DETAILED ACTION
Response to Amendment
The Amendment filed 08 July 2026 has been entered. Claims 1, 3, 5-9 remain pending in the application. Claims 2, 4 and 10 have been canceled. New claims 11-13 have been added. Applicant's amendments to the claims have overcome the objection and
the 112(b) rejections previously set forth in the Non-Final Rejection mailed 08 April 2026.
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
The information disclosure statements (IDS) submitted on 11 December 2023 and 12 August 2025 were considered by the examiner. The submission is in compliance with the provisions of 37 CFR 1.97.
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claims 1, 3, 5, 6, 8, 9, 11 and 12 are rejected under 35 U.S.C. 103 as being unpatentable over CN104347216 (machine translation) of Zhao in view of CN103996522 (machine translation) of Sun further in view of the combination of CN109509605 (machine translation) of Jin and WO2016201944 (machine translation) of Bao.
Regarding Claim 1, Zhao discloses a lanthanide-compounded NdFeB magnetic material and preparation thereof in the same field of endeavor as the claimed invention. Zhao teaches PrNd (equivalent to Re1 of claimed invention): 15%-30%, B: 0.9%-1.3%, Dy (equivalent to Re2 of the claimed invention): 0.5%-4.0%, Co: 0.5%-10%, Cu: 0.05% - 0.25%, lanthanide (equivalent to Re0 of claimed invention): 0.1% - 15%, Al: 0.1% - 1.5%, Zr: 0.05 - 0.5%, Ti: 0.05, Ga: 0-0.5%, and the balance is Fe, Para[0013,0014]. These ranges overlap with the corresponding claimed ranges of the instant invention. In the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists, see MPEP 2144.05. The only element disclosed by Zhao that is not optional and not part of the claimed invention is Nb. Zhao teaches a main phase, a grain boundary phase, and a rare earth-rich phase refining the grains and rounding the boundaries, Para[0072]. Zhao discloses a straight, smooth grain boundary, Para[0019].
Sun teaches a manufacturing method for Ce-containing NdFeB rare earth permanent magnet in the same field of endeavor as the claimed invention. Sun teaches Nb as an optional component, Nb: 0 ≤ Nb ≤ 0.9, Pg[2]. Sun discloses that it is further illustrated by the comparison of the examples and the comparative examples that the magnetic energy product, the coercive force and the corrosion resistance of the magnet are obviously improved by the process and the device of the invention, Pg[8]. Sun teaches a main phase, a grain boundary phase, and a composite phase between the main and grain boundary phase, Pg[2]. Sun discloses that the main phase is Nd2Fe14B, Pg[1]. This does not contain any Re0 or Re2 elements, and is equivalent to R2T14B structure. Sun teaches that the grain boundary phase is mainly composed of Nd-rich phase, B-rich phase and rare earth oxide impurities, Pg1]. Sun also teaches an average grain size for the main phase in the range of 3-15 µm, Pg[3]. This overlaps with the claimed range. In the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists, see MPEP 2144.05. Sun teaches that the invention finds a method for manufacturing a neodymium-iron-boron rare earth permanent magnet containing Ce, overcomes the shortcomings of the prior art, and obviously improves the magnetic energy product, coercive force, corrosion resistance and processing of the NdFeB rare earth permanent magnet, Pg[2]. Therefore, it would be obvious to one of ordinary skill in the art to produce the NdFeB magnet disclosed in Zhao with the amount of Nb, the phases, grain size, and R2T14B structure taught by Sun in order to improve the magnetic energy product, coercive force, and corrosion resistance.
Zhao and Sun do not teach the mixing and sintering of a LaCe-free and HRE-free neodymium-iron-boron main phase alloy and a LaCe-M alloy.
Jin teaches a multilayer-structure-based rare earth permanent magnet and preparation method thereof in the same field of endeavor as the claimed invention. Jin discloses mixing an alloy comprising at least one of Pr and Nd (R2-M2), with another alloy consisting of Ce and La (R1-M1-B), Para[0011]. Jin teaches that the introduction of heavy rare earth elements by double alloy and grain boundary diffusion method can optimize the distribution of rare earth elements and promote the formation of crystal grains with core-shell structure. The enrichment of the heavy rare earth shell structure is advantageous for significantly increasing the coercive force of the magnet without significant reduction in remanence, Para[0006].
