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 .
DETAILED ACTION
Response to Election/Restrictions
1. Applicant’s election of Group I, claims 1-4, 6, 8-15, & 24, in the reply filed on 04/03/2026 is acknowledged. Because applicant did not distinctly and specifically point out the supposed errors in the restriction requirement, the election has been treated as an election without traverse (MPEP § 818.01(a)).
2. Claims 19, 22, & 25-30 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention(s), there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 04/03/2026.
Status of Application
3. This application is a 371 of PCT/JP2021/042997, which was filed on 11/24/2021.
Claims 1, 3-4, 6, 8-9, 12-15, 19, & 22 were originally amended.
Claims 5, 7, 16-18, 20-21, & 23 were originally canceled.
Claims 24-30 were originally added.
Claims 1-4, 6, 8-15, & 24-30 are currently pending in this application.
Information Disclosure Statement
4. The information disclosure statements (IDS) submitted on 02/10/2026 & 03/11/2026 have been made of record and entered. The submissions are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statements have been considered by the examiner. An initialed copy accompanies this office action.
Specification
5. The examiner has not checked the specification to the extent necessary to determine the presence of all possible minor errors (grammatical, typographical, and idiomatic). Cooperation of the applicant(s) is requested in correcting any errors of which applicant(s) may become aware of in the specification, in the claims and in any further amendment(s) that applicant(s) may file.
Applicant(s) is also requested to complete the status of the copending applications referred to in the specification by their Attorney Docket Number or Application Serial Number, if any.
The status of the parent application(s) and/or any other application(s) cross-referenced to this application, if any, should be updated in a timely manner.
Claim Objections
6. Claims 1, 8-10, 15, & 24 are objected to because of the following informalities:
A. In claim 1, line 1, “that includes” should change to --comprising-.
B. In claim 1, line 2, “Cu2-xRxV2-yPyO7” should change to --Cu2-xRxV2-yPyO7--.
C. In claim 1, last line, “0≤x≤2, 0<y<2” should change to --0≤x≤2 and 0<y<2--.
D. In claim 8, line 3, --of the oxide-- should be inserted after “coefficient”.
E. In claim 9, line 3, --of the oxide-- should be inserted after “coefficient”.
F. In claim 10, line 1, “that includes” should change to --comprising-.
G. In claim 10, line 2, “Zn2-xTxP2-yAyO7” should change to --Zn2-xTxP2-yAyO7--.
H. In claim 10, line 4, “0≤x<2, 0≤y≤2” should change to --0≤x<2 and 0≤y≤2--.
I. In claim 15, line 1, “that includes” should change to --comprising-.
J. In claim 15, line 2, --:-- should be inserted after “general formula”.
K. In claim 15, line 3, “Cu2-x1Rx1V2-y1Py1O7” should change to --Cu2-x1Rx1V2-y1Py1O7--.
L. In claim 15, formula (1), “0≤x≤2, 0<y1<2” should change to --0≤x≤2 and 0<y1<2--.
M. In claim 15, line 5, “Zn2-x2Tx2P2-y2Ay2O7” should change to --Zn2-x2Tx2P2-y2Ay2O7--.
N. In claim 15, formula (2), 0≤x2<2, 0≤y2≤2” should change to --0≤x2<2 and 0≤y2≤2--.
O. In claim 15, line 9, “Ti2-x3Mx3O3” should change to --Ti2-x3Mx3O3--.
P. In claim 24, line 1, “that includes” should change to --comprising-.
Q. In claim 24, line 2, “Cu2-xRxV2-yPyO7” should change to --Cu2-xRxV2-yPyO7--.
Appropriate correction is required.
Claim Rejections - 35 USC § 112(b) (Second Paragraph)
7. The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 6 & 10-15 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
A. Regarding claim 6, the claim limitation on “at least one of an oxide having a monoclinic crystal system or an oxide having an orthorhombic crystal system is included” appears unclear as to what it is being referred to. Is this limitation referring to the physical property feature of the oxide of the negative thermal expansion material recited in claim 1? Or Is this an additional claim feature of the oxide of the negative thermal expansion material recited in claim 1?
B. Regarding claim 10, the claim recites “wherein 0≤x≤2, 0≤y≤2” and the claim also recites “except that (x,y)=(0,0) and (0,2) are excluded”. This is unclear and improper since the claim uses “≤” defining x and y to include 0 for x and 2 for y.
