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 .
Priority
Applicant’s priority claim to US Provisional 63/316,077 filed March 3, 2022 is acknowledged.
Claim Status
This Office Action is in response to Applicant’s Remarks and Claim Amendments filed May 4, 2026. Applicant’s confirmation of the restriction group and species elections is acknowledged (p. 11 para. 2).
Claims Filing Date
May 4, 2026
Amended
1, 4, 6, 29-37
Cancelled
8-28
Pending
1-7, 29-37
The 9/30/2025 restriction requirement included Group I, dawn to a metal alloy, and Group II, drawn to a medical device. Applicant’s 10/13/2025 response elected Group I, the metal alloy claims, and cancelled the medical device claims.
Information Disclosure Statement
The following Foreign Patent Documents listed on the May 13, 2026 IDS were considered: WO 2014/007959, SU 26388, WO 1993019803, and WO 2000012175.
Withdrawn Claim Objections
The following objections are withdrawn due to claim amendment:
Claims 31 and 34 being substantial duplicates.
Amended claim 34 differs from amended claim 31 in that the alloying agent of claim 34 does not include niobium.
Claims 32 and 35 being substantial duplicates.
Amended claim 35 differs from amended claim 35 in that the alloying agent of claim 35 does not include niobium.
Claims 33 and 36 being substantial duplicates.
Amended claim 36 differs from amended claim 33 in that the alloying agent of claim 36 does not include niobium.
Claim 37 line 3 “incudes”.
Withdrawn Claim Rejections - 35 USC § 112
The following 112(b) rejections are withdrawn due to claim amendment:
Claim 32 line 2 “said rhenium-chromium metal alloy includes…25-50 wt.% Cr” and lines 5-8 “0-0.1 wt.% of secondary materials; said secondary materials are selected from the group consisting of a) metals other than rhenium, bismuth, iridium, molybdenum, niobium, tantalum, vanadium, yttrium, and zirconium, b) carbon, c) oxygen and d) nitrogen”.
Claim 33 line 2 “said rhenium-chromium metal alloy includes…25-50 wt.% Cr” and lines 5-8 “0-0.1 wt.% of secondary materials; said secondary materials are selected from the group consisting of a) metals other than rhenium, bismuth, iridium, molybdenum, niobium, tantalum, vanadium, yttrium, and zirconium, b) carbon, c) oxygen and d) nitrogen”.
Withdrawn Double Patenting Rejections
The following double patenting rejections are withdrawn due to filing and approval of a Terminal Disclaimer on May 4, 2026:
Claims 1-7 and 29-37 over claims 29-36, 41, 43-47 of Application No. 18/577,610
Claims 1-7 and 29-37 over claims 1-6, 9-10, and 16-19 of copending Application No. 19/290,853
Claims 1-7 and 29-37 over claims 1-11, 20, and 21 of copending Application No. 19/393,833
Claims 1-7 and 29-37 over claims 23-26 of copending Application No. 19/401,454
Claims 1-7 and 29-37 over claims 23-29, 36-44 of copending Application No. 19/401,465
Claims 1-7 and 29-37 over claims 43, 56, and 57 of copending Application No. 19/417,497
Claims 1-7 and 29-37 over claims 1-11, 20, and 21 of copending Application No. 17/586,270
Claims 1-7 and 29-37 over claim 47 of copending Application No. 18/222,237
Claims 1-7 and 29-37 over claims 25, 26, 42-44, and 46 of copending Application No. 19/280,294
Response to Remarks filed May 4, 2026
Spitsberg
Applicant’s arguments, see p. 12 para. 5, filed May 4, 2026, with respect to the 35 U.S.C. 102(a)(1) and alternatively 35 U.S.C. 102(a)(2) rejections have been fully considered and are persuasive. The 102(a)(1) and alternate 102(a)(2) rejections of Spitsberg have been withdrawn.
The applicant persuasively argues Spitsberg teaches DB26, which does not contain vanadium (p. 12 para. 5).
