DETAILED ACTION
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 submissions filed on September 30, 2025 and October 6, 2025 have been entered.
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 .
Priority
Receipt is acknowledged of a certified copy of SE 1951403-3 filed December 5, 2019 as required by 37 CFR 1.55. It was received January 17, 2025.
A copy of WO 2021/112743, the WIPO publication of PCT/SE2020/051144 filed November 30, 2020, has been received.
Claim Status
This Office Action is in response to Applicant’s Remarks, Declaration, and Claim Amendments filed October 6, 2025.
Filing Date
October 6, 2025
Amended
1, 4, 10
Pending
1-20
Withdrawn
4-9
Examined
1-3, 10-20
The applicant argues support for the claim 1 and 10 amendments at [0008]-[0012] (Remarks p. 2 para. 2).
Withdrawn Claim Rejections - 35 USC § 112
The following 112(a) rejections are withdrawn due to claim amendment:
Claim 1 line 5 and claim 10 line 5 “C: 2.5-4 wt%, a majority of which is in a Cr7C3 phase with said Cr”.
The following 112(b) rejections are withdrawn due to claim amendment:
Claim 1 line 10 and claim 10 line 10 “each compound of impurity, including Cu”.
Response to Declaration of Henrik Borgstrӧm and Remarks filed October 6, 2025
Applicant's arguments in the Declaration and the Remarks filed October 6, 2025 have been fully considered but they are not persuasive.
Ichino in view of Zhu
The applicant argues Ichino relates to the different problem of producing an external layer material which is laminated on the external surface of a hot rolling roll prepared by a centrifugal casting process and can prevent occurrence of lamination segregation (Ichino Abstract) (Dec. para. 6; Remarks p. 7 para. 2).
In order for a reference to be proper for use in an obviousness rejection under 35 U.S.C. 103, the reference must be analogous art to the claimed invention. A reference is analogous art to the claimed invention if: (1) the reference is from the same field of endeavor as the claimed invention (even if it addresses a different problem); or (2) the reference is reasonably pertinent to the problem faced by the inventor (even if it is not in the same field of endeavor as the claimed invention). MPEP 2141.01(a)(I).
Ichino is in the same field of endeavor as the claimed invention of high-chromium white iron alloy with an overlapping composition (applicant’s claim 1; Ichino [0011], [0018]-[0026]) for use as an abrasion resistant plate (applicant’s specification [0028]; Ichino [0001]-[0002]). Therefore, Ichino is analogous art to the claimed invention and appropriate for use in an obviousness rejection.
The applicant argues Ichino is silent regarding Cu, such that Cu is an inevitable impurity and Ichino is not concerned with the level, and Ichino’s silence regarding Cu does not teach or suggest the complete absence of Cu (Dec. para. 7; Remarks p. 4 para. 3. P. 5 para. 2, p. 7 para. 3).
A reference may be relied upon for all that it would have reasonably suggested to one having ordinary skill in the art. MPEP 2123(I). Ichino’s silence regarding Cu in the alloy indicates the absence of Cu, which includes 0% Cu. This amount of Cu falls within the scope of the claimed. In the event it is determined that Cu is present as an impurity within the alloy of Ichino, then, due to the silence of Ichino on Cu, then amount of Cu as an impurity includes 0 wt%, such that the amount of Cu within the scope of Ichino would overlap with that claimed and a prima facie case of obviousness exists. MPEP 2144.05(I).
The applicant argues Zhu produces a wear-resistant white cast iron with 0.2-0.8 wt% Cu (Zhu [0015]), which is above the surprising substantial decline in strength (Dec. para. 8; Remarks p. 4 para. 4) and the level of Cu is important to Zhu’s composition (Zhu [0015]) where the higher Cu range of 0.2-0.8 wt% is important in stabilizing the distribution of M7C3 carbides in an austenite matrix because, as evidenced by Ding, adding an appropriate amount of Cu refines the carbides, reduces the spacing, and achieves intermittent and uniform distribution of carbides (Dec. para. 9; Remarks p. 8 para. 2).
How does Ding provide evidence that a higher Cu range of 0.2-0.8 wt% is important to stabilizing the distribution of M7C3 carbides in an austenite matrix? The Declaration at paragraph 9 and the Remarks at page 7 reference Ding, but neither cite where within Ding where the alleged evidence is present.
Ding discloses in 1. Introduction paragraph 1 that high chromium cast irons (HCCIs) having alloying elements such as copper, which is added “to stabilize the austenite and make it as the matrix at the ambient temperature”. Ding also discloses copper in 2. Experimental procedures paragraph 1 in which initial charge materials of copper were used to prepare the investigated alloy. When Ding references copper, the disclosure does not relate the presence of copper to M7C3 carbides.
