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 Objections
Claims 1 and 5 are objected to because of the following informalities:
In claim 1, line 1, “(Mm represents a misch metal)” should read –, wherein Mm represents a misch metal–.
In claim 1, line 2, “main phase” should read –main phase–.
In claim 1, line 7, “H (GPa)” should read –H, in GPa, –.
In claim 1, line 7, “E (GPa)” should read –E, in GPa, –.
In claim 5, line 1, “whereina” should read –wherein a–.
Appropriate correction is required.
Claim Rejections - 35 USC § 103
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.
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.
Claim(s) 1-5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Miyanohara et al. (US 2019/0348671), as cited in the IDS dated 2/15/2024, hereinafter “Miyanohara.”
Regarding claims 1-5, Miyanohara teaches a hydrogen storage alloy comprising Mm, Ni, and Al and having a main phase that has a CaCu5-type crystal structure, wherein La account for 60-100% by mass of the Mm, wherein Ce may be contained in addition to La, the hydrogen storage alloy represented by a general formula: MmNiaMnbAlc, wherein 3.8≤a≤4.7, 0.1≤b≤0.6, and 0.1≤c≤0.6 (Abstract, [0022]-[0025], [0029]-[0032], which overlaps with the composition ranges recited in claims 1 and 4. In the case where the claimed ranges “overlap or lie inside ranges disclosed by prior art” a prima facie case of obviousness exists. See MPEP §2144.05.
Miyanohara does not explicitly teach wherein a ratio H/E is 0.08-0.15, wherein the hardness H is 1-11 GPa, wherein a ratio of c-axis length to a-axis length of the CaCu5 crystal structure is 0.8080-0.8110, and wherein a ratio of an area of a segregated phase to an area of a cross section of the hydrogen storage alloy is 0.01% or more and 1.60% or less, the cross section of the hydrogen storage alloy being observed using a scanning electron microscope.
However, Miyano teaches a hydrogen storage alloy having an overlapping composition, which is made by a process comprising melting the hydrogen storage alloy raw materials, for example, using a high-frequency heating melting furnace by induction heating to form a molten material, pouring the molten metal into a mold, for example, a water-cooled-type mold, casting the molten metal at a cast molten metal temperature of, for example 1350-1550⁰C, subjecting the cast metal to a heat treatment, wherein the atmosphere is preferably inert gas, such as R and N2, the temperature is 900-1100⁰C, and the duration is 1-10 hours, followed by pulverizing the heat-treated cast metal to a particle size capable of passing through 500 µm sieve mesh, 1000 µm sieve mesh, or 850 µm sieve mesh. Note that the process of manufacture of Miyanohara is substantially similar to that of the instant invention as described in paragraphs [0033]-[0036] of the instant specification.
Thus, as Miyanohara teaches a hydrogen storage alloy having an overlapping composition and a substantially similar process of manufacture, one of ordinary skill in the art would expect the hydrogen storage alloy of Miyanohara to have wherein a ratio H/E is 0.08-0.15, wherein the hardness H is 1-11 GPa, wherein a ratio of c-axis length to a-axis length of the CaCu5 crystal structure is 0.8080-0.8110, and wherein a ratio of an area of a segregated phase to an area of a cross section of the hydrogen storage alloy is 0.01% or more and 1.60% or less, the cross section of the hydrogen storage alloy being observed using a scanning electron microscope. In the case 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.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANTHONY M LIANG whose telephone number is (571)272-0483. The examiner can normally be reached M-F: 9:00am-5:00pm.
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 (571)272-1177. 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.
/ANTHONY M LIANG/Primary Examiner, Art Unit 1734
Prosecution Insights