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 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 1-9 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.
Regarding claim 1, the limitation “wherein the three-phase system has a ratio of Y4Al2O9:Y2O3+MgO is between 1:200 and 1:3” is unclear because it is not clear what units are being compared in the ratio. For example, a mass ratio, a molar ratio, and a volume ratio would all give different values.
All claims not specifically addressed are rejected due to their dependence on a rejected claim.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The closest prior art is Tsutsumi et al. (US20130299749, hereinafter referred to as Tsutsumi). Tsutsumi discloses MgO (see Tsutsumi at the Abstract), Al2O3 (see Tsutsumi at the Abstract) and Y2O3 (see Tsutsumi at [0006]). Tsutsumi discloses YAM (Y4Al2O9) (see Tsutsumi at [0035]). However, per instant claim 1, Tsutsumi fails to disclose or make obvious the three-phase system has a ratio of Y4Al2O9:Y2O3+ MgO of between 1:200 and 1:3.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CAMERON K MILLER whose telephone number is (571)272-4616. The examiner can normally be reached M-F 8:00am - 5:00pm EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Amber Orlando can be reached at (571) 270-3149. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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CAMERON K MILLER
Examiner
Art Unit 1731
/CAMERON K MILLER/Examiner, Art Unit 1731
