Prosecution Insights
Last updated: April 19, 2026
Application No. 18/363,788

CORDIERITE SINTERED BODY AND METHOD FOR PRODUCING SAME

Non-Final OA §102§103
Filed
Aug 02, 2023
Examiner
AHVAZI, BIJAN
Art Unit
1763
Tech Center
1700 — Chemical & Materials Engineering
Assignee
Agc Inc.
OA Round
1 (Non-Final)
63%
Grant Probability
Moderate
1-2
OA Rounds
2y 10m
To Grant
99%
With Interview

Examiner Intelligence

Grants 63% of resolved cases
63%
Career Allow Rate
754 granted / 1191 resolved
-1.7% vs TC avg
Strong +46% interview lift
Without
With
+46.5%
Interview Lift
resolved cases with interview
Typical timeline
2y 10m
Avg Prosecution
82 currently pending
Career history
1273
Total Applications
across all art units

Statute-Specific Performance

§101
0.1%
-39.9% vs TC avg
§103
44.3%
+4.3% vs TC avg
§102
23.4%
-16.6% vs TC avg
§112
21.7%
-18.3% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1191 resolved cases

Office Action

§102 §103
DETAILED ACTION 1. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA. 2. This application is a CON of PCT/JP20 22 /0 07888 , filed on 0 2 /2 5 /20 22 , which is entitled to and claims the benefit of priority of JP Patent App. No. 20 21 - 035458 , filed 0 3 /0 5 /20 21 . The preliminary amendment filed on 0 8 /0 2 /20 23 is entered and acknowledged by the Examiner. 3 . Claims 1- 1 1 are pending. Claims 1- 11 are under examination on the merits. Information Disclosure Statement 4 . The information disclosure statement s submitted on 08/02/2023, and 03/27/2024 are in compliance with the provisions of 37 CFR 1.97. Accordingly, the examiner has considered the information disclosure statement s . Priority 5 . Receipt is acknowledged of papers submitted on 0 9 / 12 /20 23 under 35 U.S.C. 119(a)-(d), which papers have been placed of record in the file. Claim Rejections - 35 USC § 102/103 6 . 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. 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. 7 . Claims 1-8 are rejected under 35 U.S.C. 102 (a)(1) as anticipated by or, in the alternative, under 35 U.S.C. 103 as obvious over Okayama et al. ( US Pub. No. 2014/0171288 A1 , hereinafter “ ’288 ”). Regarding claim 1 : ‘288 discloses a cordierite sintered body (Page 1, [0002]) comprising: a main crystal phase of cordierite , a sub crystal phase of alumina, mullite, and sapphirine , and an amorphous phase including Ca at the grain boundaries, wherein the crystal phase ratio of the main crystal phase is 95 mass% to 97.5 mass% , the crystal phase ratio of the sub crystal phase is 2.5 mass% to 5 mass% , and the content of Ca in the total amount is 0.4 mass% to 0.6 mass% as calculated for CaO (Page 1, [0009]). ‘288 discloses t he synthetic cordierite powder, aluminum oxide powder, calcium carbonate powder, and powder containing a transition metal element are prepared, and these powders are weighed (Page 3, [0029] ; Page 3, [0036], Example 1) and granules thereof are obtained by way of a slurry (Page 3, [0030] ; Page 3, [0036], Example 1 ). The cordierite sintered body i s obtained by firing at 1410°C in the atmosphere, followed by hot isostatic pressing at 1300°C while applying a pressure of 150 MPa (Page 3, [0037], Example 1) . Furthermore, it can be understood that the amounts of CaO in the starting material in the sintered bodies of S amples N os. 4, 5, 7-9, 12, and 13 of T able 1 and T able 2 are 0.2 to 0.9 mass% (Page 4, Table 1 & Table 2). T he amount of MgO is at least approximately 13.1 mass% (calculated from the fact that the amount of MgO in cordierite (2MgO-2A l 2 O 3 . 5SiO 2 ) is 13.78 mass%) , the amount of A l 2 O 3 is approximately 37.8 mass% or less (calculated from the fact that the amount of A l 2 O 3 in cordierite (2MgO-2A l 2 O 3 . 