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 .
Status of Claims
Claims 1-12 are pending and are presented for this examination.
Priority
Receipt is acknowledged of certified copies of papers submitted under 35 U.S.C 119(a)-(d), which papers have been placed of record in the file.
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 1-12 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 pre-AIA the applicant regards as the invention.
The term “high Fe content” in claims 1-12 is a relative term which renders the claim indefinite. The term “high” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention.
Claim 1 recites the limitation "the additive amount of elements" in line 4 and “the heating electric power” in step 3. There is insufficient antecedent basis for these limitations in the claim. It is further unclear whether the elements are part of the soft magnetic alloy or something else.
Claims 2 and 7 both recite the limitation "the required degree of undercooling" in step 4 is unclear because term “required degree” is a relative term which renders the claim indefinite. The term “required” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention.
Claims 2 and 7 both recite the limitation "quickly solidifying…" in step 5 is unclear because term “quickly” is a relative term which renders the claim indefinite. The relative term “quickly” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention.
Claim 1 recites the limitation "the Fe-based amorphous or nanocrystalline" in line 5. There is insufficient antecedent basis for this limitation in the claim. It is unclear whether the Fe-based amorphous or nanocrystalline refers to amorphous or nanocrystalline soft magnetic alloy with high Fe content or something else.
The term “rapid quenching” in claims 2 and 7 step 5 is a relative term which renders the claim indefinite. The term “rapid” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention.
Claim 7 recited “the parent alloy” in step 2, “the alloy” in step 3-4. It is unclear whether they are the same alloy or different alloy.
Claim 7 recited “the electromagnetic field” and “the induced current” both lack antecedent basis.
Claims 2 and 7 recited “the heating electric power” of step 3 also lacks antecedent basis.
Claim 11 recites “the amorphous alloy” and(emphasis added) “the nanocrystalline alloy”. Since claim 11 depends on claim 7, and claim 7 merely requires a Fe-based amorphous alloy or a Fe-based nanocrystalline alloy is obtained by annealing, it is unclear how the annealing step in step 6 of claim 7 can obtain both amorphous and nanocrystalline alloy.
The term “a high purity corundum crucible” in claim 5 is a relative term which renders the claim indefinite. The term “high” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention.
As a result of rejected base claim 1, all dependent claims are also rejected under the same statue.
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.
Claim(s) 1 is rejected under 35 U.S.C. 102(a)(1)/(a)(2) as anticipated by or, in the alternative, under 35 U.S.C. 103 as obvious over Yang (CN108611542A).
As for claim 1, Yang discloses a production method of nanocrystalline (English translation Page 2 line 3) soft magnetic Fe83B17 alloy. (Title) The alloy is produced by undercooling solidification (Abstract last two lines) by means of glass fluxing method (Abstract line 3) combined with cyclical superheating (abstract line 4).
The alloy has low coercive force and high saturation magnetization. (English translation Page 2 lines 5-6)
It is noted Yang does not expressly disclose “reducing the additive amount of elements promoting amorphous formation in the Fe-based amorphous or nanocrystalline soft magnetic alloy, increasing the proportion of the Fe element and achieving the goals of enhancing saturation magnetization and reducing coercive force”. They are interpreted as resulting effect of claimed undercooling solidification method by means of glass fluxing method combined with cyclical superheating. In view of Yang’s explicit teaching of undercooling solidification method by means of glass fluxing method combined with cyclical superheating, claimed resulting effect are expected.
Claim(s) 1 is rejected under 35 U.S.C. 102(a)(1)/(a)(2) as anticipated by or, in the alternative, under 35 U.S.C. 103 as obvious over Fan (NPL document “Dynamic Analysis of Recalescence Process and Interface Growth of Eutectic Fe82B17Si1 Alloy).
As for claim 1, Fan discloses an undercooling solidification method of Fe82B17Si1 Alloy which is an amorphous or nanocrystalline soft magnetic alloy (Page 1784 Col 1 Introduction paragraph 2) with Fe content at 82at% by employing the glass fluxing combined with cyclical superheating. (Abstract)
Fan does not expressly disclose “reducing the additive amount of elements promoting amorphous formation in the Fe-based amorphous or nanocrystalline soft magnetic alloy, increasing the proportion of the Fe element and achieving the goals of enhancing saturation magnetization and reducing coercive force”. They are interpreted as resulting effect of claimed undercooling solidification method by means of glass fluxing method combined with cyclical superheating. In view of Fan’s explicit teaching of undercooling solidification method by means of glass fluxing method combined with cyclical superheating, claimed resulting effect are expected.