Amended claim 1 lines 5-12 recite “a weight percent of alloying agent in said rhenium-chromium metal alloy is 0.1-25 wt.%;…said alloying agent including vanadium”.
New Grounds
In light of claim amendment and upon further consideration amended claim 1 is rejected under 35 U.S.C. 103 over Spitsberg in view of Kondratov.
The applicant argues there is no suggestion that any modification would perform the required function disclosed by Spitsberg (p. 12 para. 5).
Kondratov discloses adding 1-10 wt% V to a Re alloy increases electrical resistivity for increased thermal stability (STN Abstract). The alloy of Spitsberg requires thermal stability (3:1, 26-27, 36, 41, 4:23, 5:49-52, 6:30-35), such that the addition of vanadium is advantageous. Furthermore, Spitsberg discloses the alloy can further include Ta and/or Nb (5:65-67, Table 1). Kondratov discloses that in Re alloys V, Nb, and Ta are art recognized equivalents that perform the same function of increasing the electrical resistivity range for increased thermal stability (Kondratov STN Abstract). It is prima facie obvious to substitute equivalents known for the same purpose. MPEP 2144.06(II).
For the above cited reasons, the rejection of Spitsberg in view of Kondratov is maintained.
Claim Objection
Claim 36 is objected to because of the following informalities:
The rhenium-chromium alloy requires rhenium, chromium, vanadium, and an alloying agent (lines 2-5) along with secondary materials that exclude rhenium, vanadium, and an alloying agent, but do not exclude chromium (lines 5-8).
Appropriate correction is required.
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 29-36 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 29 line 14 “0.1-25 wt.% vanadium”, lines 14-15 “less than 50 wt.% alloying agent”, and lines 15-18 “said alloying agent includes one or more metals selected from a group consisting of…vanadium…” renders the claim indefinite. It is unclear how the claimed rhenium-chromium alloy requires both 0.1-25 wt.% vanadium and an alloying agent that can be vanadium in an amount of less than 50 wt.%. These two limitations do not overlap from 0 to less than 0.1 wt.% vanadium. It is unclear if and how much vanadium is actually required by claim 29. For the purpose of examination claim 29 will be interpreted as requiring 0.1-25 wt.% vanadium and 0-25 wt.% of an alloying agent, where the required vanadium can satisfy the claimed alloying agent.
Claim 30 lines 2-3 “said rhenium-chromium alloy comprising…vanadium”, lines 5-6 “a weight percent of said vanadium…is 0.1-25 wt.%”, lines 6-7 “weight percent of alloying agent…is 0-25 wt.%”, and lines 8-11 “said alloying agent including one or more metals selected from a group consisting of…vanadium…” renders the claim indefinite. It is unclear how the claimed rhenium-chromium alloy requires both 0.1-25 wt.% vanadium and an alloying agent that can be vanadium in an amount of 0-25 wt.%. These two limitations do not overlap from 0 to less than 0.1 wt.% vanadium. It is unclear if and how much vanadium is actually required by claim 30. For the purpose of examination claim 30 will be interpreted as requiring 0.1-25 wt.% vanadium and less than 50 wt.% of an alloying agent, where the required vanadium can satisfy the claimed alloying agent.
Claims 31-36 are rejected as depending from claim 30.
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 1-6 and 29-36 are rejected under 35 U.S.C. 103 as being unpatentable over Spitsberg (US 6,306,524) in view of Kondratov (SU 533661 STN Abstract and Composition).