Rather, Ding discloses the presence of Ti, C, and N influence the M7C3 carbides (Abstract, 1. Introduction paragraph 2, 3.1. As-cast microstructure paragraph 2, 3.3 The possibility of Ti(C,N) acting as heterogenous nucleating substrate of M7C3 carbides, discloses that Ti(C,N) precipitates act as heterogenous nuclei) with respect to a C, Cr, N, and Ti composition (Table 1). The composition of Ding (Table 1) is not within the scope of the claimed high-chromium white iron alloy. Nor it is within the scope of the alloy of Ichino or Zhu. Therefore, the disclosure of Ding is unrelated to that of Zhu.
In the pending rejection, Ichino discloses a composition that overlaps with that claimed (Ichino [0011], [0018]-[0026]) with Cr-based carbides (Ichino [0018], [0020]) that, according to Zhu, are controlled to M7C3-type by controlling the Cr/C ratio to significantly improve the mechanical properties (Zhu [0011]). Zhu discloses the Cr/C ratio is controlled to greater than 4 to form M7C3-type carbides (Zhu [0011]), and the Cr/C ratio of Ichino is 0.25 to 30 (1/4 to 30/1.5) (Ichino [0018], [0020]), such that it is within the scope of Ichino to control the Cr/C ratio to be greater than 4 and advantageously form M7C3-type carbides.
Absent evidence to the contrary, the pending rejection of Ichino in view of Zhu, and the Cr/C ratio and resulting M7C3-type carbides as disclosed by Zhu, do not also require the Cu content disclosed by Zhu. Zhu discloses in [0015] that “Copper can replace part of molybdenum, improve the fluidity of molten iron, improve hardenability and toughness”, but not disclose if and/or how the copper content relates to controlling the Cr-carbides to be M7C3-type.
The applicant argues at most 0.05 wt% Cu improves impact strength (Appendix A, Table 1), where 0.2 wt% Cu adversely affects impact strength in comparison to approximately 0.1 wt% or 0.03 wt% Cu, such that a Cu content of 0.2 wt% is clearly undesirable and there is a surprising substantially decline in impact strength between less than 0.05 wt% and 02 wt% Cu (Dec. para. 5).
The above argument appears to be distinguishing the 0.2 to 0.8 wt% Cu content of Zhu from the claimed Cu content of less than 0.05 wt%. In the pending rejections, Ichino discloses an overlapping composition ([0011], [0018]-[0026]), where the silence regarding Cu indicates the absence of Cu at 0 wt%, which falls within the scope of the claim. Zhu discloses the obviousness of the Cr-carbides (Ichino [0020]) being M7C3-type, which are controlled by the Cr and C ratio (Zhu [0011]). Therefore, forming M7C3-type carbides is related to the Cr and C ratio, and does not require the Cu content of Zhu. The pending prior art rejections do not include a Cu content of 0.2 wt% because the composition is rejected over the disclosure of Ichino ([0011], [0018]-[0026]).
Further, 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 above argument appears to be distinguishing the Cu content of the secondary reference, Zhu, to that claimed. Therefore, it does not meet the burden of establishing unexpected results of the claimed Cu content range of less than 0.05 wt%.
For the above cited reasons, the rejection of Ichino in view of Zhu is maintained.
Ichino in view of Cheng
The above arguments directed to Ichino are also applicable to the rejection over Cheng. For the above cited reasons these arguments were not persuasive.
The applicant argues Cheng describes 0.5-2.0 wt% Cu (Cheng [0012], [0054], [0056], [0058]) must be added (Cheng [0016]) to improve hardenability and refine carbides (Cheng [0019]), such that Cu is critical for Cheng’s composition (Dec. para. 10; Remarks para. spanning pp. 8-9).
In the pending rejection, Ichino discloses a composition that overlaps with that claimed (Ichino [0011], [0018]-[0026]) with Cr-based carbides (Ichino [0018], [0020]) that, according to Cheng, are controlled to M7C3-type by controlling the Cr content to be greater than 11% and the Cr/C ratio to exceed 3.5 to significantly improve the toughness of the material (Cheng [0015]). The alloy of Ichino includes 1 to 30% Cr ([0020]) and a Cr/C ratio of 0.25 to 20 (1/4 to 30/1.5) ([0018], [0020]), such that it is within the scope of Ichino to satisfy the Cr and Cr/C conditions disclosed by Cheng to control the carbides to be M7C3-type.
