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 .
Specification
The specification has not been checked to the extent necessary to determine the presence of all possible minor errors. Applicant’s cooperation is requested in correcting any errors of which applicant may become aware in the specification.
The disclosure is objected to because of the following informalities:
The specification teaches the first microwave ferrite must contain a total value of Al and V in the formula of 0.5 (a+b=0.5) and then teaches the amount of Al (variable b) is 0-0.6 and the amount of V (variable a) is 0-0.6. It is unclear how the individual amounts of V and Al can be greater than 0.5 up to 0.6 when the maximum total amount of each of these elements is 0.5.
The specification teaches the second microwave ferrite must contain a total value of Al and V in the formula of 0.4 (A+B=0.4) and then teaches the amount of Al (variable B) is 0-0.5 and the amount of V (variable A) is 0-0.5. It is unclear how the individual amounts of V and Al can be greater than 0.4 up to 0.5 when the maximum total amount of each of these elements is 0.4.
In paragraphs [0026] and [0095], the phrases “a first microwave ferrite material” and “a second microwave ferrite material” should be “the first microwave ferrite material” and “the second microwave ferrite material” so that it is clear that the microwave ferrite materials of the process are those previously discussed. Appropriate correction is required.
Claim Objections
In the preliminary amendment of 1 August 2023, “10. (Cancelled)” is at the end of claim 9 and appears to be part of claim 9. The list of claim 10 need to appear on a separate line.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claim 11 is rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
The preliminary amendment of 1 August 2023 added new claim 11 directed to a method of manufacturing a microwave communication device. There is no teaching of a method for manufacturing a microwave communication device in PCT/CN2021/103496, which has a filing date of 30 June 2021 and is considered the originally filed disclosure. While PCT/CN2021/103496 teaches using the two-component microwave ferrite material of claim 1 in a microwave communication device in paragraphs [0001] and [0164] and original claim 10; this teachings does not disclose a method of manufacturing a microwave communication device. Therefore newly added claim 11 is new matter.
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 1-9 and 11 are 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.
Claim 11 teaches a method for manufacturing a microwave communication device which uses the ferrite material according to claim 1. Claim 11 indefinite since the claim does not set forth any steps involved in the method/process of manufacturing a microwave communication device, in that it is unclear what method/process applicant is intending to encompass. A claim is indefinite where it merely recites a use without any active, positive steps delimiting how this use is actually practiced. See MPEP 2173.05(q).
Claim 1 teaches the first microwave ferrite must contain a total value of Al and V in the formula of 0.5 (a+b=0.5) and then teaches the amount of Al (variable b) is 0-0.6 and the amount of V (variable a) is 0-0.6. It is unclear how the individual amounts of V and Al can be greater than 0.5 up to 0.6 when the maximum total amount of each of these elements is 0.5.This claim also teaches the second microwave ferrite must contain a total value of Al and V in the formula of 0.4 (A+B=0.4) and then teaches the amount of Al (variable B) is 0-0.5 and the amount of V (variable A) is 0-0.5. It is unclear how the individual amounts of V and Al can be greater than 0.4 up to 0.5 when the maximum total amount of each of these elements is 0.4. Depend claim 2 and claims 3-9 and 11 which include the composition of claim 1 do not clarify this issue and therefore are indefinite for these reasons.
The first step of claims 3 and 9 teach mixing a first microwave ferrite material and a second microwave ferrite material. This wording makes unclear if these ferrite materials are those of claim 1 or different ferrite material. It is suggested to replace “a” with “the” in the phrases “a first microwave ferrite material” and “a second microwave ferrite material” so that it is clear that the microwave ferrite materials of the process are those of claim 1.
The format of claims 4-8 wherein all the specific limitations to the generic process steps are listed as optional give rise to antecedent basis issues since there is no requirement that all the or even related optional limitations are performed. The optional limitations all relate back to the required steps (1), (2) and (3) of claims 3-6, the required steps (a) and (b) of claim 7 and the required steps (I) and (II) of claim 8; and not to other optional limitations in the claims.
