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 § 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 1-5 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.
It is unclear whether there is any connection between the remainder comprising a zirconia component as a main component, and the refractory particles. Is the remainder the same or different from the refractory particles.
It is not clear whether the free carbon component is the same or different than the carbon-containing matrix microstructure.
The claim is rendered indefinite because it is confusing what is meant by “a total thickness of the void layer across two oppositions on an interface between a carbon-containing matrix microstructure and the coarse particles, located on opposed sides of the void layer. It is not clear which portions of the continuous void layer refer to the opposite sides of the void layer. The void is formed between the spaces of the refractory particles comprising an aggregate. Because the void spaces are discontinuous in view of the aggregate, it is unclear how a continuous void layer could form. Further, is the void layer present at the interface of the layer of coarse particles and the layer of a carbon-containing matrix microstructure?
The term “approximately” in the claim is a relative term which renders the claim indefinite. The term “approximately” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. The “approximately continuous” is ambiguous because it is unclear which percent of continuity of the void layer is required to maintain around the particle.
The claim appears confusing because the sum of the volume percent of the particles having a particle size of greater than 0.3 mm and the particles having a particle size or 0.045 mm or less is not 100% by volume as required by the claim. Which refractory particles refer to the coarse particles? What is the particle size of the coarse particle? Appropriate correction is required.
The refractory particles have a particle size greater than 0.3 mm account for 5% by volume or more, and a particle size of 0.045 mm or less account for 5 to 40% by volume. In order to distinguish the particle size greater than 0.3 mm from the particle size of 0.045 mm or less, the refractory particles can be broken into the first and second refractory particles wherein the first refractory particles comprise a first particle size greater than 0.3 mm and wherein the second refractory particles comprise a second particle size of 0.045 mm or less.
Conclusion
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/Hai Vo/
Primary Examiner
Art Unit 1788
