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 .
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 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.
Claim(s) 1,5-6, 8, 11-12, 14-17 are is/are rejected under 35 U.S.C. 103 as being unpatentable over Koike et al, U.S. Patent Application Publication No. 2009/0318281.
Koike discloses a composite ceramic body comprising a matrix of alumina in which zirconia is dispersed. See paragraph 0003. The ratio of alumina to zirconia is 80:20 to 95:5. See paragraph 0020. The ceramic body has a relative density of 93% or more up to 98%. See table 1 and paragraph 0020. The structure has pores which can have the same size as the mean particle diameter of the alumina particles, which is 0.7 to 1.8 microns. See paragraph 0020. Koike does not teach including silica or the trace elements listed in claim 6. Note that the coefficient of thermal expansion is inherent to the particular type of ceramic, and that since Koike teaches the same materials, same relative density, same pore size and porosity as claimed, there is a reasonable expectation that the material of Koike would have the claimed coefficient of thermal expansion. Similarly, it would be expected that the thermal conductivity would be as claimed since the same structure is present. With regard to the density variation, while Koike does not explicitly teach the claimed value, it would have been obvious to have maintained the same properties throughout the entirety of the ceramic structure, in order to provide a product with uniform properties, such as no weak points, more or less dense areas, different porosity, etc.
Koike differs from the claimed invention because it does not disclose the particularly claimed dimensions. However, it would have been obvious to have formed the structure so that it had the desired dimensions, depending on the intended use of the ceramic article.
Claim(s) 19, 21-24 is/are rejected under 35 U.S.C. 103 as being unpatentable over Koike et al, U.S. Patent Application Publication No. 2009/0318281 in view of Rhee et al, U.S. Patent No. 6,548,011.
Koike discloses a composite ceramic body comprising a matrix of alumina in which zirconia is dispersed. See paragraph 0003. The ratio of alumina to zirconia is 80:20 to 95:5. See paragraph 0020. The ceramic body has a relative density of 93% or more up to 98%. See table 1 and paragraph 0020. The structure has pores which can have the same size as the mean particle diameter of the alumina particles, which is 0.7 to 1.8 microns. See paragraph 0020. Koike does not teach including silica or the trace elements listed in claim 6. Note that the coefficient of thermal expansion is inherent to the particular type of ceramic, and that since Koike teaches the same materials, same relative density, same pore size and porosity as claimed, there is a reasonable expectation that the material of Koike would have the claimed coefficient of thermal expansion. Similarly, it would be expected that the thermal conductivity would be as claimed since the same structure is present. With regard to the density variation, while Koike does not explicitly teach the claimed value, it would have been obvious to have maintained the same properties throughout the entirety of the ceramic structure, in order to provide a product with uniform properties, such as no weak points, more or less dense areas, different porosity, etc.
Koike differs from the claimed invention because it does not disclose the particularly claimed dimensions. However, it would have been obvious to have formed the structure so that it had the desired dimensions, depending on the intended use of the ceramic article.
With regard to the method claims, Koike teaches blending aluminum oxide and zirconium oxide powder, but does not clearly teach the other steps.
However, Rhee et al, U.S. Patent No. 6,548,011 teaches that it was known to mix, calcine, sinter and anneal ceramic powder mixtures in order to provide alumina-based ceramic materials. See example 1.
Therefore, it would have been obvious to have formed the structure of Koike by the well known and conventional methods taught by Rhee in view of their art recognized suitability for forming ceramic structures and to have selected suitable temperatures and pressures for forming, calcining, sintering and annealing. The structure of Koike can be used as a gas sensor.
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Maebashi, U.S. Patent No. 5,098,571. Maebashi discloses a sintered porous ceramic material comprising a matrix of Al2O3 having Al2O3-ZrO2 particles mixed together, wherein the structure has a pore size of 0.05 - 100 microns after sintering. The alumina is present in amounts of 80-99 wt%. See col. 2, lines 36-58. The alumina and zirconia are mixed and dispersed in a slurry or the alumina and zirconia are blended in a surface fusing apparatus so that the alumina fine particles are fusion bonded. The powders are mixed with water, kneaded and extruded. The extruded product is dried and sintered. The structure can be molded by suitable molding methods. See col. 3, lines 3-45.
Dworak et al, U.S. Patent No. 4,331,048. Dworak discloses a sintered cutting tip comprising 79-90 weight percent of alumina, 10-30 weight percent of zirconia and 0.1-0.5 wt. percent of magnesia and less than 0.6 weigh percent of impurities. See col. 3. line 62- col. 4, lines. The mixtures are mixed and molded and sintered at temperatures of 1500-1600 C for 6-19 hours. See col. 4 lines 6-10. The material has a porosity of less than 2%, preferably less than 1%, with median pore size of less than 2 microns. See col. 3, lines 13-18.
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/ELIZABETH M IMANI/Primary Examiner, Art Unit 1789