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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 10/28/2025 has been entered.
Response to Amendment
The Amendment filed 10/28/2025 has been entered. Claims 8-24 remain pending in the application. Claims 12-23 have been withdrawn due to a restriction requirement. Claims 1-7 have been canceled. New claim 24 has been added. Claims 8-11 and 24 are presented for examination on the merits.
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claims 8-11 and 24 are rejected under 35 U.S.C. 103 as being unpatentable over WO 2018/062380 A1 of Hasegawa (cited in prior Office action and using its equivalent US 2019/0194775 A1 as its English machine translation).
Regarding claims 8-9, Hasegawa teaches a steel sheet (Abstract, reads on claimed steel sheet).
List 1
Instant claims (mass%)
Hasegawa (mass%)
Hasegawa – Example 10, Steel C (mass%)
C
0.12-0.40
0.13-0.40
0.18
Si
0.01-1.5
≤ 1.5
0.95
Mn
More than 1.7 – 3.5
1.8-4.0
3.15
P
≤ 0.05
≤ 0.02
0.003
S
≤ 0.01
≤ 0.001
0.0004
Sol. Al
≤ 1.00
≤ 0.2
0.04
N
≤ 0.01
≤ 0.006
0.0029
B
0.0002-0.005
0.0003-0.0035
0.0019
Nb
Nb + Ti: 0.01-0.08
0.002-0.035 (one or two of Nb and Ti)
0.015
Ti
Nb + Ti: 0.01-0.08
0.002-0.04 (one or two of Nb and Ti)
0.01
Nb + Ti
0.01-0.08
> 0.007
0.025
At least one selected from the group:
One or more of: Cr, Mo, V, Zr, W
One or more of: Ca, Ce, La, Mg
One or two of Cu and Ni
One or two of Sb and Sn
Mo
≤ 0.350
0.01-0.5
0.07
Cr
≤ 0.350
0.01-1.0
-
Zr
≤ 0.350
0.005-0.2
-
Ca
≤ 0.0050
0.0002-0.003
-
V
≤ 0.50
0.003-0.5
-
W
≤ 0.20
0.005-0.2
-
Cu
≤ 1.00
0.005-1.0
-
Ni
≤ 1.00
0.01-1.0
-
Sb
≤ 0.10
0.002-0.1
-
Sn
≤ 0.10
0.002-0.1
-
Mg
≤ 0.01
-
REM
≤ 0.01
-
O: ≤ 0.002
O: 0.0008
Fe
Balance (“and incidental impurities”)
Balance (“and unavoidable impurities”)
Balance
Martensite
≥ 70 area %
Martensite + bainite: more than 90 area% to 100%
89 area% (calculated from subtracting B=9 from M+B=98)
Bainite
≤ 30 area %
Preferably 1-25 area %
9 area%
Ferrite
Ferrite + retained austenite: ≤ 10 area%
Remainder
Examples: 0-4 area%
0 area%
Retained austenite
Ferrite + retained austenite: ≤ 10 area%
Remainder
Preferably <5 area%
2 area%
Tensile strength
≥ 1310 MPa
1320-2000 MPa
1515 MPa
Carbide size
Long axes ≥ 0.5 μm
0.30-2 μm major axis
Broader disclosure
Carbide density
≤ 60000 carbides/mm2
≤ 4000 pieces/mm2
Carbide A: 200 particles/mm2
Inclusion size
≥ 4.0 μm equivalent circle diameter
Inclusion particles: ≥ 0.3 μm major axis ([0034], [0037])
Inclusion cluster A: major axis ≥ 100 μm ([0119])
Inclusion cluster B: major axis 20-100 μm ([0131])
Shortest distance between inclusion particles:
A: ≤ 30 μm ([0125])
B: ≤ 10 μm ([0132])
Broader disclosure
Inclusion density in 1/4-3/4 thickness region
10-30 grains/mm2
Inclusion cluster B: ≤ 5 clusters/mm2 ([0028])
5 clusters/mm2 (equivalent to ~10-50 grains/mm2 – see explanation below)
Inclusion density in a surface to 1/4 thickness region
≤ 27 grains/mm2
Inclusion cluster A: ≤ 2 clusters/mm2 ([0028])
0 clusters/mm2 (equivalent to 0-1 grains/mm2)
Hasegawa teaches a steel (Example 10, Steel C, Tables 1-2) with a chemical composition, microstructure, tensile strength, carbide size and density, and inclusion size and density lying inside the claimed ranges, as shown in List 1. In the case where the claimed ranges overlap or lie inside ranges disclosed by the prior art a prima facie case of obviousness exists. In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990); In re Geisler, 116 F.3d 1465, 1469-71, 43 USPQ2d 1362, 1365-66 (Fed. Cir. 1997). See MPEP § 2144.05 I. Additionally or alternatively, Hasegawa teaches a broader disclosure with a steel with a chemical composition ([0051]-[0111]), microstructure ([0113]-[0115]), tensile strength ([0169]), carbide size and density ([0029]), and inclusion size and density ([0028], [0034], [0037]) overlapping with the claimed steel, as shown in List 1.