Absent evidence to the contrary, the pending rejection of Ichino in view of Cheng, and the Cr/C ratio and resulting M7C3-type carbides as disclosed by Cheng, do not also require the Cu content disclosed by Cheng. While Cheng [0019] discloses copper refines the carbides and makes them discontinuous, Cheng does not disclose if and/or how the presence of Cu is critical in influencing the form of the carbides.
New Grounds
In light of claim amendment and upon further consideration new grounds of rejection are made over Zhao in view of Fu and over Jung in view of Fu and Cheng.
Claim Interpretation
Claim 1 line 5 and claim 10 line 5 “C: 2.5-4 wt%, a majority of which is in a Cr7C3 phase” is given the broadest reasonable interpretation of requiring more than half of the C to be in a Cr7C3 phase.
Claim 1 lines 10-11 and claim 10 lines 10-11 “each impurity, including Cu, is present in an amount of less than 0.05 wt%” is interpreted in light of applicant’s [0008] as copper being an impurity that is limited to less than 0.05 wt%.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 1-3 and 10-20 are rejected under 35 U.S.C. 103 as being unpatentable over Ichino (JP 2002-331344 machine translation) in view of Zhu (CN 1252455 machine translation).
Regarding claims 1, 3, and 10-20, Ichino discloses a high-chromium white iron alloy with an overlapping composition ([0011], [0018]-[0026]) as an outer layer of a roll for rolling steel (abrasion resistant plate) ([0001]-[0002]). 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
Claims 1, 10
wt%
Claims 3, 11-20
wt%
Ichino Disclosure
wt%
Ichino Citation
RE
0.01 to 0.6
0.2 to 0.4
0.5 or less
[0022]
Cr
26 to 30
27 to 29
1 to 30
[0020]
C
2.5 to 4
2.5 to 3.2
1.5 to 4
[0018]
Si
0.2 to 2
0.3 to 1
0.2 to 3
[0019]
Mn
0.5 to 1
0.8 to 1
0.2 to 2
[0019]
Mo
0.2 to 0.5
0.4 to 0.5
0.5 to 10
[0021]
Ni
0.01 to 0.6
0.2 to 0.4
6 or less
[0022]
Fe
Balance
60 to 70
Balance (44.5 to 96.6)
[0026]
Ichino discloses the high-chromium white iron alloy includes carbides formed from the carbon and the chromium (Cr combines with C to form Cr-based carbides and C is essential for forming carbides with a Cr/C ratio of 0.25 to 20 (1/4 to 30/1.5)) ([0018], [0020]).
Ichino is silent to the majority of the carbides being in a Cr7C3 phase.
Zhu discloses a high-chromium white iron alloy ([0001]) that includes carbides formed from the carbon and the chromium (where chromium has a strong affinity with C), a majority of which is in a Cr7C3 phase (a Cr/C ratio of greater than 4 forms M7C3-type ((Cr-Fe)7C3-type) hexagonal eutectic carbides) ([0011]).
It would have been obvious to one of ordinary skill in the art in the alloy of Ichino to limit the Cr/C ratio to be greater than 4 to 20 so that M7C3-type ((Cr-Fe)7C3-type) hexagonal eutectic carbides form, which significantly improves the mechanical properties (Zhu [0011]).
Regarding claim 2, Ichino discloses 0.5% or less rare earth ([0022]). La, Ce, and Y are part of the rare earth elements encompassed by the disclosure of Ichino.
Claim 2 is rejected under 35 U.S.C. 103 as being unpatentable over Ichino (JP 2002-331344 machine translation) in view of Zhu (CN 1252455 machine translation) as applied to claim 1 above, and further in view of Fu (CN 1439738 machine translation).
In the event it is determined that the rare earth disclosure of Ichino does not read on claim 2, then the below rejection in view of Fu is applied.
Regarding claim 2, Ichino discloses 0.5% or less rare earth ([0022]).
Fu discloses a high-chromium wear-resistant cast iron ([0002], [0004]) with a similar composition ([0006]-[0013], [0023]-[0040]), including 0.03 to 0.10 wt% Ce ([0012], [0039]).
It would have been obvious to one of ordinary skill in the art for the rare earth in Ichino to be Ce because it is a surface active element that selectively adsorbs on eutectic carbides, forcing the eutectic carbides to become smaller and blunt, and it increases the nucleation effect of austenite, making the austenite structure more compact, fine, and uniform, improving toughness, without excessively increasing inclusions (Fu [0039]).
Claims 10 and 18-20 are rejected under 35 U.S.C. 103 as being unpatentable over Ichino (JP 2002-331344 machine translation) in view of in view of Zhu (CN 1252455 machine translation) and either one of Liu (CN 110257697 machine translation) or Fu (CN 1439738 machine translation).
