PERMANENT MAGNET AND ROTARY ELECTRIC MACHINE

Application No. 18/177,162

• Filed: Mar 02, 2023
• Priority: May 31, 2022 — JP 2022-088778
• Examiner: PERKINS, THEODORE L
• Art Unit: 2834
• Tech Center: 2800 — Semiconductors & Electrical Systems
• Assignee: Kabushiki Kaisha Toshiba
• OA Round: 4 (Non-Final)

Office 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 .
Response to Arguments
Applicant’s arguments, page 7 lines 17 – 30 thru page 11 lines 1 – 10, with respect to claims 1, 3 – 6, 8 – 10, 12 – 15, and 17 – 20 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument. Claims 1, 3 – 6, 9 – 10, 12 – 15, and 18 – 20 are rejected under 35 U.S.C. 103 as being unpatentable over Hagiwara et al. in view of Kuniyoshi et al. (US 6482353 B1), Nozawa et al., and further in view of Sakurada et al. and Claims 8 and 17 are rejected under 35 U.S.C. 103 as being unpatentable over Hagiwara et al. in view of Kuniyoshi et al., Nozawa et al., Sakurada et al., and further in view of Nakamura et al.

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:
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.
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.

Claims 1, 3 – 6, 9 – 10, 12 – 15, and 18 – 20 are rejected under 35 U.S.C. 103 as being unpatentable over Hagiwara et al. in view of Kuniyoshi et al., Nozawa et al., and further in view of Sakurada et al.
Regarding Claim 1, Hagiwara et al. discloses a permanent magnet (15) (Hagiwara et al. Fig. 1) represented by a composition formula 1:
RxNbyBtM100-x-y-t (Hagiwara et al. Para [0006] lines 1 – 6),
where R is at least one element selected from the group consisting of rare-earth elements (Hagiwara et al. Para [0006] lines 2 – 3),
M is at least one element selected from the group consisting of Fe and Co (Hagiwara et al. Para [0006] lines 3 – 4),
x is a number satisfying 4.0 < x ≤ 11.0 atomic% (Hagiwara et al. Para [0006] line 4),
y is a number satisfying 0 ≤ y ≤ 6.5 atomic% (even though Hagiwara et al. Para [0006] lines 4 – 5 has a different range for y, there is still a number for y that satisfies both expression ranges),
and t is a number satisfying 0 ≤ t < 12.0 atomic% (Hagiwara et al. Para [0006] line 5),
the permanent magnet (Hagiwara et al. Fig. 1) comprising:
a main phase having a TbCu7 crystal phase (Hagiwara et al. Para [0006] lines 5 – 7), wherein the permanent magnet being a sintered compact (Hagiwara et al. Para [0043] lines 1),
50 atomic% or more of the R element is Sm (Hagiwara et al. Para [0015] lines 6 – 8).
Hagiwara et a. does not disclose:
a residual magnetization of the permanent magnet is 0.83 T or more,
a density of the permanent magnet is 7.00 g/cm3 or more,
and a proportion of a total of an α-Fe phase, an α-(Fe, Co) phase, an R2Fe14B phase, and an R2(Fe, Co)14B phase is 10 volume% or less.

