim in view of Demetriou
The applicant argues Tan, Demetriou, Shapiro, and Kim disclose simple adjacent structures and not the specific network structure of the present invention formed through the claimed sintering process (Remarks p. 9 para. 3).
Arguments presented by the applicant cannot take the place of evidence in the record. MPEP 716.01(c)(II). Evidence to support applicant’s allegation that the claimed network structure is different from the adjacent structures of the cited prior art has not been presented.
As presented in the pending rejections, the prior art reads on the claimed network structure. For example, pending claim 1 recites a distance (d) between the centers of the amorphous alloy powder particles satisfies the following Expression 1. With respect to Expression 1, the cited prior art (Tan and Kim) disclose the following.
Tan discloses an optical micrograph of iron-based porous amorphous composite alloy ([0021], Fig. 1). Claimed Expression 1 can be determined from Tan Fig. 1 annotated below with calculations in the table following. The iron-based porous amorphous alloy of Tan satisfies Expression 1.
PNG
media_image1.png
392
497
media_image1.png
Greyscale
No.
DA
DB
DA+DB/2
Expression 1
d (measured)
1
1.00
0.65
0.83
0.42 to 0.92
0.67
2
0.73
0.71
0.72
0.36 to 0.79
0.61
3
0.93
0.84
0.89
0.45 to 0.98
0.61
4
1.02
0.98
1.00
0.50 to 1.10
0.69
5
0.86
0.66
0.76
0.38 to 0.84
0.74
Kim discloses photographs showing the characteristics of the amorphous alloy porous body ([0012], Fig. 3). Claimed Expression 1 can be determined from Kim Fig. 3 annotated below with calculations in the table following. The iron-based porous amorphous alloy of Kim satisfies Expression 1.
PNG
media_image2.png
149
267
media_image2.png
Greyscale
PNG
media_image3.png
162
278
media_image3.png
Greyscale
PNG
media_image4.png
150
210
media_image4.png
Greyscale
No.
DA
DB
DA+DB/2
Expression 1
d (measured)
A-1
0.38
0.51
0.45
0.22 to 0.49
0.36
A-2
0.49
0.72
0.61
0.30 to 0.67
0.66
A-3
0.46
0.40
0.43
0.22 to 0.47
0.41
B-1
0.39
0.34
0.37
0.18 to 0.40
0.31
B-2
0.65
0.43
0.54
0.27 to 0.59
0.52
B-3
0.46
0.38
0.42
0.21 to 0.46
0.38
C-1
0.51
0.47
0.49
0.25 to 0.54
0.50
C-2
0.69
0.67
0.68
0.34 to 0.74
0.60
C-3
0.69
0.60
0.65
0.32 to 0.71
0.56
C-4
0.60
0.49
0.55
0.27 to 0.60
0.57
The applicant argues the connection of a powder particle with at least two bonding portions is critical (Remarks p. 9 para. 4).
Both Tan and Kim disclose the alleged critical feature of an amorphous powder particle being connected two adjacent powder particles at at least two bonding portions (Tan [0021], [0033]-[0034], Fig. 1; Kim [0020], [0039]-[0040], Fig. 3). Evidence to establish criticality of this feature has not been presented.
The applicant argues the network structure is formed by the claimed sintering process (Remarks p. 9 para. 5).
With respect to the sintering, Tan discloses the temperature and pressure (Tan [0033]) and Kim discloses the input energy and temperature (Kim [0032]-[0041], Fig. 3). The pending claims are directed to an amorphous metal porous body product. The prior art discloses the claimed composition (Tan [0033]; Demetriou [0070], [0073]) and claimed amorphous metal porous body network structure, pores, connection bodies, and distance (d) between centers of amorphous alloy powder particles (Tan [0021], [0033]-[0034], Fig. 1; Kim [0019]-[0020], [0039]-[0040], Fig. 3), such that, absent evidence to the contrary, the prior art anticipates and/or renders obvious the claimed amorphous metal porous body.
For the above cited reasons, the pending rejections over Tan and over Kim in view of Demetriou are maintained.
