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 . The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Anticipation Rejections:
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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 24-27 are rejected under 35 U.S.C. 102a2 as being anticipated by Gogotsi et al. 20210101839.
Gogotsi teaches, especially in para 62, a variety of materials such as CrNbC2 (which simplifies to 0.5 of each metal).
For claims 25 and 26, x=0.5.
Claim 24 is rejected under 35 U.S.C. 102a1 as being anticipated by Rodrigues et al. 20070286781.
Rodrigues teaches, especially in ex. 9, Mo/Nb carbide.
Claims 24-27 are rejected under 35 U.S.C. 102a1 as being anticipated by Neuenschwander et al. 3340020.
Neuenschwander teaches, especially in Table 2 and ex. 4, mixed carbides of Ti/V (1:1), Ti/Ta (2:1) and Ta/W2 (1:0.45, which is 1:0.9 in atomic ratio of the metals). In example 10 however, it appears that equimolar amounts of Ta and W are used, which appears to meet claim 27.
For claims 25-26, 1:1 of the metals simplifies to coefficients of 0.5.
Claims 24-27 are rejected under 35 U.S.C. 102a1 as being anticipated by Froes et al. 20020197200.
Froes teaches, especially in para 31, Ti0.5Zr0.5 carbide, which is of course the same as Zr0.5Ti0.5C.
For claims 25 and 26, x=0.5.
Claims 24-26 are rejected under 35 U.S.C. 102a1 as being anticipated by Kopyt 6436356.
Kopyt teaches, especially in col. 11, TaNbC2 and TiWC2. This is equivalent to coefficients of 0.5 for the metals and 1 for carbon.
For claims 25 and 26, x=0.5.
Claim 24 is rejected under 35 U.S.C. 102a1 as being anticipated by Miyake et al. 4008090.
Miyake teaches, especially in Table 4 and ex. 5, Ti/W carbide.
Claim 24 is rejected under 35 U.S.C. 102a1 as being anticipated by Perfect 3982924.
Perfect teaches, especially in the examples, Fe14.4/V41.6C44 carbide (ex. 1), which is approximately FeV3C3 and FeNb2C3 (ex.2).
Claim 24 is rejected under 35 U.S.C. 102a1 as being anticipated by Tobin et al. 3758662.
Tobin teaches, especially in col. 1, mixed carbides such as Ti/Zr, Nb/Zr and Ta/Zr.
Claim 24 is rejected under 35 U.S.C. 102a1 as being anticipated by Clar et al. 3380839.
Clar teaches, especially in example 2, solid solution of Ti/V (67-33) carbide.
Claims 24-26 are rejected under 35 U.S.C. 102a1 as being anticipated by Liu article.
Liu teaches Ti2V2C4 carbide, which simplifies to Ti0.5V0.5C. See table 1.
For claims 25 and 26, x=0.5.
Claim 24 is rejected under 35 U.S.C. 102a1 as being anticipated by Jacobson 3205042.
Jacobson teaches, especially in ex. 9 and 10, Ti/Zr carbide.
Claim 24 is rejected under 35 U.S.C. 102a1 as being anticipated by Triffleman 3013875.
The reference teaches, especially in ex. 5, Ti/W6.5 carbide.
Obviousness Rejection:
Claims 24-27 are rejected under 35 U.S.C. 103 as being unpatentable over Kaufmann.
Kaufmann teaches, especially on page 2, carbides that have been generated by a machine learning model. It is obvious to use the model to predict properties of materials as well as predict what materials will have the desired properties because that is what it was explicitly built to do. Note also page 1, which discusses generation of ‘hundreds of billions’ of compositions. Given that Kaufmann desires similar properties and compositions, it is obvious to ask for useful materials and get the same results.
Applicant's arguments filed 12/19/25 have been fully considered but they are not persuasive.
As there are ‘only’ 131 million possible combinations of 6 metal carbides (assuming 70 metals in the periodic table that have been synthesized in amounts large enough to know their properties), Kauffman’s billions of results must therefore also include carbides of fewer metals. The number of combinations is 70!/(64!6!).
There was no certification for the Liu reference submitted and thus a fee is due, and must be included with the next response.
Other matters:
The title of this application should be changed to reflect that carbides are claimed.
It is noted that ‘columbium’ is an arcane name for niobium.
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to STUART L HENDRICKSON whose telephone number is (571)272-1351. The examiner can normally be reached on Monday-Friday from 9 to 5. If attempts to reach the examiner by telephone are unsuccessful, the examiner's supervisor, Anthony Zimmer, can be reached on 571-270-3591. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/STUART L HENDRICKSON/Primary Examiner, Art Unit 1736
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