Response to Amendment
This action is in response to applicants’ amendment of 28 August 2026. The substitute specification filed 28 August 2026 has entered and overcome the objections to the subject matter of paragraphs [0015, [0020] and [0030] and the meaning of “two-phase separation surface”. The amendments to the specification, especially the teachings in paragraph [0042], make it clear that “two-phase separation surface” is what is conventional known in the art as the two-phase separation boundary line in a ternary phase diagram. The amendments to the claims have overcome the previous 35 USC 112b) rejection. The substitute specification did not overcome the objection with respect to the paragraph numbering and the amendment to claim 9 has created a new 35 USC 112(b) issue.
Specification
The disclosure is objected to because of the following informalities:
In the specification, some of the paragraphs are numbered and others are not. Thus the paragraphs in the specification are not numbered consecutively. Appropriate correction is required.
Response to Arguments
The substitute specification filed 28 August 2026 nor did applicants’ argument address this objection. Thus it is maintained.
Claim Rejections - 35 USC § 112
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim 9 is 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.
This claim has been amended to teach spinodal decomposition is caused by holding the powder at a temperature equal or lower than that of a two-phase separation surface of a ternary phase diagram. This newly added limitation is indefinite as to which ternary phase diagram having a two-phase separation surface is being used to calculate the temperature. The newly added phase of “a ternary phase diagram” does not limit the ternary phase diagram to any specific ternary composition.
Allowable Subject Matter
Claims 1-8 and 10 are allowed.
Claim 9 would be allowable if rewritten or amended 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.
These claims are and would be allowable for the reasons given in the previous action.
Conclusion
Applicants’ 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 C. MELISSA KOSLOW whose telephone number is (571)272-1371. The examiner can normally be reached Mon-Tues:7:45-3:45 EST;Thurs-Fri:6:30-2:00EST; and Wed:7:45-2:00EST.
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/C Melissa Koslow/Primary Examiner, Art Unit 1734
cmk
9/10/26
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