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 .
Election/Restrictions
Applicant’s election without traverse of Group I, claims 1-5 in the reply filed on 12/15/2025 is acknowledged.
Claims 6-11 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 12/15/2025.
Claim Objections
Claims 4 and 5 are objected to under 37 CFR 1.75(c) as being in improper form because a multiple dependent claim cannot depend from any other multiple dependent claim. See MPEP § 608.01(n). Accordingly, the claims have not been further treated on the merits.
Claims 2-3 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Claim 2 is directed towards the ceramic according to claim 1 containing, in mass %: at least one selected from MgO, Y2O3, CeO2, CaO and HfO2, and at least one selected from TiO2, Al2O3, SiO2, MoO3, CrO, CoO, ZnO, Ga2O3, Ta2O5, NiO and V2O5.
Claim 3 is directed towards a crystal phase of ZrO2 is one of a crystal phase being a tetragonal crystal, a crystal phase being a tetragonal crystal and a monoclinic crystal, a crystal phase being a cubic crystal, a crystal phase being a cubic crystal and a tetragonal crystal, and a crystal phase being a cubic crystal and a monoclinic crystal.
The closest prior art is Takami et al. (JPS6433072A, hereinafter referred to as Takami, first cited in the requirement for restriction dated 10/15/2025). Takami discloses a silicon nitride sintered body, which Examiner notes corresponds to a ceramic (see Takami at the Title from the machine translation). Takami discloses an example of a Si3N4 ceramic comprising 25.3 wt.% ZrO2, 4.7 wt.% wt.% Y2O3, and 16.7 wt.% SiC (see Takami at Table 1, Example 9) . This provides a total of Si3N4 of 100-25.3-4.7-16.7= 53.3 wt.% Si3N4. However, per instant claim 2, Takami does not disclose or make obvious n mass %: at least one selected from MgO, Y2O3, CeO2, CaO and HfO2, and at least one selected from TiO2, Al2O3, SiO2, MoO3, CrO, CoO, ZnO, Ga2O3, Ta2O5, NiO and V2O5. Per instant claim 3, Takami does not disclose or make obvious a crystal phase of ZrO2 is one of a crystal phase being a tetragonal crystal, a crystal phase being a tetragonal crystal and a monoclinic crystal, a crystal phase being a cubic crystal, a crystal phase being a cubic crystal and a tetragonal crystal, and a crystal phase being a cubic crystal and a monoclinic crystal.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
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) 1 is/are rejected under 35 U.S.C. 103 as being unpatentable over Takami.
Regarding claim 1, Takami discloses a ceramic containing (see Takami at the Title, disclosing a silicon nitride sintered body, which Examiner notes corresponds to a ceramic), in mass %: Si3N4: 20.0 to 60.0% (see Takami at Table 1, Example 9, disclosing an example of a Si3N4 ceramic comprising 25.3 wt.% ZrO2, 4.7 wt.% wt.% Y2O3, and 16.7 wt.% SiC. This provides a total of Si3N4 of 100-25.3-4.7-16.7= 53.3 wt.% Si3N4, which is within the claimed range.), ZrO2: 25.0 to 70.0% (see Takami at Table 1, Example 9, disclosing an example of a Si3N4 ceramic comprising 25.3 wt.% ZrO2, which is within the claimed range.), at least one selected from SiC and AlN: 2.0 to 17.0% (see Takami at Table 1, Example 9, disclosing an example of a Si3N4 ceramic comprising 16.7 wt.% SiC, which is within the claimed range.), where AlN is 10.0% or less (see Takami at Table 1, Example 9, disclosing an example of a Si3N4 ceramic comprising 0% AlN, which is within the claimed range.), at least one selected from MgO, Y2O3, CeO2, CaO, HfO2, TiO2, Al2O3, SiO2, MoO3, CrO, CoO, ZnO, Ga2O3, Ta2O5, NiO and V2O5: 5.0 to 15.0% (see Takami at Table 1, Example 9, disclosing an example of a Si3N4 ceramic comprising 4.7 wt.% Y2O3, which is close to touching the claimed range.) 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), second paragraph), wherein Fn calculated from the following equation (1) satisfies 0.02 to 0.40, Fn = (SiC+3AlN) / (Si3N4+ZrO2) … (1) (see Takami at Table 1, Example 9, disclosing an example of a Si3N4 ceramic comprising 25.3 wt.% ZrO2, 4.7 wt.% wt.% Y2O3, and 16.7 wt.% SiC. This provides a total of Si3N4 of 100-25.3-4.7-16.7= 53.3 wt.% Si3N4, which provides a Fn value of (16.7+0) / (53.3+25.3) = 0.21, which is within the claimed range.).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CAMERON K MILLER whose telephone number is (571)272-4616. The examiner can normally be reached M-F 8:00am - 5:00pm EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Amber Orlando can be reached at (571) 270-3149. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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CAMERON K MILLER
Examiner
Art Unit 1731
/CAMERON K MILLER/Examiner, Art Unit 1731