Regarding claim 1, Spitsberg discloses a rhenium-chromium metal alloy comprising rhenium and chromium (Table 1 Alloy DB26); and
wherein A) a weight percent of said rhenium in said rhenium-chromium metal alloy is at least 50 wt.% (65.9 wt%); a weight percent of said chromium in said rhenium-chromium metal alloy is at least 25 wt.% and no more than 50 wt.% (34.1 wt%); a combined weight percent of said rhenium and said chromium is at least 75 wt.% of said rhenium- chromium metal alloy (35 at% Re-65 at% Cr alloy); a weight percent of said rhenium (65.9 wt%) in said rhenium-chromium metal alloy is greater than a weight percent of said chromium (34.1 wt%) in said rhenium-chromium metal alloy (35 at% Re-65 at% Cr alloy) (Table 1 Alloy DB26), or
B) a weight percent of said rhenium in said rhenium-chromium metal alloy is less than 50 wt.%; said rhenium- chromium metal alloy includes 0.1-50 wt.% alloying agent; said alloying agent including vanadium; a weight percent of said chromium in said rhenium-chromium metal alloy is at least 25 wt.%; a combined weight percent of said rhenium and said chromium is at least 50 wt.% of said rhenium-chromium metal alloy.
The Table 1 Alloy DB26 of Spitsberg is silent to a weight percent of alloying agent in said rhenium-chromium metal alloy is 0.1-25 wt.% and said alloying agent including vanadium.
Kondratov discloses a rhenium (Re) metal alloy (STN Abstract), wherein said alloying agent constitutes 0.1-25 wt.% (1-10 wt%) of said rhenium-chromium metal alloy; said alloying agent including vanadium (STN Abstract).
It would have been obvious to one of ordinary skill in the art in the Table 1 Alloy DB26 Re-Cr alloy of Spitsberg to add 1-10 wt% vanadium to increase the electrical resistivity range for increased thermal stability (Kondratov STN Abstract).
The limitation of the rhenium-chromium metal alloy being “used to partially or fully form a medical device” has been considered and determined to recite the purpose or intended use that does not result in a structural difference between the claimed “rhenium-chromium metal alloy” and the alloy disclosed by the prior art. A prior art structure (rhenium-chromium metal alloy) which is capable of performing the intended use as recited in the preamble meets the claim. MPEP 2111.02(II). The prior art renders obvious the claimed rhenium-chromium metal alloy (Spitsberg Table 1 Alloy DB; Kondratov STN Abstract), such that it meets the claim.
Regarding claim 2, Spitsberg discloses said weight percent of rhenium in said rhenium-chromium metal alloy is at least 60 wt.% (65.9 wt%) and said weight percent of said chromium in said rhenium-chromium metal alloy is at least 30 wt.% (34.1 wt%) (35 at% Re-65 at% Cr alloy) (Table 1 Alloy DB26).
Regarding claim 3, Spitsberg discloses said weight percent of rhenium in said rhenium-chromium metal alloy is at least 64 wt.% (65.9 wt%) and said weight percent of said chromium in said rhenium-chromium metal alloy is at least 32.5 wt.% (34.1 wt%) (35 at% Re-65 at% Cr alloy) (Table 1 Alloy DB26).
Regarding claim 4, Spitsberg in view of Kondratov discloses said alloying agent further includes one or more secondary metals selected from a group consisting of molybdenum, bismuth, niobium, tantalum, titanium, tungsten, manganese, zirconium, technetium, ruthenium, rhodium, hafnium, osmium, copper, yttrium, zirconium, and iridium (niobium and/or tantalum) (Spitsberg 5:65-67, Table 1; Kondratov STN Abstract).
Regarding claim 5, Spitsberg in view of Kondratov discloses said alloying agent constitutes 0.1-5 wt.% of said rhenium-chromium metal alloy (1-10 wt%) (Kondratov STN Abstract). 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 6, Spitsberg discloses said rhenium-chromium metal alloy includes 0-0.1 wt.% impurities (0 wt%) (35 at% Re-65 at% Cr alloy) (Table 1 Alloy DB26).
Spitsberg also discloses said rhenium-chromium metal alloy includes 0-0.1 wt.% impurities; said impurities are a) metals other than said rhenium, said chromium, vanadium, and said secondary metal, b) carbon, c) oxygen and d) nitrogen (incidental impurities) (6:30-39, 12:18-50).
