CTNF 18/595,936 CTNF 92967 DETAILED ACTION Claims 1-20 are pending, and claims 1-11 are currently under review. Claims 12-20 are withdrawn. Notice of Pre-AIA or AIA Status 07-03-aia AIA 15-10-aia The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA. Election/Restrictions 08-25-01 AIA Applicant’s election without traverse of group I, claims 1-11 , in the reply filed on 5/18/2026 is acknowledged. 08-06 AIA Claim s 12-20 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention , there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 5/18/2026 . Claim Rejections - 35 USC § 112 07-30-02 AIA 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 1-11 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. Claim 1 recites that M and C are “main components” in the M-C phase, which is indefinite because it is unclear as to what particular amount/concentration, if any, is required by the term “main”. It is unclear whether this requires a sum of M and C to be a majority in said M-C phase, or whether both M and C must merely be included in certain minimum concentrations in said phase, or something else entirely. The examiner interprets the claim to merely require that M and C be present in any amount in the M-C phase. Claim Rejections - 35 USC § 103 07-06 AIA 15-10-15 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. 07-20-aia AIA 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. 07-23-aia AIA The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows: 1. Determining the scope and contents of the prior art. 2. Ascertaining the differences between the prior art and the claims at issue. 3. Resolving the level of ordinary skill in the pertinent art. 4. Considering objective evidence present in the application indicating obviousness or nonobviousness. 07-20-02-aia AIA This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention. 07-21-aia AIA Claim (s) 1-3 and 5-11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Yoneyama et al. (JPH08316018, machine translation referred to herein) alone or further in view of Kanekiyo et al. (WO2006101117, machine translation referred to herein) . Regarding claim 1, Yoneyama et al. discloses a rare earth magnet having a composition as seen in table 1 below, wherein M is selected from at least one of C and Zr among others [0001, 0010, 0041]. Yoneyama et al. further teaches preferred inclusions of Zr, Al, and C such that it would have been obvious to select these elements as expressly taught by Yoneyama et al. [0001, 0010, 0041]. The examiner notes that the overlap between the composition of Yoneyama et al. and that as claimed is prima facie obvious. See MPEP 2144.05(I). Yoneyama et al. does not expressly teach an M-C phase including M and C as claimed and interpreted above. However, one of ordinary skill would have understood a substantially similar M-C phase to have naturally flowed from the disclosure of Yoneyama et al. One of ordinary skill would readily understand that metal alloy structure is directed affected by alloy composition and manufacturing. Yoneyama et al. discloses an overlapping composition as already explained. Yoneyama et al. further discloses a substantially similar, overlapping method of manufacture as further shown in table 1 below. Since Yoneyama et al. discloses an overlapping magnet composition and method of manufacture, one of ordinary skill would understand that a substantially similar M-C phase would have naturally flowed from the disclosure of Yoneyama et al. absent concrete evidence to the contrary. See MPEP 2112 & MPEP 2144.05(I). Alternatively, Yoneyama et al. does not expressly teach an M-C phase including M and C as claimed and interpreted above. Kanekiyo et al. discloses that it is known to include a Ti-C compound phase in rare earth magnets to improve coercivity [0120-0124, 0229]. Therefore, it would have been obvious to one of ordinary skill to modify the magnet of Yoneyama et al. to include a T-C phase (ie. M-C phase wherein M is Ti) to improve coercity as taught by Kanekiyo et al. Table 1. Element (at.%) Claim 1 (at.%) Yoneyama et al. (at.