DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
Priority
The instant application is a continuation of US App. No. 14/233,617 (now US Pat. 11,344,941) filed February 7, 2014, which is a 371 of PCT/JP2012/068211 (published as WO 2013/012006) filed on July 18, 2012.
Receipt is acknowledged of certified copies of JP 2011-160090 filed July 21, 2011 and JP 2012-014656 filed January 26, 2012 in US App No. 14/233,617 as required by 37 CFR 1.55.
Claim Status
The Office Action is in response to Applicant’s Remarks and Claim Amendments filed September 16, 2025.
Claims Filing Date
September 16, 2025
Amended
9, 10
Cancelled
1-8
Pending
9-17
Withdrawn
10-17
Under Examination
9
Response to Arguments
Applicant's arguments filed September 16, 2025 directed to unexpected results have been fully considered but they are not persuasive.
The applicant argues cooling at 3°C/s or less secures ductility (applicant’s specification [0005], [0050]. [0053]-[0056]) (Remarks p. 5 para. 3) as evidenced by unexpected results over the examples and comparative examples of Table 2, where comparative examples 1-3 have higher cooling rates, much lower retained austenite, and lower total elongation, such that the vol% of retained austenite and the maximum opening displacement are affected by the cooling rate (Remarks p. 6 para. 1).
In response to applicant's argument that the references fail to show certain features of the invention, it is noted that the features upon which applicant relies (i.e., ductility) are not recited in the rejected claim(s). Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993).
Applicant appears to be arguing the amended average cooling rate from (Ms point-150)°C to 40°C of 3 °C/sec or less results in an unexpected hot-press-formed steel member as supported by applicant’s Table 2, and, in particular, the ductility, vol% of retained austenite, and maximum opening displacement.
To establish unexpected results over a claimed range, applicants should compare a sufficient number of tests both inside and outside the claimed range to show the criticality of the claimed range. MPEP 716.02(d)(II).
Applicant’s Table 2 includes examples with cooling rates of 17.0, 0.2, 0.3, and 2.0 °C/sec from (Ms point-150)°C to 40°C. This data is insufficient to establish the criticality of a cooling rate of 3°C/sec because it does not include a sufficient number of tests around the 3.0°C/sec endpoint. Further, applicant’s specification discloses an average cooling rate from (Ms point-150)°C to 40°C of 5°C/sec or less ([0053]), suggesting that a steel cooled at 3°C/sec or less is not different from a steel cooled at more than 3°C/sec to 5°C/sec.
Further, with respect to how the cooling rate affects the hot-press-formed steel member product, applicant’s specification at [0054] recites that “on condition that a high-Si steel sheet is used,…, a cooling rate after forming is intentionally decreased, thereby a certain amount of retained γ can be secured in a microstructure of a resultant steel member”. Pending claim 9 lines 15-16 recite “a steel microstructure contains 2 vol% or more of retained austenite”. Therefore, absent evidence to the contrary, it appears that prior art that reads on the claimed 2 vol% or more of retained austenite is not further limited by the claimed product-by-process limitation of an average cooling rate from (Ms point-150)°C to 40°C of 3 °C/sec or less.
In applicant’s Table 2, the El(%) (elongation, an indication of ductility according to applicant, Remarks p. 6 para. 1) for the examples with 2 vol% or more retained γ range from 8.0 % (No. 17) to 13.7 % (No. 16). For the examples with less than 2 vol% retained γ ductility is 6.2 % (No. 4) to 9.3 % (No. 3). This overlap of ductility suggests that applicant’s argued ductility is still achieved in the comparative examples that having an average cooling rate from (Ms point-150)°C to 40°C of 17.0°C/sec and that secure less than 2 vol% retained γ. This does not support applicant’s allegation of unexpected results since the comparative examples include the argues unexpected property of ductility as evidenced by elongation (El(%)).
Applicant’s specification at [0055] recites that the average cooling rate from (Ms point-150)°C to 40°C shortens the time required for hot press forming, “thus the time required for manufacturing one component is also shortened, leading to an increase in productivity”. While this influences the processing, this disclosure does not appear to impact the hot-press-formed steel member product as claimed.
As presented in detail below, the pending prior art rejections read on the claimed retained austenite vol%, such that the prior art products render obvious the claimed hot-press-formed steel member.
Senuma and Senuma in view of either one of Inoue or Asanuma
Applicant’s arguments, see Remarks p. 5 paras. 2-3, filed September 16, 2025, with respect to Senuma have been fully considered and are persuasive. The rejections of Senuma and of Senuma in view of either one of Inoue or Asanuma have been withdrawn.
The applicant persuasively argues amended claim 9 recites a cooling rate of 3°C/sec or less, whereas in Senuma Comparative Example 8 does not contain sufficient strength and has a cooling rate of 5°C/sec and Senuma discloses a cooling rate lower limit of 10°C/s because a cooling rate slower produces structures with relatively low strength ([0012]), where all the exemplary embodiments cool at rates of 20 to 100°C/s, such that Senuma teaches away from the amended claimed cooling rate (Remarks p. 5 para. 2) and is silent to ductility (Remarks p. 5 para. 3).
Matsuda in view of Inoue
Matsuda in view of Inoue discloses 5 to 40 area% residual austenite (Matsuda [011], [0020]-[0026], [0029]-[0032]) and increased productivity (high working ratio) (Inoue [0017]) by multistage pressing (Inoue [0012]-[0015], [0017]) to minimize springback and form a product with high precision (Inoue [0018]).
Matsuda in view of Senuma and optionally Asanuma
Matsuda in view of Senuma and optionally Asanuma discloses 5 to 40 area% residual austenite (Matsuda [011], [0020]-[0026], [0029]-[0032]) and increased productivity (Senuma [0006], [0010], [0012]; Asanuma [0007]) by two or more press steps (Senuma [0007], [0012]) to form a product with excellent shape precision (Senuma [0009]; Asanuma [0007], [0008], [0018]-[0021]).
Kobayashi in view of Inoue
Kobayashi in view of Inoue discloses hot pressing at 550°C or more then cooling at a rate of 3 to 400°C/sec (Kobayashi [0015], [0016], [0046]-[0051]) to manufacture a hot formed steel article (Kobayashi [0001]) with 10 % or less retained austenite (Kobayashi [0040]) and increased productivity (high working ratio) (Inoue [0017]) by multistage pressing (Inoue [0012]-[0015], [0017]) to minimize springback and form a product with high precision (Inoue [0018]).