Generally, differences in concentration will not support the patentability of subject matter encompassed by the prior art unless there is evidence indicating such concentration is critical. “[W]here the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation.” MPEP 2144.05(II)(A).
Regarding claim 29, Spitsberg discloses a rhenium-chromium metal alloy (Table 1 Alloy DB26);
said rhenium-chromium alloy comprising rhenium and chromium (Table 1 Alloy DB26);
a weight percent of said rhenium in said rhenium-chromium metal alloy is at least 50 wt.% (65.9 wt%) (Table 1 Alloy DB26);
a weight percent of said chromium in said rhenium-chromium metal alloy is at least 25 wt.% and no more than 50 wt.% (34.1 wt%) (Table 1 Alloy DB26);
a weight percent of alloying agent in said rhenium-chromium metal alloy is 0-25 wt.% (0 wt%) (Table 1 Alloy DB26);
a combined weight percent of said rhenium and said chromium is at least 75 wt.% of said rhenium-chromium metal alloy (35 at% Re-65 at% Cr alloy) (Table 1 Alloy DB26);
said alloying agent including one or more metals selected from a group consisting of bismuth, niobium, tantalum, titanium, vanadium, tungsten, manganese, zirconium, technetium, ruthenium, rhodium, hafnium, osmium, copper, yttrium, zirconium, and iridium (Table 1 Alloy DB26).
Spitsberg is silent to said rhenium-chromium alloy comprising vanadium; a weight percent of said vanadium in said rhenium-chromium metal alloy is 0.1-25 wt.%.
Kondratov discloses a rhenium (Re) metal alloy (STN Abstract) comprising vanadium; a weight percent of said vanadium in said rhenium-chromium metal alloy is 0.1-25 wt.% (1-10 wt%) (STN Abstract).
It would have been obvious to one of ordinary skill in the art in the Re-Cr alloy of Spitsberg to add 1-10 wt% vanadium to increase the electrical resistivity range for increased thermal stability (Kondratov STN Abstract).
The limitation of the rhenium-chromium metal alloy being “used to partially or fully form a medical device” has been considered and determined to recite the purpose or intended use that does not result in a structural difference between the claimed “rhenium-chromium metal alloy” and the alloy disclosed by the prior art. A prior art structure (rhenium-chromium metal alloy) which is capable of performing the intended use as recited in the preamble meets the claim. MPEP 2111.02(II). The prior art renders obvious the claimed rhenium-chromium metal alloy (Spitsberg Table 1 Alloy DB; Kondratov STN Abstract), such that it meets the claim.
Regarding claim 30, Spitsberg discloses a rhenium-chromium metal alloy comprising rhenium and chromium (Table 1 Alloy DB26) said rhenium-chromium metal alloy comprises
A) at least 50 wt.% of said rhenium (65.9 wt%); at least 25 wt.% of said chromium and no more than 50 wt.% chromium (34.1 wt%); and less than 25 wt.% alloying agent (0 wt%); a combined weight percent of said rhenium and said chromium is at least 75 wt.% of said rhenium-chromium metal alloy (100 wt%); a weight percent of said rhenium (65.9 wt%) in said rhenium- chromium metal alloy is greater than a weight percent of said chromium (34.1 wt%) in said rhenium-chromium metal alloy; said alloying agent includes one or more metals selected from a group consisting of molybdenum, bismuth, niobium, tantalum, titanium, tungsten, manganese, zirconium, technetium, ruthenium, rhodium, hafnium, osmium, copper, yttrium, zirconium, and iridium(35 at% Re-65 at% Cr alloy) (Table 1 Alloy DB26), or
B) at least 30 wt.% of said rhenium and less than 50 wt.% of said rhenium; 0.1-25 wt.% vanadium, and less than 50 wt.% alloying agent; said alloying agent includes one or more metals selected from a group consisting of molybdenum, bismuth, niobium, tantalum, titanium, vanadium, tungsten, manganese, zirconium, technetium, ruthenium, rhodium, hafnium, osmium, copper, yttrium, zirconium, and iridium; a weight percent of said chromium in said rhenium-chromium metal alloy is at least 25 wt.%; a combined weight percent of said rhenium and said chromium is at least 50 wt.% of said rhenium-chromium metal alloy.
