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 .
Claim Objections
Claim 1 is objected to because of the following informalities:
In line 1 “acomposite” should be changed to “a composite”.
Appropriate correction is required.
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 5,6,7,12 and 13 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.
Claim 5 is indefinite in that it allows for 0 percent ceramic matrix. This is contrary to claim 1 on which it depends which requires wollastonite fibers embedded in the ceramic matrix. It is submitted zero or small amounts of ceramic matrix would not allow the fibers to be embedded therein.
The other claims are rejected based on their dependency on claim 5.
The following is a quotation of 35 U.S.C. 112(d):
(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph:
Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
Claims 5,6,7,12 and 13 are rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends.
Claim 5 does not further limit claim 1 in that it allows for 0 percent ceramic matrix. This is contrary to claim 1 on which it depends which requires wollastonite fibers embedded in the ceramic matrix. It is submitted zero or small amounts of ceramic matrix would not allow the fibers to be embedded therein.
The other claims are rejected due to their dependency on claim 5.
Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements.
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) 1,4,5,6,8,9,10,11,12,13 and 21 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Takahashi et al. (US 2003/0050180).
Takahashi et al. (US 2003/0050180) teaches a composite material comprising wollastonite fibers embedded within a ceramic matrix. The composite is formed by mixing wollastonite fibers, a ceramic matrix material and glassy bonding phase [0009][0025] or precursors of a glassy bonding phase (see Fig 1); depositing the mixture into a mold (extruder and roller- Example 1); and sintering the mixture at a temperature of at least 800°C (Figure 2) to partially transform the wollastonite fibers into a glassy bonding phase [0014][0019]. The reference also discloses the wollastonite is a source of calcium for reactions [0019].
Note the instant specification indicates the glassy bond phase containing calcium, silicon and aluminum is at least partly a result of firing the mixture including clay and wollastonite (page 8 -lines 8-16)
Claim(s) 1,4,5,6,8,9,10,11,12,13 and 21 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by CN 102351555 A.
CN 102351555 A teaches a composite material comprising wollastonite fibers embedded within a ceramic matrix. The reference discloses that mullite is present in the final product. The composite is formed by mixing wollastonite fibers, a ceramic matrix material (pyrophyllite, pencil stone, quartz and feldspar) and glassy bonding phase or precursors of a glassy bonding phase (clay); depositing the mixture into a mold (dry pressing); and sintering the mixture at a temperature of 1125-1170°C.
Note the instant specification indicates the glassy bond phase containing calcium, silicon and aluminum is at least partly a result of firing the mixture including clay and wollastonite (page 8 -lines 8-16)
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) 1,4,5,6,7,8,12 and 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over JP H09202668 A in view of JP 2009263577 A.
JP H09202668 A teaches a composite material comprising fibers embedded within a ceramic matrix, wherein the fibers are bonded to the ceramic matrix by a glassy bonding phase comprising a component comprising silica. JP H09202668 A discloses that the matrix and the fibers can be SiC. The reference discloses that the composite material has high strength and toughness values and has high mechanical properties and reliability at high temperatures.
With respect to the claimed ingredient amount, where 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 this particular case it is submitted that it would be obvious to one of ordinary skill in the art to determine the specific composition of the glassy phase and component (i.e. matrix/glass/fiber) amounts. In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA 1955). MPEP 2144.05 II A
JP H09202668 A does not disclose that the fibers are wollastonite. JP 2009263577 A discloses that either SiC fibers or wollastonite fibers can be used to reinforce a ceramic matrix composite. Simple substitution of one known element for another to obtain predictable results would have been obvious to one skilled in the art at the time of the invention. KSR.
Claim(s) 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over over JP H09202668 A in view of JP 2009263577 A as applied to claims 1,4,5,6,7,8,12 and 13 above, and further in view of DE 10222258 A1
JP H09202668 A does not disclose the addition of graphite. DE 10222258 A1 discloses ceramic composites may be reinforced with combinations of graphite fibers and SiC fibers. It would have been obvious to one of ordinary skill in the art at the time of the invention to add graphite fibers to the composite of JP H09202668 A in view of the teaching that combinations of reinforcing fibers may be used.
With respect to claimed composition ranges, where 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 this particular case it is submitted that it would be obvious to one of ordinary skill in the art to determine the optimal ingredient amounts. In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA 1955). MPEP 2144.05 II A
Claim(s) 16-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over JP H09202668 A in view of JP 2009263577 A as applied to claims 1,4,5,6,7,8,12 and 13 above, and further in view of Cooper (US 2018/0195513).
JP H09202668 A does not disclose the particular claimed components.
Cooper discloses a rotor/shaft for use in molten metal pumps and degassers (abstract). Cooper discloses that the components can comprise ceramics (see e.g. claims 2,7 and 8). It would have been obvious to one of ordinary skill in the art at the time of the invention to form these parts from the composite material disclosed in JP H09202668 A because of the properties of the materials disclosed in that reference.
The configuration of the claimed product is a matter of choice which a person of ordinary skill in the art would have found obvious absent persuasive evidence that the particular configuration of the claimed container was significant. MPEP 2144.04 IV B.
Claim(s) 5,6,12 and 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over CN 102351555 A.
CN 102351555 A teaches a composite material comprising wollastonite fibers embedded within a ceramic matrix as discussed above.
[0018] discloses a mixture of:
15-55 % wollastonite fibers and pyrophyllite;
15-25% clay
1-3% of talc;
0-10% of quartz.
In the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists. In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990). MPEP 2144.05 I.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHRISTOPHER A FIORILLA whose telephone number is (571)272-1187. The examiner can normally be reached M-TH 6am-4pm.
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/CHRISTOPHER A FIORILLA/Primary Examiner, Art Unit 1731