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 Objections
Claim 1 is objected to because of the following informalities: “O7” in line one. The seven should be a subscript. Appropriate correction is required.
Claim 9 is objected to because of the following informalities: “SM” in line four. Samarium is written as Sm. Appropriate correction is required.
Claim Rejections - 35 USC § 102
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.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-6 and 9-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by D’Souza et al. (US20150014591).
Regarding claim 1, D’Souza et al. discloses a pyrochlore having a structure of AxBy-zCzO7 (page 1, paragraph 0009). In this structure: A can be yttrium which is a rare earth element, B can be molybdenum which is a transition metal, C can ruthenium or iridium. The subscript x must be greater than or equal to 0 and less than or equal to two. The subscript y-z must be greater than or equal to zero and less than or equal to two. The subscript z must be greater than or equal to zero and less than or equal to two. The table below illustrates an example.
Letter
Element
Subscript
A (corresponds to RE)
Yttrium (Y)
x=2
B (corresponds to M)
Molybdenum (Mo)
z=0.5 y=2, y-z=1.5
C (corresponds to Ru/Ir)
Ruthenium (Ru)
z=0.5
O
Oxygen (O)
7
Final compound = Y2Ru0.5Mo1.5O7. This compound satisfies the formula of claim one when x = 0.25.
Regarding claim 2, D’Souza et al. discloses RE that is yttrium or neodyium (page 1, paragraph 0009).
Regarding claim 3, D’Souza et al. discloses M that is molybdenum or zirconium (page 1, paragraph 0009).
Regarding claim 5, D’Souza et al. discloses a RE that is yttrium and M that is molybdenum (page 1, paragraph 0009).
Regarding claim 9, D’Souza et al. discloses a RE that is neodymium and M that is molybdenum or a RE that is neodymium and M that is zirconium (page 1, paragraph 0009).
Regarding claim 11, D’Souza et al. discloses the compound with an x value less than or equal to 0.95 and greater than or equal to 0.10 as seen in the table above.
Regarding claim 12, D’Souza et al. discloses the compound with an x value less than or equal to 0.85 and greater than or equal to 0.10 as seen in the table above.
Regarding claim 13, D’Souza et al. discloses the compound with an x value less than or equal to 0.6 and greater than or equal to 0.2 as seen in the table above.
Regarding claim 14, D’Souza et al. discloses a compound that has an x value that is less than or equal to 0.95 and greater than or equal to 0.0 as seen in the table above. The combination of yttrium and molybdenum is disclosed in the patent (page 1, paragraph 009)..
Regarding claim 16, D’Souza et al. discloses the compound with an x value less than or equal to 0.80 and greater than or equal to 0.2 as seen in the table above.
Regarding claim 17, D’Souza et al. discloses the compound with an x value less than or equal to 0.60 and greater than or equal to 0.2 as seen in the table above.
Regarding claim 18, D’Souza et al. discloses a compound that has an x value that is less than or equal to 0.9 and greater than or equal to 0.0 as seen in the table above. The combination of neodymium and molybdenum is disclosed in the patent (page 1, paragraph 009).
Regarding claim 20, D’Souza et al. discloses the compound with an x value less than or equal to 0.60 and greater than or equal to 0.2 as seen in the table above.
Regarding claim 4, 6, 10, 15, and 19, D’Souza does not calculate an oxygen 2p-band center. However, the reference discloses a synthesized pyrochlore compound containing the same elements in the same amounts. Therefore, it is the position of the examiner that the oxygen 2p-band center would inherently be the same. When the examiner has reason to believe that the functional language asserted to be critical for establishing novelty in a claimed subject matter may in fact be an inherent characteristic of the prior art, the burden of proof is shifted to Applicants to prove that the subject matter shown in the prior art does not possess the characteristics relied upon. In re Fitzgerald et al. 205 USPQ 594.
Claims 1-8 and 11-17 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Hoffman et al. (EP0013977).