Spitsberg is silent to 0.1-25 wt.% vanadium.
Kondratov discloses a rhenium (Re) metal alloy (STN Abstract) comprising vanadium; a weight percent of said vanadium in said rhenium-chromium metal alloy is 0.1-25 wt.% (1-10 wt%) (STN Abstract).
It would have been obvious to one of ordinary skill in the art in the Re-Cr alloy of Spitsberg to add 1-10 wt% vanadium to increase the electrical resistivity range for increased thermal stability (Kondratov STN Abstract).
The limitations of the rhenium-chromium metal alloy being formed from a sintering process and an isostatic pressing process; an average particle size of metal particles used to form said rhenium-chromium metal alloy is less than about 150 microns; and said metal particles having a purity of at least 99% have been considered and determined to recite a product-by-process limitation. The prior art discloses a rhenium-chromium metal alloy (Spitsberg Table 1 Alloy DB26; Kondratov STN Abstract) that renders obvious that of claim 30.
“Determination of patentability is based on the product itself. The patentability of a product does not depend on its method of production. If the product in the product-by-process claim is the same as or obvious from a product of the prior art, then claim is unpatentable even though the prior product was made by a different process.” MPEP 2113(I).
The limitation of the rhenium-chromium metal alloy being “used to partially or fully form a medical device” has been considered and determined to recite the purpose or intended use that does not result in a structural difference between the claimed “rhenium-chromium metal alloy” and the alloy disclosed by the prior art. A prior art structure (rhenium-chromium metal alloy) which is capable of performing the intended use as recited in the preamble meets the claim. MPEP 2111.02(II). The prior art renders obvious the claimed rhenium-chromium metal alloy (Spitsberg Table 1 Alloy DB; Kondratov STN Abstract), such that it meets the claim.
Regarding claim 31, Spitsberg in view of Kondratov discloses said rhenium-chromium metal alloy includes 50-75 wt.% rhenium (65.9 wt%), 25-50 wt.% Cr (34.1 wt%) (35 at% Re-65 at% Cr alloy) (Spitsberg Table 1 Alloy DB26), 0.1-25 wt.% vanadium (1-10 wt%) (Kondratov STN Abstract), and 0.5-25 wt.% of said alloying agent; said alloying agent includes one or more metals selected from the group consisting of bismuth, iridium, manganese, molybdenum, niobium, tantalum, titanium, tungsten, yttrium, and zirconium (niobium and/or tantalum) (Spitsberg 5:65-67, Table 1; Kondratov STN Abstract).
Regarding claim 32, Spitsberg in view of Kondratov discloses said rhenium-chromium metal alloy includes 50-75 wt.% rhenium (65.9 wt%), 25-50 wt.% Cr (34.1 wt%) (Spitsberg Table 1 Alloy DB26), 0.1-25 wt.% vanadium, and 0.5-25 wt.% of said alloying agent; said alloying agent includes one or more metals selected from the group consisting of bismuth, iridium, molybdenum, niobium, tantalum, yttrium, and zirconium (1-10 wt% vanadium and niobium and/or tantalum) (Kondratov STN Abstract); said metal alloy includes 0-0.1 wt.% of secondary materials; said secondary materials are selected from the group consisting of a) metals other than rhenium, chromium, bismuth, iridium, molybdenum, niobium, tantalum, vanadium, yttrium, and zirconium, b) carbon, c) oxygen and d) nitrogen (35 at% Re-65 at% Cr alloy with 1-10 wt% vanadium and niobium and/or tantalum) (Spitsberg Table 1 DB26; Kondratov STN Abstract).
