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 .
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.
Examiner’s Comment
Claim 3 recites “a compound layer of the metal element M” in line 3. It appears that the claim should recite “a compound layer of a metal element M”.
Claim Rejections - 35 USC § 103
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.
Claims 1-3, 8, 9, 11-14, 17 and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Simpson et al. (US Patent Application No. 2017/0250057) in view of Yokoyama et al. (JP2006-199545, see machine translated version).
Regarding claim 1, Simpson et al. teach a corrosion resistant member (page 1, paragraph [0008]) comprising a laminate body comprising a base and a first layer on the base (page 1, paragraphs [0008], page 8, paragraph [0139]), wherein the first layer is composed of a rare earth element compound, which contains, as a main constituent, a rare earth element that is a metal element (page 1, paragraphs [0008], [0010]).
Simpson et al. fail to teach wherein the first layer, a crystallinity of a region close to the base is lower than a crystallinity of a region far from the base. However, Yokoyama et al. teach a corrosion resistant member (paragraphs [0009], [0010]) comprising a base (paragraphs [0009], [0010]) and a first layer on the base (paragraphs [0010], [0012]) and in the first layer, a crystallinity of a region close to the base is lower than a crystallinity of a region far from the base (paragraph [0012]).
It would have been obvious to a person of the ordinary skill in the art before the effective filing date of the claimed invention to modify the crystallinity of the first layer of Simpson et al. to that of Yokoyama et al. in order to form a thicker film without causing delamination (Yokoyama et al., paragraph [0028]).
Regarding claim 2, Simpson et al. teach a corrosion resistant member (page 1, paragraph [0008]) comprising a laminate body comprising a base (page 1, paragraph [0008], page 8, paragraph [0139]), a compound layer on the base and composed of a metal element M (page 1, paragraphs [0016], [0017], page 2, paragraph [0036]), and a first layer on the compound layer (page 1, paragraphs [0008], [0016]), wherein the first layer is composed of a rare earth element compound, which contains, as a main constituent, a rare earth element that is a metal element (page 1, paragraphs [0008], [0010]).
Simpson et al. fail to teach wherein the compound layer has a uniform crystallinity, and in the first layer, a crystallinity of a region close to the base is lower than a crystallinity of a region far from the base. However, Yokoyama et al. teach a corrosion resistant member (paragraphs [0009], [0010]) comprising a base (paragraphs [0009], [0010]), a compound layer on the base and composed of a metal element M (paragraphs [0009], [0010]) and a first layer on the compound layer (paragraphs [0010], [0012]) and in the first layer, a crystallinity of a region close to the base is lower than a crystallinity of a region far from the base (paragraph [0012]).
Yokoyama et al. do not disclose wherein the compound layer has a uniform crystallinity. However, where in the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges in crystallinity involve only routine skill in the art, absence a showing of criticality. MPEP 2144.05 II. One would have been motivated to modify the crystallinity of the compound layer of Yokoyama et al. in order to form a thicker film without causing delamination (Yokoyama et al., paragraph [0028]).
It would have been obvious to a person of the ordinary skill in the art before the effective filing date of the claimed invention to modify the crystallinity of the compound layer and first layer of Simpson et al. to that of Yokoyama et al. in order to form a thicker film without causing delamination (Yokoyama et al., paragraph [0028]).
Regarding claim 3, Simpson et al. teach wherein the laminate body (page 1, paragraphs [0008], page 8, paragraph [0139]) and a compound layer of the metal element M (page 1, paragraphs [0016], [0017], page 2, paragraph [0036]) and the first layer alternately layered above the laminate body (page 1, paragraphs [008], [0016], page 8, paragraph [0139]), and a surface layer made of the first layer is provided in a region, of the corrosion resistant member, farthest from the base (page 1, paragraphs [0016], [0017]).
Simpson et al. fail to teach wherein the compound layer has a uniform crystallinity. However, Yokoyama et al. teach a corrosion resistant member (paragraphs [0009], [0010]) comprising a base (paragraphs [0009], [0010]), a compound layer on the base and composed of a metal element M (paragraphs [0009], [0010]) and a first layer on the compound layer (paragraphs [0010], [0012]).