Claim Interpretation
Claim 1 line 13 “a uniformity of the pores” is interpreted in light of [98] of applicant’s specification, which states that “the uniformity of the pores is defined as a value obtained by dividing a pore diameter of the pore having the largest pore diameter among the plurality of pores 10 (maximum pore diameter) by a pore diameter of the pore having the smallest pore diameter among the plurality of pores 10 (minimum pore diameter)”.
Claim Rejections - 35 USC § 102/103
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.
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.
Claims 1, 2, and 9 are rejected under 35 U.S.C. 102(a)(1) as anticipated by or, in the alternative, under 35 U.S.C. 103 as obvious over Tan (CN 109338250 machine translation).
Regarding claim 1, Tan discloses an amorphous metal porous body that is a metal porous body including pores ([0033]-[0034], Fig. 1), comprising:
powder particle connection bodies in which at least portions of amorphous alloy powder particles adjacent to each other are connected in a network structure ([0021], [0033]-[0034], Fig. 1); and
a plurality of pores provided between the powder particle connection bodies ([0021], [0033]-[0034], Fig. 1), and
wherein the amorphous alloy powder particle includes an iron-based alloy having at least one element selected from the group consisting of Cr, Mo, Co, Cu, Al, Ti, V, Si, Ni, P, Zn, Zr, Nb, Ag, Ta, Mg, Sn, W, Y, B, and C, and Fe (Example 1 Fe48Cr25Mo20B4C3 amorphous powder) ([0033]),
wherein the powder particle connection body includes the amorphous alloy powder particles that are adjacent to each other and have portions of surfaces connected to each other at an outer face ([0021], [0033]-[0034], Fig. 1);
wherein the amorphous alloy powder particle is connected to adjacent alloy powder particles at at least two bonding portions to form the network structure ([0021], [0033]-[0034], Fig. 1);
wherein the powder particle connection bodies in which amorphous alloy powder particles adjacent to each other are connected in a network structure ([0021], [0033]-[0034], Fig. 1) is formed by a sintering step of supplying an input energy (700A DC pulse current), a temperature and a pressure to the amorphous alloy powder particles ([0033]); and
wherein the temperature is 400° C to 1,200° C (580° C) ([0033]); and
wherein the pressure is 10 MPa to 100 MPa (40 MPa) ([0033]).
Regarding a distance (d) between the centers of the amorphous alloy powder particles satisfies the following Expression 1: (Expression 1) 0.5 X (DA+DB)/2 d 1.1 X (DA+DB)/2 wherein each of DA and DB is a particle diameter of each of the adjacent amorphous alloy powder particles, Tan discloses an optical micrograph of iron-based porous amorphous composite alloy ([0021], Fig. 1). Claimed Expression 1 can be determined from Tan Fig. 1 annotated below with calculations in the table following. The iron-based porous amorphous alloy of Tan satisfies Expression 1.
PNG
media_image5.png
505
659
media_image5.png
Greyscale
No.
DA
DB
DA+DB/2
Expression 1
d (measured)
1
1.00
0.65
0.83
0.42 to 0.92
0.67
2
0.73
0.71
0.72
0.36 to 0.79
0.61
3
0.93
0.84
0.89
0.45 to 0.98
0.61
4
1.02
0.98
1.00
0.50 to 1.10
0.69
5
0.86
0.66
0.76
0.38 to 0.84
0.74
The claimed input energy of 0.1 to 0.5 kJ has been considered and determined to recite a product-by-process claim limitation. The pending claims are directed to an amorphous metal porous body product. The prior art discloses the claimed composition (Tan [0033]) and claimed amorphous metal porous body network structure, pores, connection bodies, and distance (d) between centers of amorphous alloy powder particles (Tan [0021], [0033]-[0034], Fig. 1), such that the claimed amorphous metal porous body product is anticipated or rendered obvious by the disclosure of the prior art (Tan).
“[E]ven though product-by-process claims are limited by and defined by the process, determination of patentability is based on the product itself. The patentability of a product does not depend on its method of product. If the product in the product-by-process claim is the same as or obvious from a product of the prior art, the claim is unpatentable even though the prior product was made by a different process.” MPEP 2113(I). “[T]he lack or physical description in a product-by-process claim makes determination of the patentability of the claim more difficult, since in spite of the fact that the claim may recite only process limitations, it is the patentability of the product claimed and not of the recited process steps which must be established. We are therefore of the opinion that when the prior art discloses a product which reasonably appears to be either identical with or only slightly different than a product claimed in a product-by-process claim, a rejection based alternatively on either section 102 or section 103 of the statute is eminently fair and acceptable….” MPEP 2113(III).
