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 .
Status of Claims
Claims 1 and 2 are currently amended, Claims 3-17, 19, 21, and 22 are as previously presented, and Claims 18 and 20 are canceled.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION - The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-17, 19, 21, and 22 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 1 recites processing the steel sheet at a processing temperature of 675 °C or higher and lower than Ac3 point (°C) + 10 °C, holding the entire sheet at the processing temperature, cooling at an average cooling rate of more than 0 °C/sec and 15 °C/sec or less, and cooling the sheet to a temperature of the Ms point (°C) – 50 °C at a cooling rate to the Ms point (°C) – 50 °C to be 10 °C/sec or more. However, Claim 1 further recites “there is no application of local temperature control during the producing of the steel component.” It is not clear how the three temperature conditions stated above do not read on “local temperature control.” The examiner notes that the specification exemplifies “no application of local temperature control” in at least [0047-0049, 0056-0059, 0083-0084, and 0088-0090] with examples in Tables 4 and 5 at a range of temperatures.
Claim 2 recites processing the steel sheet at a processing temperature of Ms point (°C) + 50 °C or higher and lower than Ac3 point (°C) + 10 °C, holding the entire sheet at the processing temperature, cooling at an average cooling rate of more than 0 °C/sec and 15 °C/sec or less, cooling the sheet to a temperature of the Ms point (°C) – 50 °C at a cooling rate to the Ms point (°C) – 50 °C, and an average cooling rate of heating to the Ms point (°C) – 50 °C is controlled to 10 °C/sec or more. However, Claim 1 further recites “there is no application of local temperature control during the producing of the steel component.” It is not clear how the four temperature conditions stated above do not read on “local temperature control.” The examiner notes that the specification exemplifies “no application of local temperature control” in at least [0047-0049, 0056-0059, 0083-0084, and 0088-0090] with examples in Tables 4 and 5 at a range of temperatures.
Claims dependent on any of the rejected claims are likewise rejected under this statute.
Allowable Subject Matter
Claims 1-17, 19, 21, and 22 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action.
The following is a statement of reasons for the indication of allowable subject matter: the cited prior art does not suggest any degree of difference between a hardness between the processed portion and non-processed portion as claimed.
Response to Arguments
Applicant's arguments filed 4/6/2026 have been fully considered but they are not persuasive. Applicant argues that neither Murakami et al nor Mizuta et al appear to teach differences in hardness between a processed portion and a non-processed portion of the same steel component. The examiner agrees that neither Murakami et al nor Mizuta et al teaches the degree of difference a hardness between the processed portion of the steel component and the non-processed portion. However, the limitation of “no application of local temperature control” is not clear and is addressed above, since both Claim 1 and 2 recite temperature conditions for processing.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Tima M. McGuthry-Banks whose telephone number is (571)272-2744. The examiner can normally be reached Monday through Friday, 7:30 am to 4:00 pm.
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, Keith D. Hendricks can be reached at (571) 272-1401. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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Tima M. McGuthry-Banks
Primary Examiner
Art Unit 1733
/TIMA M. MCGUTHRY-BANKS/Primary Examiner, Art Unit 1733
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