In the event it is determined the outer layer of a roll as disclosed in Ichino does not read on an abrasion resistant plate, then the below rejection in view of either one of Liu or Fu is applied.
Regarding claims 10 and 18-20, Ichino discloses a high-chromium white iron alloy with an overlapping composition ([0011], [0018]-[0026]).
Ichino discloses the high-chromium white iron alloy includes carbides formed from the carbon and the chromium (Cr combines with C to form Cr-based carbides and C is essential for forming carbides with a Cr/C ratio of 0.25 to 20 (1/4 to 30/1.5)) ([0018], [0020]).
Ichino is silent to the majority of the carbides being in a Cr7C3 phase.
Zhu discloses a high-chromium white iron alloy ([0001]) that includes carbides formed from the carbon and the chromium (where chromium has a strong affinity with C), a majority of which is in a Cr7C3 phase (a Cr/C ratio of greater than 4 forms M7C3-type ((Cr-Fe)7C3-type) hexagonal eutectic carbides) ([0011]).
It would have been obvious to one of ordinary skill in the art in the alloy of Ichino to limit the Cr/C ratio to be greater than 4 to 20 so that M7C3-type ((Cr-Fe)7C3-type) hexagonal eutectic carbides form, which significantly improves the mechanical properties (Zhu [0011]).
Ichino discloses the cast iron is for an outer layer of a roll for rolling steel ([0001]-[0002]).
Ichino is silent to the white iron product being or comprising any of a dispersing disc, a grinding disc, a refiner disc, an abrasion resistant plate, a mixing blade, a mixing arm or a cutting blade.
Liu discloses a grate plate (dispersing disc, abrasion resistant plate) ([0007]-[0009]) made of a high-chromium white iron alloy with a similar composition (Abstract, [0002], [0008]).
It would have been obvious to one of ordinary skill in the art for the cast iron of Ichino to be made into a grate plate (dispersing disc, abrasion resistant plate) because the grate plate is part of a cement plant that experiences high temperature abrasive wear (Liu [0004]) and making it out of cast iron (Ichino [0011], [0018]-[0026]; Liu Abstract, [0002], [0008]) provides a wear-resistant, heat-resistant grate plate with fewer defects (Liu [0007]).
As an alternative to Liu, Fu discloses a high-chromium wear-resistant cast iron sieve plate (dispersing disc, refiner disc, abrasion resistant plate) ([0002], [0004]) with a similar composition ([0006]-[0013], [0023]-[0040]).
It would have been obvious to one of ordinary skill in the art for the cast iron of Zhu to be made into a sieve plate (dispersing disc, refiner disc, abrasion resistant plate) because the sieve plate screens ore and requires wear resistance and toughness (Fu [0003]).
Claims 1-3 and 10-20 are rejected under 35 U.S.C. 103 as being unpatentable over Ichino (JP 2002-331344 machine translation) in view of Cheng (CN 101012526 machine translation).
Regarding claims 1, 3, and 10-20, Ichino discloses a high-chromium white iron alloy with an overlapping composition ([0011], [0018]-[0026]) as an outer layer of a roll for rolling steel (abrasion resistant plate) ([0001]-[0002]). 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
Claims 1, 10
wt%
Claims 3, 11-20
wt%
Ichino Disclosure
wt%
Ichino Citation
RE
0.01 to 0.6
0.2 to 0.4
0.5 or less
[0022]
Cr
26 to 30
27 to 29
1 to 30
[0020]
C
2.5 to 4
2.5 to 3.2
1.5 to 4
[0018]
Si
0.2 to 2
0.3 to 1
0.2 to 3
[0019]
Mn
0.5 to 1
0.8 to 1
0.2 to 2
[0019]
Mo
0.2 to 0.5
0.4 to 0.5
0.5 to 10
[0021]
Ni
0.01 to 0.6
0.2 to 0.4
6 or less
[0022]
Fe
Balance
60 to 70
Balance (44.5 to 96.6)
[0026]
Ichino discloses the high-chromium white iron alloy includes carbides formed from the carbon and the chromium (Cr combines with C to form Cr-based carbides and C is essential for forming carbides with a Cr/C ratio of 0.25 to 20 (1/4 to 30/1.5)) ([0018], [0020]).
Ichino is silent to a majority of the carbides being in a Cr7C3 phase.
Cheng discloses a high-chromium white iron alloy ([0002]), wherein the high-chromium white iron alloy includes carbides formed from the carbon and the chromium, a majority of which is in a Cr7C3 phase (a high chromium content greater than 11% and a ratio of chromium to carbon that exceeds 3.5 form M7C3-tpe carbides) ([0015]).