The claimed corrosion loss rate, hardness, density, and uniformity of pores have been considered and determined to recite properties of the claimed amorphous metal porous body product. The prior art discloses the claimed composition (Tan [0033]), the claimed amorphous metal porous body network structure, pores, connection bodies, and distance (d) between centers of amorphous alloy powder particles (Tan [0021], [0033]-[0034], Fig. 1), and the claimed sintering step ([0033]), such that the following claimed properties are anticipated or rendered obvious by the disclosure of the prior art (Tan): the amorphous metal porous body having a corrosion loss rate of 10.0% or less under a condition of 50% HF, a hardness of the amorphous metal porous body being 700 to 1,300 Hv, a density of the amorphous metal porous body being 1.5 to 7.0 g/cm3, and a uniformity of the pores being 1 to 30.
Where applicant claims a composition in terms of a function, property or characteristic and the composition of the prior art is the same as that of the claim but the function is not explicitly disclosed by the reference, the examiner may make a rejection under both 35 U.S.C. 102 and 103. MPEP 2112(III).
With respect to the powder particle connections and the pore uniformity, Tan discloses the iron-based porous amorphous composite alloy in Fig. 1, where the dark spots are pores. The Fig. 1 micrograph depicts amorphous alloy powder particles adjacent to each other being connected in a network structure. Further, the pore uniformity can be estimated using Tan’s Fig. 1 (applicant’s specification [98]). The largest pore is approximately 0.27” and the smallest pore is approximately 0.03”, which estimates a uniformity of the pores of 9 (0.27/0.03). This is within the scope of the claim and supports the assertion that the claimed property of uniformity of the pores is anticipated or rendered obvious by Tan.
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449
550
media_image6.png
Greyscale
Regarding claim 2, Tan discloses the powder particle connection body (iron-based porous amorphous composite alloy) includes a bonding portion at which portions of surfaces of the adjacent amorphous alloy powder particles are fused and bonded (sintered) to each other ([0021], [0033]-[0034], Fig. 1).
Regarding claim 9, Tan discloses the amorphous alloy powder particles ([0033]) include first and second amorphous alloy powder particles having different average particle diameters (crushing and milling Fe-based amorphous composite material necessarily produces first and second amorphous alloy powder particles having different average particle diameters because at least two particles produced by crushing and milling have different diameters) ([0032]).
Claim Rejections - 35 USC § 103
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Tan (CN 109338250 machine translation) as applied to claim 1 above, and further in view of Tanaka (US 2015/0017464).
In the event it is determined that claim 9 requires first amorphous alloy powder particles and second amorphous alloy powder particles with different average particle diameters, then the below rejection in view of Tanaka is applied.
Regarding claim 9, Tan is silent to first amorphous alloy powder particles and second amorphous alloy powder particles with different average particle diameters.
Tanaka discloses a porous sintered body ([0001]) manufactured with a first powder and a second powder with different particle sizes ([0024]).
It would have been obvious to one of ordinary skill in the art in the process of Tan to include a first powder and a second powder with different particle sizes because smaller particles have increased surface activity and decreased sintering initiation temperature such that the sintering temperature can be any temperature in which the first powder can retain desired form, which ensures form retention from the shape (Tanaka [0024]) and allows for the larger first powder by sintering the smaller second powder (Tanaka [0027]).
Claims 1, 2, and 9 are rejected under 35 U.S.C. 103 as being unpatentable over Tan (CN 109338250 machine translation) in view of Demetriou (US 2007/0048164) and Shapiro (US 3,961,909).
In the event it is determined that the properties of claim 1 require a manufacturing method of the amorphous metal porous body utilizing spherical powder, then the below rejection in view of Demetriou and Shapiro is applied.