Yokoyama et al. do not disclose wherein the compound layer has a uniform crystallinity. However, where in the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges in crystallinity involve only routine skill in the art, absence a showing of criticality. MPEP 2144.05 II. One would have been motivated to modify the crystallinity of the compound layer of Yokoyama et al. in order to form a thicker film without causing delamination (Yokoyama et al., paragraph [0028]).
It would have been obvious to a person of the ordinary skill in the art before the effective filing date of the claimed invention to modify the crystallinity of the compound layer of Simpson et al. to that of Yokoyama et al. in order to form a thicker film without causing delamination (Yokoyama et al., paragraph [0028]).
Regarding claim 8, Simpson et al. teach wherein the compound layer contains a rare earth element (page 1, paragraphs 0016], [0017]).
Simpson et al. do not disclose wherein a content of the rare earth element in the compound layer is less than a content of the rare earth element in the first layer. However, where in the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges in content involve only routine skill in the art, absence a showing of criticality. MPEP 2144.05 II. One would have been motivated to modify the content of rare earth element in the compound layer and first layer of Simpson et al. in order to provide a high temperature corrosion resistant assembly (Simpson et al., page 1, paragraph [0006]).
Regarding claim 9, Simpson et al. teach wherein the first layer is exposed to a surface of the corrosion resistant member (page 1, paragraph [0008]).
Regarding claim 11, Simpson et al. teach wherein the rare earth element compound is an oxide (page 1, paragraphs [0008], [0010]).
Regarding claims 12 and 13, Simpson et al. teach wherein the rare earth element in the first layer is Y (page 1, paragraphs [0008], [0010]) and the metal element M contained in the compound layer is W (page 2, paragraph [0036]).
Regarding claim 14, Simpson et al. teach wherein the base is made of a ceramic (page 1, paragraphs [0008], [0009]).
Regarding claim 17, Simpson et al. teach wherein the compound layer has a thickness of at most about 2 mm or less than 10 µm which reads on Applicant’s claimed an average thickness of the compound layer is from 1 nm to 300 nm (page 8, paragraph [0141]).
Regarding claim 18, Simpson et al. teach a member comprising the laminate body (page 8, paragraph [0139]); and a compound layer and the first layer alternately layered above the laminate body (page 1, paragraphs [0008], [0016], page 8, paragraph [0139]), wherein a surface layer made of the first layer is provided in a region, of the corrosion resistant member, farthest from the base (page 1, paragraph [0008]).
Claims 4-7, 10, 15, 16 and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Simpson et al. (US Patent Application No. 2017/0250057) in view of Yokoyama et al. (JP2006-199545, see machine translated version), in further view of Ishikawa et al. (WO2020/116384, see machine translated version).
Simpson et al. and Yokoyama et al. are relied upon as disclosed above.
Regarding claim 4, Simpson et al. fail to teach wherein an atomic number of the metal element M contained in the compound layer is smaller than an atomic number of the rare earth element contained in the first layer as the main constituent. However, Ishikawa et al. teach a member comprising a base, a compound layer on the base and composed of a metal element M (paragraphs [0014], [0043]-[0045]), and a first layer on the compound layer, wherein the first layer is composed of a rare earth element compound, as a main constituent (paragraph [0014]), a rare earth element that is a metal element (paragraphs [0014], [0016]), wherein the compound layer contains Al (paragraphs [0043]-[0045]) and the first layer contains yttrium (paragraphs [0014], [0016]). An atomic number of the metal element M contained in the compound layer is smaller than an atomic number of the rare earth element contained in the first layer as the main constituent (paragraphs [0014], [0016], [0043]-[0045]).
It would have been obvious to a person of the ordinary skill in the art before the effective filing date of the claimed invention to use the metal element M in the compound layer and rare earth element in the first layer of Simpson et al. as that of Ishikawa et al. in order to improve adhesion strength (Ishikawa et al., paragraph [0006]).
Regarding claim 5, Simpson et al. teach a corrosion resistant member (page 1, paragraph [0008]) comprising a laminate body comprising a base (page 1, paragraph [0008], page 8, paragraph [0139]), a compound layer on the base and composed of a metal element M (page 1, paragraphs [0016], [0017], page 2, paragraph [0036]), and a first layer on the compound layer (page 1, paragraphs [0008], [0016]), wherein the first layer is composed of a rare earth element compound, which contains, as a main constituent, a rare earth element that is a metal element (page 1, paragraphs [0008], [0010]).
