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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant’s submission filed on 10/06/2026 has been entered.
Response to Amendment
This action is responsive to the amendments filed 10/06/2026. Claims 1-2, 5-6 are pending in this application. As directed, claims 1 and 5 have been amended; claims 3-4 cancelled.
Response to Arguments
With respect to 35 U.S.C. 103 Claim Rejections: Applicant(s)’ arguments filed 10/06/2026 have been fully considered but are moot. Specifically, Applicant(s)’ amendments to the Claims filed on 10/06/2026 have changed the scope of the claim; therefore, the claim interpretation has been changed. Accordingly, the 35 U.S.C. 103 Claim Rejections set forth in the previous Office Action dated 05/06/2026 have been overcome.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1-2, 5-6 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Claim 1 recites the limitation “a first plurality of oxides consisting of Na20, K20, MgO, and CaO, the first plurality of oxides present in an amount of 0.1 to 3.0 wt%” in lines 13-14. This amended limitation was not described in the specification or in the drawings of the Instant Application. Specifically, the limitation “a first plurality of oxides consisting of Na20, K20, MgO, and CaO, the first plurality of oxides present in an amount of 0.1 to 3.0 wt%” requires all four named oxides to be present together, with their combined amount being 0.1 to 3.0 wt%. Specification Pars.0011 and 0030 of the Instant Application describe at least one oxide selected from Na20, K20, MgO, and CaO in an amount of 0.1 to 3.0 wt%. These passages identify alternative oxide selections without specifically describing the claimed four oxides combination at the claimed combined amount of 0.1 to 3.0 wt%. Furthermore, Specification Pars.0059-0060 of the Instant Application describe the 0.1 to 3.0 wt% range, associate that range with one or both of Na20 and K20, rather than a combined amount of Na20, K20, MgO, and CaO. Additionally, Relational Expression 1 neither requires a nonzero amount of each of the four oxides nor establishes their combined amount within the claimed range. The tables and drawings of the Instant Application also provide no composition establishing that combination and combined amount. Accordingly, claim 1 is rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement.
Claim 1 recites the limitation “a second plurality of oxides consisting of A1203, TiO2, and ZrO2, the second plurality of oxides present in an amount of 5.0 to 12.0 wt%” in lines 15-16. This amended limitation was not described in the specification or in the drawings of the Instant Application. Specifically, the limitation “a second plurality of oxides consisting of A1203, TiO2, and ZrO2, the second plurality of oxides present in an amount of 5.0 to 12.0 wt%” requires all three named oxides to be present together, with their combined amount being 5.0 to 12.0 wt%. Specification Pars.0011 and 0030 describe at least one oxide selected from A1203, TiO2, and ZrO2 within the claimed range. These passages describe selectable oxide constituents without identifying the specific combination requiring all three. Specification Par.0061 also describes “One or more oxides selected from SiO2, TiO2, and ZrO2: 5.0 to 12.0 wt%”, although it lists SiO2 instead of A1203. Specification Par.0062 initially describes Al, Ti, and Zr oxides but subsequently associates the combined content range with Si, Ti, and Zr oxides. Even if the references to Si in these passages were understood as errors for Al, the discussion of a total content does not establish that each of the three oxides is present, that total is also consistent with the selected oxide embodiments described in Pars.0011 and 0030. Additionally, Relational Expression 1 does not require nonzero amount of each named oxide, and the tables and drawings of the Instant Application do not identify a composition containing all three at the claimed combined amount. Thus, the disclosure of the Instant Application identifies the available constituents and a content range but does not reasonably convey possession of the particular three oxide combination now required by the amended claim. Accordingly, claim 1 is rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement.
Claim 2 is rejected by virtue of its dependence on claim 1.
Claim 5 recites the limitation “a first plurality of oxides consisting of Na20, K20, MgO, and CaO, the first plurality of oxides present in an amount of 0.1 to 3.0 wt%” in lines 13-14. This amended limitation was not described in the specification or in the drawings of the Instant Application. Specifically, the limitation “a first plurality of oxides consisting of Na20, K20, MgO, and CaO, the first plurality of oxides present in an amount of 0.1 to 3.0 wt%” requires all four named oxides to be present together, with their combined amount being 0.1 to 3.0 wt%. Specification Pars.0011 and 0030 of the Instant Application describe at least one oxide selected from Na20, K20, MgO, and CaO in an amount of 0.1 to 3.0 wt%. These passages identify alternative oxide selections without specifically describing the claimed four oxides combination at the claimed combined amount of 0.1 to 3.0 wt%. Furthermore, Specification Pars.0059-0060 of the Instant Application describe the 0.1 to 3.0 wt% range, associate that range with one or both of Na20 and K20, rather than a combined amount of Na20, K20, MgO, and CaO. Additionally, Relational Expression 1 neither requires a nonzero amount of each of the four oxides nor establishes their combined amount within the claimed range. The tables and drawings of the Instant Application also provide no composition establishing that combination and combined amount. Accordingly, claim 5 is rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement.
