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
Claim 1 is objected to because of the following informalities: claim 1 recites “industrial pure titanium” which should be “industrially pure titanium”. 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.
Claims 1-4 are rejected under 35 U.S.C. 103 as being unpatentable over Tanaka et al. (US 2012/0171468), as evidenced by Saoula et al. ("Influence of substrate bias on the structure and properties of TiCN films deposited by radio-frequency magnetron sputtering”).
Regarding claims 1-4, Tanaka teaches a base material made of titanium or a titanium-based alloy (¶ 56) and titanium compound particles formed on the surface thereof, covering the base material at a rate of 20% or more (¶ 57). The titanium compound particles include Ti, O, C and N (¶ 57), including titanium carbonitride (¶ 105). As evidenced by Saoula, TiCN has a peak in the range of 320-350 cm-1 in a spectrum obtained by Raman spectroscopy (see Fig. 5). The prior art ranges overlap the claimed ranges, creating a prima facie case of obviousness. See MPEP 2144.05 I.
Claims 1-4 are rejected under 35 U.S.C. 103 as being unpatentable over Kaminaka et al. (US 2021/0066729), as evidenced by Saoula et al. ("Influence of substrate bias on the structure and properties of TiCN films deposited by radio-frequency magnetron sputtering”).
Regarding claims 1-4, Kaminaka teaches a base material made of titanium or a titanium-based alloy (¶¶ 24-25) with titanium carbonitride formed on the base material as dispersed grains (¶ 58). Kaminaka teaches an “abundance ratio” of TiCN to Ti on the surface is preferably 0.10 to 0.45 (¶ 60), which is presumed to approximate a covering ratio of TiCN on the Ti substrate. As evidenced by Saoula, TiCN has a peak in the range of 320-350 cm-1 in a spectrum obtained by Raman spectroscopy (see Fig. 5). The prior art ranges overlap the claimed ranges, creating a prima facie case of obviousness. See MPEP 2144.05 I.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Tsukamoto et al. (JP 2002-187399) teaches a base material made of titanium or a titanium-based alloy and having a color layer composed of a titanium compound on the surface of the base material. The color layer comprises TiCN, TiC, TiN, or TiAlN. However, Tsukamoto does not expressly teach or suggest a coverage ratio for the surface of the base material.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to XIAOBEI WANG whose telephone number is (571)270-5705. The examiner can normally be reached M-F 8AM-5PM EST.
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, Humera Sheikh can be reached at 571-272-0604. 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.
/XIAOBEI WANG/Primary Examiner, Art Unit 1784
Prosecution Insights