Regarding claim 33, Spitsberg in view of Kondratov discloses said rhenium-chromium metal alloy includes 55-75 wt.% rhenium (65.9 wt%), 25-45 wt.% Cr (34.1 wt%) (Spitsberg Table 1 DB26), 0.1-25 wt.% vanadium, and 0.5-25 wt.% of said alloying agent; said alloying agent includes one or more metals selected from the group consisting of bismuth, iridium, molybdenum, niobium, tantalum, yttrium, and zirconium (1-10 wt% vanadium and niobium and/or tantalum) (Kondratov STN Abstract); and said metal alloy includes 0-0.1 wt.% of secondary materials (0 wt%); said secondary materials are selected from the group consisting of a) metals other than rhenium, chromium bismuth, iridium, molybdenum, niobium, tantalum, vanadium, yttrium, and zirconium, b) carbon, c) oxygen and d) nitrogen (35 at% Re-65 at% Cr alloy with 1-10 wt% vanadium and niobium and/or tantalum) (Spitsberg Table 1 Alloy DB26; Kondratov STN Abstract).
Regarding claim 34, Spitsberg in view of Kondratov discloses said rhenium-chromium metal alloy includes 50-75 wt.% rhenium (64.9 wt%), 25-50 wt.% Cr (34.1 wt%) (35 at% Re-65 at% Cr alloy) (Spitsberg Table 1 Alloy DB26), 0.1-25 wt.% vanadium, and 0.5-25 wt.% of said alloying agent; said alloying agent includes one or more metals selected from the group consisting of bismuth, iridium, manganese, molybdenum, tantalum, titanium, tungsten, yttrium, and zirconium (1-10 wt% vanadium and tantalum) (Kondratov STN Abstract).
Regarding claim 35, Spitsberg in view of Kondratov discloses said rhenium-chromium metal alloy includes 50-75 wt.% rhenium (65.9 wt%), 25-50 wt.% Cr (34.1 wt%) (Spitsberg Table 1 Alloy DB26), 0.1-25 wt.% vanadium, and 0.5-25 wt.% of said alloying agent; said alloying agent includes one or more metals selected from the group consisting of bismuth, iridium, molybdenum, tantalum, yttrium, and zirconium (1-10 wt% vanadium and tantalum) (Kondratov STN Abstract); and said metal alloy includes 0-0.1 wt.% of secondary materials (0 wt%); said secondary materials are selected from the group consisting of a) metals other than rhenium, bismuth, iridium, molybdenum, niobium, tantalum, vanadium, yttrium, and zirconium, b) carbon, c) oxygen and d) nitrogen (35 at% Re-65 at% Cr alloy with 1-10 wt% vanadium and tantalum) (Spitsberg Table 1 Alloy DB26; Kondratov STN Abstract).
Regarding claim 36, Spitsberg in view of Kondratov discloses said rhenium-chromium metal alloy includes 55-75 wt.% rhenium (64.9 wt%), 25-45 wt.% Cr (34.1 wt%) (Spitsberg Table 1 Alloy DB26), 0.1-25 wt.% vanadium, and 0.5-25 wt.% of said alloying agent; said alloying agent includes one or more metals selected from the group consisting of bismuth, iridium, molybdenum, tantalum, yttrium, and zirconium (1-10 wt% vanadium and tantalum) (Kondratov STN Abstract); and said metal alloy includes 0-0.1 wt.% of secondary materials (0 wt%); said secondary materials are selected from the group consisting of a) metals other than rhenium, bismuth, iridium, molybdenum, tantalum, vanadium, yttrium, and zirconium, b) carbon, c) oxygen and d) nitrogen (35 at% Re-65 at% Cr alloy with 1-10 wt% vanadium and tantalum) (Spitsberg Table 1 Alloy DB26; Kondratov STN Abstract).
