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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 04/30/2026 was filed after the mailing date of the non-final rejection on 02/26/2026. The submission complies with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Status of Claims
Claim 1 is currently amended, Claims 2 and 4 are canceled, Claims 3 and 6-8 are as originally filed, and Claim 5 is as previously presented.
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, 3, and 5-8 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 three variables and one constant in Expression (3): true stress (σ), true strain (ε), work-hardening exponent (n), and strength coefficient K. The claim provides a condition for the true strain value at maximum work-hardening exponent; this is only one value of true strain with no corresponding value of work-hardening exponent. However, Claim 1 is indefinite because there are no limits for variables for σ, ε, and n. FIG. 2 is a chart that demonstrates a relationship between true stress and true strain and work-hardening exponent and true strain. The values of true strain, true stress, and work-hardening exponent all have upper and lower limits in the chart. The maximum work-hardening exponent in FIG. 2 is greater than 0.2. It is not clear how to apply Expression (3) to meet the claimed limitation.
Claims dependent on any of the rejected claims are likewise rejected under this statute.
Allowable Subject Matter
Claims 1, 3, and 5-8 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: none of WO 2019/07001 A1, WO 2020/071534 A1, or WO 2021/141107 A1 suggest a true strain of 0.2 and when the work-hardening exponent reaches a maximum as claimed.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. World Auto Steel teaches dual phase (DP) steel has a higher n-value at lower strain level (page 3). WO 2019/112152 A1, based on the machine translation, teaches an austenitic stainless steel [0002] with the work hardening index value at a true strain of 0.3 [0021].
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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