5SiO 2 ) is 34.86 mass%) , and that the contents of manganese, chromium and iron, as calculated for the oxides, are 0.2 to 0.5 mass% , the four-point bending strength is 170 to 257 MPa , and the thermal conductivity is 4.0 to 4.5 W/m-K (Page 4, Table 2). ‘288 is silent regarding a porosity is 3.0 vol% or less , and a Weibull coefficient is 9.5 or more . However, since ‘288 discloses the identical or substantially identical cordierite sintered body composition that falls within the numerical ranges specified in the recited claim 1 of the present application, and further, since the sintering temperature and the temperature and pressure conditions of the densification by the subsequent hot isotropic pressing are approximately the same for the cordierite sintered bodies of as the recited claimed, one of ordinary skill in the art before the effective filing date of the claimed invention, would have expected that the claimed effects and physical properties, i.e. , porosity and Weibull coefficient , would inherently/implicitly be achieved by ‘288 (i.e., a porosity is 3.0 vol% or less , and a Weibull coefficient is 9.5 or more ). If there is any difference between the product of ‘288 and the product of the instant claims the difference would have been minor and obvious. “Products of identical chemical composition cannot have mutually exclusive properties.” 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. See MPEP 2112.01(I). Absent an objective showing to the contrary, the addition of the claimed physical properties to the claim language fails to provide patentable distinction over the prior art. "Where ... the claimed and prior art products are identical or substantially identical ... the PTO can require an applicant to prove that the prior art products do not necessarily or inherently possess the characteristics of his claimed product." In re Best, 562 F.2d 1252, 1255 (CCPA 1977) (citations and footnote omitted). The mere recitation of a property or characteristic not disclosed by the prior art does not necessarily confer patentability to a composition or a method of using that composition. See In re Skoner, 51 7 F .2d 94 7, 950 ( CCP A 1975). Regarding claim 2 : ‘288 discloses the cordierite sintered body (Page 1, [0002]) , wherein the content of the calcium is 0.09 mass% or more and 1.80 mass% or less in terms of oxide (Page 1, [0009]). Regarding claim 3 : ‘288 discloses the cordierite sintered body (Page 1, [0002]) , wherein the amount of A l 2 O 3 is approximately 37.8 mass% or less (calculated from the fact that the amount of A l 2 O 3 in cordierite (2MgO-2A l 2 O 3 . 5SiO 2 ) is 34.86 mass%) (Page 4, Table 1 & Table 2). Regarding claim 4 : ‘288 discloses the cordierite sintered body (Page 1, [0002]) , wherein a content of titanium is 0.5 mass% or less in terms of oxide ( 0.0 mass%, Page 4, Table 1 & Table 2) . Regarding claim 5 : ‘288 discloses the cordierite sintered body (Page 1, [0002]) , wherein a total content of iron, nickel, chromium, and manganese is 0.6 mass% or less in terms of oxide (Page 4, Table 1 & Table 2). Regarding claim 6 : ‘288 discloses the cordierite sintered body (Page 1, [0002]) , wherein a content of an alkali metal is 0.30 mass% or less in terms of oxide ( 0.0 mass%, Page 4, Table 1 & Table 2). Regarding claim 7 : ‘288 discloses the cordierite sintered body, wherein a thermal conductivity is 30 4.0 W/(m·K) or more (Page 4, Table 1 & Table 2). Regarding claim 8 : T he disclosure of ‘288 is is adequately set forth in paragraph above and is incorporated herein by reference. ‘288 discloses t hat there is little color variation upon checking by visual inspection, and since, in the method for producing a starting material powder, the present application and ‘288 have in common that a starting material slurry is ball milled, the cordierite sintered body by ‘288 satisfy the f eatures of claim 8 (Page 4, [0041]) . ‘288 is silent regarding the number of foreign particles containing the element M2 and having an equivalent circle diameter of 5 µ m or more is 150/cm 2 or less. However, since ‘288 discloses the identical or substantially identical cordierite sintered body composition that falls within the numerical ranges specified in the recited claim 1 of the present application, and further, since the sintering temperature and the temperature and pressure conditions of the densification by the subsequent hot isotropic pressing are approximately the same for the cordierite sintered bodies of as the recited claimed, one of ordinary skill in the art before the effective filing date of the claimed invention, would have expected that the claimed effects and physical properties, i.e. , foreign particles , would inherently/implicitly be achieved by ‘288 (i.e., the number of foreign particles containing the element M2 and having an equivalent circle diameter of 5 µ m or more is 150/cm 2 or less ). If there is any difference between the product of ‘288 and the product of the instant claims the difference would have been minor and obvious. “Products of identical chemical composition cannot have mutually exclusive properties.” 