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 .
Election/Restrictions
Applicant’s election of Group I, claims 1-8 in the reply filed on 12/16/2025 is acknowledged. Because applicant did not distinctly and specifically point out the supposed errors in the restriction requirement, the election has been treated as an election without traverse (MPEP § 818.01(a)).
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 1-8 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 term “a main component “in claims 1-8 is a relative term which renders the claim indefinite. The term “a main component” is 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. The specification does not define that what ratio of the mass of the potassium sodium niobate-based perovskite type complex oxide represented by compositional formula ABO3 to the mass of the piezoelectric ceramic composition is considered as a main component.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1, and 3-6 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by “Thermally-induced phase transformations in KNNS-BNKZ lead-free piezoceramics" Tangsritrakul et al.
Regarding claim 1, Tangsritrakul et al. discloses a piezoelectric ceramic composition, a perovskite phase composite oxide comprising the main constituent composition formula (K, Na, Sb) NbO3-(Bi, Na, K) ZrO3( (Bi. Na, K) ZrO3 as the main constituent, and the A-site comprising Bi and the B-site comprising Zr). Tangsritrakul et al. discloses that the piezoelectric composition comprises region 2, which is read on segregation part within crystal grains, and at least one of Zr and Bi is distributed in the region 2. See Figures 2 and 3.1 Microstructure section.
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Regarding claims 3 and 4, segregation parts containing higher concentrations of Bi and Zr, thus lower mass% of Bi and Zr at the grain boundary.
Regarding claim 5, Figure 2 shows the plurality of segregation portions located within one or more grains comprises a first segregation portion having an equivalent circle diameter of 0.05 µm or more.
Regarding claim 6, Figure 2 shows a plurality of first segregating portions at more than one ratio per 5 µm2.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 3-4 and 7 -8 is/are rejected under 35 U.S.C. 103 as being unpatentable over “Thermally-induced phase transformations in KNNS-BNKZ lead-free piezoceramics" Tangsritrakul et al.
Regarding claims 3-4 and 7-8, Tangsritrakul et al. disclose a piezoelectric ceramic composition, a perovskite phase composite oxide comprising the main constituent composition formula (K, Na, Sb) NbO3-(Bi, Na, K) ZrO3 ((Bi. Na, K) ZrO3 as the main constituent, and the A-site comprising Bi and the B-site comprising Zr). Tangsritrakul et al. discloses that the piezoelectric composition comprises region 2, which is read on segregation part within grains, and at least one of Zr and Bi is distributed in the region 2. See Figures 2 and 3.1 Microstructure section.
Although Tangsritrakul et al. do not measure the mass of the Zr or Bi in the grain boundary, they do teach a piezoelectric ceramic composition made by calcinating under 1140°C for 3h. See 2. Experimental methods, first paragraph. Where the claimed and prior art products are identical or substantially identical in structure or composition, or are produced by identical or substantially identical processes, a prima facie case of either anticipation or obviousness has been established. In re Best, 562 F.2d 1252, 1255, 195 USPQ 430, 433 (CCPA 1977). 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. "[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." In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA 1955)
Conclusion
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/SHUANGYI ABU ALI/Primary Examiner, Art Unit 1731