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 .
Election/Restrictions
Applicant's election with traverse of Group I (Claims 1-10) in the reply filed on 08/18/2025 is acknowledged. The traversal is on the ground(s) that there is no serious search burden. This is not found persuasive because this case is filed under PCT Rule 13.1 and the restriction requirement is based on whether Group I and Group II share a specifical technical feature. As shown below, Tang teaches every limitation recited in claim 1, Group I and Group II lack special technical feature and the requirement is still deemed proper and is therefore made FINAL. Claims 11-20 are withdrawn. Claims 1-10 are examined herein.
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 1-10 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.
The term “high-entropy” in claims 1-10 (line 1) is a relative term which renders the claim indefinite. The term “high-entropy” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. Appropriate correction is required.
Claim 1 recites “A high-entropy alloy comprising a first phase and a second phase respectively containing iron and copper, and iron and a first metal other than copper”. The meaning of this limitation is unclear. It means the first phase contains iron and the second phases copper, or it means the first phase contains iron and copper and the second phase contains iron and a first metal? Appropriate correction is required.
The term “near” in claim 3 (line 2) is a relative term which renders the claim indefinite. The term “near” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. Appropriate correction is required.
The terms “Fe-rich” and “Cu-rich” in claim 6 are relative terms which render the claim indefinite. The terms “Fe-rich” and “Cu-rich” are not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. Appropriate correction is required.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1-10 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Tang (Metallurgical and Materials Transactions A, Vol 40A, Page 1479-1486, 2009).
Regarding claims 1, 6-7 and 9-10, Tang teaches a high-entropy alloy comprising a dendrite phase which is Fe-rich phase and an inter-dendrite phase which is a Cu-rich phase, and both phases contain Al, Fe, Cu (Abstract; Table II, Alloy Al-0.5, Al -1.0 and Al-1.5), which meets the recited phase composition in claims 1 and 6-7. Tang discloses that AlN is formed in the dendrite phase (Page 1483, right column), which meets the limitations recited in claims 9-10.
Regarding claims 2-3, Tang discloses that the Al-nitride is formed near a surface of the dendrite phase and within the dendrite phase (Page 1484, left column, 1st paragraph; Fig. 6). Since nitride size formed by nitriding is non-uniform, one of ordinary skill in the art would expect that some nitrides near the surface of the dendrite phase are smaller than some nitrides within the dendrite phase.
Further, in view of the fact that Tang teaches an alloy that meets the recited composition and structure in claim 1, one of ordinary skill in the art would expect that the nitrides formed by nitriding the high-entropy alloy disclosed by Tang to meet the limitation that the precipitate formed near a surface of the first phase having a size being smaller than the precipitate formed within the first phase as recited in claim 3. “Where the claimed and prior art products are identical or substantially identical in structure or composition, or are produced by identical or substantially identical processes, a prima facie case of either anticipation or obviousness has been established.” In re Best, 562 F.2d 1252, 1255, 195 USPQ 430, 433 (CCPA 1977). See MPEP 2112.01 I.
Regarding claim 4, Tang discloses that hardness of the first phase is greater than the hardness of the second phase, and the Cu-rich phase could not be nitride (Page 1484, right column), which meets the limitation recited in claim 4.
Regarding claim 5, Tang discloses that the prior to nitriding, the Al-0.5 alloy has a HV hardness of 230 (Fig. 8), indicating that the Cu-rich phase has a hardness less than 230 in Al-0.5 alloy. Tang further discloses that the hardness of Al-0.5 alloy after nitriding at the depth of 17.5 µm has a hardness greater than 750. Thus, the Al-0.5 alloy disclosed by Tang meets the hardness limitation recited in claim 5.
Regarding claim 8, Tang discloses that the AlN nitride only forms within the Fe-rich phase, not the Cu-rich phase (Page 1484, right column). Tang does not explicitly disclose that N has higher solubility and diffusion rate in the dendrite phase (i.e. Fe-rich phase) than inter-dendrite phase (i.e. Cu-rich phase). However, “Where the claimed and prior art products are identical or substantially identical in structure or composition, or are produced by identical or substantially identical processes, a prima facie case of either anticipation or obviousness has been established.” In re Best, 562 F.2d 1252, 1255, 195 USPQ 430, 433 (CCPA 1977). See MPEP 2112.01 I. In view of the fact that Tang teaches an alloy that meets the recited alloy composition in claim 1 and the non-metal is nitrogen that is the same as recited in claim 9, one of ordinary skill in the art would expect that the alloy disclosed by Tang meet the limitation that N has higher solubility and diffusion rate in the first phase than the second phase.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Xiaowei Su whose telephone number is (571)272-3239. The examiner can normally be reached 8:00-5:00.
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 Hendricks can be reached at 5712721401. 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.
/XIAOWEI SU/Primary Examiner, Art Unit 1733