It would have been obvious to one of ordinary skill in the art in the alloy of Ichino to form a majority of M7C3-type carbides because the alloy includes greater than 11% Cr (1 to 30 wt%, Ichino [0020]) and a ratio of chromium to carbon that exceeds 3.5 (0.25 to 20, Ichino [0018], [0020]), where the toughness of the material significantly improves when HV2000 high-hardness M7C3-type carbides almost completely replace M3C type carbides (Cheng [0015]).
Regarding claim 2, Ichino discloses 0.5% or less rare earth ([0022]). La, Ce, and Y are part of the rare earth elements encompassed by the disclosure of Ichino.
Claim 2 is rejected under 35 U.S.C. 103 as being unpatentable over Ichino (JP 2002-331344 machine translation) in view of Cheng (CN 101012526 machine translation) as applied to claim 1 above, and further in view of Fu (CN 1439738 machine translation).
In the event it is determined that the rare earth disclosure of Ichino does not read on claim 2, then the below rejection in view of Fu is applied.
Regarding claim 2, Ichino discloses 0.5% or less rare earth ([0022]).
Fu discloses a high-chromium wear-resistant cast iron ([0002], [0004]) with a similar composition ([0006]-[0013], [0023]-[0040]), including 0.03 to 0.10 wt% Ce ([0012], [0039]).
It would have been obvious to one of ordinary skill in the art for the rare earth in Ichino to be Ce because it is a surface active element that selectively adsorbs on eutectic carbides, forcing the eutectic carbides to become smaller and blunt, and it increases the nucleation effect of austenite, making the austenite structure more compact, fine, and uniform, improving toughness, without excessively increasing inclusions (Fu [0039]).
Claims 10 and 18-20 are rejected under 35 U.S.C. 103 as being unpatentable over Ichino (JP 2002-331344 machine translation) in view of in view of Cheng (CN 101012526 machine translation) and either one of Liu (CN 110257697 machine translation) or Fu (CN 1439738 machine translation).
In the event it is determined the outer layer of a roll as disclosed in Ichino does not read on an abrasion resistant plate, then the below rejection in view of either one of Liu or Fu is applied.
Regarding claims 10 and 18-20, Ichino discloses a high-chromium white iron alloy with an overlapping composition ([0011], [0018]-[0026]).
Ichino discloses the high-chromium white iron alloy includes carbides formed from the carbon and the chromium (Cr combines with C to form Cr-based carbides and C is essential for forming carbides with a Cr/C ratio of 0.25 to 20 (1/4 to 30/1.5)) ([0018], [0020]).
Ichino is silent to a majority of the carbides being in a Cr7C3 phase.
Cheng discloses a high-chromium white iron alloy ([0002]), wherein the high-chromium white iron alloy includes carbides formed from the carbon and the chromium, a majority of which is in a Cr7C3 phase (a high chromium content greater than 11% and a ratio of chromium to carbon that exceeds 3.5 form M7C3-tpe carbides) ([0015]).
It would have been obvious to one of ordinary skill in the art in the alloy of Ichino to form a majority of M7C3-type carbides because the alloy includes greater than 11% Cr (1 to 30 wt%, Ichino [0020]) and a ratio of chromium to carbon that exceeds 3.5 (0.25 to 20, Ichino [0018], [0020]), where the toughness of the material significantly improves when HV2000 high-hardness M7C3-type carbides almost completely replace M3C type carbides (Cheng [0015]).
Ichino discloses the cast iron is for an outer layer of a roll for rolling steel ([0001]-[0002]).
Ichino is silent to the white iron product is or comprising any of a dispersing disc, a grinding disc, a refiner disc, an abrasion resistant plate, a mixing blade, a mixing arm or a cutting blade.
Liu discloses a grate plate (dispersing disc, abrasion resistant plate) ([0007]-[0009]) made of a high-chromium white iron alloy with a similar composition (Abstract, [0002], [0008]).
It would have been obvious to one of ordinary skill in the art for the cast iron of Ichino to be made into a grate plate (dispersing disc, abrasion resistant plate) because the grate plate is part of a cement plant that experiences high temperature abrasive wear (Liu [0004]) and making it out of cast iron (Ichino [0011], [0018]-[0026]; Liu Abstract, [0002], [0008]) provides a wear-resistant, heat-resistant grate plate with fewer defects (Liu [0007]).
As an alternative to Liu, Fu discloses a high-chromium wear-resistant cast iron sieve plate (dispersing disc, refiner disc, abrasion resistant plate) ([0002], [0004]) with a similar composition ([0006]-[0013], [0023]-[0040]).
It would have been obvious to one of ordinary skill in the art for the cast iron of Zhu to be made into a sieve plate (dispersing disc, refiner disc, abrasion resistant plate) because the sieve plate screens ore and requires wear resistance and toughness (Fu [0003]).