Simpson et al. fail to teach wherein an atomic number of the metal element M contained in the compound layer is smaller than an atomic number of the rare earth element contained in the first layer as the main constituent. However, Ishikawa et al. teach a member comprising a base, a compound layer on the base and composed of a metal element M (paragraphs [0014], [0043]-[0045]), and a first layer on the compound layer, wherein the first layer is composed of a rare earth element compound, as a main constituent (paragraph [0014]), a rare earth element that is a metal element (paragraphs [0014], [0016]), wherein the compound layer contains Al (paragraphs [0043]-[0045]) and the first layer contains yttrium (paragraphs [0014], [0016]). An atomic number of the metal element M contained in the compound layer is smaller than an atomic number of the rare earth element contained in the first layer as the main constituent (paragraphs [0014], [0016], [0043]-[0045]).
It would have been obvious to a person of the ordinary skill in the art before the effective filing date of the claimed invention to use the metal element M in the compound layer and rare earth element in the first layer of Simpson et al. as that of Ishikawa et al. in order to improve adhesion strength (Ishikawa et al., paragraph [0006]).
Simpson et al. fail to teach in the first layer, a crystallinity of a region close to the base is lower than a crystallinity of a region far from the base. However, Yokoyama et al. teach a corrosion resistant member (paragraphs [0009], [0010]) comprising a base (paragraphs [0009], [0010]) and a first layer on the base (paragraphs [0010], [0012]) and in the first layer, a crystallinity of a region close to the base is lower than a crystallinity of a region far from the base (paragraph [0012]).
It would have been obvious to a person of the ordinary skill in the art before the effective filing date of the claimed invention to modify the crystallinity of the first layer of Simpson et al. to that of Yokoyama et al. in order to form a thicker film without causing delamination (Yokoyama et al., paragraph [0028]).
Regarding claim 6, Simpson et al. teach wherein the laminate body (page 1, paragraphs [0008], page 8, paragraph [0139]) and a compound layer of the metal element M (page 1, paragraphs [0016], [0017], page 2, paragraph [0036]) and the first layer alternately layered above the laminate body (page 1, paragraphs [0008], [0016], page 8, paragraph [0139]), and a surface layer made of the first layer is provided in a region, of the corrosion resistant member, farthest from the base (page 1, paragraphs [0016], [0017]).
Simpson et al. fail to teach wherein an atomic number of the metal element M contained in the compound layer is smaller than an atomic number of the rare earth element contained in the first layer as the main constituent. However, Ishikawa et al. teach a member comprising a base, a compound layer on the base and composed of a metal element M (paragraphs [0014], [0043]-[0045]), and a first layer on the compound layer, wherein the first layer is composed of a rare earth element compound, as a main constituent (paragraph [0014]), a rare earth element that is a metal element (paragraphs [0014], [0016]), wherein the compound layer contains Al (paragraphs [0043]-[0045]) and the first layer contains yttrium (paragraphs [0014], [0016]). An atomic number of the metal element M contained in the compound layer is smaller than an atomic number of the rare earth element contained in the first layer as the main constituent (paragraphs [0014], [0016], [0043]-[0045]).
It would have been obvious to a person of the ordinary skill in the art before the effective filing date of the claimed invention to use the metal element M in the compound layer and rare earth element in the first layer of Simpson et al. as that of Ishikawa et al. in order to improve adhesion strength (Ishikawa et al., paragraph [0006]).
Regarding claim 7, Simpson et al. fail to teach wherein the metal element M contained in at least the compound layer closest to the surface layer is Al. However, Ishikawa et al. teach a member comprising a base, a compound layer on the base and composed of a metal element M (paragraphs [0014], [0043]-[0045]), and a first layer on the compound layer, wherein the first layer is composed of a rare earth element compound, as a main constituent (paragraph [0014]), a rare earth element that is a metal element (paragraphs [0014], [0016]), wherein the compound layer contains Al (paragraphs [0043]-[0045]).
