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 of Group I, claims 1-8, in the reply filed on 17 November 2025 is acknowledged. Because applicant did not distinctly and specifically point out the supposed errors in the restriction requirement, the election has been treated as an election without traverse (MPEP § 818.01(a)).
The requirement is still deemed proper and is therefore made FINAL.
Claims 9-11 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim.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 17 November 2025.
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.
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
Claims 1-5 and 8 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kawasaki et al. (US 2017/0067137).
Claim 1: Kawasaki teaches a titanium sintered body and ornament capable of maintaining good specularity for a long period of time (paragraph 0011), wherein examples of the ornament include external components (i.e. an exterior member) for watches, bezels, etc. (paragraph 0084). Kawasaki teaches that the titanium sintered body contains an α-phase and a β-phase as crystal structures (i.e. the α-phase and the β-phase are constituent materials), wherein the α-phase refers to a region in which the crystal structure is mainly a hexagonal close packed structure and the β-phase refers to a region in which the crystal structure is mainly a body-centered cubic structure (paragraph 0036). These regions show in Fig. 1 as a relatively light color for α-phase and relatively dark color for β-phase (paragraph 0036). The average grain size of the α-phase is 3 µm or more and 30 µm or less (paragraph 0041). It is clear from Figs. 1-2 that the average grain size of the light areas (i.e. α-phase) is larger than the average grain size of dark areas (i.e. β-phase), and this is considered to teach where the constituent materials (i.e. α-phase and β-phase) are different from one another in crystal grain size. Since Kawasaki teaches the α-phase and the β-phase as being regions (paragraph 0036) and Fig. 1 is obtained by taking an image of a cut surface (paragraph 0034), this is considered to teach the exterior member as having a surface segmented into regions formed of the respective constituent materials.
Claim 2: Kawasaki teaches that the titanium sintered body contains an α-phase and a β-phase as crystal structures (i.e. the α-phase and the β-phase are constituent materials), and being a titanium sintered body is considered to teach that the exterior member consists of metal materials, with the phases (i.e. the metal materials) differing in crystal grain size as outlined above regarding claim 1.
Claim 3: Kawasaki teaches that the titanium sintered body contains an α-phase and a β-phase as crystal structures (i.e. the α-phase and the β-phase are constituent materials), wherein the α-phase refers to a region in which the crystal structure is mainly a hexagonal close packed structure and the β-phase refers to a region in which the crystal structure is mainly a body-centered cubic structure (paragraph 0036). These regions show in Fig. 1 as a relatively light color for α-phase and relatively dark color for β-phase (paragraph 0036). Kawasaki shows an electron microscopic image of a cut surface of the titanium sintered body in Fig. 1 (paragraph 0034), and it is clear in the image that the edges of the light colored regions (i.e. the boundaries between α-phase and β-phase) include curved portions.
Claim 4: Kawasaki teaches a titanium sintered body and ornament capable of maintaining good specularity for a long period of time (paragraph 0011), wherein examples of the ornament include external components (i.e. an exterior member) for watches, such as bezels, etc. (paragraph 0084). Kawasaki further teaches that a bezel has an annular shape (paragraph 0087). As outlined above regarding instant claim 3, an electron microscopic image of a cut surface of the titanium sintered body in Fig. 1 (paragraph 0034), and it is clear in the image that the edges of the light colored regions (i.e. the boundaries between α-phase and β-phase) include curved portions. These curved portions extend in all directions (i.e. which would include along a circumferential direction of the annular shape) and the edges (i.e. boundaries) include waviness (i.e. a wavy portion).
Claim 5: Kawasaki teaches that the titanium sintered body contains an α-phase and a β-phase as crystal structures (i.e. the α-phase and the β-phase are constituent materials), wherein the α-phase refers to a region in which the crystal structure is mainly a hexagonal close packed structure (i.e. a first region) and the β-phase refers to a region in which the crystal structure is mainly a body-centered cubic structure (i.e. a second region) (paragraph 0036). The α-phase and the β-phase are both metal materials (i.e. because they are phases of the titanium sintered body) different from one another (i.e. because they have different crystal structures), with the first region being formed of α-phase (i.e. a first metal material) and the second region being formed of β-phase (i.e. a second metal material).
Claim 8: Kawasaki teaches a titanium sintered body and ornament capable of maintaining good specularity for a long period of time (paragraph 0011), wherein examples of the ornament include external components (i.e. an exterior member) for watches, such as bezels, etc. (paragraph 0084).
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.
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Kawasaki et al. (US 2017/0067137) as applied to claim 1 above, and further in view of Sato et al. (US 2019/0323114).
Claim 7: The teachings of Kawasaki regarding claim 1 are outlined above. Kawasaki teaches a titanium sintered body and ornament capable of maintaining good specularity for a long period of time (paragraph 0011), wherein examples of the ornament include external components (i.e. an exterior member) for watches, bezels, etc. (paragraph 0084). However, Kawasaki does not teach a coating over the regions.
In a related field of endeavor, Sato teaches that titanium or titanium allows used in ornamental items such as a wristwatch can be easily scratched and so the external appearance deteriorates (paragraph 0002). Sato further teaches the titanium or titanium alloy member is preferably a casing component of a wristwatch or clock, and the casing component preferably includes a bezel (paragraphs 0016-0017). Sato teaches surface hardening to provide the base material of titanium or titanium alloy with a hardened layer (paragraphs 0007-0009). Sato teaches the hardened layer preferably includes a surface transparent oxide layer (paragraph 0010), and the member can have high hardness, maintain high surface luster, and maintain a good external appearance (paragraph 0067).
As Kawasaki and Sato both teach a watch bezel made of titanium or titanium alloy, they are analogous. It would have been obvious to one of ordinary skill in the art before the effective filing date to modify the external component of Kawasaki to include a surface transparent oxide layer as taught by Sato so that the member will have high hardness, maintain high surface luster, and maintain a good external appearance, and one would have had a reasonable expectation of success. Since the surface oxide layer is transparent, the underlying titanium or titanium alloy (i.e. including the regions of constituent material) would be visible through the coating.
Allowable Subject Matter
Claim 6 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.
The following is a statement of reasons for the indication of allowable subject matter:
The closest prior art is the disclosure of Kawasaki, as outlined above. Kawasaki further teaches that the constituent material of the titanium sintered body is titanium simple substance (i.e. pure titanium) or a titanium-based alloy (paragraph 0050), such as Ti-6Al-4V (paragraph 0054). However, Kawasaki does not teach, render obvious, or provide motivation to use both pure titanium and Ti-6Al-4V in distinct regions of the titanium sintered body.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Itotsubo (US 2019/0061003) teaches similarly to Kawasaki (outlined above) except the average crystal grain diameter is 30 to 500 µm.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KIM S HORGER whose telephone number is (571)270-5904. The examiner can normally be reached M-F 9:30 AM - 4:00 PM EST.
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/KIM S. HORGER/Examiner, Art Unit 1784