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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 06/22/2026 has been entered.
Response to Amendment
This office action is in response to the RCE filed on 06/22/2026.
Claims 1-6 and 9-13 are presently pending and under examination; claims 7-8 are canceled; claims 1, 9 and 11-12 are amended.
The rejections of claims 1-6 and 9-13 under 35 U.S.C 112(a) and 112(b) are withdrawn in light of the amendments to the claims.
New grounds of rejection are present herein in light of the amendments to the claims.
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.
Claims 1-6 and 9-13 are rejected under 35 U.S.C. 102(a)(1) and/or (a)(2) as being anticipated by Givot, et al. (U.S. Pub. No. 2013/0203328-A1) (hereinafter, “GIVOT”).
Regarding claim 1, GIVOT teaches a method of making a formed ceramic abrasive particle (see GIVOT generally at Abstract and paragraph [0032]), the method comprising:
molding a dispersion of a ceramic abrasive particle precursor mixture (see GIVOT at paragraph [0032]);
drying the molded dispersion to form a ceramic abrasive particle precursor (see GIVOT at paragraph [0032]);
calcining the ceramic abrasive particle precursor (see GIVOT at paragraph [0032]);
after calcining, impregnating the ceramic abrasive particle precursor with a mixture comprising: one or more of a first group consisting of: an oxide of yttrium, praseodymium, samarium, ytterbium, neodymium, lanthanum, gadolinium, dysprosium, and erbium; or one or more of a second group consisting of: oxide of iron, magnesium, zinc, silicon, cobalt, nickel, zirconium, hafnium, chromium, cerium, titanium (see GIVOT at paragraphs [0036], [0050] and [0093]-[0097]);
calcining the impregnated ceramic abrasive particle precursor (see GIVOT at paragraphs [0050]-[0051], [0093] and [0097], teaching calcining the impregnated particles again before sintering); and
sintering the impregnated ceramic abrasive particle precursor to form the formed ceramic abrasive particle (see GIVOT at paragraph [0032]).
Regarding claim 2, GIVOT teaches a method according to claim 1, wherein impregnating comprises exposing the ceramic particle precursor to a mixture comprising the one or more of the first group or the second group in a nitrate solution (see GIVOT at paragraphs [0093] and [0095]).
Regarding claim 3, GIVOT teaches a method according to claim 1, wherein the mixture comprises an oxide not present in the ceramic abrasive particle precursor mixture (see GIVOT at paragraphs [0032], [0036], [0050] and [0093]-[0097]).
Regarding claim 4, GIVOT teaches a method according to claim 1, wherein impregnating limits growth of ceramic oxide crystals (see GIVOT at paragraphs [0032], [0036], [0050] and [0093]-[0097], teaching impregnating alpha alumina precursor particles with a mixture of oxides including magnesium oxide; see Applicant’s specification at pg. 4, lines 7-9 and pg. 25, line 31 – pg. 26, line 2, stating that metal oxides slow the growth of a ceramic oxide of alpha-alumina, and that impregnating ceramic precursor with oxides of magnesium helps to limit growth of ceramic oxides).
GIVOT teaches a method which is identical or substantially identical to the claimed method; MPEP § 2112.01 (I) states that where the claimed and prior art products are identical or substantially identical in structure or composition, or are produced by identical or substantially identical processes, a prima facie case of either anticipation or obviousness has been established. In re Best, 562 F.2d 705, 709, 15 USPQ2d 1655, 1658 (Fed. Cir. 1990). "When the PTO shows a sound basis for believing that the products of the applicant and the prior art are the same, the applicant has the burden of showing that they are not." In re Spada, 911 F.2d 705, 709, 15 USPQ2d 1655, 1658 (Fed. Cir. 1990). MPEP § 2112.01 (II) states that “Products of identical chemical composition cannot have mutually exclusive properties.” In re Spada, 911 F.2d 705, 709, 15 USPQ2d 1655, 1658 (Fed Cir. 1990). A chemical composition and its properties are inseparable. Therefore, if the prior art teaches the identical chemical structure, the properties Applicant discloses and/or claims are necessarily present.
Regarding claim 5, GIVOT teaches a method according to claim 1, wherein the mixture comprises an oxide of iron (see GIVOT at paragraph [0036]).
Regarding claim 6, GIVOT teaches a method according to claim 1, wherein the mixture comprises an oxide of magnesium (see GIVOT at paragraphs [0036] and [0093]-[0097]).
Regarding claim 9, GIVOT teaches a method according to claim 6, wherein impregnating comprises: exposing the ceramic abrasive particle precursor to the mixture, wherein the mixture is a liquid mixture; drying the impregnated ceramic abrasive particle precursor (see GIVOT at paragraphs [0093] and [0095]).
Regarding claim 10, GIVOT teaches a method according to claim 1, wherein the formed ceramic abrasive particle comprises a plurality of edges (see GIVOT at Abstract and paragraph [0004]), each edge having a length independently ranging from about 0.1 µm to about 5000 µm (see GIVOT at paragraphs [0089]-[0090] and [0100] and Table 2, teaching lengths of 0.5 to 5 mm (i.e., 500 to 5,000 µm), e.g., a length of 1.421 mm (i.e., 1,421 µm)).
Regarding claim 11, GIVOT teaches a method according to claim 10, wherein the formed ceramic abrasive particle comprises a tip defined by a junction of at least two of the edges (see GIVOT at Abstract and paragraph [0004]), the tip having a radius of curvature ranging from about 0.5 µm to about 80 µm (see GIVOT at Abstract and paragraph [0004] and Table 4, teaching an average radius of curvature of less than 50 µm, e.g., 13.7 µm).
Regarding claim 12, GIVOT teaches a method according to claim 2, wherein the mixture is a liquid, and wherein impregnating comprises saturating the ceramic abrasive particle precursor in the mixture (see GIVOT at paragraphs [0050] and [0093]-[0097]).
Regarding claim 13, GIVOT teaches a method according to claim 12, wherein the mixture comprises an oxide of magnesium, an oxide of yttrium, an oxide of neodymium and an oxide of lanthanum (see GIVOT at paragraphs [0036] and [0093]-[0097]).
Conclusion
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/S.C.C./Examiner, Art Unit 1731
/ANTHONY J GREEN/Primary Examiner, Art Unit 1731
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