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 .
Applicant's election with traverse of Group I, claims 1-21, in the reply filed on 8/5/25 is acknowledged. The traversal is on the ground(s) that both groups contain a special technical feature. This is not found persuasive because the special technical features is provided by the method of producing the ferromagnetic material and claim 3 while being dependent up claim 1, being a product claim does not require the process step but only the product which is taught in the Granger (2016/0211062).
The requirement is still deemed proper and is therefore made FINAL.
Hence, considering the amendment filed 8/5/25, claims 15-18 have been canceled. Claim 22 is withdrawn from consideration. Claims 1-14 and 19-21 remain in the application for prosecution thereof.
Claim Rejections - 35 USC § 112
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 1,2,7,12,14 and 21 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.
Regarding claim 1, the term “one or more functional coatings” lacks antecedent basis as the claim recites “one or more nanometric functional coatings”. The Examiner suggest adding the term “nanometric” to overcome the rejection. Clarification is requested.
Regarding claim 2, the claim in unclear and confusing as to whether the washing liquid is the “claimed second solution” or is this a different solution. If so, then the claim would need to recite a second stirring step in said second solution for completeness.
Regarding claim 7, the term “an apolar” appears to be a typographical error and should recite “a polar” or “an polar” but not both. Clarification is requested.
Regarding claim 12, the term “predetermined” is vague and indefinite as to what is encompassed by the term “predetermined” as anything can be considered being “predetermined”. The Examiner suggest deletion of the term.
Regarding claim 14, the claim is confusing as the Examiner questions hoe the consolidation is done with mixing? Should this be recited as the “stirring” step? Clarification is requested.
Claim Rejections - 35 USC § 103
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.
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.
Claims 1-14 and 19-21 are rejected under 35 U.S.C. 103 as being unpatentable over Granger et al. (2016/0211062) in combination with Takahashi et al. (2014/0085023).
Granger et al. (2016/0211062) teaches encapsulating magnetic nanoparticles with a plurality of layer sand an exterior coating by a layer-by-layer deposition process which is known to be executed by immersion in a solution or suspension [0004].[0054]. The layers can include coating of opposite charges polycationic (positive charge) and polyanionic (negative charge) [0035] on a ferromagnetic particle material [0032]. The layers can include hydrogen bonding and covalent bonding [0040]
Granger et al. (2016/0211062) fails to teach compacting the coated ferromagnetic particles to obtain a ferromagnetic material.
Takahashi et al. (2014/0085023) teaches a process for producing ferromagnetic particles and compacted magnet (abstract). Takahashi et al. (2014/0085023) teaches forming a compacted magnet by subjecting the ferromagnetic particles having a coating thereon to compression molding in a magnetic field [0098]-[0111].
Therefore, it would have been obvious for one skilled in the art before the effective filing date of the claimed invention to have modified Granger et al. (2016/0211062) to perform a compacting step as evidenced by Takahashi et al. (2014/0085023) with the expectation of producing a compacted magnet.
Regarding claim 2, Granger et al. (2016/0211062) teaches the layer-by-layer process which includes sonication (claimed stirring) and also teaches a washing procedure [0051]-[0056].
Regarding clam 3-6, Granger et al. (2016/0211062) teaches sonication which would be inclusive of ultrasound as well as a mechanical and/or turbulent mixer which would be rotated [0054],[0057].
Regarding claim 7, Granger et al. (2016/0211062) teaches a washing procedure but fails to teach the claimed polar solvents. The Examiner takes the position that polar solvents are now to be utilized as a washing liquid and would be utilized for the expected success absent a showing of criticality thereof the polar solvent.
Regarding claims 8-11, Granger et al. (2016/0211062) teaches coating both positive and negative charges and hence would meet these claimed limitations.
Regarding claim 12, Granger et al. (2016/0211062) teaches repeating the process coating steps to form the layers on the magnetic particles [0054].
Regarding claims 13 and 14, Takahashi et al. (2014/0085023) teaches a process for producing ferromagnetic particles and compacted magnet (abstract). Takahashi et al. (2014/0085023) teaches forming a compacted magnet by subjecting the ferromagnetic particles having a coating thereon to compression molding in a magnetic field [0098]-[0111] which would result in the claimed “mixing” in claim 14. Regarding the metal powder press, Takahashi et al. (2014/0085023) compression molding which would suggest a powder press and would be inclusive a metal or non-metal presses [0098]-[0111].
Regarding claims 19 and 20, Granger et al. (2016/0211062) teaches coating that include both inorganic or organic materials [0036]-[0037].
Regarding claim 21, Granger et al. (2016/0211062) teaches nanometers for the coating thickness which is within the claimed range of 1nm to 100 microns [0087].
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRIAN K TALBOT whose telephone number is (571)272-1428. The examiner can normally be reached Mon-Thurs 6:30-5PM - Fri OFF.
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/BRIAN K TALBOT/ Primary Examiner, Art Unit 1715