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 amendment and accompanying remarks filed May 22, 2026 are acknowledged
Examiner acknowledges amended claim 1.
The rejection of claims 1-3 and 16 under 35 U.S.C. 102(a)(1) as being anticipated by Yao et al., CN112960974 is overcome by Applicant’s amendment.
The rejection of claims 1, 4-6 and 16-19 under 35 U.S.C. 103 as being unpatentable over Wang, CN108083823 is overcome by Applicant’s amendment.
The rejection of claim 9 under 35 U.S.C. 103 as being unpatentable over Wang, CN108083823 in view of Zhang et al., CN102797042 is overcome by Applicant’s amendment.
The rejection of claims 10-11 under 35 U.S.C. 103 as being unpatentable over Wang, CN108083823 in view of Zhu et al., CN108302942 is overcome by Applicant’s amendment.
The rejection of claims 12-15 under 35 U.S.C. 103 as being unpatentable over Wang, CN108083823 in view of Phillips et al., CN102549201 is overcome by Applicant’s amendment.
The rejection of claims 8 and 20 under 35 U.S.C. 103 as being unpatentable over Wang, CN108083823 in view of Inoue, JP 2016-179482 is overcome by Applicant’s amendment.
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 8-9 and 20 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 8 is not commensurate in scope with claim 1 from which it depends. Applicant’s claim 1 recites crystalline phases, as a percentage and based on the total weight of the crystalline phases: MgAl₂O₄ spinel: more than 25% and up to 60%, and - crystalline phases other than MgAl₂O₄ spinel and corundum: < 10%, - corundum: supplemented to 100%, Applicant’s claim 8 recites an Al2O3 content of greater than 90% as an oxide, Applicant’s claim 1 does not allow for an Al2O3 content of greater than 90% as an oxide as Applicant’s claim 1 requires more than 25% and up to 60% of MgAl2O4 spinel.
Claim 9 is not commensurate in scope with claim 1 from which it depends. Applicant’s claim 1 recites crystalline phases, as a percentage and based on the total weight of the crystalline phases: MgAl₂O₄ spinel: more than 25% and up to 60%, and - crystalline phases other than MgAl₂O₄ spinel and corundum: < 10%, - corundum: supplemented to 100%, Applicant’s claim 9 recites an Al2O3 content of greater than 90% as an oxide, Applicant’s claim 1 does not allow for an Al2O3 content of greater than 90% as an oxide as Applicant’s claim 1 requires more than 25% and up to 60% of MgAl2O4 spinel.
Claim 20 is not commensurate in scope with claim 1 from which it depends. Applicant’s claim 1 recites crystalline phases, as a percentage and based on the total weight of the crystalline phases: MgAl₂O₄ spinel: more than 25% and up to 60%, and - crystalline phases other than MgAl₂O₄ spinel and corundum: < 10%, - corundum: supplemented to 100%, Applicant’s claim 20 recites an Al2O3 content of greater than 95% as an oxide, Applicant’s claim 1 does not allow for an Al2O3 content of greater than 90% as an oxide as Applicant’s claim 1 requires more than 25% and up to 60% of MgAl2O4 spinel.
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.
Claims 1-6, 10-11 and 16-20 are rejected under 35 U.S.C. 103 as being unpatentable over Yao et al., CN112960974.
Regarding claims 1, 5, the abstract of Yao discloses a corundum spinel repairing material for a carbon-free steel ladle [container] lining [coating] including 30-80 parts of a corundum material; 15-45 parts of alumina-magnesia spinel; 2-10 parts of alumina micro powder [crystalline phase; and 3-8 parts of calcium aluminate cement [crystalline phase]. Yao includes an amount of spinel that can be greater 25%. Applicant's limitation, "for manufacturing an oxide powder comprising lithium" is intended use. Yao comprises a container having the same structural limitations as claimed.
Yao is silent to the thickness of the coating ranging from less than 2000 µm. This is an optimizable feature. Paragraph 0023 of Yao discloses that the repair material increases the strength and slag erosion resistance of the ladle lining effectively improving the service life. One of ordinary skill in the art before the effective filing date of the invention would optimize the thickness of repairing material [coating] of Yao for the benefit of enhanced strength and slag erosion resistance of the ladle lining effectively enhancing the service life.
