DETAILED ACTION
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 .
Election/Restrictions
Applicant’s election without traverse of Group I, claims 1-11 in the reply filed on 01/08/2026 is acknowledged.
Claims 12-15 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 01/08/2026.
Specification
Applicant is reminded of the proper content of an abstract of the disclosure.
A patent abstract is a concise statement of the technical disclosure of the patent and should include that which is new in the art to which the invention pertains. The abstract should not refer to purported merits or speculative applications of the invention and should not compare the invention with the prior art.
If the patent is of a basic nature, the entire technical disclosure may be new in the art, and the abstract should be directed to the entire disclosure. If the patent is in the nature of an improvement in an old apparatus, process, product, or composition, the abstract should include the technical disclosure of the improvement. The abstract should also mention by way of example any preferred modifications or alternatives.
Where applicable, the abstract should include the following: (1) if a machine or apparatus, its organization and operation; (2) if an article, its method of making; (3) if a chemical compound, its identity and use; (4) if a mixture, its ingredients; (5) if a process, the steps.
Extensive mechanical and design details of an apparatus should not be included in the abstract. The abstract should be in narrative form and generally limited to a single paragraph within the range of 50 to 150 words in length.
See MPEP § 608.01(b) for guidelines for the preparation of patent abstracts.
In the instant case, the Abstract is objected to for being two paragraphs.
Claim Rejections - 35 USC § 102
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) 1-9 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Jahns et al. (US20170216000, hereinafter referred to as Jahns).
Regarding claim 1, Jahns discloses a powder composition (see Jahns at [0110], disclosing zirconia powder) comprising: two or more types of zirconia in which a lanthanoid rare-earth element is dissolved (see Jahns at [0433], disclosing Tb oxide calculated as Tb2O3 in an amount of more than 0.01 wt.%) and (see Jahns at [0434], disclosing Er oxide calculated as Er2O3 in an amount of more than 0.01 wt.%); a transition metal element other than zirconium and hafnium (see Jahns at Claim 3, disclosing ions selected from Dy, Sm, Eu, Cr, Cu, V, Mo and combinations thereof, each in an amount above 0.01 wt.-% with respect to the weight of the solution. Examiner notes Cr, Cu, V, and Mo are transition metals other than zirconium and hafnium); and a remainder composed of zirconia stabilized only by one or more selected from the group consisting of yttrium, calcium and magnesium (see Jahns at the Abstract, disclosing Y oxide calculated as Y2O3: from 1 to 10 wt.-%, which corresponds to yttrium), wherein a different lanthanoid rare-earth element is dissolved in each zirconia in which the lanthanoid rare-earth element is dissolved (see Jahns at [0433], disclosing Tb oxide calculated as Tb2O3 in an amount of more than 0.01 wt.%) and (see Jahns at [0434], disclosing Er oxide calculated as Er2O3 in an amount of more than 0.01 wt.%), and a transition metal element content is 1500 ppm or less (see Jahns at the Abstract, disclosing the porous zirconia material not comprising Fe calculated as Fe2O3 in an amount of more than 0.01 wt.-%, which Examiner notes corresponds to not more than 100 ppm Fe2O3).
Regarding claim 2, Jahns discloses wherein at least one type of the zirconia in which the lanthanoid rare-earth element is dissolved is zirconia in which one or more selected from the group consisting of praseodymium, samarium, terbium, dysprosium, holmium and thulium are dissolved (see Jahns at [0433], disclosing Tb oxide calculated as Tb2O3 in an amount of more than 0.01 wt.%, which corresponds to terbium).
Regarding claim 3, Jahns discloses wherein at least one type of the zirconia in which the lanthanoid rare-earth element is dissolved is zirconia in which one or more selected from the group consisting of neodymium and erbium are dissolved (see Jahns at [0434], disclosing Er oxide calculated as Er2O3 in an amount of more than 0.01 wt.%, which corresponds to erbium).
Regarding claim 4, Jahns discloses wherein at least one type of the zirconia in which the lanthanoid rare-earth element is dissolved is zirconia stabilized by one or more selected from the group consisting of yttrium, calcium and magnesium (see Jahns at the Abstract, disclosing Y oxide calculated as Y2O3: from 1 to 10 wt.-%, which corresponds to yttrium).
Regarding claim 5, Jahns discloses wherein the transition metal element is one or more selected from the group consisting of manganese, cobalt and titanium (see Jahns at [0026], disclosing colouring agent(s) comprising metal ions selected from Tb, Er, Pr, Mn or combinations thereof. Examiner notes Mn corresponds to manganese).
Regarding claim 6, Jahns discloses wherein the transition metal element is contained as one or more selected from the group consisting of oxides, hydroxides, oxyhydroxides, chlorides, sulfates and nitrates (see Jahns at [0126], disclosing the porous zirconia material is also essentially free of either or all of the following oxides: oxides of V, Mo, Cr, Co, Cu, Pr, Er, Tb, Mn or mixtures thereof).
Regarding claim 7, Jahns discloses wherein the remainder is zirconia stabilized only by yttrium (see Jahns at the Abstract, disclosing Y oxide calculated as Y2O3: from 1 to 10 wt.-%, which corresponds to yttrium).
