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 .
Detail Action
Claims 1-5 remain for examination, wherein claim 1 is an independent claim.
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 1-5 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. In the instant case,
Claim 1 indicates that the particle size distribution of the soft magnetic allow powder is defined as having particle size D90; however, none of the values of D90 are defined. Therefore, the claims are indefinite because the metes and bounds of the claims cannot be ascertainable. Since claims 2-5 depend on claim 1, they are also rejected.
Claims 1-5 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. In the instant case, a broad range or limitation together with a narrow range or limitation that falls within the broad range or limitation (in the same claim) may be considered indefinite if the resulting claim does not clearly set forth the metes and bounds of the patent protection desired. See MPEP § 2173.05(c). In the present instance, claim 1 recites the broad recitation: “including soft magnetic alloy particles having a particle size of (0.95×D90) or more and (1.05×D90) or less”; and the claim also recites: “an average Wadell's circularity of the soft magnetic alloy particles having the particle size of (0.95×D90) or more and (1.05×D90) or less is 0.75 or more”, which is the narrower statement of the range/limitation. The claim(s) are considered indefinite because there is a question or doubt as to whether the feature introduced by such narrower language is (a) merely exemplary of the remainder of the claim, and therefore not required, or (b) a required feature of the claims. Since claims 2-5 depend on claim 1, they are also rejected.
Claim Rejections - 35 USC § 103
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 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.
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 1-5 are rejected under 35 U.S.C. 103 as being unpatentable over Kenri Urata et al (JP 2012012699 A, thereafter JP’699) in view of Shinkai et al (US-PG-pub 2018/0204657 A1, thereafter PG’657).
Regarding claim 1, JP’699 teaches a magnetic alloy in powder form suitable for use in transformers, inductors, motor cores, and the like (Abstract, claims, and par.[0053] and [0056] of JP’699), which reads on the claimed magnetic alloy powder as claimed in the instant claim. The comparison between the claimed alloy composition ranges and those disclosed by the Example #64 in table 5 of JP’699 is listed in the following table. All of the essential alloy composition ranges disclosed by the Example #64 in table 5 of JP’699 are within the claimed alloy composition ranges. JP’699 teaches the same magnetic alloy in powder form as claimed in the instant claim. JP’699 does not specify the powder distribution as claimed in the instant claim. PG’657 teaches a soft magnetic material in powder form, the core, and the inductor have high permittivity and excellent DC superimposition characteristic (Abstract, examples, and claims of PG’657). PG’657 teaches particle distribution with D90 (Figs.1-4 and par.[0046] and [0059]-[0066] of PG’657), which reads on the claimed D90 (Refer to the Figs.1-2 of the instant specification) and overlaps the claimed particle distributions as claimed in the instant claim. Overlapping in particles D90 distribution creates a prima facie case of obviousness. MPEP 2144 05 I. Therefore, it would have been obvious to one of ordinary skill in the art at the time the invention was made to optimize particle D90 distribution from the disclosure of PG’657 for the alloy powder of JP’699 in order to obtain the high permittivity and excellent DC superimposition characteristic for the magnetic core. (Abstract, Examples, and claims of PG’657).
Element
From instant Claim 1 (at%)
From #64 of JP’699 (at%)
within range
(at %)
B
2-20
8
8
P
0-7
4
4
(B + P)
2-20
12
12
Si
0-10
2
2
C
>0-5
2
2
Cr
0-4
Not intended included
Not intended included
X1: at least one of Ti, Zr, Hf, Nb, Ta, Mo, W, Al, Ga, Ag, Zn, S, Ca, Mg, V, Sn, As, Sb, Bi, N, O, Au, Cu, Mn, rare earth elements, and platinum-group elements
0-3
Cu: 0.7
Cu: 0.7
Co
0.5-70
15
15
Ni
0-20
Not intended included
Not intended included
Fe
Balance
68.3
68.3
100 - (a+b+c+d+e)
79-90
84
84
Regarding claim 2, JP’699 teaches a Fe-based nanocrystalline alloy with powder form suitable for use in transformers, inductors, motor cores, and the like (par.[0053] and [0056] of JP’699).
Regarding claims 3, JP’699 indicates including resin with powder to form magnet (par.[0094] of JP’699), which reads on the claimed limitation as claimed in the instant claim.
Regarding claims 4-5, JP’699 teaches Fe-based nanocrystalline alloy suitable for use in transformers, inductors, motor cores, and the like (par.[0002] and [0056] of JP’699), which reads on the claimed limitation as claimed in the instant claims.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JIE YANG whose telephone number is (571) 270-1884. The examiner can normally be reached on IFP.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jonathan J Johnson can be reached on 571-272-1177. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JIE YANG/Primary Examiner, Art Unit 1734