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 .
Specification
The disclosure is objected to because of the following informalities:
(i) The specification should be amended, changing such recitations of "two or more laminated layers of RuAl and MgTiO or MgO" as noted above, to the term -- two or more laminated layers of RuAl, and MgTiO or MgO-- to enhance clarity (e.g., see paragraphs [0006, 0007, 0008, etc.].
(ii) With regard to page 17 (line 6 of paragraph [0052]), the term "314over" should be changed to the term --314 over--.
(iii) With regard to page 17 (line 1 of paragraph [0053]), the term "314may" should be changed to the term --314 may--.
(iv) With regard to page 18 (line 2 of paragraph [0055]), the term "314and" should be changed to the term --314 and--.
(v) The Applicant should update the U.S. application numbers referenced in the specification at page 8 (lines 2 and 4) - U.S. Patent Applications 18/367,877 and 18/367,882 have now matured into U.S. Patent Nos. 12,394,432 and 12,412,597, respectively.
(vi) The Applicant should update the U.S. application numbers referenced in the specification at page 21 (line 13) - U.S. Patent Applications 18/545,847 has now matured into U.S. Patent No. 12,405,323.
Appropriate correction is required.
The lengthy specification has not been checked to the extent necessary to determine the presence of all possible minor errors. Applicant’s cooperation is requested in correcting any errors of which applicant may become aware in the specification.
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 8 and 18 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.
The following phrase(s) lack clear antecedent basis within the claim(s), i.e., either the particularly recited passage fails to be properly introduced prior to its appearance at that point in the claim or the structure recited in the passage is not an inherent part of or component of the previously recited structure:
(i) Claim 8 (lines 1-2), "the W-X body-centered cubic (bcc) alloys, where X is one or more of Ta, Hf, Ti, V, Nb, and Mo." Note: the term recited in claim 8 was deleted in an amendment to claim 1.
(ii) Claim 18 (lines 1-2), "the W-X body-centered cubic (bcc) alloys, where X is one or more of Ta, Hf, Ti, V, Nb, and Mo." Note: the term recited in claim 18 was deleted in an amendment to claim 12.
Allowable Subject Matter
Claims 1-7, 9-17, 19-23 and 25-34 are tentatively considered allowable over the art of record, pending an updated search, amendments or arguments presented by the Applicant and considered by the Examiner in reply to this office communication.
Reasons for Allowance
The following is an Examiner's statement of reasons for allowance:
The prior art of record fails to fairly, teach, show or suggest, by either anticipating or rendering obvious, the invention as set forth in the claims of the instant application.
Furthermore, an update of a search previously made does not detect the combined claimed elements as set forth in the pending claims. Additionally, the reasons for allowance of the claims over the prior art of record is believed to be clear from the prosecution history taken as a whole.
After further consideration of the applied art as set forth in the Non-Final office action mailed on March 25, 2026 (and other art made of record), the Examiner has been persuaded by the Applicant's arguments (in conjunction with the amended independent claims 1, 12, and 23) as presented at pages 11-12 (in particular) of the Amendment/Response filed on June 11, 2026.
The prior art of record, however, does not teach, show or suggest, the claimed structure, in view of the Applicant's amendments. It is noted, however, that the Applicant's amendments must be considered in relation to the claimed invention, as a whole, and not in a piecemeal manner. More concretely, it is the clamed invention in its entirety in conjunction with the Applicant's amendment, as noted above, that render the claimed invention patentable over the art made of record.
Thus, the prior art of record does not disclose the invention as set forth in the manner, function and relationship relative to other claimed structure as prescribed by the independent claims 1, 12, and 23.
The Examiner has further conducted an updated search, based upon the amendments presented in the Response filed on June 11, 2026, and has determined that no new art would either anticipate nor render obvious the invention as now claimed (alone or in combination). Furthermore, the Examiner has thoroughly reviewed the art previously made of record, and has determined that such previously cited art fails to anticipate or render obvious the invention as now claimed (alone or in combination).
Additionally, dependent claims 2-7, 9-11 and 13-17, 19-22 have been allowed, due to the allowability of the independent claims 1 and 12, respectively, from which they depend (directly or indirectly).
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to William J Klimowicz whose telephone number is (571)272-7577. The examiner can normally be reached Monday-Thursday, 8:00AM-6PM, ET.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Steven Lim can be reached at (571)270-1210. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/WILLIAM J KLIMOWICZ/Primary Examiner, Art Unit 2688
Prosecution Insights