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 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.
Claims 1-4 and 6-10 are rejected under 35 U.S.C. 103 as being unpatentable over JP’418 (JPH08-83418A, IDS dated 12/17/2025).
Regarding claims 1-2 and 9-10, JP’418 teaches ([0008] to [0069]; Figs. 1-9) a magnetic thin film composed of magnetic metal particles dispersed in a non-magnetic base material, wherein Co, Fe, Ni, etc., or alloys thereof are used as the magnetic metal particles, an element of the magnetic metal particles (magnetic element) is present in the non-magnetic base material, a compound represented by the general formula M-G is used as the material of the non-magnetic base material, M is at least one selected from the group consisting of Si, Al, Zr, Ti, In, Sn and B, G is at least one selected from the group consisting of O, N, and C, the filling ratio of the magnetic metal particles in the non-magnetic base material is 0.7 or less, preferably 0.5 or less (about 0.65 in the first and second embodiments), and the average particle size of the magnetic metal particles in the film plane is 3-4 nm.
JP’418 discloses ([0058] and [0059]) an example comprising a magnetic thin film composed of magnetic metal particles made of CoPt and a non-magnetic base material having a composition close to SiO2, the content of Si and O, which are constituent elements of the non-magnetic base material, is 5 atomic% or less in the central portion of the CoPt magnetic metal particles, and the content of Co, which is a magnetic element constituting the magnetic metal particles, is 5 atomic% or less in a specific region of the Al-O non-magnetic base material. Co and Pt are contained in the magnetic metal particles and the non-magnetic base metal in substantially the same ratio, the magnetic metal particles contain Co, Pt, Si and O in the following ratio: Co: Pt: (SiO2) =(42.5) : (42.5) : 5. In addition, in the non-magnetic base material, Co: Pt: (SiO2) = 5 : 5 : 90. Since SiO2 has a content ratio of about 1/3 Si and 2/3 O in the non-magnetic base material, the magnetic metal particles contain Co, Pt, Si and O in the following ratio: Co : Pt : Si : O=(42.5):(42.5):(5/3):(10/3), and the non-magnetic base material contain Co, Pt, SI and O in the following ratio: Co : Pt : Si : O= 5 : 5 : 30 : 60. According to the instant Specification, oxygen content is not considered when calculating the content ratio, the magnetic metal particles contain Co, Pt, and Si in the following ratio: Co : Pt : Si =49.0 : 49.0 : 1.9 , and the non-magnetic base materials contain Co, Pt, and Si in the following ratio: Co : Pt : Si=12.5 : 12.5 : 75 . Thus, (the content ratio of Co in the magnetic metal particles) / (the content ratio of Co in the non-magnetic base material) = 49/12.5= 3.92
JP’418 discloses ([0062] and [0063]) another example comprising a magnetic thin film composed of magnetic metal particles made of FeCo and a non-magnetic base material having a composition close to Al2O3, the content of Al and O, which are constituent elements of the non-magnetic base material, is 5 atomic% or less in the central portion of the FeCo magnetic metal particles, and the content of Co and Fe, which are magnetic elements constituting the magnetic metal particles, is 5 atomic% or less in a specific region of the Al-O non-magnetic base material. Since Fe and Co are contained in the magnetic metal particles and the non-magnetic base metal in substantially the same ratio, the magnetic metal particles contain Fe, Co and Al-O in the following ratio: Fe: Co: (Al2O3) = 42.5 : 42.5 : 5; and the non-magnetic base material contain Fe, Co and Al-O in the following ratio: Fe: Co: (Al2O3) = 5 : 5 : 90. In a non-magnetic base material having a composition close to Al2O3, the ratio of Al and O is 2/5 and 3/5, respectively. Thus, the magnetic metal particles contain Fe, Co, Al and O in the following ratio: Fe: Co: Al: O=42.5: 42.5: 2.0: 3.0, and the non-magnetic base material contain Fe, Co, Al and O in the following ratio: Fe: Co: Al: O=5 : 5 : 36 : 54 . According to the instant Specification, oxygen content is not considered when calculating the content ratio, the magnetic metal particles contain Fe, Co and Al in the following ratio: Fe: Co: Al=48.85 : 48.85 : 2.30 , and the non-magnetic base materials contain Fe, Co and Al in the following ratio: Fe: Co: Al = 10.87 : 10.87 : 78.26. Thus, (the content ratio of Fe in the magnetic metal particles) / (the content ratio of Fe in the non-magnetic base material) = 48.85/10.87= 4.49, and (the content ratio of Co in the magnetic metal particles) / (the content ratio of Co in the non-magnetic base material) = 48.85/10.87= 4.49. Therefore, JP’418 discloses a magnetic film having the largest one of A(Fe1)/A(Fe2) and A(Co1)/A(Co2) overlapping the recited ratio in claim 1. 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). See MPEP 2144.05 I. Thus, claim 1 is obvious over JP’418.
Regarding claim 3, JP’418 discloses that the magnetic phase is FeCo ([0062]; [0063]). It’s well-known to one of ordinary skill in the art that FeCo has bcc structure. Thus, claim 3 is obvious over JP’418.
Regarding claim 4, as set forth in the rejection of claim 1 using the second example of JP’148, A(Fe1)/A(Fe2)=4.49 and A(Co1)/A(Co2)=4.49. {A(Co1)/A(Co2)} / {A(Fe1)/A(Fe2)}=1, which is close to the recited ratio in claim 4. A prima facie case of obviousness exists where the claimed ranges or amounts do not overlap with the prior art but are merely close. Titanium Metals Corp. of America v. Banner, 778 F.2d 775, 783, 227 USPQ 773, 779 (Fed. Cir. 1985). See MPEP 2144.05 I. Thus, claim 4 is obvious over JP’418.
Regarding claim 6, JP’418 discloses that the magnetic thin film is used in a magnetic recording medium or a magnetic recording / reproducing device (Abstract), which meets the recited limitation in claim 6.
Regarding claims 7 and 8, as set forth in the rejection of claim 1 using the second example of JP’148, the magnetic metal particles contain Fe, Co and Al in the following ratio: Fe: Co: Al=48.85 : 48.85 : 2.30. Thus, (Fe+Co) / (Fe+Co+Al)=97.7%, which meets the limitation recited in claims 7 and 8.
Allowable Subject Matter
Claim 5 is 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.
Conclusion
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/XIAOWEI SU/Primary Examiner, Art Unit 1733
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