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Spitsberg (US 6,306,524) in view of Kondratov (SU 533661 STN Abstract and Composition) as applied to claim 1 above, and further in view of Roth (WO 2015/199816 with citations from US 2017/0216494).
Regarding claim 7, Spitsberg is silent to said rhenium-chromium metal alloy having a controlled amount of nitrogen, oxygen, and carbon to reduce micro-cracking in said rhenium-chromium metal alloy.
Roth discloses a rhenium metal alloy ([0002], [0016]) that has a controlled amount of nitrogen, oxygen, and carbon to reduce micro-cracking ([0019]-[0022], [0058]), a nitrogen content is less than a combined content of oxygen and carbon ([0022]), an oxygen to nitrogen atomic ratio of at least about 1.2:1 ([0022]), and a carbon to nitrogen atomic ratio of at least about 2:1 ([0022]).
It would have been obvious to one of ordinary skill in the art in the Re-Cr metal alloy of Spitsberg to control the nitrogen, oxygen, and carbon because carbon and oxygen affect forming properties and brittleness, and controlling them minimizes the tendency to form micro-cracks during formation and/or use and/or expansion (Roth [0019]) and nitrogen in large amounts adversely affects ductility, which affects elongation and can cause an unacceptable decrease leading to forming and/or use problems (Roth [0021]).
Claim 30-36 are rejected under 35 U.S.C. 103 as being unpatentable over Spitsberg (US 6,306,524) in view of, Kondratov (SU 533661 STN Abstract and Composition), Roth (WO 2015/199816 with citations from US 2017/0216494) and James (James. Powder Metallurgy Methods and Applications. ASM Handbook, Volume 7, Powder Metallurgy. Samal and Newkirk, ed. 2015 ASM International. Pp.9-19.).
Regarding claim 30, Spitsberg discloses a rhenium-chromium metal alloy comprising rhenium and chromium (Table 1 Alloy DB26) said rhenium-chromium metal alloy comprises
A) at least 50 wt.% of said rhenium (65.9 wt%); at least 25 wt.% of said chromium and no more than 50 wt.% chromium (34.1 wt%); and less than 25 wt.% alloying agent (0 wt%); a combined weight percent of said rhenium and said chromium is at least 75 wt.% of said rhenium-chromium metal alloy (100 wt%); a weight percent of said rhenium (65.9 wt%) in said rhenium- chromium metal alloy is greater than a weight percent of said chromium (34.1 wt%) in said rhenium-chromium metal alloy; said alloying agent includes one or more metals selected from a group consisting of molybdenum, bismuth, niobium, tantalum, titanium, vanadium, tungsten, manganese, zirconium, technetium, ruthenium, rhodium, hafnium, osmium, copper, yttrium, zirconium, and iridium(35 at% Re-65 at% Cr alloy) (Table 1 Alloy DB26), or
B) at least 30 wt.% of said rhenium and less than 50 wt.% of said rhenium; 0.1-25 wt.% vanadium, and less than 50 wt.% alloying agent; said alloying agent includes one or more metals selected from a group consisting of molybdenum, bismuth, niobium, tantalum, titanium, vanadium, tungsten, manganese, zirconium, technetium, ruthenium, rhodium, hafnium, osmium, copper, yttrium, zirconium, and iridium; a weight percent of said chromium in said rhenium-chromium metal alloy is at least 25 wt.%; a combined weight percent of said rhenium and said chromium is at least 50 wt.% of said rhenium-chromium metal alloy.
Spitsberg is silent to 0.1-25 wt.% vanadium.
Kondratov discloses a rhenium (Re) metal alloy (STN Abstract) comprising vanadium; a weight percent of said vanadium in said rhenium-chromium metal alloy is 0.1-25 wt.% (1-10 wt%) (STN Abstract).
It would have been obvious to one of ordinary skill in the art in the Re-Cr alloy of Spitsberg to add 1-10 wt% vanadium to increase the electrical resistivity range for increased thermal stability (Kondratov STN Abstract).