%) Sm 7 – 11 2 – 8 N 11 – 19.5 10 – 20 Fe 69.5 – 82 Balance C Present 2 – 10 M 1.6 – 5 Manufacturing Parameters Instant specification [0027-0028] Yoneyama et al. [0046-0056] Melting and quench by roll casting Roll casting Heat treating at 650 to 850 degrees C for 1 to 120 minutes Heat treating at 600 to 800 degrees C for 0.1 to 300 hours Nitriding at 350 to 600 degrees C for 120 to 960 minutes Nitriding at 350 to 600 degrees C for 0.1 to 300 hours Regarding claims 2-3, 5-6, and 9-10, the aforementioned prior art discloses the magnet of claim 1 (see previous). The examiner notes that the aforementioned composition of Yoneyama et al. further overlaps with the claimed ranges. See MPEP 2144.05(I). Regarding claims 7-8, the aforementioned prior art discloses the magnet of claim 1 (see previous). Yoneyama et al. further teaches Co can be included in an amount of up to 50 atomic percent of Fe, which overlaps with the claimed ranges [0042]. See MPEP 2144.05(I). Regarding claim 11, the aforementioned prior art discloses the magnet of claim 1 (see previous). Yoneyama et al. further teaches that R can include other rare earths such as Nd, Pr, etc. [0039] . 07-21-aia AIA Claim (s) 1-11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Li et al. (US 2015/0318089) alone or further in view of Kanekiyo et al. (WO2006101117, machine translation referred to herein) . Regarding claim 1, Li et al. discloses a rare earth magnet having a composition as seen in table 2 below, wherein M is selected from at least one of Zr, Si, Ti, Nb, etc., among others, and A can be C and N [abstract, 0012-0015]. The examiner notes that the overlap between the composition of Li et al. and that as claimed is prima facie obvious. See MPEP 2144.05(I). Li et al. does not expressly teach an M-C phase including M and C as claimed and interpreted above. However, one of ordinary skill would have understood a substantially similar M-C phase to have naturally flowed from the disclosure of Li et al. One of ordinary skill would readily understand that metal alloy structure is directed affected by alloy composition and manufacturing. Li et al. discloses an overlapping composition as already explained. Li et al. further discloses a substantially similar, overlapping method of manufacture as further shown in table 2 below. Since Li et al. discloses an overlapping magnet composition and method of manufacture, one of ordinary skill would understand that a substantially similar M-C phase would have naturally flowed from the disclosure of Li et al. absent concrete evidence to the contrary. See MPEP 2112 & MPEP 2144.05(I). Alternatively, Li et al. does not expressly teach an M-C phase including M and C as claimed and interpreted above. Kanekiyo et al. discloses that it is known to include a Ti-C compound phase in rare earth magnets to improve coercivity [0120-0124, 0229]. Therefore, it would have been obvious to one of ordinary skill to modify the magnet of Li et al. to include a T-C phase (ie. M-C phase wherein M is Ti) to improve coercivity as taught by Kanekiyo et al. Table 1. Element (at.%) Claim 1 (at.%) Li et al. (at.%) Sm 7 – 11 4 – 12 N 11 – 19.5 10 – 20 Fe 69.5 – 82 Balance C Present 10 – 20 M 1.6 – 5 0 – 10 Manufacturing Parameters Instant specification [0027-0028] Li et al. [0038-0044] Melting and quench by roll casting Roll casting Heat treating at 650 to 850 degrees C for 1 to 120 minutes Heat treating at 600 to 900 degrees C for 10 to 150 minutes Nitriding at 350 to 600 degrees C for 120 to 960 minutes Nitriding at 350 to 550 degrees C for 3 to 30 hours Regarding claims 2-6, and 9-10, the aforementioned prior art discloses the magnet of claim 1 (see previous). The examiner notes that the aforementioned composition of Yoneyama et al. further overlaps with the claimed ranges. See MPEP 2144.05(I). Regarding claims 7-8, the aforementioned prior art discloses the magnet of claim 1 (see previous). Yoneyama et al. further teaches Co can be included in an amount of up to 30 atomic percent of Fe, which overlaps with the claimed ranges [0015]. See MPEP 2144.05(I). Regarding claim 11, the aforementioned prior art discloses the magnet of claim 1 (see previous). Yoneyama et al. further teaches that R can include other rare earths such as La, etc. [0032]. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to NICHOLAS A WANG whose telephone number is (408)918-7576. The examiner can normally be reached usually M-Th: 7-5. 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, Jonathan Johnson can be reached at 5712721177. 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. /NICHOLAS A WANG/Primary Examiner, Art Unit 1734 Application/Control Number: 18/595,936 Page 2 Art Unit: 1734 Application/Control Number: 18/595,936 Page 3 Art Unit: 1734 Application/Control Number: 18/595,936 Page 4 Art Unit: 1734 Application/Control Number: 18/595,936 Page 5 Art Unit: 1734 Application/Control Number: 18/595,936 Page 6 Art Unit: 1734 Application/Control Number: 18/595,936 Page 8 Art Unit: 1734 Application/Control Number: 18/595,936 Page 9 Art Unit: 1734 Application/Control Number: 18/595,936 Page 10 Art Unit: 1734
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