Claim(s) 1 is rejected under 35 U.S.C. 102(a)(1)/(a)(2) as anticipated by or, in the alternative, under 35 U.S.C. 103 as obvious over Yan (CN114381668A).
As for claim 1, Yan discloses an undercooling and solidification method of Fe-Si based soft magnetic alloy with addition of Co and Ti. Fe amount is 72-78at%. The method uses molten glass purification or electromagnetic suspension melting to make the alloy. (Abstract)
Hence, Yan discloses instant claim 1 required method for preparing an amorphous or nanocrystalline soft magnetic alloy.
Yan does not expressly disclose “reducing the additive amount of elements promoting amorphous formation in the Fe-based amorphous or nanocrystalline soft magnetic alloy, increasing the proportion of the Fe element and achieving the goals of enhancing saturation magnetization and reducing coercive force”. They are interpreted as resulting effect of claimed undercooling solidification method by means of glass fluxing method combined with cyclical superheating. In view of Yan’s explicit teaching of undercooling solidification method by means of glass fluxing method combined with cyclical superheating, claimed resulting effect are expected.
Claim(s) 2-4, 6-7 and 10 are rejected under 35 U.S.C. 103 as being unpatentable over Yan in view of Fiorillo (NPL document “Soft magnetic materials” published on 2016).
As for claim 2, Yan discloses the method of glass fluxing combined with cyclical superheating comprises the following steps: (English translation Page 3)
Step 1) weighing the raw material according to the proportion, the raw material in vacuum or protective gas for arc melting or induction melting, repeat the melting for 6 times to obtain a mother alloy with uniform components. the protective gas is argon gas or nitrogen with purity not lower than 99.9vol%.
Step 2) putting the mother alloy into a high temperature resistant quartz glass tube, covering the top and bottom surface of the alloy with a glass purifying agent, the glass purifying agent is a mixture of SiO2 and Na2SiO3, CaO, MgO, AL2O3 and Fe2O3;
Step 3) filling the quartz glass tube with the mother alloy and the glass purifying agent with high frequency induction coil, under the vacuum or protective gas, heating the alloy to the molten state, then increasing the heating power to melt the metal, then raising the temperature to 1300 to 1500 ° C to make the alloy melt superheat, keeping the temperature for 2 to 5 minutes, stopping heating, naturally cooling the alloy;
Step 4) processing a cycle process " heating-heat preservation-solidification" until the alloy obtains the required degree of undercooling,
Step 5) solidifying the undercooled alloy into strip shaped alloy.
Vacuum condition in steps 1) and 3) is at least 5x10-3 Pa
Yan differs from instant claim 2 such that it does not disclose (1) the chemical formula of the alloy is FeSiBM; (2) removing surface oxidation layer of raw material and cleaning the raw material; and (3) annealing the strip as required by step 6).
Regarding (1), (2) and (3), Fiorillo discloses soft magnetic material such as FE-Si-B alloy, it is possible to achieve both homogeneous grain nucleation and restrained grain coarsening by the addition of Cu and Nb. (Page 18 Nanocrystalline alloys Paragraph) Fe-based alloys actually need stress-relief annealing in order to achieve optimized magnetic properties. Using clean raw material improves the magnetic loss performance of soft magnetic material. (Page 7 paragraph 3 lines 6-7) Removing the oxide layer of the raw material minimizes domain wall pinning. (Page 13 paragraph 1)
Hence, it would have been obvious to one skill in the art, at the time the invention is made to use raw material of FeSiB with the addition of Cu and Nb and remove the surface oxidation layers and clean the raw material and apply stress relief annealing as suggested by Fiorillo, in the process of Yan for the benefit of achieving optimized magnetic properties and magnetic loss.