Bao discloses a preparation method of NdFeB magnet having low melting point light rare-earth-copper alloy at grain boundary in the same field of endeavor as the claimed invention. Bao discloses dual alloying, Pg[1]. Bao teaches the mixing of a LaCe-free and HRE-free NdFeB main phase alloy, Nd8.82Pr2.94Fe81.3Al1.00B5.88 (atomic percentage), with a LaCe-M alloy, La20Ce55Cu25 (atomic percent), Para[0030], Example 3. Bao teaches that the main advantage of the present invention, light rare earth - two characteristics of the copper alloy greatly improve the organizational structure of sintered NdFeB magnets to obtain high magnetic properties, particularly high coercive force, Pg[2]
Therefore, based on the teaching of Jin and Bao, it would be obvious to one of ordinary skill in the art to produce the alloy disclosed in Zhao and Sun by double alloying of a LaCe-free and HRE-free neodymium-iron-boron main phase alloy and a LaCe-M alloy in order to promote the formation of crystal grains with core-shell structure greatly improving the organizational structure to obtain high magnetic properties. Thus, Zhao in view of Sun further in view of the combination of Jin and Bao covers all limitations of claim 1.
Claim 3 further limits claim 1 by claiming that the main phase comprises grains with an average crystal grain size of 2-7 µm.
Zhao does not teach grain size.
Sun teaches an average grain size for the main phase in the range of 3-15 µm, Pg[3]. This overlaps with the claimed range. In the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists, see MPEP 2144.05. Sun teaches that the invention finds a method for manufacturing a neodymium-iron-boron rare earth permanent magnet containing Ce, overcomes the shortcomings of the prior art, and obviously improves the magnetic energy product, coercive force, corrosion resistance and processing of the NdFeB rare earth permanent magnet, Pg[2]. Therefore, it would be obvious to one of ordinary skill in the art to produce the NdFeB magnet disclosed in Zhao with the phases, grain size, and R2T14B structure taught by Sun in order to improve the magnetic energy product, coercive force, and corrosion resistance. Thus, Zhao in view of Sun further in view of the combination of Jin and Bao covers all limitations of claim 3.
Claim 5 further limits claim 1 by claiming mixing a neodymium-iron-boron main phase alloy that is free of Reo and free of heavy rare earth element and a Reo-M auxiliary phase alloy; and performing vacuum sintering to obtain the neodymium-iron-boron permanent magnet rich in La and Ce, wherein M is one or more selected from Al, Cu, and Fe.
Zhao and Sun do not teach the mixing and sintering of a LaCe-free and HRE-free neodymium-iron-boron main phase alloy and a LaCe-M alloy.
Jin teaches a multilayer-structure-based rare earth permanent magnet and preparation method thereof in the same field of endeavor as the claimed invention. Jin discloses mixing an alloy comprising at least one of Pr and Nd (R2-M2), with another alloy consisting of Ce and La (R1-M1-B), Para[0011]. Jin teaches that the introduction of heavy rare earth elements by double alloy and grain boundary diffusion method can optimize the distribution of rare earth elements and promote the formation of crystal grains with core-shell structure. The enrichment of the heavy rare earth shell structure is advantageous for significantly increasing the coercive force of the magnet without significant reduction in remanence, Para[0006].
Bao discloses a preparation method of NdFeB magnet having low melting point light rare-earth-copper alloy at grain boundary in the same field of endeavor as the claimed invention. Bao discloses dual alloying, Pg.[1]. Bao teaches the mixing of a LaCe-free and HRE-free NdFeB main phase alloy, Nd8.82Pr2.94Fe81.3Al1.00B5.88 (atomic percentage), with a LaCe-M alloy, La20Ce55Cu25 (atomic percent), Pg[3], Example 3. Bao teaches that the main advantage of the present invention, light rare earth - two characteristics of the copper alloy greatly improve the organizational structure of sintered NdFeB magnets to obtain high magnetic properties, particularly high coercive force, Pg[1].
Therefore, based on the teaching of Jin and Bao, it would be obvious to one of ordinary skill in the art to produce the alloy disclosed in Zhao and Sun by double alloying of a LaCe-free and HRE-free neodymium-iron-boron main phase alloy and a LaCe-M alloy, where M is Cu, in order to promote the formation of crystal grains with core-shell structure greatly improving the organizational structure to obtain high magnetic properties. Thus, Zhao in view of Sun further in view of the combination of Jin and Bao covers all limitations of claim 5.
Claim 6 further limits claim 5 by claiming the neodymium-iron-boron main phase alloy is prepared by vacuum smelting and casting of a starting material comprising a Re1 source, a transition metal source, a Ga source, an Al source, and a B source.
