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
This is a response to an amendment filed May 11th, 2026.By the amendment claims 11, 13, 15, and 19 are pending with claim 11 being amended. Unless otherwise stated the applicant’s amendments have overcome all objections and 35 U.S.C 112 rejections as outlined in the pervious Office action.
Claim Rejections - 35 USC § 102
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim(s) 11, 13 and 15 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kerns et al. (US 8662427), hereafter Kerns.
With regards to claim 11 Kerns discloses an installation for producing a powdered starting material provided for manufacturing rare earth magnets (Abstract; See MPEP 2115 ), comprising at least one dynamic classifier (106) having a feed inlet configured to receive a powdered intermediate product (Col. 12, L22) which includes at least one rare earth metal obtained from pulverizing (Col. 11, L40-44) an alloy, the at least one dynamic classifier being configured to separate a fraction from the powdered intermediate product by means of at least two classifications that follow one another in time (Col. 12, L26-31), each directed at particle size and/or particle density (Col. 11 L, wherein the at least one dynamic classifier separates coarse material from the powdered intermediate product (Col. 12, L26-29) as part of a first classification of said at least two classifications and separates fine material from the powdered intermediate product as part of a second classification of said at least two classifications (Col. 12, L30-31), the at least one dynamic classifier having a classifying rotor (Col. 12, L19-20), the at least one dynamic classifier being configured to disperse the fraction fine material within the same at least one dynamic classifier to establish a homogenous distribution of particles in the fraction fine material (Col.12, L10-14) and perform a renewed classification within the same at least one dynamic classifier to separate a further fraction from the dispersed fraction fine material (Col. 12, L29-30), said further fraction forming a starting material used to manufacture rare earth magnets.
With regards to claim 13, Kerns discloses all the elements of claim 11 as outlined above. Kerns further discloses wherein the at least one dynamic classifier is formed for classifying and dispersing the powdered intermediate product supplied (Col. 12, L10-14)
With regards to claim 15, Kerns discloses all the elements of claim 11 as outlined above. Kerns further discloses wherein the at least one dynamic classifier performs at least one of the at least two classifications directed at particle size and/or density (Col. 11, L45-47) under a protective gas atmosphere (Col. 12, L17-19; air is a protective gas).
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim(s) 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kerns.
With regards to claim 19, Kerns discloses all the elements of claim 11 as outlined above. Kerns does not directly disclose wherein the at least one dynamic classifier comprising the at least one dynamic classifier provides for the starting material to include a fraction of particles >8 µm in an amount <2 volume percent and/or a fraction of particles <2 pm in an amount 2 volume percent.
However, Kerns discloses the starting material to include a fraction of particles >5 µm in an amount <5 volume percent (Col. 11, L25-37) and that this device can be used to separate nanometer size particles (Col. 10, L13-15). Therefore, this is routine optimization and rendered obvious to a person with ordinary skill in the art before the effective filing date of the invention based on what the final product is being used for (MPEP2145.05.II.A)
Response to Arguments
The applicant’s arguments with respect to the Guenther reference are rendered moot. New grounds of rejection are presented above. The applicant’s arguments with respect to the substantial duplicate claim are persuasive.
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 JESSICA LYNN BURKMAN whose telephone number is (571)272-5824. The examiner can normally be reached M-Th 7:30am to 6:00pm EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Michael McCullough can be reached at (571)272-7805. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/J.L.B./Examiner, Art Unit 3653
/MICHAEL MCCULLOUGH/Supervisory Patent Examiner, Art Unit 3653
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