Hasegawa therefore reads on the limitation a steel sheet having a tensile strength of 1310 MPa or higher, the steel sheet comprising: a chemical composition containing, in terms of mass%, C: 0.12% or more and 0.40% or less, Si: 0.01% or more and 1.5% or less, Mn: more than 1.7% and 3.5% or less, P: 0.05% or less, S: 0.010% or less, sol. Al: 1.00% or less, N: 0.010% or less, B: 0.0002% or more and 0.0050% or less, at least one selected from Nb and Ti: 0.010% or more and 0.080% or less in total, and the balance being Fe and incidental impurities; and a steel microstructure containing martensite at an area ratio of 70% or more, bainite at an area ratio of 30% or less, and ferrite and retained austenite at a total area ratio of 10% or less of claim 8 and wherein the chemical composition further includes, in terms of mass%, at least one selected from the group consisting of: Mo: 0.350% or less, Cr: 0.350% or less, Zr: 0.350% or less, Ca: 0.0050% or less, V: 0.500% or less, W: 0.200% or less, Cu: 1.00% or less, Ni: 1.00% or less, Sb: 0.100% or less, Sn: 0.100% or less, Mg: 0.01% or less, and REM: 0.01% or less of claim 9.
Regarding the inclusions of claim 8, while Hasegawa does not explicitly teach an equivalent circle diameter, one of ordinary skill in the art would reasonably expect the inclusion particles to have equivalent circle diameters of 4.0 μm or more, given the major axis of the inclusion particles of Hasegawa is 0.3 μm or more. Hasegawa teaches the number densities of inclusion clusters A and B were measured in a cross section which is ⅕ thickness to ⅘ thickness below the surface layer of the steel sheet ([0154], thickness overlaps with claimed in a 1/4-to-3/4 thickness region of the steel sheet and claimed surface-to-1/4 thickness region of the steel sheet).
Hasegawa therefore reads on the limitation in a 1/4-to-3/4 thickness region of the steel sheet inclusion grains having equivalent circle diameters of 4.0 μm or more of claim 8 and in a surface-to-1/4 thickness region of the steel sheet inclusion grains having equivalent circle diameters of 4.0 μm or more of claim 8.
Regarding the inclusion densities of claim 8, Hasegawa teaches inclusion cluster densities rather than inclusion particle densities. However, one can calculate approximate inclusion particles contained in a cluster to obtain inclusion particle densities of Hasegawa given the broader disclosure of Hasegawa. Hasegawa teaches inclusion clusters are constitute by or more inclusion particles and that the inclusion particles in clusters A and B have a major axis of 0.3 μm or more ([0034], [0037]). Hasegawa teaches inclusion cluster A has a major axis of 100 μm or more ([0033]) and inclusion cluster B has a major axis of 20 μm or more and less than 100 μm ([0036]). Hasegawa further teaches that the shortest distance between inclusion particles in cluster A is 30 μm or less ([0034]) and 10 μm or less in cluster B ([0037]). Given the teachings of Hasegawa, one can approximate the number of inclusion particles per cluster by dividing the cluster major axis by the shortest distance between inclusion particles. For inclusion cluster A, a major axis of 100 μm divided by a distance between particles of 30 μm results in 3.33 inclusion particles per cluster. For inclusion cluster B, a major axis of 20-100 μm divided by a distance between particles of 10 μm results in 2-10 inclusion particles per cluster. Therefore, a density of 5 clusters/mm2 for inclusion cluster B results in a density of 10-50 particles/mm2, which overlaps with the claimed range as shown in List 1.
In the case where the claimed ranges overlap or lie inside ranges disclosed by the prior art a prima facie case of obviousness exists. In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990); In re Geisler, 116 F.3d 1465, 1469-71, 43 USPQ2d 1362, 1365-66 (Fed. Cir. 1997). See MPEP § 2144.05 I.