Regarding claim 1, Tan discloses an amorphous metal porous body that is a metal porous body including pores ([0033]-[0034], Fig. 1), comprising:
powder particle connection bodies in which at least portions of amorphous alloy powder particles adjacent to each other are connected in a network structure ([0021], [0033]-[0034], Fig. 1); and
a plurality of pores provided between the powder particle connection bodies ([0021], [0033]-[0034], Fig. 1), and
wherein the amorphous alloy powder particle includes an iron-based alloy having at least one element selected from the group consisting of Cr, Mo, Co, Cu, Al, Ti, V, Si, Ni, P, Zn, Zr, Nb, Ag, Ta, Mg, Sn, W, Y, B, and C, and Fe (Example 1 Fe48Cr25Mo20B4C3 amorphous powder) ([0033]),
wherein the powder particle connection body includes the amorphous alloy powder particles that are adjacent to each other and have portions of surfaces connected to each other at an outer face ([0021], [0033]-[0034], Fig. 1);
wherein the amorphous alloy powder particle is connected to adjacent alloy powder particles at at least two bonding portions to form the network structure ([0021], [0033]-[0034], Fig. 1);
wherein the powder particle connection bodies in which amorphous alloy powder particles adjacent to each other are connected in a network structure ([0021], [0033]-[0034], Fig. 1) is formed by a sintering step of supplying an input energy (700A DC pulse current), a temperature and a pressure to the amorphous alloy powder particles ([0033]); and
wherein the temperature is 400° C to 1,200° C (580° C) ([0033]); and
wherein the pressure is 10 MPa to 100 MPa (40 MPa) ([0033]).
Regarding a distance (d) between the centers of the amorphous alloy powder particles satisfies the following Expression 1: (Expression 1) 0.5 X (DA+DB)/2 d 1.1 X (DA+DB)/2 wherein each of DA and DB is a particle diameter of each of the adjacent amorphous alloy powder particles, Tan discloses an optical micrograph of iron-based porous amorphous composite alloy ([0021], Fig. 1). Claimed Expression 1 can be determined from Tan Fig. 1 annotated below with calculations in the table following. The iron-based porous amorphous alloy of Tan satisfies Expression 1.
PNG
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505
659
media_image5.png
Greyscale
No.
DA
DB
DA+DB/2
Expression 1
d (measured)
1
1.00
0.65
0.83
0.42 to 0.92
0.67
2
0.73
0.71
0.72
0.36 to 0.79
0.61
3
0.93
0.84
0.89
0.45 to 0.98
0.61
4
1.02
0.98
1.00
0.50 to 1.10
0.69
5
0.86
0.66
0.76
0.38 to 0.84
0.74
The claimed input energy of 0.1 to 0.5 kJ has been considered and determined to recite a product-by-process claim limitation. The pending claims are directed to an amorphous metal porous body product. The prior art discloses the claimed composition (Tan [0033]) and claimed amorphous metal porous body network structure, pores, connection bodies, and distance (d) between centers of amorphous alloy powder particles (Tan [0021], [0033]-[0034], Fig. 1), such that the claimed amorphous metal porous body product is anticipated or rendered obvious by the disclosure of the prior art (Tan).
“[E]ven though product-by-process claims are limited by and defined by the process, determination of patentability is based on the product itself. The patentability of a product does not depend on its method of product. If the product in the product-by-process claim is the same as or obvious from a product of the prior art, the claim is unpatentable even though the prior product was made by a different process.” MPEP 2113(I).
Tan is silent to the claimed properties of powder particle connection bodies, corrosion loss, hardness, density, and uniformity of the pores.
Demetriou discloses an amorphous metal porous body (foam) ([0001]) including an iron-based alloy ([0070], [0073]) manufactured with spherical powder ([0022]).
Shapiro discloses a porous metal body (1:28-33) manufactured using spherical particles (3:44-53) that are bounded by the adjacent spherical surfaces (connected to each other in a network structure, the amorphous alloy powder particles that are adjacent to each other and have portions of surfaces connected to each other at an outer face) (7:1-11, Figs. 1, 2, 9).