Claim 5 recites the limitation “a second plurality of oxides consisting of A1203, TiO2, and ZrO2, the second plurality of oxides present in an amount of 5.0 to 12.0 wt%” in lines 15-16. This amended limitation was not described in the specification or in the drawings of the Instant Application. Specifically, the limitation “a second plurality of oxides consisting of A1203, TiO2, and ZrO2, the second plurality of oxides present in an amount of 5.0 to 12.0 wt%” requires all three named oxides to be present together, with their combined amount being 5.0 to 12.0 wt%. Specification Pars.0011 and 0030 describe at least one oxide selected from A1203, TiO2, and ZrO2 within the claimed range. These passages describe selectable oxide constituents without identifying the specific combination requiring all three. Specification Par.0061 also describes “One or more oxides selected from SiO2, TiO2, and ZrO2: 5.0 to 12.0 wt%”, although it lists SiO2 instead of A1203. Specification Par.0062 initially describes Al, Ti, and Zr oxides but subsequently associates the combined content range with Si, Ti, and Zr oxides. Even if the references to Si in these passages were understood as errors for Al, the discussion of a total content does not establish that each of the three oxides is present, that total is also consistent with the selected oxide embodiments described in Pars.0011 and 0030. Additionally, relational Expression 1 does not require nonzero amount of each named oxide, and the tables and drawings of the Instant Application do not identify a composition containing all three at the claimed combined amount. Thus, the disclosure of the Instant Application identifies the available constituents and a content range but does not reasonably convey possession of the particular three oxide combination now required by the amended claim. Accordingly, claim 5 is rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement.
Claim 6 is rejected by virtue of its dependence on claim 5.
Allowable Subject Matter
Claims 1-2, 5-6 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, set forth in this Office action.
Regarding claim 1, the closest prior art Mukai (U.S. Pub. No. 2020/0230733 A1, previously cited) discloses a Ni-based alloy flux-cored wire comprising a sheath with a flux component disposed within the sheath, wherein a total wire composition of the Ni-based alloy flux-cored wire, which is based upon a combined weight of the sheath and the flux component, includes:
C present in an amount of 0.005 wt% to 0.150 wt%,
0.05 to 1.00 wt% of Si,
0.10 to 4.00 wt% of Mn,
10.0 to 35.0 wt% of Cr,
Nb present in an amount up to 4.5 wt%,
20.00 wt% or less of Mo,
0.10 to 10.0 wt% of Fe,
SiO2 present in an amount of 0.3 to 2.0 wt%,
at least one oxide of Na20, K20, MgO, and CaO present in an amount of 0.1 to 3.0 wt%,
at least one oxide of A12O3, TiO2, and ZrO2 present in an amount of 5.0 to 12.0 wt%,
Ni in an amount from 55.06 to 72.49 wt%, and
unavoidable impurities;
wherein the total wire composition satisfies the following:
0.1 Na2O+{K20+0.5(MgO+Al2O3)}/{CaO+1.6(TiO2+SiO2)+0.2(ZrO2)} < 0.5; and
0.01 wt% Mn ≤ Nb wt% ≤ (0.01 wt% Mn) + 3.3.
Furthermore, the prior art 정석진 (KR 101760828 B1, Translation is attached, newly cited) discloses a Ni-based alloy flux-cored wire comprising a sheath with a flux component disposed within the sheath, wherein a total wire composition of the Ni-based alloy flux-cored wire, which is based upon a combined weight of the sheath and the flux component. KR’828 discloses wherein the welding material comprises 0.01 to 0.1% of C, 0.1 to 1.0% of Si, 0.01 to 1.0% of Mn, less than 0.035% of P and S, 18.0 to 25.0% of Cr, at least one of K, Na, and Li, and at least one of K, Na, and Li, and at least one of K, Na, and Li is contained in an amount of 7.0 to 11.0%, Ti of 0.01 to 1.0%, Nb of 3.0 to 4.5%, Fe of 0.01 to 5%, TiO2 of 3.5 to 15% : 0.05 to 1.5%, at least one of F and Ca: 0.05 to 1.0%, at least one of Al and Mg: 0.1 to 1.5%, remaining Ni and other unavoidable impurities. KR’828 also discloses at least one oxide of A12O3, TiO2, and ZrO2 present in an amount of 5.0 to 12.0 wt%.
However, Applicant(s)’ claim 1 encompasses an invention that the prior art does not disclose, teach, or otherwise render obvious. More specifically, Applicant(s)’ claim 1 recites: “a first plurality of oxides consisting of Na20, K20, MgO, and CaO, the first plurality of oxides present in an amount of 0.1 to 3.0 wt%, a second plurality of oxides consisting of A1203, TiO2, and ZrO2, the second plurality of oxides present in an amount of 5.0 to 12.0 wt%”.