Hasegawa therefore reads on the limitation in a 1/4-to-3/4 thickness region of the steel sheet, a number density of inclusion grains having equivalent circle diameters of 4.0 μm or more is 10 grains/mm2 or more and 30 grains/mm2 or less, and in a surface-to-1/4 thickness region of the steel sheet, a number density of inclusion grains having equivalent circle diameters of 4.0 μm or more is 27 grains/mm2 or less of claim 8.
Regarding the carbides of claim 8, Hasegawa teaches carbide size and densities lying within or overlapping with the claimed range as described above, and as shown in List 1. Hasegawa further teaches that the distribution density of carbides is measured in an L-cross section which is ¼ the thickness of the steel sheet below the surface in the thickness direction ([0159]).
Hasegawa therefore reads on the limitation wherein: at a 1/4 thickness position of the steel sheet, a number density of carbides having long axes of 0.5 μm or more is 60000 carbides/mm2 or less of claim 8.
Hasegawa therefore reads on all limitations of claims 8-9.
Regarding claims 10 and 11, Hasegawa teaches the steel sheet of claims 8 and 9 as described above.
Hasegawa teaches wherein the steel sheet has a coating layer deposited on the surface thereof (claim 8, [0172]).
Hasegawa therefore reads on the limitation wherein a coating layer is disposed on a surface of the steel sheet of claims 10 and 11.
Regarding new claim 24, Hasegawa teaches the steel sheet of claim 8 as described above.
Hasegawa teaches bending the steel sheet with a bend radius that satisfied R/t=4.0, where R represents the bend radius and t represents the thickness of the steel sheet ([0216]). In the case where the claimed ranges overlap or lie inside ranges disclosed by the prior art a prima facie case of obviousness exists. In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990); In re Geisler, 116 F.3d 1465, 1469-71, 43 USPQ2d 1362, 1365-66 (Fed. Cir. 1997). See MPEP § 2144.05 I.
Hasegawa teaches reducing the occurrence of cracking at the sheared end surfaces in a high-strength steel having a TS of 1320 MPa or more by reducing the distribution density of the above-described inclusion clusters ([0127]). Therefore, one of ordinary skill in the art would reasonably expect the R/t=4.0 bend of Hasegawa to not generate cracks.
Hasegawa therefore reads on the limitation wherein an R/t value of the steel sheet is 4.0 or less, in which R is a minimum bending radius that does not generate cracks and t is a sheet thickness of claim 24.
Additionally or alternatively, Hasegawa teaches a sheet thickness of 0.5-2.6 mm and achieving a bending angle of 90 degrees or more with a bend radius of 5 mm or less ([0166]-[0167], R/t using a bend radius of 5 mm and thicknesses of 0.5-2.6 mm results in R/t values of 1.92-10 which overlap with the claimed range).
Response to Arguments
Applicant’s arguments, see pages 8-9, filed 10/28/2025, with respect to the rejection of claim 8 under 35 U.S.C. 103 have been fully considered and are persuasive. The Examiner agrees that Kawamura teaches inclusions in a different region of the steel sheet, as argued by Applicant. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of WO 2018/062380 A1 of Hasegawa (cited in prior Office action and using its equivalent US 2019/0194775 A1 as its English machine translation).
Regarding new claim 24, Applicant's arguments filed 10/28/2025 have been fully considered but they are not persuasive.
Applicant argues Hasegawa's holding step may exceed Applicant's upper limit of 260°C such that bendability may be deteriorated and an R/t value of 4.0 or less may not be achieved according to Hasegawa's manufacturing process (remarks, page 10).
In response, Hasegawa explicitly teaches bending the steel sheet with a bend radius that satisfied R/t=4.0 ([0216]). Additionally, Hasegawa teaches a holding step performed at 120°C to 280°C for 15 seconds to 3 days ([0202]). The holding step and holding temperatures of Hasegawa are overlapping with the holding step of the instant invention. Examples and preferred embodiments are not evidence of teaching away when acceptable broader ranges are taught by the prior art. See MPEP 2123(II). In this case, Hasegawa's invention covers a holding step of 120-280°C, and is not limited to embodiments using the narrower range of 260-280°C, as argued by Applicant. Therefore, in addition to Hasegawa explicitly teaching the claimed R/t value, one of ordinary skill in the art would reasonably expect the steel of Hasegawa to necessarily possess the claimed R/t value given overlapping chemical composition, microstructure, tensile strength, carbide size and density, and inclusion size and density, as outlined in the 35 U.S.C. rejection in this Office action, as well as overlapping holding steps with overlapping holding temperatures.
Conclusion
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/M.A./Examiner, Art Unit 1733
/REBECCA JANSSEN/Primary Examiner, Art Unit 1733