Kuniyoshi et al. discloses:
a residual magnetization of the permanent magnet is 0.83 T or more (Kuniyoshi et al. c. 11, l. 25 discloses a sintered permanent magnet that has a residual magnetic flux density Br of 1.41T, which is more than 0.83 T).
Nozawa et al. discloses:
a density of the permanent magnet is 7.00 g/cm3 or more (Nozawa et al. Para [0148] lines 6 – 7
discloses a sintered permanent magnet having a density of 7.5 Mg/m3, which equals 7.5 g/m3).
Sakurada et al. discloses:
wherein a proportion of at least one phase selected from the group consisting of an α-Fe phase, an α-(Fe, Co) phase, an R2Fe14B phase, and an R2(Fe, Co)14B phase is 10 volume% or less (Sakurada et al. Para [0019] whole paragraph discloses a sintered magnet having a total amount of at least one α-Fe phase and an α-(Fe, Co) phase be 10 volume percent or less).
Hagiwara et al., Kuniyoshi et al., Nozawa et al., and Sakurada et al. disclose sintered permanent magnets therefore, Kuniyoshi et al., Nozawa et al., and Sakurada et al. constitute as prior art. Kuniyoshi et al. discloses a sintered permanent magnet having a residual magnetization, Nozawa et al. discloses a sintered permanent magnet with a resultant compact density, and Sakurada et al. discloses a method of preparing a permanent magnet having at least one hetero-phase. It would be obvious for a person of ordinary skill in the art before the effective filing date of the claimed invention to have a residual magnetization of the permanent magnet is 0.83 T or more of Kuniyoshi et al., a density of the permanent magnet is 7.00 g/cm3 or more of Nozawa et al., and a proportion of a total of an α-Fe phase, an α-(Fe, Co) phase, an R2Fe14B phase, and an R2(Fe, Co)14B phase is 10 volume% or less of Sakurada et al. for the purpose of 1) having the permanent magnet retain a strong magnetic field after an external magnetic field is removed, 2) having a permanent magnet to have a stronger magnetic field, increased resistance, and improved mechanical strength, and 3) reducing coercive force in the permanent magnet.
Regarding Claim 3, Hagiwara et al., Kuniyoshi et al., Nozawa et al., and Sakurada et al. disclose the permanent magnet according to claim 1, wherein 1 atomic% or more and 50 atomic% or less of the R element is Y (Hagiwara et al. Para [0023 – 0024] whole paragraph).
Regarding Claim 4, Hagiwara et al., Kuniyoshi et al., Nozawa et al., and Sakurada et al. disclose the permanent magnet according to claim 1, wherein 50 atomic% or less of the Nb element is replaced with at least one element selected from the group consisting of Zr, Hf, and Ta (Hagiwara et al. Para [0020] lines 1 – 2).
Regarding Claim 5, Hagiwara et al., Kuniyoshi et al., Nozawa et al., and Sakurada et al. disclose the permanent magnet according to claim 1, wherein 50 atomic% or more of the M element is Fe (Hagiwara et al. Para [0021] lines 3 – 4).
Regarding Claim 6, Hagiwara et al., Kuniyoshi et al., Nozawa et al., and Sakurada et al. disclose the permanent magnet according to claim 1, wherein 20 atomic% or less of the M element is replaced with at least one element selected from the group consisting of Ni, Cu, V, Cr, Mn, Al, Si, Ga, Ta, W, Ti, and Mo (Hagiwara et al. Para [0021] lines 13 – 16).
Regarding Claim 9, Hagiwara et al., Kuniyoshi et al., Nozawa et al., and Sakurada et al. disclose the permanent magnet according to claim 1, wherein at least one element selected from the group consisting of nitrogen (N), carbon (C), hydrogen (H), and phosphorus (P) is contained (Hagiwara et al. Para [0027] lines 1 – 2).
Regarding Claim 10, A permanent magnet (15) (Hagiwara et al. Fig. 1) represented by a composition formula 3:
RxNbyBtM100-x-y-t (Hagiwara et al. Para [0006] lines 1 – 2),
where R is at least one element selected from the group consisting of rare-earth elements (Hagiwara et al. [006] lines 2 – 3),
M is at least one element selected from the group consisting of Fe and Co (Hagiwara et al. Para [0006] lines 2 – 3),
x is a number satisfying 4.0 < x ≤ 11.0 atomic% (Hagiwara et al. Para [0006] line 4),
y is a number satisfying 0 ≤ y ≤ 6.5 atomic% (even though Hagiwara et al. Para [0006] lines 4 – 5 has a different range for y, there is still a number for y that satisfies both expression ranges),
and t is a number satisfying 0 ≤ t < 12.0 atomic% (Hagiwara et al. Para [0006] line 5),
the permanent magnet (Hagiwara et al. Fig. 1) comprising:
a main phase having a ThMn12 crystal phase (Hagiwara et al. Para [0006] lines 5 – 7),
wherein the permanent magnet being a sintered compact (Hagiwara et al. Para [0043] lines 1),
50 atomic% or more of the R element is Sm (Hagiwara et al. Para [0015] lines 6 – 8).
Hagiwara et a. does not disclose:
a residual magnetization of the permanent magnet is 0.83 T or more,
a density of the permanent magnet is 7.00 g/cm3 or more,
and a proportion of a total of an α-Fe phase, an α-(Fe, Co) phase, an R2Fe14B phase, and an R2(Fe, Co)14B phase is 10 volume% or less.
Kuniyoshi et al. discloses:
a residual magnetization of the permanent magnet is 0.83 T or more (Kuniyoshi et al. c. 11, l. 25 discloses a sintered permanent magnet that has a residual magnetic flux density Br of 1.41T, which is more than 0.83 T).
Nozawa et al. discloses:
a density of the permanent magnet is 7.00 g/cm3 or more (Nozawa et al. Para [0148] lines 6 – 7
discloses a sintered permanent magnet having a density of 7.5 Mg/m3, which equals 7.5 g/m3).
Sakurada et al. discloses:
wherein a proportion of at least one phase selected from the group consisting of an α-Fe phase, an α-(Fe, Co) phase, an R2Fe14B phase, and an R2(Fe, Co)14B phase is 10 volume% or less (Sakurada et al. Para [0019] whole paragraph discloses a sintered magnet having a total amount of at least one α-Fe phase and an α-(Fe, Co) phase be 10 volume percent or less).
Hagiwara et al., Kuniyoshi et al., Nozawa et al., and Sakurada et al. disclose sintered permanent magnets therefore, Kuniyoshi et al., Nozawa et al., and Sakurada et al. constitute as prior art. Kuniyoshi et al. discloses a sintered permanent magnet having a residual magnetization, Nozawa et al. discloses a sintered permanent magnet with a resultant compact density, and Sakurada et al. discloses a method of preparing a permanent magnet having at least one hetero-phase. It would be obvious for a person of ordinary skill in the art before the effective filing date of the claimed invention to have a residual magnetization of the permanent magnet is 0.83 T or more of Kuniyoshi et al., a density of the permanent magnet is 7.00 g/cm3 or more of Nozawa et al., and a proportion of a total of an α-Fe phase, an α-(Fe, Co) phase, an R2Fe14B phase, and an R2(Fe, Co)14B phase is 10 volume% or less of Sakurada et al. for the purpose of 1) having the permanent magnet retain a strong magnetic field after an external magnetic field is removed, 2) having a permanent magnet to have a stronger magnetic field, increased resistance, and improved mechanical strength, and 3) reducing coercive force in the permanent magnet.
Regarding Claim 12, Hagiwara et al., Kuniyoshi et al., Nozawa et al., and Sakurada et al. disclose the permanent magnet according to claim 10, wherein 1 atomic% or more and 50 atomic% or less of the R element is Y (Hagiwara et al. Para [0023 – 0024] whole paragraph).
Regarding Claim 13, Hagiwara et al., Kuniyoshi et al., Nozawa et al., and Sakurada et al. disclose the permanent magnet according to claim 10, wherein 50 atomic% or less of the Nb element is replaced with at least one element selected from the group consisting of Zr, Hf, Ta, and Ti (Hagiwara et al. Para [0020] lines 1 – 2).
Regarding Claim 14, Hagiwara et al., Kuniyoshi et al., Nozawa et al., and Sakurada et al. disclose the permanent magnet according to claim 10, wherein 50 atomic% or more of the M element is Fe (Hagiwara et al. Para [0021] lines 3 – 4).
Regarding Claim 15, Hagiwara et al., Kuniyoshi et al., Nozawa et al., and Sakurada et al. disclose the permanent magnet according to claim 10, wherein 20 atomic% or less of the M element is replaced with at least one element selected from the group consisting of Ni, Cu, V, Cr, Mn, Al, Si, Ga, Ta, W, Ti, and Mo (Hagiwara et al. Para [0021] lines 13 – 16).
Regarding Claim 18, Hagiwara et al., Kuniyoshi et al., Nozawa et al., and Sakurada et al. disclose the permanent magnet according to claim 10, wherein the permanent magnet contains at least one element selected from the group consisting of nitrogen (N), carbon (C), hydrogen (H), and phosphorus (P) (Hagiwara et al. Para [0027] lines 1 – 2).
Regarding Claim 19, Hagiwara et al., Kuniyoshi et al., Nozawa et al., and Sakurada et al. disclose a rotary electric machine, (31) (Hagiwara et al. Fig. 3), comprising:
a stator(32) (Hagiwara et al. Fig. 3);
and a rotor (33) (Hagiwara et al. Fig. 3),
wherein the stator or the rotor includes the permanent magnet according to claim 1 (see above in rejection of claim 1).
Regarding Claim 20, Hagiwara et al., Kuniyoshi et al., Nozawa et al., and Sakurada et al. disclose the rotary electric machine according to claim 19, wherein the rotor is connected to a turbine (34) via a shaft (35) (Hagiwara et al. Fig. 3).
Claims 8 and 17 are rejected under 35 U.S.C. 103 as being unpatentable over Hagiwara et al. in view of Kuniyoshi et al., Nozawa et al., Sakurada et al., and further in view of Nakamura et al.
Regarding Claim 8, Hagiwara et al., Kuniyoshi et al., Nozawa et al., and Sakurada et al. disclose the permanent magnet according to claim 1.
Hagiwara et al., Kuniyoshi et al., Nozawa et al., and Sakurada et al. does not disclose:
wherein a filling factor of the permanent magnet is 85.0% or more and 99.9% or less.
Nakamura et al. discloses:
wherein a filling factor of the permanent magnet is 85.0% or more and 99.9% or less (Nakamura et al. Para [0044] lines 7 – 9).
Hagiwara et al., Kuniyoshi et al., Nozawa et al., Sakurada et al., and Nakamura et al. disclose a sintered permanent magnet therefore, Nakamura et al. constitutes prior art. Nakamura et al. discloses a method of preparing a rare earth magnet with an upper limit of filling factor of the permanent magnet being equal to or less than 95% by volume. It would have been obvious for a person of ordinary skill in the art before the effective filing date of the claimed invention to have wherein a filling factor of the permanent magnet is 85.0% or more and 99.9% or less of Nakamura et al. for the purpose of a desired magnet composition (see Nakamura et al. Para [0044] lines 1 – 3).
Regarding Claim 17, Hagiwara et al., Kuniyoshi et al., Nozawa et al., and Sakurada et al. disclose the permanent magnet according to claim 10.