Kobayashi in view of Senuma and optionally Asanuma
Kobayashi in view of Senuma and optionally Asanuma discloses hot pressing at 550°C or more then cooling at a rate of 3 to 400°C/sec (Kobayashi [0015], [0016], [0046]-[0051]) to manufacture a hot formed steel article (Kobayashi [0001]) with 10 % or less retained austenite (Kobayashi [0040]) and increased productivity (Senuma [0006], [0010], [0012]; Asanuma [0007]) by two or more press steps (Senuma [0007], [0012]) to form a product with excellent shape precision (Senuma [0009]; Asanuma [0007], [0008], [0018]-[0021]).
Chen in view of Inoue
Chen in view of Inoue discloses cooling to 400 to 550°C, then cooling to room temperature preferably at 0.5 to 5°C/sec (Chen 6:2-33, 7:1-24, 8:30-33, 9:1-11) to manufacture a hot formed steel article (Chen 1:1-5) with 5 to 15 vol% retained austenite (Chen 5:2-6, 8:21-24) with increased productivity (high working ratio) (Inoue [0017]) by multistage pressing (Inoue [0012]-[0015], [0017]) to minimize springback and form a product with high precision (Inoue [0018]).
Chen in view of Senuma and optionally Asanuma
Chen in view of Senuma and optionally Asanuma discloses cooling to 400 to 550°C, then cooling to room temperature preferably at 0.5 to 5°C/sec (Chen 6:2-33, 7:1-24, 8:30-33, 9:1-11) to manufacture a hot formed steel article (Chen 1:1-5) with 5 to 15 vol% retained austenite (Chen 5:2-6, 8:21-24) with increased productivity (Senuma [0006], [0010], [0012]; Asanuma [0007]) by two or more press steps (Senuma [0007], [0012]) to form a product with excellent shape precision (Senuma [0009]; Asanuma [0007], [0008], [0018]-[0021]).
Hiroaki in view of Inoue
Hiroaki in view of Inoue discloses cooling from 200 to 1100°C to a temperature of 5 to 40°C at a rate of 0.1°C/sec or more (Hiroaki [0008], [0033]-[0039]) to manufacture a hot pressed high strength steel component (Hiroaki [0001], [0006]) with 40 area% or less retained austenite (Hiroaki [0032]) with increased productivity (high working ratio) (Inoue [0017]) by multistage pressing (Inoue [0012]-[0015], [0017]) to minimize springback and form a product with high precision (Inoue [0018]).
Hiroaki in view of Senuma and optionally Asanuma
Hiroaki in view of Senuma and optionally Asanuma discloses cooling from 200 to 1100°C to a temperature of 5 to 40°C at a rate of 0.1°C/sec or more (Hiroaki [0008], [0033]-[0039]) to manufacture a hot pressed high strength steel component (Hiroaki [0001], [0006]) with 40 area% or less retained austenite (Hiroaki [0032]) with increased productivity (Senuma [0006], [0010], [0012]; Asanuma [0007]) by two or more press steps (Senuma [0007], [0012]) to form a product with excellent shape precision (Senuma [0009]; Asanuma [0007], [0008], [0018]-[0021]).
Yu
Yu discloses 2 vol% or more retained austenite (3. Results and discussion, Figs. 3, 5) where elastic modulus and inelastic behavior influence springback (opening displacement) (4. Springback simulation, 5. Conclusion, figs. 9-14) and springback (opening displacement) influences final dimensions (Abstract, 1. Introduction), such that maximum opening displacement (springback) is a result effective variable that is characterized as routine experimentation. MPEP 2144.05(II)(B).
Claim Rejections - 35 USC § 103
The following is a quotation of pre-AIA 35 U.S.C. 103(a) which forms the basis for all obviousness rejections set forth in this Office action:
(a) A patent may not be obtained though the invention is not identically disclosed or described as set forth in section 102, if the differences between the subject matter sought to be patented and the prior art are such that the subject matter as a whole would have been obvious at the time the invention was made to a person having ordinary skill in the art to which said subject matter pertains. Patentability shall not be negatived by the manner in which the invention was made.
In the below rejections that rely on prior art cited in the information disclosure statement (IDS) filed April 25, 2022 by applicant copies of the references can be found in the parent application, US App. No. 14/233,617.
Claim 9 is rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Matsuda (WO 2011/111333 machine translation) in view of Inoue (US 2011/0165431).
Regarding claim 9, Matsuda discloses a high-strength press member (i.e. hot-press-formed steel member) ([0001]) with a composition that overlaps with that claimed ([0011], [0033]-[0045]) and a structure of 10 to 85 area% martensite, 5 to 40 area% residual austenite (i.e. the hot-press-formed steel member being characterized by having a steel microstructure that contains 2 vol% or more of retained austenite), and 5 area% or more bainitic ferrite ([0011], [0020]-[0026], [0029]-[0032]) manufactured by heating to 750 to 1000°C (i.e. heating a steel sheet to an Ac3 transformation point or higher) ([0048]), heat pressing at 350 to 900°C (i.e. hot press forming the steel sheet at the Ms point or higher, wherein the start temperature of the hot press forming is the heating temperature or lower and a Ms point or higher) ([0050]), then cooling to a first temperature range of 50 to 350°C (i.e. cooling from (Ms point-150)°C to 40°C) to secure martensite, bainitic ferrite, and residual austenite ([0051]). In the case where the claimed ranges “overlap or lie inside ranges disclosed by the prior art” a prima facie case of obviousness exists. MPEP 2144.05(I).
Element
Claim 9 mass%
Matsuda weight%
Matsuda
C
0.10 to 0.30
0.12 to 0.69
[0033]
Si
1.0 to 2.5
Preferably 0.5 to 2.6
[0034]
Si+Al
1.0 to 3.0
0.7 or more
[0040]
Mn
1.5 to 3.0
0.5 to 3.0
[0035]
Fe
Remainder
Balance
[0046]
Impurities
Inevitable
Unavoidable
[0046]
Matsuda is silent to hot press forming the steel sheet two or more times, and by including a portion which is formed through a first hot press forming and is further subjected to one or more subsequent hot press forming.