Zhao teaches the smelting of the raw materials in a vacuum crucible furnace and that are cast into a slab, Para[0021]. Zhao discloses that the raw materials removed by the surface are compounded according to the alloy distribution ratio, Para[0041]. This means that the raw materials must comprise a Re1 source, a transition metal source, a Ga source, an Al source and a B source as these elements were disclosed in the alloy distribution ratio, Para[0010,0012]. All of these elements necessarily come from a pure substance or an alloy. Therefore, Zhao covers the additional limitation of claim 6. Thus, Zhao in view of Sun further in view of the combination of Jin and Bao covers all limitations of claim 6.
Claim 8 further limits claim 5 by claiming that mixing a powder of the neodymium-iron-boron main phase alloy and a powder of the Reo-M auxiliary phase alloy, and then performing press molding; wherein, in the mixture, the powder of the neodymium-iron-boron main phase alloy is in percentage by mass of 75-99.5 wt.%, and the powder of the Reo-M auxiliary phase alloy is in percentage by mass of 0.5-25 wt.%.
While Zhao does not specifically teach the main alloy and auxiliary phases in weight percentages, Zhao discloses the claimed composition and method. Where the claimed and prior art products are identical or substantially identical in structure or composition, or are produced by identical or substantially identical processes, a prima facie case of either anticipation or obviousness has been established, see MPEP 2112.01. Zhao teaches press molding, Para[0023]. Thus, Zhao in view of Sun further in view of the combination of Jin and Bao covers all limitations of claim 8.
Claim 11 further limits claim 1 by claiming that the Re0 is two of La and Ce.
Zhao discloses that preferably, the lanthanides are one or both of La and Ce, Para[0011].
Bao teaches the mixing of a LaCe-free and HRE-free NdFeB main phase alloy, Nd8.82Pr2.94Fe81.3Al1.00B5.88 (atomic percentage), with a LaCe-M alloy, La20Ce55Cu25 (atomic percent), Pg[3], Example 3. Bao teaches that the main advantage of the present invention, light rare earth - two characteristics of the copper alloy greatly improve the organizational structure of sintered NdFeB magnets to obtain high magnetic properties, particularly high coercive force, Pg[2]. Therefore, based on the teaching of Bao, it would be obvious to one of ordinary skill in the art to produce the alloy disclosed in Zhao and Sun by double alloying of a LaCe-free and HRE-free neodymium-iron-boron main phase alloy and a LaCe-M alloy, where M is Cu, in order to promote the formation of crystal grains with core-shell structure greatly improving the organizational structure to obtain high magnetic properties. Thus, Zhao in view of Sun further in view of the combination of Jin and Bao covers all limitations of claim 11.
Claim 12 further limits claim 1 by claiming that the grain boundary phase is continuously distributed in a straight stripe shape along the boundary of the grains of the main phase.
Zhao teaches a main phase, a grain boundary phase, and a rare earth-rich phase refining the grains and rounding the boundaries, Para[0071]. Zhao discloses a straight, smooth grain boundary, Para[0017]. Thus, Zhao in view of Sun further in view of the combination of Jin and Bao covers all limitations of claim 12.
Claims 7, 9 and 13 are rejected under 35 U.S.C. 103 as being unpatentable over CN104347216 (machine translation) of Zhao in view of CN103996522 (machine translation) of Sun further in view of the combination of CN109509605 (machine translation) of Jin and WO2016201944 (machine translation) of Bao, as applied to claim 1 above, and further in view of WO03052778 of Sasaki.
Claim 7 further limits claim 5 by claiming that the Reo-M auxiliary phase alloy is an alloy scale, preferably, the alloy scale having a thickness of 0.1- 0.4 mm.
Zhao does not teach alloy scale.
Bao teaches alloy flakes, considered equivalent to alloy scale, with a thickness of 150 to 300 µm, Pg[2]. This overlaps with the claimed range. In the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists, see MPEP 2144.05. Bao also discloses average particle size of 3.5μm and 1.5μm, Pg[2]. Bao teaches that the main advantage of the present invention, light rare earth - two characteristics of the copper alloy greatly improve the organizational structure of sintered NdFeB magnets to obtain high magnetic properties, particularly high coercive force, Pg[2]. Therefore, it would be obvious to one of ordinary skill in the art to produce the NdFeB magnet disclosed in Zhao, Sun and Jin with the alloy flakes, and average particle size taught by Bao in order to obtain high magnetic properties.