C. Regarding claim 15, formula (2), the claim recites “wherein 0≤x2≤2, 0≤y2≤2” and the claim also recites “except that (x2,y2)=(0,0) and (0,2) are excluded”. This is unclear and improper since the claim uses “≤” defining x and y to include 0 for x2 and 2 for y2.
*Claims 11-14 are rejected because they are based on rejected claims 10 & 15 and they do not appear to cure the indefiniteness.
Claim Rejections - 35 USC § 102(a)(1)
8. 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.
Claim(s) 1-4, 6, 8-15, & 24 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by CN110229001, hereinafter “CN ‘001”.
The claimed invention relates to a negative thermal expansion material comprising an
oxide represented by a general formula (1) Cu2-xRxV2-yPyO7 (R includes at least one element selected from Mg, Al, Si, Ti, Cr, Mn, Fe, Co, Ni, Zn, and Sn, wherein 0≤x≤2 and 0<y<2 are met (as recited in the instant claim 1).
CN ‘001 broadly discloses a negative thermal expansion material having a formula Cu2-x
AxP2yByO7. The copper pyrophosphate has a strong negative thermal expansion property at -150oC to 100oC and a volumetric thermal expansion coefficient (CTE) of -21.33 x 10-6 and negative thermal expansion abruptly becomes positive expansion, and the volumetric thermal expansion coefficient at 100oC to 500oC is +17.13 x 10-6. See Abstract.
Regarding claims 1, 15, & 24, the claimed negative thermal expansion material is met by
reference. When x = 0 in the claimed formula (1) Cu2-xRxV2-yPyO7, formula (1) will become Cu2V2-yPyO7, and with the proviso that 0<y<2 when y=0.6, the claimed formula (1) will become Cu2V1.4P0.6O7. When y=1.4, the claimed formula (1) will become Cu2V0.6P1.4O7, which appears to be the same formulas as disclosed in CN ‘001. The reference specifically discloses Cu2P2-yVyO7 (0.5<y<1.5) (See Example 3). When y=0.6, the formula disclosed will become Cu2P1.4V0.6O7. When y=1.4, the disclosed formula will become Cu2P0.6V1.4O7.
Regarding claims 2, 6, 8-9, 13-14, & 24, it is considered the property features of the negative thermal expansion material as further defined in these claims are inherent characteristics of the disclosed negative thermal expansion materials in view of the same oxide material disclosed and claimed. The reference specifically discloses that the disclosed copper pyrophosphate has a strong negative thermal expansion property at -150oC to 100oC, and the volumetric thermal expansion coefficient (CTE) is -21.33 x 10-6. After 100oC, it mutates to positive thermal expansion, and the thermal expansion coefficient of 100oC to 500oC is +17.13 x 10-6 (see page 2, last paragraph). Thus, the linear thermal expansion coefficient associated with the temperature of the negative thermal expansion material as claimed are inherently met by the reference.
Regarding claims 10-12, the claimed thermal expansion material comprising an oxide having a formula (2) Zn2-xTxP2-yAyO7 is met by the reference. With the proviso 0≤x<2 and 0≤y≤2, when x=1.5 and y=0, the claimed formula (2) will become Zn0.5Cu1.5P2O7 with “T” being Cu. Example 2 in CN ‘001 teaches Cu2-xZnxP2O7 (0<x<1), when x=0.5, the disclosed formula will become Cu1.5 Zn0.5 P2O7. The same chemical formula is disclosed and claimed.
Claims 1-4, 6, 8-15, & 24 are unpatentable as being anticipated or not inventive over CN ‘001.
Conclusion
9. Claims 1-4, 6, 8-15, & 24-30 are pending. Claims 1-4, 6, 8-15, & 24 are rejected. Claims 19, 22, & 25-30 are withdrawn. No claims are allowed.
Contacts
10. Any inquiry concerning this communication or earlier communications from the examiner should be directed to Primary Examiner CAM N. NGUYEN whose telephone number is (571)272-1357. The examiner can normally be reached on M-F (8:30 am – 5:00 pm) at alternative worksite or at cam.nguyen@uspto.gov.
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, Anthony Zimmer, can be reached at 571-270-3591. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Cam N. Nguyen/Primary Examiner, Art Unit 1736
/CNN/
June 21, 2026
Prosecution Insights