Inoue discloses a pressed product ([0002]) in the shape of a box ([0005]) that was processed by multistage press working a blank plate made of metal with a first pressing step and a second pressing step ([0012]-[0015], [0017]) under a heated condition ([0018]).
It would have been obvious to one of ordinary skill in the art to perform the heat pressing process of Matsuda as a multistage press (i.e. two or more times) in a heated condition because it carries out press forming at a high working ratio (i.e. high productivity) (Inoue [0017]) with good workability to minimize springback, cracking, or the like, and it forms a product with high precision (Inoue [0018]).
The limitation of the average cooling rate of 3°C/sec or less from (Ms point-150)°C to 40°C has been considered and determined to recite a product-by-process claim limitation. The limitation of a maximum opening displacement of 0.1 mm or more and 2.4 mm or less has been considered and determined to recite a property of the hot-press-formed steel member. Claim 9 is directed to a hot-press-formed steel member product. “[E]ven though product-by-process claims are limited and defined by the process, determination of patentability is based on the product itself. The patentability of a product does not depend on its method of production. If the product in the product-by-process claim is the same as or obvious from a product of the prior art, the claim is unpatentable even though the prior product was made by a different process.” MPEP 2113(I). In the instant case the composition (i.e. C: 0.10-0.30 mass%, Si: 1.0-2.5 mass%, Si+Al: 1.0-3.0 mass%, Mn: 1.5 to 3.0 mass%, remainder iron and inevitable impurities), structure (i.e. 2 vol% or more retained austenite), and hot press forming process (two or more times at Ms point or higher) of the prior art (i.e. Matsuda [0001], [0011], [0020]-[0026], [0029]-[0045], [0048]-[0051]; Inoue [0012]-[0015], [0017]) are substantially similar to the claimed composition, structure, and hot press process (claim 1 lines 3-9, 14, 15), such that the prior art (i.e. Matsuda in view of Inoue) renders the claimed high-strength press member product obvious, including the property of a maximum opening displacement of 0.1 mm or more and 2.4 mm or less.
In the event it is determined that the claimed maximum opening displacement of 0.1 mm or more and 2.4 mm or less is not rendered obvious over the disclosure of Matsuda in view of Inoue, then the below rationale from Inoue is applied.
With respect to a maximum opening displacement, Inoue discloses a pressed product ([0002]) processed by multistage press working a blank plate made of metal with a first pressing step and a second pressing step ([0012]-[0015], [0017]) under a heated condition to minimize springback (maximum opening displacement) ([0018]).
It would have been obvious to one of ordinary skill in the art in the process of Senuma to minimize springback (maximum opening displacement) to produce a product with an extremely small outside corner radius with high precision (Inoue [0018]). Differences in concentration or temperature (or maximum opening displacement) will not support the patentability of subject matter encompassed by the prior art unless there is evidence indicating such concentration or temperature (or maximum opening displacement) is critical. “[W]here the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation.” MPEP 2144.05(II)(A).
Claim 9 is rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Matsuda (WO 2011/111333 machine translation) in view of Senuma (JP 2005-152969 machine translation) and optionally Asanuma (JP H07-150303 machine translation).
Regarding claim 9, Matsuda discloses a high-strength press member (i.e. hot-press-formed steel member) ([0001]) with a composition that overlaps with that claimed ([0011], [0033]-[0045]) and a structure of 10 to 85 area% martensite, 5 to 40 area% residual austenite (i.e. the hot-press-formed steel member being characterized by having a steel microstructure that contains 2 vol% or more of retained austenite), and 5 area% or more bainitic ferrite ([0011], [0020]-[0026], [0029]-[0032]) manufactured by heating to 750 to 1000°C (i.e. heating a steel sheet to an Ac3 transformation point or higher) ([0048]), heat pressing at 350 to 900°C (i.e. hot press forming the steel sheet at the Ms point or higher, wherein the start temperature of the hot press forming is the heating temperature or lower and a Ms point or higher) ([0050]), then cooling to a first temperature range of 50 to 350°C (i.e. cooling from (Ms point-150)°C to 40°C) to secure martensite, bainitic ferrite, and residual austenite ([0051]). In the case where the claimed ranges “overlap or lie inside ranges disclosed by the prior art” a prima facie case of obviousness exists. MPEP 2144.05(I).
Element
Claim 9 mass%
Matsuda weight%
Matsuda
C
0.10 to 0.30
0.12 to 0.69
[0033]
Si
1.0 to 2.5
Preferably 0.5 to 2.6
[0034]
Si+Al
1.0 to 3.0
0.7 or more
[0040]
Mn
1.5 to 3.0
0.5 to 3.0
[0035]
Fe
Remainder
Balance
[0046]
Impurities
Inevitable
Unavoidable
[0046]
Matsuda is silent to hot press forming the steel sheet two or more times, and by including a portion which is formed through a first hot press forming and is further subjected to one or more subsequent hot press forming.
Senuma discloses hot press forming a steel plate using a multi-stage press working process with two or more press steps in a temperature range of 600°C or more ([0007], [0012]).
It would have been obvious to one of ordinary skill in the art to perform the heat pressing process of Matsuda as a multi-stage press working process with two or more press steps in a temperature range of 600°C or more to form a product with excellent shape precision (Senuma [0009]) by a high productivity process (Senuma [0006], [0010], [0012]) that achieves a final product with sufficient strength (Senuma [0011]).
The limitation of the average cooling rate of 3°C/sec or less from (Ms point-150)°C to 40°C has been considered and determined to recite a product-by-process claim limitation. The limitation of a maximum opening displacement of 0.1 mm or more and 2.4 mm or less has been considered and determined to recite a property of the hot-press-formed steel member. Claim 9 is directed to a hot-press-formed steel member product. “[E]ven though product-by-process claims are limited and defined by the process, determination of patentability is based on the product itself. The patentability of a product does not depend on its method of production. If the product in the product-by-process claim is the same as or obvious from a product of the prior art, the claim is unpatentable even though the prior product was made by a different process.” MPEP 2113(I). In the instant case the composition (i.e. C: 0.10-0.30 mass%, Si: 1.0-2.5 mass%, Si+Al: 1,0-3.0 mass%, Mn: 1.5 to 3.0 mass%, remainder iron and inevitable impurities), structure (i.e. 2 vol% or more retained austenite), and hot press forming process (two or more times at Ms point or higher) of the prior art (i.e. Matsuda [0001], [0011], [0020]-[0026], [0029]-[0045], [0048]-[0051]; Senuma [0007], [0012]) are substantially similar to the claimed composition, structure, and hot press process (claim 1 lines 3-9, 14, 15), such that the prior art (i.e. Matsuda in view of Senuma) renders the claimed high-strength press member product obvious, including the property of a maximum opening displacement of 0.1 mm or more and 2.4 mm or less.
