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 1, claims 1-10 and 15 in the reply filed on 12/08/2025 is acknowledged.
Claims 11-14 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim.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 12/08/2025.
Claim Rejections - 35 USC § 102
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) 1-7 and 15 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Ito et al. (WO2020196505 with reference to machine translation, hereinafter referred to as Ito).
Regarding claim 1, Ito discloses a sintered body comprising: zirconia (See Ito at the Abstract from the machine translation, disclosing a zirconia sintered body); iron (see Ito at Table 6, [0160] from the original WIPO publication, disclosing Example 24 of a zirconia sintered body comprising 0.266 wt.% Fe2O3); cobalt (see Ito at Table 6, [0160] from the original WIPO publication, disclosing Example 24 of a zirconia sintered body comprising 0.133 wt.% Co3O4); and titanium (see Ito at Table 6, [0160] from the original WIPO publication, disclosing Example 24 of a zirconia sintered body comprising 6.31 mol% TiO2, which corresponds to approximately 4 wt.% TiO2), wherein a total iron and cobalt content is more than 0.1 mass% and less than 3 mass% (see Ito at Table 6, [0160] from the original WIPO publication, disclosing Example 24 of a zirconia sintered body comprising 0.133 wt.% Co3O4 and 0.266 wt.% Fe2O3 for a combined content of approximately 0.399 wt.%) and a titanium content is more than 3 mass% (see Ito at Table 6, [0160] from the original WIPO publication, disclosing Example 24 of a zirconia sintered body comprising 6.31 mol% TiO2, which corresponds to approximately 4 wt.% TiO2).
Regarding claim 2, Ito discloses a mass ratio of an iron content to a cobalt content is less than 4 (see Ito at Table 6, [0160] from the original WIPO publication, disclosing Example 24 of a zirconia sintered body comprising 0.133 wt.% Co3O4 and 0.266 wt.% Fe2O3 for a mass ratio of iron to cobalt of 0.266/0.133= 2).
Regarding claim 3, Ito discloses the iron and the cobalt are contained as a solid solution containing iron and cobalt (see Ito at the third to last paragraph of page 8 from the machine translation, disclosing a solid solution containing cobalt and iron is contained).
Regarding claim 4, Ito discloses the zirconia contains at least one element selected from the group consisting of yttrium (Y), calcium (Ca) and magnesium (Mg) (see Ito at Table 6, [0160] from the original WIPO publication, disclosing Example 24 of a zirconia sintered body comprising Y2O3).
Regarding claim 5, Ito discloses the zirconia contains more than 3 mol% and 10 mol% or less of the at least one element selected from the group consisting of yttrium (Y), calcium (Ca) and magnesium (Mg) (see Ito at Table 6, [0160] from the original WIPO publication, disclosing Example 24 of a zirconia sintered body comprising 4.0 mol% Y2O3).
Regarding claim 6, Ito discloses further comprising alumina (see Ito at Table 6, [0160] from the original WIPO publication, disclosing Example 24 of a zirconia sintered body comprising Al2O3).
Regarding claim 7, Ito discloses a ratio of cobalt regions exceeding 5.0 µm2 in an element map obtained with an electron probe microanalyzer under conditions below is 55% or less: Measurement method: wavelength-dispersive Accelerating voltage: 15 kV Irradiation current: 300 nA Analysis area: 51.2 µm x 51.2 µm Number of fields of view: 3 to 5 Measurement sample: sintered body with surface roughness (Ra) < 0.02 µm (see Ito at the second to last paragraph of page 8 from the machine translation, disclosing the proportion of the cobalt region exceeding 5.0 µm2 in the element mapping by the electron probe microanalyzer is preferably 15% or less.).
Regarding claim 15, Ito discloses a member comprising the sintered body (see Ito at the second paragraph of page 2, disclosing members).
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) 8-10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ito.
Regarding claim 8, Ito discloses the zirconia has an average crystal grain size of 1.2 µm or more and 2.5 µm or less (see Ito at the fourth to last paragraph of page 8 from the machine translation, disclosing the average crystal grain size of zirconia contained in the opaque zirconia portion is preferably … 2.5 µm or less, which overlaps with the claimed range.) In the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists (see MPEP 2144.05).
Regarding claim 9, Ito discloses the sintered body has a biaxial flexure strength of 1000 MPa or more and 1350 MPa or less as measured from a 1 mm-thick sample in accordance with ISO/DIS 6872 (See Ito at the fifth to last paragraph of page 5 from the machine translation, disclosing a biaxial flexural strength of 600 MPa or more … and 2000 MPa or less, which overlaps with the claimed range.).
Regarding claim 10, Ito discloses a color tone of the sintered body in a L*a*b* color space has a lightness L* of 10 or less, a chromaticity a* of -2.00 or more and 2.00 or less and a chromaticity b* of -2.00 or more and 5.00 or less (see Ito at the third paragraph of page 8 from the machine translation, disclosing an L* of 10 or less… b* is -2.00 or more and 5.00 or less ... a* is -3.00 or more and 0.80 or less, which overlaps with 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