DETAILED ACTION
Election/Restrictions
Applicant's election with traverse of Group I, claims 1-3 and 8, in the reply filed on March 4, 2026 is acknowledged. Applicants’ arguments filed March 4, 2026 have been considered and are found to be persuasive. The restriction requirement dated January 6, 2026 is withdrawn, claims 1-9 are pending and fully examined for patentability.
Claim Rejections - 35 USC § 112(b)
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 4-7 and 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 4 requires a cooling step where “in the cooling step, a gas for cooling in an amount…of a total amount of an inert gas and the reducing gas required for the reaction is used”. The amount of cooling gas is established against a total of an inert gas and reducing gas. Applicants’ specification at paragraph 0041 references a cooling unit that cools “using an inert gas as a medium for cooling”. Paragraph 0042 references raw material introduced by a non-reactive inert gas and states that “The nickel chloride vapor obtained in the vaporizing unit 1 passes through the introduction pipe 5 and is introduced into the reaction unit 2 together with the inert gas for transportation.”. Paragraph 0046 additionally discusses an inert gas used for transportation as well as stating “the powder is cooled by the inert gas”. While applicants’ claims are not limited by the detailed description, it is unclear if the inert gas as claimed is a portion of the total including the cooling gas and the inert gas used for transportation, or is only based on any inert gas present in the reaction step. Do applicants intend separate cooling gases from inert gases, or can the cooling and inert gases be the same gas. If they are the same it is unclear if they are considered as separate portions, such as the cooling portion and any inert carrier portion? For purposes of examination the amount of gas for cooling will be considered relative to the total amount of inert gas (regardless of step or source) together with the amount of reducing gas.
Claims 5-7 and 9 are rejected as depending directly or indirectly form claim 4 as rejected above.
Allowable Subject Matter
Claims 1-3 and 8 are allowed. Ito et al. (JP 2000045001A, references herein made to the English language translation from espacenet dated January 2, 2026). Ito et al. disclose metal powders such as nickel metal powders but do not disclose the powder to conform to the claimed parameters. In view of applicants’ traversal to the restriction requirement filed March 4, 2026, there is insufficient evidence such that one of ordinary skill in the art would have concluded that the powder of Ito et al. inherently exhibits parameters within the claimed ranges. Further there is no motivation such that one of ordinary skill in the art would have found it obvious to modify the process of Ito et al. such as to obtain a nickel powder exhibiting the claimed characteristics.
Claims 4-7 and 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. Ito et al. disclose a gas phase reduction process where nickel chloride gas is mixed with a reducing gas (page 6 lines 15-18), the nickel powder then being cooled by blowing of an inert gas, where the purity of the powder is 99.5% or greater (page 7 lines 4-34). Ito et al. do not appear to explicitly disclose that a gas cooled in the cooling step is prevented from flowing back to the reaction step, or specify a gas for cooling in an amount of 0.5 to 5.0 times molar amount of a total of an inert gas and the reducing gas required for the reaction. Further there is no motivation such that one of ordinary skill in the art before the effective filing date of applicants’ claimed invention would have found it obvious to modify the process of Ito et al. to conform to the cooling process including flow back prevention together with a cooling gas amount within the claimed range.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ADAM C KRUPICKA whose telephone number is (571)270-7086. The examiner can normally be reached Monday-Friday 8-5pm EST.
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/Adam Krupicka/Primary Examiner, Art Unit 1784
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