In the event it is determined that the claimed maximum opening displacement of 0.1 mm or more and 2.4 mm or less is not rendered obvious over the disclosure of Matsuda in view of Senuma, then the below rejection in view of Asanuma is applied.
With respect to a maximum opening displacement, Asanuma discloses the amount of springback that occurs during die bending ([0001]) with improved forming dimensional accuracy ([0007]) by limiting the amount of springback to the value SB ([0008], [0021]) and deviation from bending angle for V-bend, U-bend, and seam bending ([0018]-[0020]).
It would have been obvious to one of ordinary skill in the art for the hot-press-formed steel of Matsuda in view of Senuma to minimize a deviation of bending angle to improve the dimensions of the product shape (Asanuma [0003]), improving material yield by reducing the amount of springback during die bending (Asanuma [0007]). Controlling the amount of springback, SB value, and minimizing the deviation of bending angle (Asanuma [0008], [0018]-[0021]) are related to the claimed maximum opening displacement of 0.1 mm or more and 2.4 mm or less. Differences in concentration or temperature (or maximum opening displacement) will not support the patentability of subject matter encompassed by the prior art unless there is evidence indicating such concentration or temperature (or maximum opening displacement) is critical. “[W]here the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation.” MPEP 2144.05(II)(A).
Claim 9 is rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Kobayashi (JP 2010-174281 machine translation) in view of Inoue (US 2011/0165431).
Regarding claim 9, Kobayashi discloses a hot pressed member (i.e. hot-press-formed steel member) ([0001]) with a structure that is 90 to 100% martensite ([0039]) and an area ratio of 10% or less retained austenite (i.e. a microstructure that contains 2 vol% or more of retained austenite) ([0040]) and a tensile strength of 1470 to 1750 MPa ([0010], [0017]) and a composition that overlaps with that claimed ([0012], [0018]-[0036]) manufactured by heating to a temperature range of (Ac3 transformation point) to (Ac3 transformation point + 50)°C (i.e. heating a steel sheet to an Ac3 transformation point or higher), hot pressing at 550°C or more (i.e. hot press forming at the Ms point or higher with a start temperature of the heating temperature or lower and a Ms point or higher), then cooling at a rate of 3 to 400°C/sec (i.e. a cooling rate is 3°C/sec or less) ([0015], [0016], [0046]-[0051]). In the case where the claimed ranges “overlap or lie inside ranges disclosed by the prior art” a prima facie case of obviousness exists. MPEP 2144.05(I).
Element
Claim 9 mass%
Kobayashi
Kobayashi
C
0.10 to 0.30
0.22 to 0.29
[0019]
Si
1.0 to 2.5
0.05 to 2.0
[0020]
Si+Al
1.0 to 3.0
Al: 0.005 to 0.1
Si+Al: 0.055 to 2.1
[0020], [0024]
Mn
1.5 to 3.0
0.5 to 3.0
[0021]
Fe
Remainder
Remainder
[0026]
Impurities
Inevitable
Unavoidable
[0026]
Kobayashi is silent to hot press forming the steel sheet two or more times, and by including a portion which is formed through a first hot press forming and is further subjected to one or more subsequent hot press forming.
Inoue discloses a pressed product ([0002]) in the shape of a box ([0005]) that was processed by multistage press working a blank plate made of metal with a first pressing step and a second pressing step ([0012]-[0015], [0017]) under a heated condition ([0018]).
It would have been obvious to one of ordinary skill in the art to perform the hot pressing process of Kobayashi as a multistage press (i.e. two or more times) in a heated condition because it carries out press forming at a high working ratio (i.e. high productivity) (Inoue [0017]) with good workability to minimize springback, cracking, or the like, and it forms a product with high precision (Inoue [0018]).
The limitation of the average cooling rate being from (Ms point-150)°C to 40°C has been considered and determined to recite a product-by-process claim limitation. The limitation of a maximum opening displacement of 0.1 mm or more and 2.4 mm or less has been considered and determined to recite a property of the hot-press-formed steel member. Claim 9 is directed to a hot-press-formed steel member product. “[E]ven though product-by-process claims are limited and defined by the process, determination of patentability is based on the product itself. The patentability of a product does not depend on its method of production. If the product in the product-by-process claim is the same as or obvious from a product of the prior art, the claim is unpatentable even though the prior product was made by a different process.” MPEP 2113(I). In the instant case the composition (i.e. C: 0.10-0.30 mass%, Si: 1.0-2.5 mass%, Si+Al: 1.0-3.0 mass%, Mn: 1.5 to 3.0 mass%, remainder iron and inevitable impurities), structure (i.e. 2 vol% or more retained austenite), and hot press forming process of the prior art (i.e. Kobayashi [0001], [0012], [0015]-[0036], [0039], [0040], [0046]-[0051]; Inoue [0012]-[0015], [0017]) are substantially similar to the claimed composition and structure (claim 1 lines 3-9, 14, 15), such that the prior art (i.e. Kobayashi in view of Inoue) renders the claimed high-strength press member obvious, including the property of a maximum opening displacement of 0.1 mm or more and 2.4 mm or less.
In the event it is determined that the claimed maximum opening displacement of 0.1 mm or more and 2.4 mm or less is not rendered obvious over the disclosure of Kobayashi in view of Inoue, then the below rationale from Inoue is applied.
With respect to a maximum opening displacement, Inoue discloses a pressed product ([0002]) processed by multistage press working a blank plate made of metal with a first pressing step and a second pressing step ([0012]-[0015], [0017]) under a heated condition to minimize springback (maximum opening displacement) ([0018]).
