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 .
Specification
The lengthy specification has not been checked to the extent necessary to determine the presence of all possible minor errors. Applicant’s cooperation is requested in correcting any errors of which applicant may become aware in the specification.
The disclosure is objected to because of the following informalities:
The disclosed formula for the W-type hexagonal ferrite on page 5 is incorrect. The correct formula for W-type hexagonal ferrites is AMe2Fe16O27, wherein A is at least one divalent metal of Ba, Ca, Sr and Pb; Me is at least one of divalent metal selected from Fe, Co, Mg, Mn, Ni, Zn, Cu and Cr.
In addition, the specification teaches the W-type hexagonal ferrite has the compositional formula ACaMe2Fe16O27, which limits the amounts of each element in the ferrite to a single amount, and then defines the ferrite in terms of amount ranges. The specification also teaches there is a charge balance variable D and M2d, but these variables are not in the given compositional formula.
It is unclear what is the individual amounts of Hf, Zr, Nb and Ta since the specification only teaches the total amount of Zr and Hf and the total amount of Nb and Ta. It is unclear to which variable or where in the disclosed formula the taught aluminum and gallium belong. It is noted that paragraph [0271]-[0275] teaches Al and Ga partially substitute for Fe, but this is not reflected in the teachings on pages 5-6.
The teachings in paragraphs [0158] and [0319] that the amount of calcium is outside the amount for the structural formula and it is present in the grain boundary of the ferrite, the A site for W-type hexagonal ferrites of AMe2Fe16O27 and partially substitutes for Fe in W-type hexagonal ferrites of AMe2Fe16O27. This indicates that the taught ferrite has the disclosed general formula ACaxMey(Fe2m-zM(2d)z)O27-δ, as taught in the examples, and the taught ferrite has W-type hexagonal ferrite as the main phase of the ferrite. This is different from the disclosure on pages 5 and 6.
Finally, it is unclear what materials are encompassed by “nonmagnetic body”, besides the glass and resin taught in paragraph [0308]. It is also unclear if the dispersing component of the taught paste would be considered as a “nonmagnetic body”. Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claim 9 is rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
This claim teaches a sintered body comprising the fired result of the composition of claim 1. The specification teaches, for example in paragraph [0059], a sintered body obtained by firing the composition of claim 1. The sintered body taught in the specification is different from that claimed in that the body of the specification consists of the composition of claim 1, while that claimed can contain other materials besides the composition of claim 1. This discrepancy between what is claimed and what is taught in the specification needs to be corrected.
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 1-13 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.
The claims are so indefinite so as to preclude a reasonable search of the prior art by the examiner. The claimed formula for the W-type hexagonal ferrite is incorrect. In addition, the claims teach the W-type hexagonal ferrite has the compositional formula ACaMe2Fe16O27, which limits the amounts of each element in the ferrite to a single amount, and then defines the ferrite in terms of amount ranges. The claims also teaches there is a charge balance variable D and M2d, but these variables are not in the given compositional formula. It is unclear what is the individual amounts of Hf, Zr, Nb and Ta since the claims only teach the total amount of Zr and Hf and the total amount of Nb and Ta. Finally, it is unclear to which variable or where in the claimed formula the claimed aluminum and gallium belong.
Claim 9 is indefinite as to what is meant by “a fired result of the …composition according to claim 1”. This wording is unconventional. Usually, claimed to a sintered body are written as “A sintered body comprising the composition of claim 1” or in using similar language.
Claims 10 and 11 are indefinite as to what materials applicants consider as “a non- magnetic body”. Claims 12 and 13 recite the limitation "the sintered body according to claim 6". There is insufficient antecedent basis for this limitation in the claims or in claim 6. It is noted that it is clear 9 that teaches a sintered body, not claim 6.
Conclusion
WO 2020/162295 is cited as of interest since it teaches a soft magnetic composition having the same composition as that claimed in this application. Since WO 2020/162295 has the same inventor and assignee as this application and was published less than 1 year before the effective filing date of this application, which is 8/5/2021l, it is not prior art under the 35 USC 102(b)(1) and 102(b)(2) exceptions.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to C. MELISSA KOSLOW whose telephone number is (571)272-1371. The examiner can normally be reached Mon-Tues:7:45-3:45 EST;Thurs-Fri:6:30-2:00EST; and Wed:7:45-2:00EST.
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/C Melissa Koslow/Primary Examiner, Art Unit 1734
cmk
9/18/25