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 with traverse of Group I, claims 1-14, in the reply filed on 12 February 2026 is acknowledged. The traversal is on the ground(s) that He does not disclose a metallic glass as specifically recited in the claims of Group I. This is not found persuasive.
Applicant sets forth the assertion that the applied reference of He does not disclose a metallic glass recited in the claims of Group I. However, Applicant does not set forth any rationale or support for this conclusory statement. As set forth in the Requirement for Unity of Invention, He sets forth a composition that overlaps the claimed ranges and therefore a prima facie case of obviousness exists. Therefore, the shared technical feature cannot be a special technical feature since it does not make a contribution over the prior art in view of U.S. Patent Application Publication Number 2013/0032252.
The requirement is still deemed proper and is therefore made FINAL.
Claim 15 is withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected invention, there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on 12 February 2026.
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
The information disclosure statements (IDS) submitted on 21 October 2024, 25 October 2024, and 11 February 2025 were considered by the examiner.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 1-14 are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Patent Application Publication Number 2013/0032252 (He).
In regards to independent claim 1 and dependent claims 2-5, He is directed to an amorphous alloy (or metallic glass), more particularly to an amorphous nickel-free zirconium alloy which is readily formed through copper mold casting. (¶2) The amorphous alloy can have the chemical formula ZraNbfTibCucAld, where a, b, c, d, f are atomic percents of the first to fourth elements and the additional element respectively, wherein a=45 ~ 69%, b=0.25 ~ 8%, c=21 ~ 35%, d=7.5 ~ 13%, b + f=0.25 ~ 10%, where a sum of a, b, c, d and f is equal to 100%. (¶21, Claim 8) These compositions overlap the claimed compositional ranges. Therefore, a prima facie case of obviousness is established.
As to claim 6, the percentage of amorphous phase is basically 95%. (¶25)
As to claims 7-8, the critical thickness is at least 1 mm. (¶25) This range overlaps the claimed range.
As to claims 9-13, it appears from the instant specification that the claimed properties arise due to the composition of the metallic glass. (See ¶62-70 of Specification) The alloy composition makes it possible to obtain parts having an exceptional compromise of properties. (¶73 of Specification) The part can be made by melting a mixture of metals to obtain an alloy, molding the obtained alloy, cooling to obtain an amorphous alloy, and demolding. (¶77 of Specification) Likewise, as discussed above, He sets forth an alloy composition that overlaps the claimed composition. Likewise, it sets forth a method of producing a part that is identical or substantially identical to that of the instant application. In particular, an alloy is formed through copper mold casting. (¶12) The components of the alloy are melted and copper mold casted. (¶28) The amorphous alloy is formed through a critical cooling rate. (¶30) Therefore, since the prior art sets forth compositional ranges that overlap the claimed amounts and sets forth a method that is identical or substantially identical to that used to produce the claimed properties, it would likewise be expected that the product of the prior art would meet the claimed product limitations.
As to claim 14, the product can be used in biomedical device or implants. (¶8)
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
U.S. Patent Number 5,735,975 is directed to quinary alloys that form metallic glass. (Abstract) Such alloys comprise zirconium and/or hafnium in the range of 45 to 65 atomic percent, titanium and/or niobium in the range of 4 to 7.5 atomic percent, and aluminum and/or zinc in the range of 5 to 15 atomic percent. (Abstract) While this reference sets for compositional ranges that overlap many of the claimed ranges, it includes the presence of nickel and/or cobalt. (Abstract and claim 1) Therefore, this would not meet the limitation of the instant claims that precludes other elements outside of the range of not more than 0.1% by weight each and not more than 0.5% by weight in total. Therefore, this reference does not set forth each and every claimed limitation of the instant claims.
U.S. Patent Number 6,592,689 is directed to a bulk metallic glass to stabilize one phase relative to another. (Abstract) However, this reference sets forth that the nickel such that it fails to meet the limitation of the instant claims that precludes other elements outside of the range of not more than 0.1% by weight each and not more than 0.5% by weight in total. Therefore, this reference does not set forth each and every claimed limitation of the instant claims.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Daniel Schleis whose telephone number is (571)270-5636. The examiner can normally be reached 10 AM to 4 PM Monday through Friday.
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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.
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Daniel J. Schleis
Primary Examiner
Art Unit 1784
/Daniel J. Schleis/Primary Examiner, Art Unit 1784