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 U.S.C. § 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 of this title, 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 27-31 are rejected under 35 U.S.C. § 103 as being unpatentable over Park et al., KR 20090027317 A in view of Liu et al., CN 101717982 A. Machine translations were used for Park et al. [hereinafter Park] and Liu et al. [hereinafter Liu].
The body of the claim is generally written with parentheses following the limitations indicating the prior art’s teachings and/or examiner notes.
27. The following references teach the claim.
I. Park
A colored (the anodized niobium would inherently have a color; Park p. 7 para. 1, figs. 3-4) product (rear cover of a mobile phone battery; id.) manufactured according to the method of claim 1 (this is a product-by-process limitation, and Liu teaches the product and thus does not need to teach claim 1’s process), comprising:
(1) a product substrate (niobium metal body; id.); and
(2) a… metal oxide layer and/or a lithium-containing compound layer formed on the surface of the product substrate (anodizing niobium will result in niobium oxide; id.),
wherein the product substrate is made of material selected from the group consisting of tantalum, niobium, and a tantalum-niobium alloy (niobium; id.).
II. Amorphous - Liu
Park is silent on amorphous.
However, the specification states:
Preferably, the anodic oxidation method is carried out under the following conditions: the temperature of the electrolyte solution is 20°C-600°C, the anode voltage is 1V-800V, the constant voltage time is 0.01-2 hours, and the boosting current density is 1-200mA/cm2, so as to form an amorphous metal oxide layer on the surface of substrates such as shell substrates and mobile phone shell substrates.
App. Spec. p. 8 (emphasis added).
Park teaches the anodic oxidation method can be carried out by the temperature of the electrolyte solution is within 20°C-600°C (24-27°C; Park p. 7 para. 2).
Park is silent on the voltage, time, and current density. However, Park must anodize with some voltage, time, and current density. Park further teaches the anodization of titanium and niobium, which shows that they may be anodized under similar conditions with a reasonable expectation of success. Id.
Liu teaches the anodic oxidation method of titanium can be carried out with the anode voltage is 1V-800V (8-96 V; Liu [0023], [0028]), the constant voltage time is 0.01-2 hours (1-10 minutes; id.), and the boosting current density is 1-200mA/cm2 (5-10 A/dm2, or 50-100 mA/cm2; id.).
Therefore, it would have been obvious with a reasonable expectation of success to a person having ordinary skill in the art before the effective filing date of the claimed invention to have modified the aforementioned prior art’s anodization conditions with Liu’s 8-96 V, 1-10 minutes, and 50-100 mA/cm2 to yield the predictable result of having suitable conditions to anodize with.
Because the prior art teaches the conditions that the specification teaches would lead to an amorphous metal oxide layer, Liu would inherently form an amorphous metal oxide layer.
28. The colored product according to claim 27, wherein the amorphous metal oxide selected from the group consisting of amorphous tantalum pentoxide, amorphous niobium pentoxide, amorphous titanium dioxide, and mixtures thereof (because the prior art teaches the anodization conditions that lead to the amorphous metal oxide layer, the layer would inherently be amorphous niobium pentoxide). See claim 27 rejection.
29. The colored product according to claim 27, wherein the lithium-containing compound selected from the group consisting of lithium tantalate, lithium niobate, and mixtures thereof (the prior art teaches the amorphous metal oxide layer embodiment option taught in claim 27 so does not need to teach the lithium containing compound layer embodiment option).
30-31. (Claim 30) The colored product according to claim 27, wherein the colored product is a mobile phone shell, computer shell, ring, bracelet, necklace, watch strap, Buddha statue, human figure, or animal image, and (claim 31) the colored product according to claim 30, wherein the mobile phone shell is a mobile phone body outer shell, a mobile phone decorative outer shell, or a mobile phone protective outer shell (rear cover of a mobile phone battery would be a mobile phone protective outer shell). Park p. 7 para. 1, figs. 3-4.
Alternatively, Liu teaches the use of anodized metals for mobile phone cases. Liu [0004]. A person having ordinary skill in the art would have recognized that if Park’s cover is good enough for a mobile phone battery, it would be good enough for the rest of the whole mobile phone case.
Therefore, it would have been obvious with a reasonable expectation of success to a person having ordinary skill in the art before the effective filing date of the claimed invention to have modified the aforementioned prior art’s product to cover the whole mobile phone case.
Claim 28 is rejected under 35 U.S.C. § 103 as being unpatentable over Park in view of Liu as applied to claim 27 previously, and further in view of Rigo et al., U.S. Patent No. 4,108,736 [hereinafter Rigo].
28. This serves as an alternative rejection for claim 28.
Rigo teaches niobium pentoxide is an anodized coating that provides strength and anti-corrosion protection. Rigo col. 2 ll. 6-45, col. 4 ll. 17-35, col. 5 ll. 6-15.
Therefore, it would have been obvious with a reasonable expectation of success to a person having ordinary skill in the art before the effective filing date of the claimed invention to have modified the aforementioned prior art’s niobium oxide to be niobium pentoxide to provide strength and anti-corrosion protection.
Response to Arguments
Applicant’s arguments have been considered but are moot because the arguments do not apply to the new grounds of rejection.
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 Hosung Chung whose telephone number is (571)270-7578. The examiner can normally be reached Monday-Friday, 9 AM - 5 PM CT.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, James Lin can be reached on (571) 272-8902. The fax phone number for the organization where this application or proceeding is assigned is (571) 273-8300.
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/HOSUNG CHUNG/Primary Examiner, Art Unit 1794
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