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. See MPEP 2112.01(I). Absent an objective showing to the contrary, the addition of the claimed physical properties to the claim language fails to provide patentable distinction over the prior art. "Where ... the claimed and prior art products are identical or substantially identical ... the PTO can require an applicant to prove that the prior art products do not necessarily or inherently possess the characteristics of his claimed product." In re Best, 562 F.2d 1252, 1255 (CCPA 1977) (citations and footnote omitted). The mere recitation of a property or characteristic not disclosed by the prior art does not necessarily confer patentability to a composition or a method of using that composition. See In re Skoner, 51 7 F .2d 94 7, 950 ( CCP A 1975). Claim Rejections - 35 USC § 103 8 . 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. 9 . Claim s 9-11 are rejected under 35 U.S.C. 103 as being unpatentable over Okayama et al. ( US Pub. No. 2014/0171288 A1 , hereinafter “ ’288 ”) as applied to claim 1 above . Regarding claim s 9 -10 : The disclosure of ‘288 i s adequately set forth in paragraph 7 above and is incorporated herein by reference. ‘288 teaches a method for producing the cordierite sintered body , the method comprising: preparing a synthetic cordierite powder, an aluminum oxide powder, a calcium carbonate powder, and a transition metal element (Page 3, [0029]; Page 3, [0036], Example 1). ‘288 does not expressly teach a method for producing the cordierite sintered body , the method comprising: preparing a molded body using a raw material powder , and heating the molded body, wherein as the raw material powder, a mixed powder comprising a cordierite powder produced by an electric melting method, a mullite powder, and a magnesia powder is used , and the mixed powder further comprises a calcium oxide powder. However, w hen preparing a starting material for a cordierite sintered body, in addition to the cordierite powder, a person skilled in the art could easily use, as the starting materials, oxides or the like comprising the element group M 1 specified in the present application. Furthermore, ceramic starting material powders in general, not just cordierite powders, produced by electric melting methods are generally commercially available, and thus could be selected as appropriate by a person skilled in the art. Regarding claim 1 1 : The disclosure of ‘288 is adequately set forth in paragraph 7 above and is incorporated herein by reference. ‘288 does not expressly teach t he method for producing a cordierite sintered body, wherein the cordierite powder is subjected to magnetic separation before use. However, the magnetic separation of the ceramic starting material powder before use is merely a well-known and common practice, and could be addressed as appropriate by a person skilled in the art. Examiner Information 1 0 . Any inquiry concerning this communication or earlier communications from the examiner should be directed to Bijan Ahvazi, Ph.D. whose telephone number is FILLIN "Phone number" \* MERGEFORMAT (571) 270-3449 . The examiner can normally be reached on FILLIN "Work schedule?" \* MERGEFORMAT Mon-Fri 9.00 A.M. -7 P.M. . If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Joseph Del Sole can be reached on 571-272-1130. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /Bijan Ahvazi/ Primary Examiner, Art Unit 1763 0 2 /1 2 /202 6 bijan.ahvazi@uspto.gov
Read full office action

Prosecution Timeline

Aug 02, 2023
Application Filed
Feb 23, 2026
Non-Final Rejection — §102, §103 (current)

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

1-2
Expected OA Rounds
63%
Grant Probability
99%
With Interview (+46.5%)
2y 10m
Median Time to Grant
Low
PTA Risk
Based on 1191 resolved cases by this examiner. Grant probability derived from career allow rate.

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