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 .
Response to Amendment
The preliminary amendment filed on 12/05/2024 is entered and acknowledged by the Examiner. Claims 1-5 have been amended. Claims 1-5 are currently pending in the instant application.
Priority
This application is a 371 of PCT/JP2023/020574 (filed on 06/02/2023). Acknowledgment is made of applicant’s claim for foreign priority based on an application filed in Japan on 06/14/2022.
Information Disclosure Statement
The information disclosure statements (IDS) filed on 12/05/2024 and 01/14/2026 are in compliance with the provisions of 37 CFR 1.97 and have been considered by the examiner. An initialed copy accompanies this Office Action.
Drawings
The drawings filed on 12/05/2024 have been considered.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-5 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by WO 2021/117623 A1 (an English equivalent is to US 2023/0029005 A1, hereinafter Sakamoto, will be applied).
Initially, it should be noted that the Sakamoto reference is cited in the IDS filed on 12/05/2024 and as an “X” reference in the international search report filed on 12/05/2024.
Regarding claim 1, Sakamoto discloses a sodium ferrite particle powder (a composite iron oxide particle powder) comprises 30% by weight of NaHCO3 confirmed by X-ray diffraction (See [0100]). The amount of NaHCO3 disclosed by Sakamoto is within the claimed amount of greater than 25% by weight and up to 60% by weight as required in the instant claim. Sakamoto discloses that the sodium ferrite particle powder having an Na/Fe molar ratio of 0.75 to 1.25 (See [0045]). The molar ratio of Na/Fe disclosed by Sakamoto is overlaps the claimed molar ratio of Na/Fe is 0.4 to 1.2 as required in the instant claim.
Regarding claim 2, Sakamoto discloses that the sodium ferrite particle powder comprises iron oxide powder consists of hematite, magnetite, maghemite, and goethite (See [0074]).
Regarding claim 3, Sakamoto discloses that the sodium ferrite particle powder with a primary particle has an axial ratio of an average major axis diameter to an average minor axis diameter that is from 1 to 2 (See [0032]).
Regarding claim 4, Sakamoto discloses that the sodium ferrite particle powder has a pH value is from 8 to 14 (See [0033]).
Regarding claim 5, Sakamoto discloses a method for producing a sodium ferrite particle powder comprises mixing an iron oxide particle powder with a particle powder of a sodium raw material to undergo a solid phase reaction at a temperature of from 150°C to 500°C under a carbon dioxide atmosphere (See [0035] and [0057]).
The reference specifically or inherently meets each of the claimed limitations in their broadest interpretations. The reference is anticipatory.
In view of the foregoing, the above claims have failed to patentably distinguish over the applied art.
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 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.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KHANH TUAN NGUYEN whose telephone number is (571)272-8082. The examiner can normally be reached M-F 9:00 AM to 5:00 PM EST.
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/KHANH T NGUYEN/Primary Examiner, Art Unit 1761
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