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 .
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 submission filed on 10/22/2025 has been entered.
Status of claims
Claims 12-20 have been cancelled; Claims 1 and 3 have been amended; claims 1-11 remain for examination, wherein claim 1 is an independent claim.
Previous Rejections/Objections
Previous rejection of Claims 1-11 under 35 U.S.C. 103 as being unpatentable over Takada et al (JP 2006206934 A, with on-line translation, thereafter JP’934) is withdrawn in view of the Applicant’s “Arguments/Remarks with amendment” filed on 10/22/2025.
Previous rejection of Claim 11 under 35 U.S.C. 103 as being unpatentable over JP’934 in view of Teramoto et al (US-PG-pub 2021/0032733 A1, thereafter PG’733) is withdrawn in view of the Applicant’s “Arguments/Remarks with amendment” filed on 10/22/2025.
In view of the Applicant’s amendments in the instant claims, newly recorded reference(s), and reconsideration, a new ground rejection is listed as following:
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 1-11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Uno Mitsuo et al (JP H09111412 A, with on-line translation, thereafter JP’412).
Regarding claims 1-6, JP’412 teaches a non-heat treated steel having a division fracture surface showing brittle fracture surface, suitably used as a steel for connecting rod (Title, abstract, and examples of JP’412), which reads on the steel material as recited in the instant claims and reads on the limitation of used in a state where heat treatment is not performed (instant cl.2). The comparison between the alloy composition ranges disclosed by the Example #10 in table 2 of JP’412 and those disclosed in the instant claims 1 and 3 are listed in the following table. All of the major alloy composition ranges disclosed by the Example #10 in table 2 of JP’412 are within the claimed ranges as recited in the instant claims 1 and 3. It is noted that the Mn, Cr, V, and Mo amounts in example #10 in table 2 of JP’412 are outside the claimed range. However, JP’412 specify adjusting Mn in range 0.3-2.0wt% (cl.1 and par.[0026] of JP’412); adjusting Cr in range 0.02-1.5wt% (cl.1 and par.[0029] of JP’412); adjusting V in range 0.05-0.50wt% (cl.1 and par.[0030] of JP’412); and adjusting Mo in range 0.01-0.50wt% (cl.2 and par.[0037] of JP’412), which overlap the claimed ranges of Mn, Cr, V, and Mo. Overlapping in Mn, Cr, V, and Mo ranges creates a prima facie case of obviousness. MEPE 2144 05 I. Therefore, it would have been obvious to one of ordinary skill in the art at the time the invention was made to optimize amount of Mn, Cr, V, and Mo as disclosed by JP’412 since JP’412 teaches the same a non-heat treated steel as claimed throughout whole disclosing range and JP’412 specify applying proper amount of Mn, Cr, V, and Mo for improving the properties of the steel. (par.[0026], [0029]-[0030], and [0037] of JP’412).
Regarding the formula (1)-(3) (cl.1 and 4), and formula (4)-(5) (cl.5-6), which are recognized as general formula fully depended on the steel composition ranges. It is well settled that there is no invention in the discovery of a general formula if it covers a composition and dimension described in the prior art. In re Cooper and Foley 1943 C.D.357, 553 O.G.177; 57 USPQ 117, Taklatwalla v. Marburg. 620 O.G.685, 1949 C.D.77, and In re Pilling, 403 O.G.513, 44 F(2) 878, 1931 C.D.75. In the instant case, in the absence of evidence to the contrary, the selection of the proportions of elements ranges from JP’412 in order to meet the claimed equation would appear to require no more than routine investigation by those ordinary skilled in the art. In re Austin, et al., 149 USPQ 685, 688.
Element
From instant Claim 1 (mass%)
From the Example # 10 in table 2 of JP’412 (mass%)
Overlapping range
(mass%)
C
0.3-0.45
0.35
0.35
Si
0.40-1.00
0.81
0.81
Mn
0.60-1.20
0.56
Adjustable: 0.3-2.0
0.56 close to low limit 0.6
Overlapping: 0.6-1.2
Cr
0.30-0.70
0.19
Adjusting: 0.02-1.5
--
Overlapping: 0.30-0.70
V
0.33-0.47
0.25
Adjusting: 0.05-0.5
--
Overlapping: 0.33-0.47
Ti
0.002-0.015
0.012
0.012
P
0.100 or less
0.021
0.021
S
0.065 or less
0.053
0.053
Cu
0.06-0.50
0.19
0.19
Ni
0.07-0.50
0.09
0.09
Nb
0.010 or less
Not intended included
Not intended included
Pb
0.30 or less
0.16
0.16
Bi
0.20 or less
Not intended included
Not intended included
Ca
0.0100 or less
Not intended included
Not intended included
Zr
0.010 or less
Not intended included
Not intended included
Mg
0.010 or less
Not intended included
Not intended included
Te
0.010 or less
Not intended included
Not intended included
Mo
0.10 or less
0.11
Optional: 0.01-0.5
Close to up limit 0.1
Overlapping: 0.01-0.10
Al
0.050 or less
0.033
0.033
N
0.030 or less
Not intended included
Not intended included
Fe
Balance + impurities
Balance and impurities
Balance and impurities
Equation (1)
0.35 or more
General formular
Overlapping compositions
From claim 3
At least one selected from group
Nb: >0-0.010;
Pb: >0-0.30;
Bi: >0-0.20;
Ca: >0-0.010;
Zr: >0-0.010;
Mg: >0-0.50; and
Te: >0-0.010
Pb: 0.16
Pb: 0.16
From claim 4
Equation (3)
P1: 1.04-1.15
General formular
Overlapping compositions
From claims 5-6
P2/P3
1.4 or more
General formular
Overlapping compositions
From claim 11
From #10 in table 5 of JP’412
Within ranges
YS (MPa)
900 or more
917
917
Yield ratio
0.8 or more
0.81
0.81
Regarding claims 7-10, the claimed (V + Ti) precipitates are considered as material features (cl.7-10) fully depended on the alloy composition and manufacturing process. JP’412 provides the similar steel alloy manufactured by the same hot forging process (Abstract, par.[0010], and examples of JP’412) as disclosed in the instant invention. Therefore, the features of the claimed (V + Ti) precipitates (cl.7-10) would be highly expected in the steel of JP’412. MPEP 2112 01 and 2145 II. Actually, JP’412 teaches applying V for strengthening ferrite by precipitation strengthening (par.[0011] of JP’412).
Regarding the claim 11, JP’412 provides properties for the example #10 in table 5 with yield strength 917 MPa and proof stress ratio of 0.81, which reads on the claimed yield ratio and yield strength as claimed in the instant claim.
Response to Arguments
Applicant’s arguments to the art rejection to Claims 1-11 have been considered but they are moot in view of the new ground rejection as stated above.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JIE YANG whose telephone number is (571)270-1884. The examiner can normally be reached on IFP.
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/JIE YANG/Primary Examiner, Art Unit 1734