It would have been obvious to one of ordinary skill in the art in the process of Senuma to minimize springback (maximum opening displacement) to produce a product with an extremely small outside corner radius with high precision (Inoue [0018]). Differences in concentration or temperature (or maximum opening displacement) will not support the patentability of subject matter encompassed by the prior art unless there is evidence indicating such concentration or temperature (or maximum opening displacement) is critical. “[W]here the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation.” MPEP 2144.05(II)(A).
Claim 9 is rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Kobayashi (JP 2010-174281 machine translation) in view of Senuma (JP 2005-152969 machine translation) and optionally Asanuma (JP H07-150303 machine translation).
Regarding claim 9, Kobayashi discloses a hot pressed member (i.e. hot-press-formed steel member) ([0001]) with a structure that is 90 to 100% martensite ([0039]) and an area ratio of 10% or less retained austenite (i.e. a microstructure that contains 2 vol% or more of retained austenite) ([0040]) and a tensile strength of 1470 to 1750 MPa ([0010], [0017]) and a composition that overlaps with that claimed ([0012], [0018]-[0036]) manufactured by heating to a temperature range of (Ac3 transformation point) to (Ac3 transformation point + 50)°C (i.e. heating a steel sheet to an Ac3 transformation point or higher), hot pressing at 550°C or more (i.e. hot press forming at the Ms point or higher with a start temperature of the heating temperature or lower and a Ms point or higher), then cooling at a rate of 3 to 400°C/sec (i.e. a cooling rate is 3°C/sec or less) ([0015], [0016], [0046]-[0051]). In the case where the claimed ranges “overlap or lie inside ranges disclosed by the prior art” a prima facie case of obviousness exists. MPEP 2144.05(I).
Element
Claim 9 mass%
Kobayashi
Kobayashi
C
0.10 to 0.30
0.22 to 0.29
[0019]
Si
1.0 to 2.5
0.05 to 2.0
[0020]
Si+Al
1.0 to 3.0
Al: 0.005 to 0.1
Si+Al: 0.055 to 2.1
[0020], [0024]
Mn
1.5 to 3.0
0.5 to 3.0
[0021]
Fe
Remainder
Remainder
[0026]
Impurities
Inevitable
Unavoidable
[0026]
Kobayashi is silent to hot press forming the steel sheet two or more times, and by including a portion which is formed through a first hot press forming and is further subjected to one or more subsequent hot press forming.
Senuma discloses hot press forming a steel plate using a multi-stage press working process with two or more press steps in a temperature range of 600°C or more ([0007], [0012]).
It would have been obvious to one of ordinary skill in the art to perform the heat pressing process of Kobayashi as a multi-stage press working process with two or more press steps in a temperature range of 600°C or more to form a product with excellent shape precision (Senuma [0009]) by a high productivity process (Senuma [0006], [0010], [0012]) that achieves a final product with sufficient strength (Senuma [0011]).
The limitation of the average cooling rate being from (Ms point-150)°C to 40°C has been considered and determined to recite a product-by-process claim limitation. The limitation of a maximum opening displacement of 0.1 mm or more and 2.4 mm or less has been considered and determined to recite a property of the hot-press-formed steel member. Claim 9 is directed to a hot-press-formed steel member product. “[E]ven though product-by-process claims are limited and defined by the process, determination of patentability is based on the product itself. The patentability of a product does not depend on its method of production. If the product in the product-by-process claim is the same as or obvious from a product of the prior art, the claim is unpatentable even though the prior product was made by a different process.” MPEP 2113(I). In the instant case the composition (i.e. C: 0.10-0.30 mass%, Si: 1.0-2.5 mass%, Si+Al: 1.0-3.0 mass%, Mn: 1.5 to 3.0 mass%, remainder iron and inevitable impurities), structure (i.e. 2 vol% or more retained austenite), and hot press forming process of the prior art (i.e. Kobayashi [0001], [0012], [0015]-[0036], [0039], [0040], [0046]-[0051]; Senuma [0007], [0012]) are substantially similar to the claimed composition and structure (claim 1 lines 3-9, 14, 15), such that the prior art (i.e. Kobayashi in view of Senuma) renders the claimed high-strength press member obvious, including the property of a maximum opening displacement of 0.1 mm or more and 2.4 mm or less.
In the event it is determined that the claimed maximum opening displacement of 0.1 mm or more and 2.4 mm or less is not rendered obvious over the disclosure of Kobayashi in view of Senuma, then the below rejection in view of Asanuma is applied.
With respect to a maximum opening displacement, Asanuma discloses the amount of springback that occurs during die bending ([0001]) with improved forming dimensional accuracy ([0007]) by limiting the amount of springback to the value SB ([0008], [0021]) and deviation from bending angle for V-bend, U-bend, and seam bending ([0018]-[0020]).
It would have been obvious to one of ordinary skill in the art for the hot-press-formed steel of Kobayashi in view of Senuma to minimize a deviation of bending angle to improve the dimensions of the product shape (Asanuma [0003]), improving material yield by reducing the amount of springback during die bending (Asanuma [0007]). Controlling the amount of springback, SB value, and minimizing the deviation of bending angle (Asanuma [0008], [0018]-[0021]) are related to the claimed maximum opening displacement of 0.1 mm or more and 2.4 mm or less. Differences in concentration or temperature (or maximum opening displacement) will not support the patentability of subject matter encompassed by the prior art unless there is evidence indicating such concentration or temperature (or maximum opening displacement) is critical. “[W]here the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation.” MPEP 2144.05(II)(A).
Claim 9 is rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Chen (WO 2012/048841) in view of Inoue (US 2011/0165431).
