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 .
Election/Restrictions
Applicant’s election without traverse of Group II (claims 3 and 5-9) in the reply filed on 09/09/2026 is acknowledged.
Status of Claims
Pending and under examination: claims 3 and 5-9
Rejected: claims 3 and 5-9
Citation of Pertinent Prior Art
Zhu et al. (US 20220189688 A1) discloses in the Abstract:
a) Preparing main alloy flakes consisting of (Pr2Nd8)xFe100-x-y-zByMz,where M is at least one of Al,Co,Cu,Ga,Ti and Zr, 28.5 wt. % ≤x≤31.0 wt. %,0.85 wt. %≤y≤0.98 wt. % and 0.5 wt. %≤z≤5.0 wt. %;
b) Preparing auxiliary alloy flakes consisting of LuFe100-u-v-wBvMw,where L is at least one ofPr and Nd,M is at least one of Al,Co,Cu,Ga,Ti and Zr, 35.0 wt. %≤u≤45.0 wt. %,0 wt. %≤v≤5.0 wt. % and 2.0 wt. %≤w≤10.0 wt. %;
c) Mixing the main alloy flakes and the auxiliary alloy flakes in predetermined rate, then performing hydrogen decrepitation to produce alloy pieces,and then crushing the alloy pieces to alloy powder by jet milling;
d) Preparing a powder mixture including the alloy powder and added heavy rare earth powder consisting of at least one of Dy and Tb;
e) Pressing the powder mixture to a green compact while applying a magnetic field, and thermal treatment of the green compact in a vacuum furnace to obtain the NdFeB permanent magnet.
Sun et al. (US 20170103837 A1) discloses in the Abstract: A NdFeB magnet containing cerium, wherein: an average grain size of the NdFeB magnet is in a range of 3-7 μm; the NdFeB magnet comprises a main phase and a grain boundary phase distributed around the main phase, the main phase contains rare earth elements and contains at least La, Ce, Pr and Nd, the grain boundary phase contains Ce, N and F; a composite phase containing Tb is provided between the main phase and the grain boundary phase; a total weight percentage of La and Ce in a rare earth of the NdFeB magnet containing cerium is 1-69%; a total weight percentage of La, Ce, Pr and Nd in the NdFeB magnet containing cerium is 26.5-33.5 wt %; the NdFeB magnet containing cerium contains Mn, N and F with contents of 0.011 wt %≦Mn≦0.04 9wt %, 0.021 wt %≦N≦0.09 wt %, and 0.004 wt %≦F≦0.5 wt %, respectively.
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 3 and 5-9 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 3 recites “…wherein in the step (S1), M in the main alloy scale does not comprise Cu and/or Al, and M in the auxiliary alloy scale comprises Cu, Al, or both…”. The limitation is indefinite because of the negative limitation and the use of “and/or”. Specifically, stating “the main alloy scale does not comprise Cu and Al” means that both Cu and Al are not present. However, stating “the main alloy scale does not comprise Cu or Al” also means that both Cu and Al are not present, due to the negative limitation “does not comprise”. However, stating “and/or” implies that one or both elements may be present, but is contradicted by the “does not” limitation. Thus, the limitation is indefinite because the metes and bounds of the limitation are unclear.
Claims 5-9 are rejected as being dependent from claim 3.
Allowable Subject Matter
Claims 3 and 5-9 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Adil Siddiqui whose telephone number is (571)272-8047. The examiner can normally be reached M-F 10AM-6PM CST.
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/ADIL A. SIDDIQUI/Primary Examiner, Art Unit 1735
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