As for claims 3 and 10, Yan discloses inert protection gas is argon or nitrogen with purity of not less than 99.9 vol%.([0021])
As for claim 4, in view of Yan discloses 1300 to 1500 ° C to heat the high temperature resistance glass quartz tube, instant claimed wherein clause is expected.
As for claim 6, Yan discloses glass purifying agent is 20-25% by mass of the mother alloy which suggest the mass ratio of the glass purifying agent to the alloy ingot is 1:(4-5).
As for claim 7, Yan discloses claimed electromagnetic levitation melting comprises claimed steps 1) through 5). (English translation Page 3) Fiorillo discloses instant claimed step 6) would have been obvious in order to achieve optimized magnetic properties.
Claim(s) 2-4, 6-7 and 10 are rejected under 35 U.S.C. 103 as being unpatentable over Yang in view of Fiorillo (NPL document “Soft magnetic materials” published on 2016) and Yan (CN114381668A).
As for claim 2, Yang discloses the method of glass fluxing combined with cyclical superheating comprises the following steps:
Step 1: weighting the raw material of the alloy at a ratio of 81.5:18.5, vacuumizing the weight raw material in a vacuum electric arc furnace, then melting the raw materials to obtain an alloy ingot [0008].
Step 2: putting the mixture of the alloy ingot and B2O3 glass (i.e. claimed glass purifying agent) in a ratio of 15 g of the alloy ingot with 3 g of B2O3 glass in a high purity quartz tube, the bottom of the high purity quartz tube is made of Al2O3 ceramic. [0009]
Step 3: heating the alloy to the molten state under high frequency induction furnace under the protection of inert gas, and then heating to 1350-1400 degree C, keeping the temperature for 5-7 minutes, stopping the heating by turning off the heating electric power to make the alloy naturally cool [0010]
Step 4: cycling process of “heating-heating preservation-solidification” for 3-5 times (claim 3) so that the alloy achieves the required degree of undercooling
Step 5: quickly solidifying the undercooled and solidified alloy into strip [0016] through rapid quenching.
Yang differs from instant claim 2 such that it does not disclose (1) the chemical formula of the alloy is FeSiBM; (2) removing surface oxidation layer of raw material and cleaning the raw material; (3) vacuumizing the weighted raw material in a vacuum arc melting furnace to at least 10-3 Pa in step 2); (4) vacuumizing to at least 10-2 Pa in step 3); (5) claimed step 6) annealing the strip and (6) repeating the step 1 about 4-6 times.
Regarding (1), (2) and (5), Fiorillo discloses soft magnetic material such as FE-Si-B alloy, it is possible to achieve both homogeneous grain nucleation and restrained grain coarsening by the addition of Cu and Nb. (Page 18 Nanocrystalline alloys Paragraph) Fe-based alloys actually need stress-relief annealing in order to achieve optimized magnetic properties. Using clean raw material improves the magnetic loss performance of soft magnetic material. (Page 7 paragraph 3 lines 6-7) and remove the oxide layer of the raw material minimize domain wall pinning. (Page 13 paragraph 1)
Hence, it would have been obvious to one skill in the art, at the time the invention is made to use raw material of FeSiB with the addition of Cu and Nb and remove the surface oxidation layers and clean the raw material and apply stress relief annealing as suggested by Fiorillo, in the process of Yang for the benefit of achieving optimized magnetic properties and magnetic loss.
Regarding (3),(4) and (6), Yan discloses an undercooling solidification method for making soft magnetic alloy with Fe content at 70at%. The method comprises claimed step 1 through 5. Yan explicitly discloses vacuumizing the weighted raw material in a vacuum arc melting furnace to less than 5x10-3 Pa and repeating the melting of step 1) about 4-6 times to obtain uniform composition of the raw material;[0049] and vacuumizing to less than 5x10-3 Pa in step 3). ([0019][0020])
Hence, it would have been obvious to one skill in the art, at the time the invention is made to apply vacuumizing pressures of Yan, in the steps 1) and 3) process of Yang in view of Fiorillo and repeating the melting step 1 to 4-6 times for the benefit of obtaining uniform composition.