It would have been obvious to a person of the ordinary skill in the art before the effective filing date of the claimed invention to use the metal element M in the compound layer of Simpson et al. as that of Ishikawa et al. in order to improve adhesion strength (Ishikawa et al., paragraph [0006]).
Regarding claim 10, Simpson et al. fail to teach wherein the compound layer is amorphous. However, Ishikawa et al. teach a member comprising a base, a compound layer on the base and composed of a metal element M (paragraphs [0014], [0043]-[0045]), and a first layer on the compound layer, wherein the first layer is composed of a rare earth element compound, as a main constituent (paragraph [0014]), a rare earth element that is a metal element (paragraphs [0014], [0016]), wherein the compound layer is amorphous (paragraph [0014]).
It would have been obvious to a person of the ordinary skill in the art before the effective filing date of the claimed invention to provide an amorphous compound layer in Simpson et al. as that of Ishikawa et al. in order to enhance covalent bonding thereby enhancing adhesion strength (Ishikawa et al., paragraph [0014]).
Regarding claim 15, Simpson et al. teach wherein the base contains alumina as a main constituent (page 1, paragraphs [0008], [0009]).
Simpson et al. fail to teach wherein the first layer contains an oxide of Y as a main constituent and further contains a composite oxide of Y and Al. However, Ishikawa et al. teach a member comprising a base and a first layer on the base (paragraph [0014]), wherein the base contains alumina (paragraph [0014], [0017]) and the first layer contains an oxide of Y as a main component (paragraphs [0014], [0016], [0030]) and further contains a composite of Y and Al (paragraph [0033]).
It would have been obvious to a person of the ordinary skill in the art before the effective filing date of the claimed invention to use the compounds of the first layer of Ishikawa et al. in the first layer of Simpson et al. in order to improve adhesion strength (Ishikawa et al., paragraph [0006]).
Regarding claim 16, Simpson et al. fail to teach wherein the compound layer contains an oxide of Al as a main constituent, or contains a composite oxide of Y and Al as a main constituent, and the first layer has an amorphous region composed of Y, Al, and O in a region, of the first layer, in contact with the compound layer. However, Ishikawa et al. teach a member comprising a base, a compound layer on the base and composed of a metal element M (paragraphs [0014], [0043]-[0045]), and a first layer on the compound layer, wherein the first layer is composed of a rare earth element compound, as a main constituent (paragraph [0014]), a rare earth element that is a metal element (paragraphs [0014], [0016]), wherein the compound layer contains an oxide of Al as a main constituent (paragraphs [0043]-[0045]) and the first layer has an amorphous region composed of Y, Al and O in a region, of the first layer, in contact with the compound layer (paragraphs [0014], [0033]).
It would have been obvious to a person of the ordinary skill in the art before the effective filing date of the claimed invention to use the compounds of Ishikawa et al. in the compound layer and first layer of Simpson et al. in order to improve adhesion strength (Ishikawa et al., paragraph [0006]).
Regarding claim 19, Simpson et al. fail to teach wherein an atomic number of the metal element M contained in the compound layer is smaller than an atomic number of the rare earth element contained in the first layer as the main constituent. However, Ishikawa et al. teach a member comprising a base, a compound layer on the base and composed of a metal element M (paragraphs [0014], [0043]-[0045]), and a first layer on the compound layer, wherein the first layer is composed of a rare earth element compound, as a main constituent (paragraph [0014]), a rare earth element that is a metal element (paragraphs [0014], [0016]), wherein the compound layer contains Al (paragraphs [0043]-[0045]) and the first layer contains yttrium (paragraphs [0014], [0016]). An atomic number of the metal element M contained in the compound layer is smaller than an atomic number of the rare earth element contained in the first layer as the main constituent (paragraphs [0014], [0016], [0043]-[0045]).
It would have been obvious to a person of the ordinary skill in the art before the effective filing date of the claimed invention to use the metal element M in the compound layer and rare earth element in the first layer of Simpson et al. as that of Ishikawa et al. in order to improve adhesion strength (Ishikawa et al., paragraph [0006]).
Conclusion
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/Chinessa T. Golden/Primary Examiner, Art Unit 1788 10/13/2026
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