Claims 1-3, 10-12, and 14-19 are rejected under 35 U.S.C. 103 as being unpatentable over Zhao (CN 102851570 machine translation) in view of Fu (CN 1439738 machine translation).
Regarding claim 1, Zhao discloses a high-chromium white iron alloy ([0004]-[0010]) with an overlapping composition (Table 1),
wherein the high-chromium white iron alloy includes carbides formed from the carbon and the chromium, a majority (primary hard particles) of which is in a Cr7C3 phase (type) ([0014], [0017]).
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).
Zhao is silent to RE: 0.01-0.6 wt%.
Fu discloses a high-chromium white iron alloy ([0002], [0004]) comprising a rare-earth (RE) element at 0.01-0.6 wt% (Ce: 0.03 to 0.10%) ([0012], [0039]).
It would have been obvious to one of ordinary skill in the art in the alloy of Zhao to include Ce of 0.03 to 0.10% to reduce the growth rate of the carbides, such that they are smaller and blunt and to increase the nucleation effect of austenite, making the austenite structure more compact, fine, and uniform (Fu [0039]). 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
Claims 1, 10
wt%
Claims 3, 11-20
wt%
Zhao Table 1
wt%
RE
0.01 to 0.6
0.2 to 0.4
-
Cr
26 to 30
27 to 29
28.0 to 30.0
C
2.5 to 4
2.5 to 3.2
3.6 to 3.8
Si
0.2 to 2
0.3 to 1
≤ 1.2
Mn
0.5 to 1
0.8 to 1
≤ 0.8
Mo
0.2 to 0.5
0.4 to 0.5
≤ 0.5
Ni
0.01 to 0.6
0.2 to 0.4
≤ 0.8
Fe
Balance
60 to 70
Balance
Cu
<0.05
≤ 0.2
Regarding claim 2, Zhao in view of Fu discloses the RE element is of one of the group consisting of: Ce, La and Y (Ce) (Fu [0012], [0039]).
Regarding claim 3, Zhao discloses Fe within the range of 60-70 wt% (62.7 to 68.4; 100-(30+3.8+1.2+0.8+0.5+0.8+0.2) to 100-(28+3.6)) (Table 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. MPEP 2144.05(I).
Regarding claim 10, Zhao discloses a white iron product ([0010], [0014], [0018]) comprising a high-chromium white iron alloy ([0004]-[0010]) with an overlapping composition (Table 1),
wherein the high-chromium white iron alloy includes carbides formed from the carbon and the chromium, a majority (primary hard particles) of which is in a Cr7C3 phase (type) ([0014], [0017]),
wherein the white iron product is or comprises any of a dispersing disc, a grinding disc, a refiner disc, an abrasion resistant plate, a mixing blade, a mixing arm or a cutting blade (grinding disc) ([0010], [0014], [0018]).
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).
Zhao is silent to RE: 0.01-0.6 wt%.
Fu discloses a high-chromium white iron alloy ([0002], [0004]) comprising a rare-earth (RE) element at 0.01-0.6 wt% (Ce: 0.03 to 0.10%) ([0012], [0039]).
It would have been obvious to one of ordinary skill in the art in the alloy of Zhao to include Ce of 0.03 to 0.10% to reduce the growth rate of the carbides, such that they are smaller and blunt and to increase the nucleation effect of austenite, making the austenite structure more compact, fine, and uniform (Fu [0039]). 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
Claims 1, 10
wt%
Claims 3, 11-20
wt%
Zhao Table 1
wt%
RE
0.01 to 0.6
0.2 to 0.4
-
Cr
26 to 30
27 to 29
28.0 to 30.0
C
2.5 to 4
2.5 to 3.2
3.6 to 3.8
Si
0.2 to 2
0.3 to 1
≤ 1.2
Mn
0.5 to 1
0.8 to 1
≤ 0.8
Mo
0.2 to 0.5
0.4 to 0.5
≤ 0.5
Ni
0.01 to 0.6
0.2 to 0.4
≤ 0.8
Fe
Balance
60 to 70
Balance
Cu
<0.05
≤ 0.2
Regarding claim 11, Zhao in view of Fu discloses RE: 0.2-0.4 wt% (Ce: 0.03 to 0.10%) (Fu [0012], [0039]). 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).
Regarding claim 12, Zhao discloses Cr: 27-29 wt% (28.0-30.0) (Table 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. MPEP 2144.05(I).
Regarding claim 14, Zhao discloses Si: 0.3-1 wt% (≤ 1.2) (Table 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. MPEP 2144.05(I).
