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 § 102/103
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
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.
Claim(s) 1-2, 4-10 is/are rejected under 35 U.S.C. 102(a1 and a2) as anticipated by or, in the alternative, under 35 U.S.C. 103 as obvious over USPub20100054652
Regarding claims 1-2, 4-10: ‘652 teaches a silicon nitride sintered body comprising silicon nitride particles, a rare earth element, an aluminum element and can include an additional metal of at least one of Zr, W, Hf, Ti, etc. (see abstract, 0012-0015, 0035, Table 1) as claimed.
‘652 also teaches a bearing comprising a machine part comprised of the silicon nitride sintered body wherein the part is configured as a bearing rolling element (see Figures, 0010-0011, 0031-0033).
Regarding the features required by claims 1, 4-6 and 9, initially note that ‘652’s sintered body comprises silicon nitride particles, a rare earth element, an aluminum element and can include an additional metal of at least one of Zr, W, Hf, Ti, etc. which is the same as Applicants.
‘652’s rare earth element can be in the form of an oxide of a rare earth element such as an yttrium oxide, the aluminum can be aluminum oxide and the additional element can be in the form of simple metal or an oxide which is the same as that disclosed by Applicants (see ‘652’s par 0013-0014, 0016-0017, 0035, Example 6 in Table 1 and Applicants’ published specification 0027, 0029, 0034 and Example 1)
‘652’s rare earth element is added in an amount of 1-6wt% and even 4wt%, the aluminum is added in an amount of 0.5-6wt% and even 5wt%, and the additional metal is added in an amount of 0.01-5wt% or even 1wt% with the remainder being the silicon nitride all meeting contents used by Applicants (see ‘652’s par 0013-0014, 0017, 0035, Example 6 in Table 1 and Applicants’ published specification 0028-0029, 0035 and Example 1, Table 1).
‘652’s silicon nitride particles have an average size of 0.4-0.6micron (0025) with the average size of the additives being 0.6-1.2micron (0024) which overlaps the sizes disclosed by Applicants’ (see Applicants’ published specification 0056, 0059).
‘652’s sintered body is formed by first mixing the components using a ball mill (see 0026-0029, see 0035-0036), the mixture is then molded by CIP (0029, 0035-0036), followed by a degreasing treatment (0029, 0035-0036) before finally sintering (either pressureless or under atmosphere pressure) at 1600-2000oC in an inert atmosphere (N or Ar) for 3-10hr such as 1750oC for 4hours (0029, 0036). After sintering, the sintered body can undergo a HIP treatment with a pressure of 100-200MPa at 1,600-1,900oC such as 100MPa at 1,700oC for 1 hour (0030, 0036).
Note that the ‘652’s method of forming their sintered body is substantially similar to that done by Applicants’ (see Applicants’ Publication 0053-0055, 0063, Example 1).
Given the similarities, one skilled in the art would reasonably conclude the same features to result absent a showing to the contrary (MPEP 2112).
Claim(s) 3 is/are rejected under 35 U.S.C. 102(a1 and a2) as anticipated by or, in the alternative, under 35 U.S.C. 103 as obvious over USPub20100054652 as applied to claim 1 above, or alternatively further evidenced by or in view of USPub20160137556.
Regarding claim 3: Given that ‘652 does not teach any intentional addition of Fe, one skilled in the art would reasonably conclude none (0%) to be present.
Alternatively, in the instance Applicants argue that although ‘652 may not teach intentionally adding Fe that one skilled in the art would expect Fe to be present as an unavoidable impurity during the formation of silicon nitride as known in the art, note that even if this is true ‘652 explicitly teaches that their sintered body includes 0.3wt% or less impurity (0025). As such, any theoretical Fe impurity would still be 0.3wt% or less meeting the claimed requirement.
Even further, even if Fe is present as an unavoidable impurity during the formation of silicon nitride, given that ‘556 that silicon nitride produced by nitriding contains 100-3000ppm (0.01-0.3wt%) Fe as impurity and silicon nitride formed by imide decomposition contains 50ppm (0.005wt%) Fe as impurity (‘556 par 0051), again, any theoretical Fe impurity would still be expected, or at the very least be rendered obvious, to fall within the claimed range.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LAUREN ROBINSON COLGAN whose telephone number is (571)270-3474. The examiner can normally be reached Monday thru Friday 9AM to 5PM.
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LAUREN ROBINSON COLGAN
Primary Examiner
Art Unit 1784
/LAUREN R COLGAN/ Primary Examiner, Art Unit 1784
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