It would have been obvious to one of ordinary skill in the art in the process of Tan to use spherical particles because they are an art recognized equivalent particulate shape to the alleged polygonal (irregularly) shaped particles of Tan (Applicant’s 8/26/2024 REMARKS E. para. 8; Tan [0031]-[0033]), where spherical particles result in a closer complete uniformity in pore size and characteristic, which advantageously results in more uniform, predictable, and reliable performance (Shapiro 3:44-53) and the use of spherical particles allows for a constant and controllable density and porosity of the body (Shapiro 3:21-35) and bounds the particles to adjacent spherical surfaces (powder particle connection bodies in which at least portions of alloy powder particles adjacent to each other are connected in a network structure) (Shapiro 7:1-11, Figs. 1, 2, 9).
Tan in view of Demetriou and Shapiro disclose the amorphous alloy powder particle is connected to adjacent alloy powder particles with at least two bonding portions to form the network structure (Tan [0034], Fig. 1; Shapiro 7:1-11, Figs. 1, 2, 9).
Tan in view of Demetriou and Shapiro also disclose an amorphous metal porous body (Tan [0034], Fig. 1; Demetriou [0001]) manufactured with spherical powder (Demetriou [0022]; Shapiro 3:44-53) to closely form completely uniform pore size (Shapiro 3:44-53) and to control the density and porosity of the body (Shapiro 3:21-35). Differences in concentration or temperature (or density or uniformity of the pores) will not support the patentability of subject matter encompassed by the prior art unless there is evidence indicating such concentration or temperature (or density or uniformity of the pores) is critical. “[W]here the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation.” MPEP 2144.05(II)(A).
The claimed corrosion loss rate of 10.0% or less under a condition of 50% HF and hardness of 700 to 1,300 HV have been considered and determined to recite properties of the claimed amorphous metal porous body. The prior art disclosed a composition (amorphous iron-based alloy, Tan [0021], [0034], Fig. 1), structure (metal porous body, Tan [0034], Fig. 1; Demetriou [001]; Shapiro 1:28-33), and processing (discharge plasma sintering, Tan [0033]) that is substantially similar to that recited in claim 1 and disclosed in applicant’s specification at [24]-[26] and [43] to make the claimed amorphous metal porous body, such that, the claimed properties naturally flow from the disclosure of the prior art, including a corrosion loss rate of 10.0% or less under a condition of 50% HF and a hardness of 700 to 1,300 HV.
Regarding claim 2, Tan in view of Demetriou and Shapiro disclose the powder particle connection body includes a bonding portion at which portions of surfaces of the adjacent amorphous alloy powder particles are fused and bonded to each other (Tan [0034], Fig. 1; Shapiro 7:1-11, Figs. 1, 2, 9).
Regarding claim 9, Tan discloses Fe-based amorphous powder ([0033]), which necessarily includes first and second amorphous alloy powder particles having different average particle diameters.
In the event it is determined that claim 9 requires first amorphous alloy powder particles and second amorphous alloy powder particles with different average particle diameters, then the below rejection in view of Shapiro is applied.
Tan is silent to first amorphous alloy powder particles and second amorphous alloy powder particles with different average particle diameters.
Shapiro discloses a porous sintered body (1:28-33) manufactured with a first powder and a second powder with different average particle diameters (4:45-52, 7:8-21, 55-56).
It would have been obvious to one of ordinary skill in the art in the process of Tan to include a first powder and a second powder with different average particle size diameters to advantageously achieve higher densities (Shapiro 4:45-52).
Claims 1, 2, and 9 are rejected under 35 U.S.C. 103 as being unpatentable over Kim (KR 2013-0109545 machine translation) in view of Demetriou (US 2007/0048164).