Regarding claim 15, Zhao discloses Mn: 0.8-1wt% (≤ 0.8) (Table 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. MPEP 2144.05(I).
Regarding claim 16, Zhao discloses Mo: 0.4-0.5wt% (≤ 0.5) (Table 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. MPEP 2144.05(I).
Regarding claim 17, Zhao discloses Ni: 0.2-0.4 wt% (≤ 0.8) (Table 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. MPEP 2144.05(I).
Regarding claim 18, Zhao in view of Fu discloses RE: 0.2-0.4 wt% (Ce: 0.03 to 0.10%) (Fu [0012], [0039]). 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).
Regarding claim 19, Zhao discloses Cr: 27-29 wt% (28.0-30.0) (Table 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. MPEP 2144.05(I).
Claims 1-3, 10, 11, 13-18, and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Jung (KR 10-2000-0008094 machine translation, citations as page:paragraph(s)) in view of Fu (CN 1439738 machine translation) and Cheng (CN 101012526 machine translation).
Regarding claim 1, Jung discloses a high-chromium white iron alloy (2:10, 3:3-5) with an overlapping composition, where the absence of Cu reads on the alloy including 0% (3:5, 8, 10, 4:1 to 6:1). In the case where the claimed ranges “overlap or lie inside ranges disclosed by the prior art” a prima facie case of obviousness exists. MPEP 2144.05(I).
Jung is silent to RE: 0.01-0.6 wt%.
Fu discloses a high-chromium white iron alloy ([0002], [0004]) comprising a rare-earth (RE) element at 0.01-0.6 wt% (Ce: 0.03 to 0.10%) ([0012], [0039]).
It would have been obvious to one of ordinary skill in the art in the alloy of Jung to include Ce of 0.03 to 0.10% to reduce the growth rate of the carbides, such that they are smaller and blunt and to increase the nucleation effect of austenite, making the austenite structure more compact, fine, and uniform (Fu [0039]). 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).
Jung discloses the high-chromium white iron alloy includes carbides formed from the carbon and the chromium (chromium carbide) (3:10, 4:3-5).
Jung is silent to a majority of the carbides being in a Cr7C3 phase.
Cheng discloses a high-chromium white iron alloy ([0002]), wherein the high-chromium white iron alloy includes carbides formed from the carbon and the chromium, a majority of which is in a Cr7C3 phase (a high chromium content greater than 11% and a ratio of chromium to carbon that exceeds 3.5 form M7C3-tpe carbides) ([0015]).
It would have been obvious to one of ordinary skill in the art in the alloy of Jung to form a majority of M7C3-type carbides because the alloy includes greater than 11% Cr (15 to 26 wt%, Jung 4:2) and a ratio of chromium to carbon that exceeds 3.5 (6.0 to 16, Jung 4:3), where the toughness of the material significantly improves when HV2000 high-hardness M7C3-type carbides almost completely replace M3C type carbides (Cheng [0015]).
Element
Claims 1, 10
wt%
Claims 3, 11-20
wt%
Jung Disclosure wt%
Jung Citation
RE
0.01 to 0.6
0.2 to 0.4
-
-
Cr
26 to 30
27 to 29
15 to 26
4:2
C
2.5 to 4
2.5 to 3.2
1.5 to 3.5
4:1
Si
0.2 to 2
0.3 to 1
0.5 to 2.0
5:1
Mn
0.5 to 1
0.8 to 1
0.5 to 2.0
5:2
Mo
0.2 to 0.5
0.4 to 0.5
0.3 to 2.5
5:5
Ni
0.01 to 0.6
0.2 to 0.4
0.2 to 3
5:4
Fe
Balance
60 to 70
Residual
3:8
Cu
<0.05
-
-
-
Regarding claim 2, Jung in view of Fu discloses the RE element is of one of the group consisting of: Ce, La and Y (Ce) (Fu [0012], [0039]).
Regarding claim 3, Jung discloses Fe within the range of 60-70 wt% (56.9 to 81.1; 100-(3.5+26+2+2+3+2.5+2+2+0.1) to 100-(1.5+15+0.5+0.5+0.5+0.2+0.3+0.2+0.2+0) (3:5, 8). 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).
Regarding claim 10, Jung discloses a high-chromium white iron alloy (2:10, 3:3-5) with an overlapping composition, where the absence of Cu reads on the alloy including 0% (3:5, 8, 10, 4:1 to 6:1),
wherein the white iron product is or comprises any of a dispersing disc, a grinding disc, a refiner disc, an abrasion resistant plate, a mixing blade, a mixing arm or a cutting blade (abrasion resistant plate) (2:1, 3:3-4).
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).