Hagiwara et al., Kuniyoshi et al., Nozawa et al., and Sakurada et al. do not disclose:
wherein a filling factor of the permanent magnet is 85.0% or more and 99.9% or less.
Nakamura et al. discloses:
wherein a filling factor of the permanent magnet is 85.0% or more and 99.9% or less (Nakamura et al. Para [0044] lines 7 – 9).
Hagiwara et al., Kuniyoshi et al., Nozawa et al., Sakurada et al., and Nakamura et al. disclose a sintered permanent magnet therefore, Nakamura et al. constitutes prior art. Nakamura et al. discloses a method of preparing a rare earth magnet with an upper limit of filling factor of the permanent magnet being equal to or less than 95% by volume. It would have been obvious for a person of ordinary skill in the art before the effective filing date of the claimed invention to have wherein a filling factor of the permanent magnet is 85.0% or more and 99.9% or less of Nakamura et al. for the purpose of a desired magnet composition (see Nakamura et al. Para [0044] lines 1 – 3).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to THEODORE L PERKINS whose telephone number is [phone]. The examiner can normally be reached 8:00am- 17:00pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Christopher Koehler can be reached on [phone]. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/THEODORE L PERKINS/Examiner, Art Unit 2834
/TERRANCE L KENERLY/Primary Examiner, Art Unit 2834