As for claims 3 and 10, Yan discloses inert protection gas is argon or nitrogen with purity of not less than 99.9 vol%. [0021])
As for claim 4, inn view of Yang discloses heat the crucible at 1350-1400 degree C, Yang’s crucible is expected to be heat resistant at least 1400 degree C
As for claim 6, Yang’s ratio of 15 g of the alloy ingot with 3 g of B2O3 glass supports instant claimed wherein clause.
As for claim 7, Yan discloses claimed electromagnetic levitation melting comprises claimed steps 1) through 5). (English translation Page 3) Fiorillo discloses instant claimed step 6) would have been obvious in order to achieve optimized magnetic properties.
Claim(s) 8-9 are rejected under 35 U.S.C. 103 as being unpatentable over Yang in view of Fiorillo and Yan as applied to claims 2 and 7 respectively, and further in view of Zhou (CN104934179A).
As for claims 8-9, neither Yang, Fiorillo nor Yan discloses instant claimed chemical formula.
Zhou discloses a Fe-based Nanocrystalline Soft Magnetic Alloy Has Strong Amorphous Forming Ability. (title) Inventive Example 5 discloses [0087] FebalSi6B6P3Nb2Cu0.75 which meets claimed FeSiBM wherein M is P, Nb and Cu, and the content of Si is 6 at%, B is 6 at%, P is 3at% Cu is 0.75at% and Fe is expected to be 82.25at% given a total atomic percent is 100%. Hence, Zhou discloses instant chemical formula.
Hence, it would have been obvious to one skill in the art, at the time the invention is made to apply FebalSi6B6P3Nb2Cu0.75 as disclosed by Zhou, in the process of Yang in view of Fiorillo and Yan for the benefit of strong amorphous forming ability.
Claim(s) 8-9 are rejected under 35 U.S.C. 103 as being unpatentable over Yan in view of Fiorillo as applied to claim 2 and 7 respectively, and further in view of Zhou (CN104934179A).
As for claims 8-9, Zhou discloses instant claims wherein clause would have been obvious for the same reason set forth in the rejection of claims 8-9 above over Yang in view Fiorillo, Yan and Zhou.
Claim(s) 11-12 are rejected under 35 U.S.C. 103 as being unpatentable over Yang in view of Fiorillo and Yan as applied to claim 10, and further in view of Han (CN107103976A).
As for claim 11, neither Yang, Fiorillo nor Yan discloses instant claimed wherein clause.
Han discloses an annealing treatment of FeSiBNbCu alloy ([0003]) for achieving excellent soft magnetic performance by annealing at 25-100 degree C below the crystallization temperature at a vacuum degree of <=9.5x10-3 Pa. (Claim 10) vacuum degree of <=9.5x10-3 Pa meets claim 12 required vacuum degree. 25-100 degree C below the crystallization temperature meets instant claim 11 required 50-100 C below the crystallization temperature.
Hence, it would have been obvious to one skill in the art, at the time the invention is made to apply annealing temperature and vacuum degree as disclosed by Han, in the process of Yang in view of Fiorillo and Yang for the benefit of achieving excellent soft magnetic performance.
Claim(s) 11-12 are rejected under 35 U.S.C. 103 as being unpatentable over Yan in view of Fiorillo as applied to claim 10, and further in view of Han (CN107103976A).
As for claims 11-12, Han discloses instant claims limitation would have been obvious for the same reason set forth in the rejection of claims 11-12 above over Yang in view Fiorillo, Yan and Han.
Allowable Subject Matter
Claim 5 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 5 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.
Yan merely discloses the preparation method of the glass purifying agent comprising weighting and placing powdered SiO2, Na2SiO3 and CaO in a glass quartz tube, firing for 5-8 hours at 800-900 degree C.
Hence, Yan does not disclose instant claim 5 required “weighing and placing powdered Na2B407 and B203 with the purity of not less than 98% in a high purity corundum crucible respectively, firing at 400-600°C for 1-8 h, then melting and firing at 800-1000°C for 2-16 h, and mixing the fired Na2B407 and B203 to obtain the purifying agent, wherein the mass ratio of Na2B407 to B203 is 1:1-20”.
No prior art can be found to disclose instant claim 5 required process for preparing the glass purifying agent.
Conclusion
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/JENNY R WU/Primary Examiner, Art Unit 1733