Regarding claim 1, Kim discloses an amorphous metal porous body that is a metal porous body including pores ([0009], [0017], [0031]-[0040], Fig. 3), comprising:
powder particle connection bodies in which at least portions of amorphous alloy powder particles adjacent to each other are connected in a network structure (current flows through the amorphous alloy powder, generating Joule heat while flowing along the surface of the powder, which melts or vaporizes the surface of the powder, forming a neck between the powders) ([0020], [0039], [0040], Fig. 3); and
a plurality of pores provided between the powder particle connection bodies (porous metal body) ([0009], [0017]), and
wherein the powder particle connection body includes the amorphous alloy powder particles that are adjacent to each other and have portions of surfaces connected to each other at an outer face (current flows through the amorphous alloy powder, generating Joule heat while flowing along the surface of the powder, which melts or vaporizes the surface of the powder, forming a neck between the powders) ([0020], [0039], [0040], Fig. 3), and
wherein the amorphous alloy powder particle is connected to adjacent alloy powder particles at at least two bonding portions to form the network structure (current flows through the amorphous alloy powder, generating Joule heat while flowing along the surface of the powder, which melts or vaporizes the surface of the powder, forming a neck between the powders) ([0020], [0039], [0040], Fig. 3);
wherein the powder particle connection bodies in which amorphous alloy powder particles adjacent to each other are connected in a network structure is formed by a sintering step of supplying an input energy, a temperature and a pressure to the amorphous alloy powder particles (current flows through the amorphous alloy powder, generating Joule heat while flowing along the surface of the powder, which melts or vaporizes the surface of the powder, forming a neck between the powders) ([0019]-[0020], [0039], [0040], Fig. 3); and
wherein the input energy is 0.1 to 0.5 kJ (0.1 kJ, 0.2 kJ, 0.3 kJ, 0.4 kJ) ([0032]-[0041]); and
wherein the temperature is 400° C to 1,200° C (DSC shows exothermic peaks between about 725 and 775 K, 452 to 502°C) ([0040], Fig. 3).
Regarding a distance (d) between the centers of the amorphous alloy powder particles satisfies the following Expression 1: (Expression 1) 0.5 X (DA+DB)/2 d 1.1 X (DA+DB)/2 wherein each of DA and DB is a particle diameter of each of the adjacent amorphous alloy powder particles, Kim discloses photographs showing the characteristics of the amorphous alloy porous body ([0012], [0031]-[0040], Fig. 3). Claimed Expression 1 can be determined from Kim Fig. 3 annotated below with calculations in the table following. The iron-based porous amorphous alloy of Kim satisfies Expression 1.
PNG
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149
267
media_image2.png
Greyscale
PNG
media_image3.png
162
278
media_image3.png
Greyscale
PNG
media_image4.png
150
210
media_image4.png
Greyscale
No.
DA
DB
DA+DB/2
Expression 1
d (measured)
A-1
0.38
0.51
0.45
0.22 to 0.49
0.36
A-2
0.49
0.72
0.61
0.30 to 0.67
0.66
A-3
0.46
0.40
0.43
0.22 to 0.47
0.41
B-1
0.39
0.34
0.37
0.18 to 0.40
0.31
B-2
0.65
0.43
0.54
0.27 to 0.59
0.52
B-3
0.46
0.38
0.42
0.21 to 0.46
0.38
C-1
0.51
0.47
0.49
0.25 to 0.54
0.50
C-2
0.69
0.67
0.68
0.34 to 0.74
0.60
C-3
0.69
0.60
0.65
0.32 to 0.71
0.56
C-4
0.60
0.49
0.55
0.27 to 0.60
0.57
Kim discloses in Production Examples 1-4 amorphous alloy powder of Zr41.2Ti13.8Cu12.5Ni10Be22.5 ([0031]-[0040], Fig. 3).
Kim is silent to the amorphous alloy powder particle including an iron-based alloy.
Demetriou discloses an amorphous metal porous body (foam) ([0002]) wherein the amorphous alloy powder particle includes an iron-based alloy having at least one element selected from the group consisting of Cr, Mo, Co, Cu, Al, Ti, V, Si, Ni, P, Zn, Zr, Nb, Ag, Ta, Mg, Sn, W, Y, B, and C, and Fe (Fe alloy with ferrous metal examples such as Fe72Al5Ga2P11C6B4 and Fe72Al7Zr10Mo5W2B15) ([0070], [0073]).
It would have been obvious to one of ordinary skill in the art for the amorphous alloy powder particles in Kim to be Fe72Al5Ga2P11C6B4 or Fe72Al7Zr10Mo5W2B15 because these alloys are sufficient for use (Demetriou [0073]) in amorphous metallic foam (i.e. porous body) (Kim [0009], [0017]; Demetriou [0002]) and Fe-based alloys are an art recognized equivalent to Zr-based alloys (Demetriou [0070]). It is prima facie obvious to substitute equivalents known for the same purpose. MPEP 2144.06(II).