Prosecution Timeline

• Mar 02, 2023: Application Filed
• Sep 13, 2024: Non-Final Rejection mailed — §103
• Dec 11, 2024: Interview Requested
• Dec 19, 2024: Applicant Interview (Telephonic)
• Dec 19, 2024: Examiner Interview Summary
• Jan 10, 2025: Response Filed
• Mar 27, 2025: Final Rejection mailed — §103
• May 12, 2025: Interview Requested
• May 21, 2025: Applicant Interview (Telephonic)
• May 23, 2025: Examiner Interview Summary
• Jun 13, 2025: Interview Requested
• Jun 17, 2025: Applicant Interview (Telephonic)
• Jun 23, 2025: Examiner Interview Summary
• Jun 27, 2025: Response after Non-Final Action
• Jun 27, 2025: Notice of Allowance
• Jul 09, 2025: Response after Non-Final Action
• Oct 20, 2025: Final Rejection mailed — §103
• Nov 19, 2025: Interview Requested
• Dec 03, 2025: Examiner Interview Summary
• Dec 03, 2025: Applicant Interview (Telephonic)
• Jan 20, 2026: Notice of Allowance
• Jan 20, 2026: Response after Non-Final Action
• Feb 04, 2026: Response after Non-Final Action
• Mar 20, 2026: Request for Continued Examination
• Mar 24, 2026: Response after Non-Final Action
• Apr 08, 2026: Non-Final Rejection mailed — §103 (current)