Sasaki teaches alloy flake for rare earth magnet, production method thereof, alloy powder for rare earth sintered magnet, rare earth sintered magnet, alloy powder for bonded magnet and bonded magnet in the same field of endeavor as the claimed invention. Sasaki teaches a water-cooled copper roller with a diameter of 300 mm, Pg[34] and a rotation speed about 0.5 to about 3 m/s, Pg[88]. This overlaps with the claimed range. In the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists, see MPEP 2144.05. Sasaki teaches that the rate of supplying the molten alloy and the rotation speed of the rotating roller are appropriately regulated in accordance with the thickness of the alloy flakes to be produced, Pg[88]. Therefore, it would be obvious to one of ordinary skill in the art to produce the NdFeB magnet disclosed in Zhao, Sun, Jin and Bao with the water-cooled roller and rotation speed taught by Sasaki in order to achieve the desired thickness of the alloy flakes to be produced.
Thus, Zhao in view of Sun, further in view of Jin and Bao, further in view of Sasaki covers all limitations of claim 7.
Claim 9 further limits claim 5 by claiming the following steps: step 1, weighing and proportioning a Rei source, a transition metal source, a Ga source, an Al source, and a B source based on the weight percentage according to component design requirements, smelting the mixture by using a vacuum induction furnace under Ar atmosphere, and casting the molten liquid after the smelting onto a rotating water-cooled copper roller to prepare a main phase alloy scale; step 2, weighing and proportioning a starting materials of a Reo source and a M source according to component design requirements, smelting the mixture by using a vacuum induction smelting furnace under Ar atmosphere, and casting the molten liquid after the smelting onto a rotating water-cooled copper roller to prepare an auxiliary phase alloy scale; step 3, separately subjecting the main phase alloy scale and the auxiliary phase alloy scale to a hydrogen decrepitation, dehydrogenation, and jet milling to prepare a main phase alloy powder and an auxiliary phase alloy powder; step 4, mixing the main phase alloy powder and the auxiliary phase alloy powder, performing an orientated pressing in a magnetic field to obtain a compact, and pressing the compact by using an isostatic press to further increase the density of the compact; step 5, sintering the compact in a vacuum sintering furnace to prepare a magnet that is free of Reo and free of heavy rare earth element; and step 6, adhering a diffusion source comprising Re2 element to a surface of the magnet, and performing an aging treatment in a vacuum heat treatment furnace to prepare a neodymium-iron-boron magnet that is rich in Reo and low in Re2.
Zhao teaches smelting of raw materials in a vacuum furnace under Argon atmosphere, Para[0025]. Zhao teaches isostatic pressing in a magnetic field, Para[0022]. Zhao also teaches hydrogen pulverization (considered equivalent to decrepitation), dehydrogenation, and jet milling, Para[0025]. Zhao does not teach a water-cooled roller or alloy scale.
Bao teaches alloy flakes, considered equivalent to alloy scale, with a thickness of 150 to 300 µm, Pg[2]. Bao teaches that the main advantage of the present invention, light rare earth - two characteristics of the copper alloy greatly improve the organizational structure of sintered NdFeB magnets to obtain high magnetic properties, particularly high coercive force, Pg[2].
Sasaki teaches a water-cooled copper roller with a diameter of 300 mm, Pg[34] and a rotation speed about 0.5 to about 3 m/s, Pg[88]. Sasaki teaches that the rate of supplying the molten alloy and the rotation speed of the rotating roller are appropriately regulated in accordance with the thickness of the alloy flakes to be produced, Pg[88].
Therefore, it would be obvious to one of ordinary skill in the art to produce the alloy disclosed in Zhao using the alloy flakes taught by Bao and the water-cooled roller taught by Sasaki. Thus, Zhao in view of Sun, further in view of Jin and Bao, further in view of Sasaki covers all limitations of claim 9.
Claim 13 further limits claim 5 by claiming that the neodymium-iron-boron main phase alloy is an alloy scale having a thickness of 0.1-0.4 mm.
Zhao does not teach alloy scale.