The claimed pressure of 10 MPa to 100 MPa has been considered and determined to recite a product-by-process claim limitation. The pending claims are directed to an amorphous metal porous body product. The prior art discloses the claimed composition (Demetriou [0070], [0073]) and claimed amorphous metal porous body network structure, pores, connection bodies, and distance (d) between centers of amorphous alloy powder particles (Kim [0019]-[0020], [0039]-[0040], Fig. 3), such that the claimed amorphous metal porous body product naturally flows from the disclosure of the prior art (Kim in view of Demetriou).
The prior art product (i.e. amorphous metal porous body composition with a network structure and pores between connection bodies; Kim [0009], [0017], [0020], [0032], [0039], [0040], Fig. 3; Demetriou [0002], [0070], [0073]) and method of forming the porous amorphous alloy (i.e. electric discharge sintering amorphous alloy powder, Kim [0032]) are substantially similar to the claimed process and that taught in applicant’s specification (i.e. sintering amorphous alloy powder particles using electric energy as an input, applicant’s specification [24]-[26]) and the formed the claimed product. Therefore, the product of the prior art is substantially similar to the product claimed, including the claimed functions, properties, or characteristics of the amorphous metal porous body. The following claimed functions, properties, or characteristics of the amorphous metal porous body naturally flow from the teachings of the prior art (i.e. Kim in view of Demetriou):
The amorphous metal porous body having a corrosion loss rate of 10.0% or less under a condition of 50% HF.
A hardness of the amorphous metal porous body being 700 to 1,300 HV.
A density of the amorphous metal porous body being 1.5 to 7.0 g/cm2.
Alternatively, or in addition, Kim discloses porosity decreases as the applied electric energy increases ([0041]). Decreased porosity correlates to increased density, such that the density is a result-effective variable achieved through the amount of applied electric energy. The determination of the optimum or workable ranges of a particular parameter that is recognized as a result-effective variable is characterized as routine experimentation. MPEP 2144.05(II)(B).
Regarding claim 2, Kim discloses the powder particle connection body includes a bonding portion at which portions of surfaces of the adjacent amorphous alloy powder particles are fused and bonded to each other (current flows through the amorphous alloy powder, generating Joule heat while flowing along the surface of the powder, which melts or vaporizes the surface of the powder, forming a neck between the powders) ([0020], [0039], [0040], Fig. 3).
Regarding claim 9, Kim discloses the amorphous alloy powder particles include first and second amorphous alloy powder particles having different average particle diameters (amorphous alloy powder having a particle size range of 45 to 167 um, where since the powder has a size range, it necessarily includes a first powder particle and a second powder particle having different average particle diameters) ([0032]).
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Kim (KR 2013-0109545 machine translation) in view of Demetriou (US 2007/0048164) as applied to claim 1 above, and further in view of Tanaka (US 2015/0017464).
In the event it is determined that claim 9 requires first amorphous alloy powder particles and second amorphous alloy powder particles with different average particle diameters, then the below rejection in view of Tanaka is applied.
Regarding claim 9, Kim is silent to first amorphous alloy powder particles and second amorphous alloy powder particles with different average particle diameters.
Tanaka discloses a porous sintered body ([0001]) manufactured with a first powder and a second powder with different particle sizes ([0024]).
It would have been obvious to one of ordinary skill in the art in the process of Kim to include a first powder and a second powder with different particle sizes because smaller particles have increased surface activity and decreased sintering initiation temperature such that the sintering temperature can be any temperature in which the first powder can retain desired form, which ensures form retention from the shape (Tanaka [0024]) and allows for the larger first powder by sintering the smaller second powder (Tanaka [0027]).
Related Art
Furuta (US 5,850,590)
Furuta discloses making a porous sintered material (1:5-11) where the sintering process occurs in two stages and in the second stage the distance between the centers of the particles reduces, causing shrinkage (6:62 to 7:20, Figs. 7-9) and the progress of sintering is greatly influenced by the sintering temperature and time (7:21-33).
Olt (US 2,273,589)
Olt discloses sintering metal powders (1:1:1-4) to form a highly porous metal article (1:1:5-10) with closely controlled porosity (1:2:12-26), where spherical particles produces uniformity and greater porosity in the finished article (2:1:59-75).
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/STEPHANI HILL/Examiner, Art Unit 1735