Regarding claim 9, Chen discloses a hot formed steel article (i.e. a hot-press-formed steel member) (1:1-5) with a composition that overlaps with that claimed (9:13-32, 10:1-33, 11:1-29), a tensile strength higher than 1400 MPa (4:20-22), and a microstructure of 55 to 90 vol% bainitic ferrite, 5 to 15 vol% retained austenite (i.e. a microstructure that contains 2 vol% or more retained austenite), and 5 to 30 vol% martensite (5:2-6, 8:21-24) manufactured by heating a steel blank to an austenitizing temperature above Ac3 (i.e. heating to Ac3 transformation point or higher), hot forming above the Ar3 point, typically in the range of 780 to 830°C (i.e. hot press forming the steel sheet at the Ms point or higher, start temperature of the hot press forming is the heating temperature or lower and a Ms point or higher), cooling to 400 to 550°C at higher than 25°C/s, then cooling to room temperature preferably at 0.5 to 5°C/s (i.e. an average cooling rate from (Ms point-150)°C to 40°C is 3°C/sec or less) (6:2-33, 7:1-24, 8:30-33, 9:1-11). In the case where the claimed ranges “overlap or lie inside ranges disclosed by the prior art” a prima facie case of obviousness exists. MPEP 2144.05(I).
Element
Claim 9 mass%
Chen wt%
Chen
C
0.10 to 0.30
0.15 to 0.45
9:25-32
Si
1.0 to 2.5
0.6 to 2.5
10:13-23
Si+Al
1.0 to 3.0
1.2 to 2.5
9:17-18, 10:13-33
Mn
1.5 to 3.0
1.0 to 3.0
10:1-11
Fe
Remainder
Balance
9:15
Impurities
Inevitable
Inevitable
9:16
Chen is silent to hot press forming the steel sheet two or more times, and by including a portion which is formed through a first hot press forming and is further subjected to one or more subsequent hot press forming.
Inoue discloses a pressed product ([0002]) in the shape of a box ([0005]) that was processed by multistage press working a blank plate made of metal with a first pressing step and a second pressing step ([0012]-[0015], [0017]) under a heated condition ([0018]).
It would have been obvious to one of ordinary skill in the art to perform the hot forming process of Chen as a multistage press (i.e. two or more times) in a heated condition because it carries out press forming at a high working ratio (i.e. high productivity) (Inoue [0017]) with good workability to minimize springback, cracking, or the like, and it forms a product with high precision (Inoue [0018]).
The limitation of a maximum opening displacement of 0.1 mm or more and 2.4 mm or less has been considered and determined to recite a property of the hot-press-formed steel member. The composition, structure, and hot press forming process of the prior art (Chen 9:13-32, 10:1-33, 11:1-29, 5:2-6, 8:21-24, 6:2-33, 7:1-24, 8:30-33, 9:1-11; Inoue [0012]-[0015], [0017]) are substantially similar to those claimed. Therefore, the properties of the prior art are also substantially similar to those claimed, including a maximum opening displacement of 0.1 mm or more and 2.4 mm or less.
In the event it is determined that the claimed maximum opening displacement of 0.1 mm or more and 2.4 mm or less is not rendered obvious over the disclosure of Chen in view of Inoue, then the below rationale from Inoue is applied.
With respect to a maximum opening displacement, Inoue discloses a pressed product ([0002]) processed by multistage press working a blank plate made of metal with a first pressing step and a second pressing step ([0012]-[0015], [0017]) under a heated condition to minimize springback (maximum opening displacement) ([0018]).
It would have been obvious to one of ordinary skill in the art in the process of Chen to minimize springback (maximum opening displacement) to produce a product with an extremely small outside corner radius with high precision (Inoue [0018]). Differences in concentration or temperature (or maximum opening displacement) will not support the patentability of subject matter encompassed by the prior art unless there is evidence indicating such concentration or temperature (or maximum opening displacement) is critical. “[W]here the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation.” MPEP 2144.05(II)(A).
Claim 9 is rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Chen (WO 2012/048841) in view of Senuma (JP 2005-152969 machine translation) and optionally Asanuma (JP H07-150303 machine translation).
Regarding claim 9, Chen discloses a hot formed steel article (i.e. a hot-press-formed steel member) (1:1-5) with a composition that overlaps with that claimed (9:13-32, 10:1-33, 11:1-29), a tensile strength higher than 1400 MPa (4:20-22), and a microstructure of 55 to 90 vol% bainitic ferrite, 5 to 15 vol% retained austenite (i.e. a microstructure that contains 2 vol% or more retained austenite), and 5 to 30 vol% martensite (5:2-6, 8:21-24) manufactured by heating a steel blank to an austenitizing temperature above Ac3 (i.e. heating to Ac3 transformation point or higher), hot forming above the Ar3 point, typically in the range of 780 to 830°C (i.e. hot press forming the steel sheet at the Ms point or higher, start temperature of the hot press forming is the heating temperature or lower and a Ms point or higher), cooling to 400 to 550°C at higher than 25°C/s, then cooling to room temperature preferably at 0.5 to 5°C/s (i.e. an average cooling rate from (Ms point-150)°C to 40°C is 3°C/sec or less) (6:2-33, 7:1-24, 8:30-33, 9:1-11). In the case where the claimed ranges “overlap or lie inside ranges disclosed by the prior art” a prima facie case of obviousness exists. MPEP 2144.05(I).
Element
Claim 9 mass%
Chen wt%
Chen
C
0.10 to 0.30
0.15 to 0.45
9:25-32
Si
1.0 to 2.5
0.6 to 2.5
10:13-23
Si+Al
1.0 to 3.0
1.2 to 2.5
9:17-18, 10:13-33
Mn
1.5 to 3.0
1.0 to 3.0
10:1-11
Fe
Remainder
Balance
9:15
Impurities
Inevitable
Inevitable
9:16
Chen is silent to hot press forming the steel sheet two or more times, and by including a portion which is formed through a first hot press forming and is further subjected to one or more subsequent hot press forming.
Senuma discloses hot press forming a steel plate using a multi-stage press working process with two or more press steps in a temperature range of 600°C or more ([0007], [0012]).
It would have been obvious to one of ordinary skill in the art to perform the heat pressing process of Chen as a multi-stage press working process with two or more press steps in a temperature range of 600°C or more to form a product with excellent shape precision (Senuma [0009]) by a high productivity process (Senuma [0010], [0012]) that achieves a final product with sufficient strength (Senuma [0011]).
The limitation of a maximum opening displacement of 0.1 mm or more and 2.4 mm or less has been considered and determined to recite a property of the hot-press-formed steel member. The composition, structure, and hot press forming process of the prior art (Chen 9:13-32, 10:1-33, 11:1-29, 5:2-6, 8:21-24, 6:2-33, 7:1-24, 8:30-33, 9:1-11; Senuma [0007], [0012]) are substantially similar to those claimed. Therefore, the properties of the prior art are also substantially similar to those claimed, including a maximum opening displacement of 0.1 mm or more and 2.4 mm or less.