Within the context of Applicant(s)’ claimed invention as a whole, these limitations do not appear to be disclosed, taught, nor otherwise rendered obvious by the prior art, alone or in combination.
Accordingly, claim 1 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, set forth in this Office action.
Claim 2 would be allowable by virtue of its dependence on claim 1 if claim 1 is rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, set forth in this Office action.
Regarding claim 5, the closest prior art Mukai (U.S. Pub. No. 2020/0230733 A1, previously cited) discloses a Ni-based alloy flux-cored wire comprising a sheath with a flux component disposed within the sheath, wherein a total wire composition of the Ni-based alloy flux-cored wire, which is based upon a combined weight of the sheath and the flux component, includes:
C present in an amount of 0.005 wt% to 0.150 wt%,
0.05 to 1.00 wt% of Si,
0.10 to 4.00 wt% of Mn,
10.0 to 35.0 wt% of Cr,
Nb present in an amount up to 4.5 wt%,
20.00 wt% or less of Mo,
0.10 to 10.0 wt% of Fe,
SiO2 present in an amount of 0.3 to 2.0 wt%,
at least one oxide of Na20, K20, MgO, and CaO present in an amount of 0.1 to 3.0 wt%,
at least one oxide of A12O3, TiO2, and ZrO2 present in an amount of 5.0 to 12.0 wt%,
Ni present in an amount from 55.06 to 72.49 wt%, and
unavoidable impurities;
wherein the total wire composition satisfies the following:
0.1 Na2O+{K20+0.5(MgO+Al2O3)}/{CaO+1.6(TiO2+SiO2)+0.2(ZrO2)} < 0.5; and
0.01 wt% Mn ≤ Nb wt% ≤ (0.01 wt% Mn) + 3.3.
Furthermore, the prior art 정석진 (KR 101760828 B1, Translation is attached, newly cited) discloses a Ni-based alloy flux-cored wire comprising a sheath with a flux component disposed within the sheath, wherein a total wire composition of the Ni-based alloy flux-cored wire, which is based upon a combined weight of the sheath and the flux component. KR’828 discloses wherein the welding material comprises 0.01 to 0.1% of C, 0.1 to 1.0% of Si, 0.01 to 1.0% of Mn, less than 0.035% of P and S, 18.0 to 25.0% of Cr, at least one of K, Na, and Li, and at least one of K, Na, and Li, and at least one of K, Na, and Li is contained in an amount of 7.0 to 11.0%, Ti of 0.01 to 1.0%, Nb of 3.0 to 4.5%, Fe of 0.01 to 5%, TiO2 of 3.5 to 15% : 0.05 to 1.5%, at least one of F and Ca: 0.05 to 1.0%, at least one of Al and Mg: 0.1 to 1.5%, remaining Ni and other unavoidable impurities. KR’828 also discloses at least one oxide of A12O3, TiO2, and ZrO2 present in an amount of 5.0 to 12.0 wt%.
However, Applicant(s)’ claim 5 encompasses an invention that the prior art does not disclose, teach, or otherwise render obvious. More specifically, Applicant(s)’ claim 5 recites: “a first plurality of oxides consisting of Na20, K20, MgO, and CaO, the first plurality of oxides present in an amount of 0.1 to 3.0 wt%, a second plurality of oxides consisting of A1203, TiO2, and ZrO2, the second plurality of oxides present in an amount of 5.0 to 12.0 wt%”.
Within the context of Applicant(s)’ claimed invention as a whole, these limitations do not appear to be disclosed, taught, nor otherwise rendered obvious by the prior art, alone or in combination.
Accordingly, claim 5 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, set forth in this Office action.
Claim 6 would be allowable by virtue of its dependence on claim 5 if claim 5 is rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, set forth in this Office action.
Conclusion
The following prior art(s) made of record and not relied upon is/are considered pertinent to Applicant’s disclosure.
Fukuda (U.S. Pub. No. 2015/0114944 A1) discloses a Ni based alloy flux cored wire including a Ni based alloy as a sheath, wherein the sheath contains predetermined ranges of Ni, Cr, Mo, Ti, Al, and Mg relative to the total mass of the sheath, control is made to ensure predetermined C and Si, the composition of the whole wire, which is the sum total of the sheath components and flux components enveloped in the sheath, contains predetermined ranges of Ni, Cr, Mo, Mn, W, Fe, Ti, Al, and Mg relative to the total mass of the wire, and control is made to ensure predetermined C, Si, Nb, P, and S.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to THAO TRAN-LE whose telephone number is (571)272-7535. The examiner can normally be reached M-F 9:00 - 5:00 EST.
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 CRABB can be reached at (571) 270-5095. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/THAO UYEN TRAN-LE/Examiner, Art Unit 3761 10/10/2026
