Prosecution Insights
Last updated: April 19, 2026
Application No. 18/546,565

METHOD FOR PRECIPITATION HARDENING OF A PIEZOCERAMIC, AND PIEZOCERAMIC

Non-Final OA §102
Filed
Aug 15, 2023
Examiner
GODENSCHWAGER, PETER F
Art Unit
1767
Tech Center
1700 — Chemical & Materials Engineering
Assignee
Ceramtec GmbH
OA Round
1 (Non-Final)
68%
Grant Probability
Favorable
1-2
OA Rounds
3y 0m
To Grant
86%
With Interview

Examiner Intelligence

Grants 68% — above average
68%
Career Allow Rate
687 granted / 1012 resolved
+2.9% vs TC avg
Strong +18% interview lift
Without
With
+18.1%
Interview Lift
resolved cases with interview
Typical timeline
3y 0m
Avg Prosecution
30 currently pending
Career history
1042
Total Applications
across all art units

Statute-Specific Performance

§101
0.7%
-39.3% vs TC avg
§103
44.5%
+4.5% vs TC avg
§102
21.9%
-18.1% vs TC avg
§112
21.4%
-18.6% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1012 resolved cases

Office Action

§102
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. 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. Priority Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55. 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. Claim(s) 1 -18 is/are rejected under 35 U.S.C. 102 (a)(1) as being anticipated by Makovec et al . (“Positive Temperature Coefficient of Resistivity Effect in Highly Donor-Doped Barium Titanate”). Regarding Cla 4 m s 1 -5 and 8-9 : Makovec et al. teaches a method comprising sintering La-doped BaTiO 3 piezoceramic at 1380 °C followed by heating at 1150 °C (adjusting the temperature from sintering temperature to a process temperature/age-hardening) (Pg. 1273, Col. 2). Makovec et al. teaches that precipitates are formed in a grain interior (Pg. 1274, Fig. 2). Regarding Claims 6-7 and 10 : As the material is eventual returned to room temperature, it must necessarily be heating at a temperature between 1150 °C and room temperature as it cools. Regarding Claim 11: The material of Makovec et al. does not comprise any lead. Regarding Claim s 12 -13 : Makovec et al. teaches the piezoceramic formed by the method and comprising at least 1% precipitates (Fig. 2). Regarding Claims 14-18: The Office realizes that all of the claimed effects or physical properties are not positively stated by the reference(s). However, the reference(s) teaches all of the claimed ingredients in the claimed amounts made by a substantially similar process. The original specification does not identify a feature that results in the claimed effect or physical property outside of the presence of the claimed components in the claimed amount. Therefore, the claimed effects and physical properties, i.e. the strain hysteresis, mechanical quality, and polarization hysteresis would naturally arise and be achieved by a composition with all the claimed ingredients. "Products of identical chemical composition can not have mutually exclusive properties." In re Spada , 911 F.2d 705, 709, 15 USPQ2d 1655, 1658 (Fed. Cir. 1990). 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. If it is the applicant’s position that this would not be the case: (1) evidence would need to be provided to support the applicant’s position; and (2) it would be the Office’s position that the application contains inadequate disclosure that there is no teaching as to how to obtain the claimed properties with only the claimed ingredients. Correspondence Any inquiry concerning this communication or earlier communications from the examiner should be directed to FILLIN "Examiner name" \* MERGEFORMAT PETER F GODENSCHWAGER whose telephone number is FILLIN "Phone number" \* MERGEFORMAT (571)270-3302 . The examiner can normally be reached FILLIN "Work Schedule?" \* MERGEFORMAT 8:30-5:00, M-F EST . Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, FILLIN "SPE Name?" \* MERGEFORMAT Mark Eashoo can be reached at FILLIN "SPE Phone?" \* MERGEFORMAT 571-272-1197 . The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /PETER F GODENSCHWAGER/ Primary Examiner, Art Unit 1767 March 4, 2026
Read full office action

Prosecution Timeline

Aug 15, 2023
Application Filed
Mar 04, 2026
Non-Final Rejection — §102 (current)

Precedent Cases

Applications granted by this same examiner with similar technology

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2y 5m to grant Granted Apr 07, 2026
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
68%
Grant Probability
86%
With Interview (+18.1%)
3y 0m
Median Time to Grant
Low
PTA Risk
Based on 1012 resolved cases by this examiner. Grant probability derived from career allow rate.

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