In the event it is determined that the claimed maximum opening displacement of 0.1 mm or more and 2.4 mm or less is not rendered obvious over the disclosure of Chen in view of either one of Inoue or Senuma, then the below rejection in view of Asanuma is applied.
With respect to a maximum opening displacement, Asanuma discloses the amount of springback that occurs during die bending ([0001]) with improved forming dimensional accuracy ([0007]) by limiting the amount of springback to the value SB ([0008], [0021]) and deviation from bending angle for V-bend, U-bend, and seam bending ([0018]-[0020]).
It would have been obvious to one of ordinary skill in the art for the hot-press-formed steel of Chen in view of either one of Inoue or Senuma to minimize a deviation of bending angle to improve the dimensions of the product shape (Asanuma [0003]), improving material yield by reducing the amount of springback during die bending (Asanuma [0007]). Controlling the amount of springback, SB value, and minimizing the deviation of bending angle (Asanuma [0008], [0018]-[0021]) are related to the claimed maximum opening displacement of 0.1 mm or more and 2.4 mm or less. Differences in concentration or temperature (or maximum opening displacement) will not support the patentability of subject matter encompassed by the prior art unless there is evidence indicating such concentration or temperature (or maximum opening displacement) is critical. “[W]here the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation.” MPEP 2144.05(II)(A).
Claim 9 is rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Hiroaki (JP 2006-213959 machine translation) in view of Inoue (US 2011/0165431).
Regarding claim 9, Hiroaki discloses a hot pressed high strength steel component (i.e. a hot-press-formed steel member) ([0001], [0006]) with a composition that overlaps with that claimed ([0008], [0009], [0012]-[0031]) manufactured by heating a steel plate to 750 to 1300°C (i.e. heating to an Ac3 transformation point or higher), press forming above 300°C (i.e. hot press forming the steel sheet at the Ms point or higher and start temperature of the hot press forming is the heating temperature or lower and a Ms point or higher), then cooling at a rate of 0.1°C/sec or more from 200 to 1100°C to a temperature of 5 to 40°C (i.e. an average cooling rate from (Ms point-150)°C to 40°C is 3°C/sec or less) to form a structure of not less than 60 area% martensite ([0008], [0033]-[0039]) and a remaining structure of 40 area% or less retained austenite (i.e. a microstructure that contains 2 vol% or more of retained austenite) ([0032]). In the case where the claimed ranges “overlap or lie inside ranges disclosed by the prior art” a prima facie case of obviousness exists. MPEP 2144.05(I).
Element
Claim 9 mass%
Hiroaki
Hiroaki
C
0.10 to 0.30
0.05 to 0.35
[0013]
Si
1.0 to 2.5
0.005 to 1
[0014]
Si+Al
1.0 to 3.0
Al: 0.005 to 0.1
Si+Al: 0.01 to 1.1
[0014], [0024]
Mn
1.5 to 3.0
0 to 3.5
[0015]
Fe
Remainder
Balance
[0008]
Impurities
Inevitable
Inevitable
[0008]
Hiroaki is silent to hot press forming the steel sheet two or more times, and by including a portion which is formed through a first hot press forming and is further subjected to one or more subsequent hot press forming.
Inoue discloses a pressed product ([0002]) in the shape of a box ([0005]) that was processed by multistage press working a blank plate made of metal with a first pressing step and a second pressing step ([0012]-[0015], [0017]) under a heated condition ([0018]).
It would have been obvious to one of ordinary skill in the art to perform the press forming process of Hiroaki as a multistage press (i.e. two or more times) in a heated condition because it carries out press forming at a high working ratio (i.e. high productivity) (Inoue [0017]) with good workability to minimize springback, cracking, or the like, and it forms a product with high precision (Inoue [0018]).
The limitation of a maximum opening displacement of 0.1 mm or more and 2.4 mm or less has been considered and determined to recite a property of the hot-press-formed steel member. The composition, structure, and hot press forming process of the prior art (Hiroaki [0008], [0009], [0012]-[0031], [0032]-[0039]; Inoue [0012]-[0015], [0017]) are substantially similar to those claimed. Therefore, the properties of the prior art are also substantially similar to those claimed, including a maximum opening displacement of 0.1 mm or more and 2.4 mm or less.
In the event it is determined that the claimed maximum opening displacement of 0.1 mm or more and 2.4 mm or less is not rendered obvious over the disclosure of Hiroaki in view of Inoue, then the below rationale from Inoue is applied.
With respect to a maximum opening displacement, Inoue discloses a pressed product ([0002]) processed by multistage press working a blank plate made of metal with a first pressing step and a second pressing step ([0012]-[0015], [0017]) under a heated condition to minimize springback (maximum opening displacement) ([0018]).
It would have been obvious to one of ordinary skill in the art in the process of Chen to minimize springback (maximum opening displacement) to produce a product with an extremely small outside corner radius with high precision (Inoue [0018]). Differences in concentration or temperature (or maximum opening displacement) will not support the patentability of subject matter encompassed by the prior art unless there is evidence indicating such concentration or temperature (or maximum opening displacement) is critical. “[W]here the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation.” MPEP 2144.05(II)(A).
Claim 9 is rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Hiroaki (JP 2006-213959 machine translation) in view of Senuma (JP 2005-152969 machine translation) and optionally Asanuma (JP H07-150303 machine translation).
Regarding claim 9, Hiroaki discloses a hot pressed high strength steel component (i.e. a hot-press-formed steel member) ([0001], [0006]) with a composition that overlaps with that claimed ([0008], [0009], [0012]-[0031]) manufactured by heating a steel plate to 750 to 1300°C (i.e. heating to an Ac3 transformation point or higher), press forming above 300°C (i.e. hot press forming the steel sheet at the Ms point or higher and start temperature of the hot press forming is the heating temperature or lower and a Ms point or higher), then cooling at a rate of 0.1°C/sec or more from 200 to 1100°C to a temperature of 5 to 40°C (i.e. an average cooling rate from (Ms point-150)°C to 40°C is 3°C/sec or less) to form a structure of not less than 60 area% martensite ([0008], [0033]-[0039]) and a remaining structure of 40 area% or less retained austenite (i.e. a microstructure that contains 2 vol% or more of retained austenite) ([0032]). In the case where the claimed ranges “overlap or lie inside ranges disclosed by the prior art” a prima facie case of obviousness exists. MPEP 2144.05(I).
