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 6 – page 7, 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. In addition, since Applicant has amended claims 1 and 10, respectively, to remove the proportion alternatives, an α-Fe phase and an α-(Fe, Co) phase, Applicant has changed the scope such that a new ground of rejection needed to be established to replace the previous rejection that relied on an α-Fe phase. Claims 1, 3 – 6, 9 – 10, 12 – 15, and 18 – 20 rejected under 35 U.S.C. 103 as being unpatentable over Hagiwara et al. in view of Kuniyoshi et al. and further in view of Kojima et al. and Claims 8 and 17 rejected under 35 U.S.C. 103 as being unpatentable over Hagiwara et al. in view of Kuniyoshi et al., Kojima 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 rejected under 35 U.S.C. 103 as being unpatentable over Hagiwara et al. in view of Kuniyoshi et al. and further in view of Kojima 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 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).
Kojima et al. discloses:
a density of the permanent magnet is 7.00 g/cm3 or more (Kojima et al. c. 30, l. 41 – 46 disclose a sintered alloy compact that has a high density of 7.45 g/cm3),
and a proportion of a total of an R2Fe14B phase, and an R2(Fe, Co)14B phase is 10 volume% (Kojima et al. c. 3, l. 56 – 59 disclose a hard magnetic phase which comprises an R2Fe14B phase can be 10 volume%) or less.
Hagiwara et al., Kuniyoshi et al., and Kojima et al. disclose sintered permanent magnets therefore, Kuniyoshi et al. and Kojima et al. constitute as prior art. Kuniyoshi et al. discloses a sintered permanent magnet having a residual magnetization and Kojima et al. discloses a sintered alloy compact having a high density and a volume% of a hard magnetic phase that comprises an R2Fe14B 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., and a density of the permanent magnet is 7.00 g/cm3 or more and a proportion of a total of an R2Fe14B phase, and an R2(Fe, Co)14B phase is 10 volume% or less of Kojima 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., and Kojima 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., and Kojima 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., and Kojima 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., and Kojima 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., and Kojima 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 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).
Kojima et al. discloses:
a density of the permanent magnet is 7.00 g/cm3 or more (Kojima et al. c. 30, l. 41 – 46 disclose a sintered alloy compact that has a high density of 7.45 g/cm3),
and a proportion of a total of an R2Fe14B phase, and an R2(Fe, Co)14B phase is 10 volume% (Kojima et al. c. 3, l. 56 – 59 disclose a hard magnetic phase which comprises an R2Fe14B phase can be 10 volume%) or less.
Hagiwara et al., Kuniyoshi et al., and Kojima et al. disclose sintered permanent magnets therefore, Kuniyoshi et al. and Kojima et al. constitute as prior art. Kuniyoshi et al. discloses a sintered permanent magnet having a residual magnetization and Kojima et al. discloses a sintered alloy compact having a high density and a volume% of a hard magnetic phase that comprises an R2Fe14B 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., and a density of the permanent magnet is 7.00 g/cm3 or more and a proportion of a total of an R2Fe14B phase, and an R2(Fe, Co)14B phase is 10 volume% or less of Kojima 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., and Kojima 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., and Kojima 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., and Kojima 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., and Kojima 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., and Kojima 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., and Kojima 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., and Kojima 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 rejected under 35 U.S.C. 103 as being unpatentable over Hagiwara et al. in view of Kuniyoshi et al., Kojima et al., and further in view of Nakamura et al.
Regarding Claim 8, Hagiwara et al., Kuniyoshi et al., and Kojima et al. disclose the permanent magnet according to claim 1.
Hagiwara et al., Kuniyoshi et al., and Kojima 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., Kojima 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., and Kojima et al. disclose the permanent magnet according to claim 10.
Hagiwara et al., Kuniyoshi et al., and Kojima 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., Kojima 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
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 THEODORE L PERKINS whose telephone number is (703)756-4629. The examiner can normally be reached 8:00am- 17:00pm.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Christopher Koehler can be reached on (571) 272-3560. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/THEODORE L PERKINS/Examiner, Art Unit 2834
/TERRANCE L KENERLY/Primary Examiner, Art Unit 2834
Prosecution Insights