Regarding claim 8, Jahns discloses wherein an iron content is 100 ppm or less (see Jahns at the Abstract, disclosing the porous zirconia material not comprising Fe calculated as Fe2O3 in an amount of more than 0.01 wt.-%, which Examiner notes corresponds to not more than 100 ppm Fe2O3).
Regarding claim 9, Jahns discloses comprising alumina (see Jahns at the Abstract, disclosing Al oxide calculated as Al2O3: from 0 to 0.15 wt.-%. Examiner notes Al2O3 corresponds to alumina).
Claim(s) 1-10 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Ritzberger et al. (US20110319254, hereinafter referred to as Ritzberger).
Regarding claim 1, Ritzberger discloses a powder composition (see Ritzberger at [0018], disclosing starting powder) comprising: two or more types of zirconia in which a lanthanoid rare-earth element is dissolved (see Ritzberger at Table 1, Example 5, disclosing an example comprising Pr2O3 and Tb2O3, which are two different lanthanoid rare-earth elements per instant claims 2 and 3); a transition metal element other than zirconium and hafnium (see Ritzberger at Table 1, Example 5, disclosing an example comprising Mn2O3, which is a transition metal per instant claim 5); and a remainder composed of zirconia stabilized only by one or more selected from the group consisting of yttrium, calcium and magnesium (see Ritzberger at Table 1, Example 5, disclosing an example comprising TZ-3Y, which corresponds to yttria stabilized zirconia), wherein a different lanthanoid rare-earth element is dissolved in each zirconia in which the lanthanoid rare-earth element is dissolved (see Ritzberger at Table 1, Example 5, disclosing an example comprising Pr2O3 and Tb2O3, which are two different lanthanoid rare-earth elements per instant claims 2 and 3), and a transition metal element content is 1500 ppm or less (see Ritzberger at Table 1, Example 5, disclosing an example comprising 0.0001 Mn2O3, which is a transition metal per instant claim 5).
Regarding claim 2, Ritzberger discloses wherein at least one type of the zirconia in which the lanthanoid rare-earth element is dissolved is zirconia in which one or more selected from the group consisting of praseodymium, samarium, terbium, dysprosium, holmium and thulium are dissolved (see Ritzberger at Table 1, Example 5, disclosing an example comprising Pr2O3 and Tb2O3, which corresponds to terbium).
Regarding claim 3, Ritzberger discloses wherein at least one type of the zirconia in which the lanthanoid rare-earth element is dissolved is zirconia in which one or more selected from the group consisting of neodymium and erbium are dissolved (See Ritzberger at [0041], disclosing oxides of ... Nd ... can be used as further colouring oxides.).
Regarding claim 4, Ritzberger discloses wherein at least one type of the zirconia in which the lanthanoid rare-earth element is dissolved is zirconia stabilized by one or more selected from the group consisting of yttrium, calcium and magnesium (see Ritzberger at Table 1, Example 5, disclosing an example comprising TZ-3Y, which corresponds to yttria stabilized zirconia).
Regarding claim 5, Ritzberger discloses wherein the transition metal element is one or more selected from the group consisting of manganese, cobalt and titanium (see Ritzberger at Table 1, Example 5, disclosing an example comprising Mn2O3, which is manganese).
Regarding claim 6, Ritzberger discloses wherein the transition metal element is contained as one or more selected from the group consisting of oxides, hydroxides, oxyhydroxides, chlorides, sulfates and nitrates (see Ritzberger at Table 1, Example 5, disclosing an example comprising Mn2O3, which is an oxide).
Regarding claim 7, Ritzberger discloses wherein the remainder is zirconia stabilized only by yttrium (see Ritzberger at Table 1, Example 5, disclosing an example comprising TZ-3Y, which corresponds to yttria stabilized zirconia).
Regarding claim 8, Ritzberger discloses wherein an iron content is 100 ppm or less (see Ritzberger at Table 1, Example 5, disclosing an example comprising 0.0001 wt.% Fe2O3, which is 10 ppm Fe2O3).
Regarding claim 9, Ritzberger discloses comprising alumina (see Ritzberger at [0038], disclosing the ZrO2 can also be doped with ... Al2O3. Examiner notes Al2O3 is alumina.).
Regarding claim 10, Ritzberger discloses comprising a granular particle (see Ritzberger at [0034], disclosing granules) composed of the transition metal element other than zirconium and hafnium (see Ritzberger at Table 1, Example 5, disclosing an example comprising Mn2O3, which is an oxide) and the zirconia stabilized only by one or more selected from the group consisting of yttrium, calcium and magnesium (see Ritzberger at Table 1, Example 5, disclosing an example comprising TZ-3Y, which corresponds to yttria stabilized zirconia).
Claim Rejections - 35 USC § 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, 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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Jahns.
Regarding claim 11, Jahns discloses a BET specific surface area is 5 m2/g or more and 15 m2/g or less (see Jahns at [0097], disclosing BET surface from ... 3 to 10 m2/g which overlaps with the claimed range.) In the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists (see MPEP 2144.05).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CAMERON K MILLER whose telephone number is (571)272-4616. The examiner can normally be reached M-F 8:00am - 5:00pm EST.
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CAMERON K MILLER
Examiner
Art Unit 1731
/CAMERON K MILLER/Examiner, Art Unit 1731