Element
Claim 9 mass%
Hiroaki
Hiroaki
C
0.10 to 0.30
0.05 to 0.35
[0013]
Si
1.0 to 2.5
0.005 to 1
[0014]
Si+Al
1.0 to 3.0
Al: 0.005 to 0.1
Si+Al: 0.01 to 1.1
[0014], [0024]
Mn
1.5 to 3.0
0 to 3.5
[0015]
Fe
Remainder
Balance
[0008]
Impurities
Inevitable
Inevitable
[0008]
Hiroaki is silent to hot press forming the steel sheet two or more times, and by including a portion which is formed through a first hot press forming and is further subjected to one or more subsequent hot press forming.
Senuma discloses hot press forming a steel plate using a multi-stage press working process with two or more press steps in a temperature range of 600°C or more ([0007], [0012]).
It would have been obvious to one of ordinary skill in the art to perform the heat pressing process of Hiroaki as a multi-stage press working process with two or more press steps in a temperature range of 600°C or more to form a product with excellent shape precision (Senuma [0009]) by a high productivity process (Senuma [0010], [0012]) that achieves a final product with sufficient strength (Senuma [0011]).
The limitation of a maximum opening displacement of 0.1 mm or more and 2.4 mm or less has been considered and determined to recite a property of the hot-press-formed steel member. The composition, structure, and hot press forming process of the prior art (Hiroaki [0008], [0009], [0012]-[0031], [0032]-[0039]; Senuma [0007], [0012]) are substantially similar to those claimed. Therefore, the properties of the prior art are also substantially similar to those claimed, including a maximum opening displacement of 0.1 mm or more and 2.4 mm or less.
In the event it is determined that the claimed maximum opening displacement of 0.1 mm or more and 2.4 mm or less is not rendered obvious over the disclosure of Hiroaki in view of Senuma, then the below rejection in view of Asanuma is applied.
With respect to a maximum opening displacement, Asanuma discloses the amount of springback that occurs during die bending ([0001]) with improved forming dimensional accuracy ([0007]) by limiting the amount of springback to the value SB ([0008], [0021]) and deviation from bending angle for V-bend, U-bend, and seam bending ([0018]-[0020]).
It would have been obvious to one of ordinary skill in the art for the hot-press-formed steel of Hiroaski in view of Senuma to minimize a deviation of bending angle to improve the dimensions of the product shape (Asanuma [0003]), improving material yield by reducing the amount of springback during die bending (Asanuma [0007]). Controlling the amount of springback, SB value, and minimizing the deviation of bending angle (Asanuma [0008], [0018]-[0021]) are related to the claimed maximum opening displacement of 0.1 mm or more and 2.4 mm or less. Differences in concentration or temperature (or maximum opening displacement) will not support the patentability of subject matter encompassed by the prior art unless there is evidence indicating such concentration or temperature (or maximum opening displacement) is critical. “[W]here the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation.” MPEP 2144.05(II)(A).
Claim 9 is rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Yu (Yu. Variation of elastic modulus during plastic deformation and its influence on springback. Materials and Design 30 (2009) 846-850.).
Regarding claim 9, Yu discloses a formed steel member (Abstract, 1. Introduction, 2. Experimental procedure, 4. Springback simulation, Fig. 14)
having a chemical composition including
C: 0.10 to 0.30% by mass (0.11),
Si: 1.0 to 2.5% by mass (1.2),
Si+Al: 1.0 to 3.0% by mass in total (1.231),
Mn: 1.5 to 3.0% by mass (1.55), and
iron (Table 1),
wherein the formed steel member has a steel microstructure that contains 2 vol% or more of retained austenite (3. Results and discussion, Figs. 3, 5).
With respect to a maximum opening displacement of 0.1 mm or more and 2.4 mm or less, Yu discloses elastic modulus and inelastic recovery behavior influence springback (opening displacement) (4. Springback simulation, 5. Conclusion, Figs. 9-14) and that springback (opening displacement) influences the final dimensions (Abstract, 1. Introduction), such that maximum opening displacement (springback) is a result effective variable, i.e. a variable which achieves a recognized result, and it is routine optimization to arrive at the claimed invention. The determination of the optimum or workable ranges of said variable (maximum opening displacement, springback) is characterized as routine experimentation. MPEP 2144.05(II)(B).
The limitations of hot press forming the steel sheet two or more times, wherein the heating temperature is an Ac3 transformation point of higher, start temperature of the hot press forming is the heating temperature or lower and a Ms point or higher, and an average cooling rate from (Ms point-150)°C to 40°C is 3°C/sec or less, wherein the hot-press-formed steel member includes a portion which is formed through a first hot press forming and is further subjected to one or more subsequent hot press forming have been considered and determined to recite product-by-process limitations that do not further limit the structure of the claimed hot-press-formed steel. Determination of patentability is based on the product itself. The patentability of a product does not depend on its method of production. If the product in the product-by-process claim is the same as obvious from a product of the prior art, the claim is unpatentable even though the prior product was made by a different process. MPEP 2113(I). The prior art (Yu, all) discloses a formed steel member that renders obvious the claimed structure.
Related Art
Akamizu (EP 1 553 202)
Akamizu discloses a high strength steel sheet ([0001], [0067]) that is known to be pressed into forms ([0002]) with a composition (Table 1) and structure with 8 area% residual gamma (austenite) (Table 2) that falls within the claimed ranges.
Element
Claim 9 mass%
Akamizu Table 1 B
C
0.10 to 0.30
0.3
Si
1.0 to 2.5
1.5
Si+Al
1.0 to 3.0
1.53
Mn
1.5 to 3.0
1.5
Fe
Remainder
Balance
Impurities
Inevitable
Present
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.
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/STEPHANI HILL/Examiner, Art Unit 1735
/KEITH WALKER/Supervisory Patent Examiner, Art Unit 1735
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