In view of this, the phrases “the grinding balls” and “the large-diameter grinding balls” of claims 4, 7 and 8 have insufficient antecedent basis for this limitation in the claims and in claim 3 from which they depend. In view of this, the phrases “the binder” and “the aqueous solution of polyvinyl alcohol” of claim 5 have insufficient antecedent basis for this limitation in the claim and in claim 3 from which it depends. In view of this, the phrase “the green body” claim 6 has insufficient antecedent basis for this limitation in the claim and in claim 3 from which it depends. In view of this, the phrases “the dispersion medium”, and “the dispersant” in claims 7 and 8 have insufficient antecedent basis for this limitation in the claims and in claim 3 from which they depend.
Claims 6-8 include the optional step of ending oxygen introduction during sintering when the temperature is 100-500oC lower than the sintering temperature. This limitation makes these claims indefinite since, as discussed above, the optional limitation refers back to the required process steps of claims 6-8 and none of the required steps teach introducing oxygen during the claimed sintering or pre-sintering steps. The claims teach the oxygen introducing step is optional.
Claim Interpretation
It is understood that the phrase “”heat preservation time” refers to time of sintering based on the teachings in paragraph [0048] and the pre-sintering time based on the teachings in paragraphs [0069] and [0091].
The phrase “two-component” and the disclosed process of sintering the two different rare earth iron garnet ferrite clearly indicate to one of ordinary skill in the art that the claimed ferrite material comprises the first microwave ferrite material and the second microwave ferrite material. The disclosed process would not produce a single component ferrite material of (Y,Gd,Ca)3 (Fe,M)5O12 wherein M is Al and/or V and the iron can optionally be substituted with Zr, Sn, Mn, Ge, In or Ti. In addition, the clear meaning of “two-component” required the presence of the two claimed ferrite which are distinct from each other.
Allowable Subject Matter
Claims 1-9 would be allowable if rewritten or amended to overcome the objection and rejections under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action.
There is no teaching or suggestion in the cited prior art of record of a two component microwave ferrite material of a first microwave ferrite material of the formula Y3-2a-c-d-e Ca2a+c+d+eFe5-a-b-c-d-eVaAlbZrcSndMneO12, where a+b=0.5, a=0-0.5, b=0-0.5, c=0-0.7, d=0-0.7 and e=0-0.7 and a second microwave ferrite material of the formula Gd3-2A-C-D Ca2A+C+DFe5-A-B-C-D-EVAAlBGeCInDTiEO12, where A+B=0.4, A=0-0.4, B=0-0.4, C=0-0.7, D=0-0.7 and E=0-0.7. Since the claimed two component microwave ferrite material is novel, the method for making this ferrite material is also novel. The art teaches a single component microwave ferrite material of (Y,Gd,Ca)3 (Fe,V,Al)5O12 wherein the iron can optionally be substituted with Zr, Sn, Mn, Ge, In or Ti, such as those taught in JP 56-78102, JP 57-42544, JP 2005-97042, CN 109867518 and CN 112876230.
Conclusion
U.S. patent 2024/0286959 is cited as of interest since it teaches a two component microwave ferrite material of a first microwave ferrite material of the formula Y3-a CaaFe5-a-b-c
ZraInbMncO12, where a=0-0.7, b=0-0.7, and c=0-0.7 and a second microwave ferrite material of the formula Gd3-A CaAFe5-A-B-CGeAInBTiCO12, where A=0-0.7, B=0-0.7 and C=0-0.7. This reference was filed after this application. While this reference has the same inventive entity as this application, there is no double patenting issue since the claimed ferrites of the reference do not contains Al and/or V.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to C. MELISSA KOSLOW whose telephone number is (571)272-1371. The examiner can normally be reached Mon-Tues:7:45-3:45 EST;Thurs-Fri:6:30-2:00EST; and Wed:7:45-2:00EST.
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/C Melissa Koslow/Primary Examiner, Art Unit 1734
cmk
2/27/26