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 .
Information Disclosure Statement
The International Preliminary Report listed in the information disclosure statement of 2 October 2023 has been crossed due to the error with respect to the date, as indicated in the information disclosure statement of 16 November 2023.
The information disclosure statement of 16 November 2023 is a duplicate of that filed 2 October 2023 with the correction made to the date for the International Preliminary Report. All of the references cited in the information disclosure statement of 16 November 2023 and which were considered in the information disclosure statement of 2 October 2023 have been crossed off as being duplicate citations.
Claim Rejections - 35 USC § 112
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 15-17 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 15 is directed to a process for producing the powder of a hexagonal ferrite having the formula AFe12-xAlxO19,wherein x is 0.1-5 and A is at least one of Sr, Ca, Ba and Pb. The claimed process teaches adding at least one kind of chloride to “a raw material of a hexagonal ferrite”. Claim 15 is indefinite as to whether “a hexagonal ferrite” is the hexagonal ferrite having the formula AFe12-xAlxO19,wherein x is 0.1-5 and A is at least one of Sr, Ca, Ba and Pb or if it is a different hexagonal ferrite which when reacted with the chlorides form the hexagonal ferrite having the formula AFe12-xAlxO19. Claim 15 is also indefinite since it is missing the steps of forming the hexagonal ferrite having the formula AFe12-xAlxO19 from the claimed mixture of raw materials and the at least one kind of chlorides. Dependent claims 16 and 17 do not clarify these issues.
Claim Interpretation
The radio wave absorber of claims 12 and 13 are being interpreted as being limited to products, in their final, obtained by molding the radio wave absorbing composition of claims 18-20, as taught in paragraph [0100] of the specification. This interpretation distinguishes a radio wave absorber from a radio wave absorbing composition.
The process of claim 15 is being interpreted as being directed to the process of adding at least one kind of chloride to a raw material of the hexagonal ferrite having the formula AFe12-xAlxO19,wherein x is 0.1-5 and A is at least one of Sr, Ca, Ba and Pb and then sintered. In addition, the phrase “raw material of … ferrite” is being interpreted as be a mixture of the Fe precursor, Al precursor, and A precursor as taught in paragraph [0063] and the examples.
Claim Rejections - 35 USC § 102
(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.
Claims 1, 3, 4, 6, 7, 9, 11-13, 15, 16, 18 and 19 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by WO2021/065365.
U.S. patent application publication 2022/0376402 is the continuation of WO2021/065365 and thus is the English language translation/equivalent for WO2021/065365.
Magnetic powders 8-12 of the reference have the formula SrFe12-yAlyO19, where y is 1.1, 0.8, 1.2, 0.5 and 1.44 and are produced by mixing 5 wt% of SrCl2∙6H2O with the raw materials for the ferrite of strontium carbonate, αFe2O3 and Al2O3 and sintering the mixture. The taught magnetic powder has a σs/β value, respectfully, 337, 389, 334, 401 and 297. The reference teaches radio wave absorbers composed of powders 8-12 in a binder, which means it teaches rare eave absorbing compositions. The taught process is identical to that of claims 15 and 16, the ferrite of the powders fall within formula 1 of claim 1, and the taught powders have a σs/β value within the claimed range. Since the taught magnetic powder are produced by the same method as that claimed, have the same composition as that claimed and have the claimed σs/β value; one of ordinary skill in the art would expect the taught ferrite powders to have a region B on the surface thereof, wherein the Sr/Al in the B region falls within that of claims 1, 4 and 6 and the ratio of total Sr+Al content in the B region to the total Sr+Al content in the entire powder falls within that of claims 1, 4 and 6, absent any showing to the contrary. See MPEP 2112.01(I) and (II). The reference teaches the claimed magnetic powder, process, radio wave absorber and radio wave absorbing composition.
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.
Claims 1-16, 18 and 19 are rejected under 35 U.S.C. 103 as being unpatentable over JP 2007-250823.
This reference teaches magnetic powders of the formula AFe12-yAlyO19, wherein A is at least one of Sr, Ca, Ba and Pb and x is 1-2.2; a radio wave absorbing composition comprising the magnetic powder and a binder and a radio wave absorber made of the wave absorbing composition. The taught particles have a peak particle size of 10 microns or more. The taught powders are produced by mixing 1-10 wt% of barium chloride or strontium chloride with the raw materials for the ferrite and sintering the mixture. The taught ferrite formula falls within that of formula 1 and the taught peak particle size overlaps that of claim 2. The taught process steps are the same as that claimed and the amount of barium or strontium chloride in the mixture overlaps the amount in claims 15 and 16. Product claims with numerical ranges which overlap prior art ranges were held to have been obvious under 35 USC 103. In re Wertheim 191 USPQ 90 (CCPA 1976); In re Malagari 182 USPQ 549 (CCPA 1974); In re Fields 134 USPQ 242 (CCPA 1962); In re Nehrenberg 126 USPQ 383 (CCPA 1960). Also see MPEP 2144.05. The ferrite powder having a peak size of 10 microns or more produced by the suggested process where the added amount of barium chloride or strontium chloride is 3-10 wt% or 5-10 wt% would be expected to have a region B on the surface thereof, wherein the Sr/Al in the B region falls within that of claims 1 and 4-6; the ratio of total Sr+Al content in the B region to the total Sr+Al content in the entire powder falls within that of claims 1 and 4-6; and σs/β value range of 240 emu/go or more, absent any showing to the contrary. See MPEP 2112.01(I) and (II). Since the reference suggests a wave absorbers comprising the claimed ferrite; one of ordinary skill in the art would have found it obvious to use the taught radio wave absorber in any known radio wave absorbing article. The reference suggests the claimed magnetic powder, process, radio wave absorber, radio wave absorbing composition and radio absorbing article.
Allowable Subject Matter
Claim 20 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Claim 17 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
There is no teaching or suggestion in the cited art of record to form the taught radio wave absorbing composition into a filament for a 3D printer. There is no teaching or suggestion in the cited art of record to limit the particle size of the taught alumina in the taught raw materials to a size of 100 microns or less.
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
2/13/26