Jung is silent to RE: 0.01-0.6 wt%.
Fu discloses a high-chromium white iron alloy ([0002], [0004]) comprising a rare-earth (RE) element at 0.01-0.6 wt% (Ce: 0.03 to 0.10%) ([0012], [0039]).
It would have been obvious to one of ordinary skill in the art in the alloy of Jung to include Ce of 0.03 to 0.10% to reduce the growth rate of the carbides, such that they are smaller and blunt and to increase the nucleation effect of austenite, making the austenite structure more compact, fine, and uniform (Fu [0039]). 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).
Jung discloses the high-chromium white iron alloy includes carbides formed from the carbon and the chromium (chromium carbide) (3:10, 4:3-5).
Jung is silent to a majority of the carbides being in a Cr7C3 phase.
Cheng discloses a high-chromium white iron alloy ([0002]), wherein the high-chromium white iron alloy includes carbides formed from the carbon and the chromium, a majority of which is in a Cr7C3 phase (a high chromium content greater than 11% and a ratio of chromium to carbon that exceeds 3.5 form M7C3-tpe carbides) ([0015]).
It would have been obvious to one of ordinary skill in the art in the alloy of Jung to form a majority of M7C3-type carbides because the alloy includes greater than 11% Cr (15 to 26 wt%, Jung 4:2) and a ratio of chromium to carbon that exceeds 3.5 (6.0 to 16, Jung 4:3), where the toughness of the material significantly improves when HV2000 high-hardness M7C3-type carbides almost completely replace M3C type carbides (Cheng [0015]).
Regarding claim 11, Jung in view of Fu discloses RE: 0.2-0.4 wt% (Ce: 0.03 to 0.10%) (Fu [0012], [0039]). 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).
Regarding claim 13, Jung discloses C: 2.5-3.2 wt% (1.5 to 3.5 wt%) (4:1). In the case where the claimed ranges “overlap or lie inside ranges disclosed by the prior art” a prima facie case of obviousness exists. MPEP 2144.05(I).
Regarding claim 14, Jung discloses Si: 0.3-1 wt% (0.5 to 2.0 wt%) (5:1). In the case where the claimed ranges “overlap or lie inside ranges disclosed by the prior art” a prima facie case of obviousness exists. MPEP 2144.05(I).
Regarding claim 15, Jung discloses Mn: 0.8-1wt% (0.5 to 2.0 wt%) (5:2). 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).
Regarding claim 16, Jung discloses Mo: 0.4-0.5wt% (0.3 to 2.5 wt%) (5:5). 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).
Regarding claim 17, Jung discloses Ni: 0.2-0.4 wt% (0.2 to 3 wt%) (5:4). 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).
Regarding claim 18, Jung in view of Fu discloses RE: 0.2-0.4 wt% (Ce: 0.03 to 0.10%) (Fu [0012], [0039]). 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).
Regarding claim 20, Jung discloses C: 2.5-3.2 wt% (1.5 to 3.5 wt%) (4:1). In the case where the claimed ranges “overlap or lie inside ranges disclosed by the prior art” a prima facie case of obviousness exists. MPEP 2144.05(I).
Related Art
Hu (CN 1706976 machine translation)
Hu discloses a wear-resistant cast iron ([0002]) with improved impact resistance, wear resistance, and service life for industries such as metallurgy, mining, and construction ([0004]-[0006]) with an overlapping composition (Abstract, [0015]).
Element
Claims 1, 10
wt%
Claims 3, 11-20
wt%
Hu Disclosure
wt%
RE
0.01 to 0.6
0.2 to 0.4
Modifier: 0.2 to 0.5 of 1:1:1 of RE:V:Ti
Cr
26 to 30
27 to 29
12 to 27
C
2.5 to 4
2.5 to 3.2
1.2 to 3.2
Si
0.2 to 2
0.3 to 1
0.3 to 1.5
Mn
0.5 to 1
0.8 to 1
0.5 to 1.5
Mo
0.2 to 0.5
0.4 to 0.5
0.2 to 2.2
Ni
0.01 to 0.6
0.2 to 0.4
0.2 to 2.0
Fe
Balance
60 to 70
Balance
Neville (Neville et al. Characterization and Corrosion Behavior of High-Chromium White Cast Irons. Metallurgical and Materials Transactions A. Volume 37A, August 2006, 2239-2347.)
Neville discloses a high-chromium cast iron alloy (II.A. Materials, Table I) where the Cr/C ratio determined the M7C3 carbide (I. Introduction) and the resulting morphology (III.A. Microstructural Characterization, IV. Conclusions, Figs. 2-5).
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/STEPHANI HILL/Examiner, Art Unit 1735