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 .
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) 1-3 and 11-14 and 16-19 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Yamashita et al. (US 10273191).
Regarding claims 1-3, 11-14 and 16-19, Yamashita discloses a sintered body, comprising a crystal grain having a cubic domain and a tetragonal domain, a stabilizer and lanthanum being dissolved in zirconia to form a solid solution, i.e. as a matrix, (abstract) and an amount of the stabilizer contained being 2% or more by mole and 7% or less by mole, more specifically yttrium is present in an amount of 2.2 to 2.7 mol% (col. 4, lines 14-16, table 1), a lanthanum content is 1 mol% to 10 mole% (col. 2, lines 21-24), wherein an in-line transmittance is 30% or more at a sample thickness of 1 mm (col. 6, lines 58-65). Given that Yamashita discloses the same sintered body with the same composition as claimed in present claim, it is clear that the sintered body of Yamashita would inherently have the same properties as presently claimed.
Claim(s) 1-3, 5 and 11-20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Machida et al. (JP 2020-001988).
Regarding claims 1-3, 11-14 and 16-19, Machida discloses a sintered body, comprising a crystal grain having a cubic domain and a tetragonal domain, a stabilizer and lanthanum being dissolved in zirconia to form a solid solution, i.e. as a matrix, (0011) and an amount of the stabilizer contained being 2% or more by mole and 7% or less by mole, more specifically, yttrium is present in an amount of 4.04 mol% (4/(92+4+3)/100) (0021, 0026), a lanthanum content is 1 mol% to 10 mole% (0011), wherein an in-line transmittance is 30% or more at a sample thickness of 1 mm (0045). Given that Machida discloses the same sintered body with the same the same composition as claimed in present claim, it is clear that the sintered body of Machida would inherently have the same properties as presently claimed.
Regarding claim 5, Machida discloses the sintered body of claim 1, comprising at least one of a transition metal and lanthanoid other than lanthanum (0011).
Regarding claims 15 and 20, Machida discloses the sintered body of claim 5, wherein given that Machida discloses the same sintered body with the same composition as claimed in present claim, it is clear that the sintered body of Machida would inherently have the same properties as presently claimed.
Response to Arguments
Applicant's arguments filed 08/13/2026 have been fully considered but they are not persuasive.
Applicant argues that the claimed composition shows unexpected results and points to examples in the specification. Further, applicant files a declaration. However, the data is not persuasive given that the data is not commensurate in scope with the scope of the present claims given that the examples disclose specific type and amount of composition while the claim broadly recite any amount of zirconia, lanthanum and 1 to 6% by mole of yttrium. Further, the present claim is silent with respect to in-out dimension of bracket while examples disclose specific thickness. As set forth in MPEP 716.02(d), whether unexpected results are the result of unexpectedly improved results or a property not taught by the prior art, “objective evidence of nonobviousness must be commensurate in scope with the claims which the evidence is offered to support”. In other words, the showing of unexpected results must be reviewed to see if the results occurred over the entire claimed range, In re Clemens, 622 F.2d 1029, 1036, 206 USPQ 289, 296 (CCPA 1980). Applicants have not provided data to show that the unexpected results do in fact occur over the entire claimed range.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SAMIR SHAH whose telephone number is (571)270-1143. The examiner can normally be reached 8:00am - 5:00pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Callie Shosho can be reached at 571-272-1123. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/SAMIR SHAH/Primary Examiner, Art Unit 1787
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