Bao teaches alloy flakes, considered equivalent to alloy scale, with a thickness of 150 to 300 µm, Pg[2]. This overlaps with the claimed range. In the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists, see MPEP 2144.05. Bao also discloses average particle size of 3.5μm and 1.5μm, Pg[2]. Bao teaches that the main advantage of the present invention, light rare earth - two characteristics of the copper alloy greatly improve the organizational structure of sintered NdFeB magnets to obtain high magnetic properties, particularly high coercive force, Pg[2]. Therefore, it would be obvious to one of ordinary skill in the art to produce the NdFeB magnet disclosed in Zhao, Sun and Jin with the alloy flakes, and average particle size taught by Bao in order to obtain high magnetic properties.
Sasaki teaches alloy flake for rare earth magnet, production method thereof, alloy powder for rare earth sintered magnet, rare earth sintered magnet, alloy powder for bonded magnet and bonded magnet in the same field of endeavor as the claimed invention. Sasaki teaches a water-cooled copper roller with a diameter of 300 mm, Pg[34] and a rotation speed about 0.5 to about 3 m/s, Pg[88]. This overlaps with the claimed range. In the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists, see MPEP 2144.05. Sasaki teaches that the rate of supplying the molten alloy and the rotation speed of the rotating roller are appropriately regulated in accordance with the thickness of the alloy flakes to be produced, Pg[88]. Therefore, it would be obvious to one of ordinary skill in the art to produce the NdFeB magnet disclosed in Zhao, Sun, Jin and Bao with the water-cooled roller and rotation speed taught by Sasaki in order to achieve the desired thickness of the alloy flakes to be produced.
Thus, Zhao in view of Sun, further in view of Jin and Bao, further in view of Sasaki covers all limitations of claim 13.
Response to Arguments
Applicant's arguments filed 08 July 2026 have been fully considered but they are not persuasive. Applicant argues that (remarks, page 12 of 17) the amended claims are patentable over the cited references because Zhao and Sun do not teach the dual alloying of using a Re0 free and heavy rare earth element free neodymium-iron-boron main phase alloy and Re0--M auxiliary phase alloy and one skilled artisan would not expect the higher intrinsic coercive force than that taught by Zhao. This is not found persuasive as the dual alloying of using a Re0 free and heavy rare earth element free neodymium-iron-boron main phase alloy and Re0--M auxiliary phase alloy is taught by Jin and Bao as described in the 103 rejection of claim 1 above. Specifically, Bao teaches that the main advantage of the present invention, light rare earth - two characteristics of the copper alloy greatly improve the organizational structure of sintered NdFeB magnets to obtain high magnetic properties, particularly high coercive force, Para[0011]. Therefore, based on the dual alloy teachings of Jin and Bao, one of ordinary skill in the art would expect the magnet of the instant invention to have a higher coercive force than that of non-dual alloying magnets.
Applicant argues that (remarks, page 14 of 17) even though Jin uses a dual alloy process, Jin’s process is significantly different from that of the claimed invention and Jin does not provide a rationale to arrive at the claimed invention. This is not found persuasive as even though Jin discloses a microstructure with differences from the claimed microstructure, Jin teaches dual alloying which meets the limitations of the claimed invention. Specifically, Jin teaches mixing of an alloy that is free of Reo and free of heavy rare earth element and a LaCe-M auxiliary phase alloy. Jin teaches a more reasonable distribution of light and heavy rare earth elements and contributes more to the comprehensive performance of the magnet, particularly the coercive force, pg[3]. Therefore, one of ordinary skill in the art, considering the teachings of Jin would be motivated to use the dual alloying step of Jin with the magnet compositions and processing parameters of Zhao and Sun which would result in a magnet with the same microstructure of the claimed invention. Additionally, secondary reference Bao teaches a microstructure that meets the limitations of the claimed invention.
Applicant argues that (remarks, page 15 and 16 of 17) Bao teaches away from the claimed invention because example 3 of Bao which contains La and Ce in the auxiliary alloy has a lower coercive force than that of example 2 which contains Pr in the auxiliary alloy. This is not found persuasive as one of ordinary skill in the art would consider the teachings of Bao along with the magnets of compositions taught by Zhao and Sun and achieve a magnet with higher coercive force. Just because Bao discloses a product with lower coercive force, doesn’t mean that the dual alloy teachings of Bao could not still be applied to Zhao and Sun. A reference may be relied upon for all that it would have reasonably suggested to one having ordinary skill in the art, including nonpreferred embodiments, see MPEP 2123.1.
Thus, the rejection is maintained.
Conclusion
THIS ACTION IS MADE FINAL. 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.
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/Keith D. Hendricks/Supervisory Patent Examiner, Art Unit 1733
/JACOB BENJAMIN STILES/ Examiner, Art Unit 1733
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