Regarding claim 1, Hoffman et al. discloses a pyrochlore compound (MxBi2-x)(M’yM’’2-y)O7-z (page 3, line 20-36) (page 4, line 1-5). In this structure: M can be yttrium which is a rare earth element, M’ can be chromium which is a transition metal, and M’’ can ruthenium or iridium. The subscript x can be 0-2. The subscript y can be 0-0.5. The subscript z can be 0-1. The table below illustrates an example.
Letter
Element
Subscript
M (corresponds to RE)
Yttrium (Y)
x=2
Bi (Bismuth)
Bismuth (Bi)
x=2, 2-2=0
M’ (corresponds to M)
Chromium (Cr)
y=0.5
M’’ (corresponds to Ru/Ir)
Ruthenium (Ru)
y=0.5, 2-0.5=1.5
O
Oxygen (O)
z=0, 7-0=7
Final compound = Y2Ru1.5Cr0.5O7. This compound satisfies the formula of claim one when x = 0.75.
Regarding claim 2, Hoffman et al. discloses a RE that is yttrium or in the group of rare earth metals (Dy, Er, Eu, Ho, Nd, Pr, Sm, Tb, or Yb) (page 3, line 20-36) (page 4, line 1-5).
Regarding claim 3, Hoffman et al. discloses a M that is chromium, titanium, or antimony (page 3, line 20-36) (page 4, line 1-5).
Regarding claim 5, Hoffman et al. discloses a RE that is yttrium and M that is titanium, a RE that is holmium and M that is antimony, or a RE that is yttrium and M that is antimony, (page 3, line 20-36) (page 4, line 1-5).
Regarding claim 7, Hoffman et al. discloses a RE that is yttrium and M that is chromium, a RE that is holmium and M that is chromium, a RE that is neodymium and M that is antimony, a RE that is samarium and M that is titanium, or a RE that is yttrium and M that is antimony (page 3, line 20-36) (page 4, line 1-5).
Regarding claim 9, Hoffman et al. discloses a RE that is neodymium and M that is chromium, a RE that is neodymium and M that is titanium, a RE that is samarium and M that is antimony, or a RE that is ytterbium and M that is titanium.
Regarding claim 11, Hoffman et al. discloses the compound with an x value less than or equal to 0.95 and greater than or equal to 0.10 as seen in the table above.
Regarding claim 12, Hoffman et al. discloses the compound with an x value less than or equal to 0.85 and greater than or equal to 0.10 as seen in the table above.
Regarding claim 14, Hoffman et al. discloses a compound that has an x value that is less than or equal to 0.95 and greater than or equal to 0.0 as seen in the table above. The combinations of yttrium and titanium, holmium and antimony, and yttrium and antimony are disclosed in the patent (page 3, line 20-36) (page 4, line 1-5).
Regarding claim 16, Hoffman et al. discloses the compound with an x value less than or equal to 0.80 and greater than or equal to 0.2 as seen in the table above.
Regarding claim 18, Hoffman et al. discloses a compound that has an x value that is less than or equal to 0.9 and greater than or equal to 0.0 as seen in the table above. The combinations of neodymium and chromium, neodymium and titanium, samarium and antimony, and ytterbium and titanium are disclosed in the patent (page 3, line 20-36) (page 4, line 1-5).
Regarding claims 4, 6, 8, 10, 15, and 19 Hoffman does not calculate an oxygen 2p-band center. However, the reference discloses a synthesized pyrochlore compound containing the same elements in the same amounts. Therefore, it is the position of the examiner that the oxygen 2p-band center would inherently be the same. When the examiner has reason to believe that the functional language asserted to be critical for establishing novelty in a claimed subject matter may in fact be an inherent characteristic of the prior art, the burden of proof is shifted to Applicants to prove that the subject matter shown in the prior art does not possess the characteristics relied upon. In re Fitzgerald et al. 205 USPQ 594.
Conclusion
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/DAVID ANDREW CALDERON/Examiner, Art Unit 1742 /CHRISTINA A JOHNSON/Supervisory Patent Examiner, Art Unit 1742
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