Regarding claim 2, the abstract of Yao discloses 15-45 parts of alumina-magnesia spinel. Yao includes an amount of spinel that can be greater 25% which can include 25-45%.
Regarding claim 3, the abstract of Yao discloses 15-45 parts of alumina-magnesia spinel. Yao includes an amount of spinel that can be greater 25% which can include 25-45%.
Regarding claims 4, 6 and 10-11 and 19, the abstract of Yao discloses a corundum spinel repairing material for a carbon-free steel ladle [container] lining [coating] including 30-80 parts of a corundum material; 15-45 parts of alumina-magnesia spinel; 2-10 parts of alumina micro powder [crystalline phase; and 3-8 parts of calcium aluminate cement [crystalline phase]. The repair material of Yao discloses 100% of oxides.
Regarding claim 16, Yao discloses a ladle which has a bottom and at least one side.
Regarding claim 17, Applicant's limitation, "for manufacturing an oxide powder of a metal or of several lithiated transition metals " is intended use. Yao comprises a container having the same structural limitations as claimed.
Regarding claim 18, Yao is silent to wherein more than 80% of the surface of the inner walls of the container are covered with the coating. This is an optimizable feature. Paragraph 0023 of Yao discloses that the repair material increases the strength and slag erosion resistance of the ladle lining effectively improving the service life. One of ordinary skill in the art before the effective filing date of the invention would have more than 80% of the surface of the container being covered with the repair material[coating] of Yao for the benefit of enhanced strength and slag erosion resistance of the ladle lining effectively enhancing the service life.
Claims 7, 12-15 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims. Applicant claims a container as recited in claim 1, further including Al₂O₃, MgO, ZrO₂, SiO₂, Y₂O₃, and mixtures thereof as recited in claim 7. Applicant claims a container as recited in claim 1, further including comprising more than 90% by weight in total, of carbide(s), nitride(s), oxynitride(a), boride(s) and mixtures thereof as recited in claims 12-15. The closest prior art, Yao et al., CN112960974, teaches a corundum spinel repairing material for a carbon-free steel ladle [container] lining [coating] including 30-80 parts of a corundum material; 15-45 parts of alumina-magnesia spinel; 2-10 parts of alumina micro powder [crystalline phase; and 3-8 parts of calcium aluminate cement [crystalline phase]. Yao fails to teach or suggest Al₂O₃, MgO, ZrO₂, SiO₂, Y₂O₃, and mixtures thereof as recited in claim 7. Yao fails to teach or suggest more than 90% by weight in total, of carbide(s), nitride(s), oxynitride(a), boride(s) and mixtures thereof as recited in claims 12-15.
Response to Arguments
Applicant’s arguments with respect to the present claims have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument. Applicant has amended claim 1 to recite a thickness of the coating being less than 2000 µm. Yao teaches the components of a containing including a repair material for a ladle wherein the repair material includes 30-80 parts of a corundum material; 15-45 parts of alumina-magnesia spinel; 2-10 parts of alumina micro powder [crystalline phase; and 3-8 parts of calcium aluminate cement [crystalline phase]. The thickness of the coating is an optimizable feature. Paragraph 0023 of Yao discloses that the repair material increases the strength and slag erosion resistance of the ladle lining effectively improving the service life. One of ordinary skill in the art before the effective filing date of the invention would optimize the thickness of repairing material [coating] of Yao for the benefit of enhanced strength and slag erosion resistance of the ladle lining effectively enhancing the service life. Applicant argues that the purpose is for improved service life. Yao discloses that the repair material effectively enhances service life. The inherency rejection is not without motivation.
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Applicant’s claim 1 has been amended to recite a thickness of the coating being less than 2000 µm. Applicant’s previous claim set recited a thickness range from 50 µm to less than 2000 µm. The amended claims require a different thickness range of less than 2000 µm. Additionally, Applicant’s previous claim set did not require a thickness coat as previous claims 2-4 as the claims include the phrase “or a thickness”. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CAMIE S THOMPSON whose telephone number is (571)272-1530. The examiner can normally be reached 8:30 am - 5:30 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jennifer Boyd, can be reached at 571-272-7783. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/CAMIE S THOMPSON/Primary Examiner, Art Unit 1786
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