The limitation of the rhenium-chromium metal alloy being “used to partially or fully form a medical device” has been considered and determined to recite the purpose or intended use that does not result in a structural difference between the claimed “rhenium-chromium metal alloy” and the alloy disclosed by the prior art. A prior art structure (rhenium-chromium metal alloy) which is capable of performing the intended use as recited in the preamble meets the claim. MPEP 2111.02(II). The prior art renders obvious the claimed rhenium-chromium metal alloy (Spitsberg Table 1 Alloy DB; Kondratov STN Abstract), such that it meets the claim.
Spitsberg in view of Kondratov is silent to forming the rhenium-chromium metal alloy from a sintering process and an isostatic pressing process; an average particle size of metal particles used to form said rhenium-chromium metal alloy is less than about 150 microns; and said metal particles having a purity of at least 99%.
Roth discloses a rhenium metal alloy ([0002], [0016]) formed from a sintering process and an isostatic pressing process ([0056]); an average particle size of metal particles used to form is less than about 150 microns (less than about 200 mesh, less than 74 microns) ([0056]); and said metal particles having a purity of at least 99% (99.9%) ([0056]).
It would have been obvious to one of ordinary skill in the art to form the Re-Cr-V alloy of Spitsberg in view of Kondratov using the powder metallurgy process of Roth in order to fabricate near net-shape parts with economic feasibility, uniqueness, and captivity that have high precision with application to refractory (rhenium) metals, where powder fabrication is comparatively an energy efficient process (James p. 9).
Regarding claim 31, Spitsberg in view of Kondratov discloses said rhenium-chromium metal alloy includes 50-75 wt.% rhenium (65.9 wt%), 25-50 wt.% Cr (34.1 wt%) (35 at% Re-65 at% Cr alloy) (Spitsberg Table 1 Alloy DB26), 0.1-25 wt.% vanadium (1-10 wt%) (Kondratov STN Abstract), and 0.5-25 wt.% of said alloying agent; said alloying agent includes one or more metals selected from the group consisting of bismuth, iridium, manganese, molybdenum, niobium, tantalum, titanium, tungsten, yttrium, and zirconium (niobium and/or tantalum) (Spitsberg 5:65-67, Table 1; Kondratov STN Abstract).
Regarding claim 32, Spitsberg in view of Kondratov discloses said rhenium-chromium metal alloy includes 50-75 wt.% rhenium (65.9 wt%), 25-50 wt.% Cr (34.1 wt%) (Spitsberg Table 1 Alloy DB26), 0.1-25 wt.% vanadium, and 0.5-25 wt.% of said alloying agent; said alloying agent includes one or more metals selected from the group consisting of bismuth, iridium, molybdenum, niobium, tantalum, yttrium, and zirconium (1-10 wt% vanadium and niobium and/or tantalum) (Kondratov STN Abstract); said metal alloy includes 0-0.1 wt.% of secondary materials; said secondary materials are selected from the group consisting of a) metals other than rhenium, chromium, bismuth, iridium, molybdenum, niobium, tantalum, vanadium, yttrium, and zirconium, b) carbon, c) oxygen and d) nitrogen (35 at% Re-65 at% Cr alloy with 1-10 wt% vanadium and niobium and/or tantalum) (Spitsberg Table 1 DB26; Kondratov STN Abstract).
Regarding claim 33, Spitsberg in view of Kondratov discloses said rhenium-chromium metal alloy includes 55-75 wt.% rhenium (65.9 wt%), 25-45 wt.% Cr (34.1 wt%) (Spitsberg Table 1 DB26), 0.1-25 wt.% vanadium, and 0.5-25 wt.% of said alloying agent; said alloying agent includes one or more metals selected from the group consisting of bismuth, iridium, molybdenum, niobium, tantalum, yttrium, and zirconium (1-10 wt% vanadium and niobium and/or tantalum) (Kondratov STN Abstract); and said metal alloy includes 0-0.1 wt.% of secondary materials (0 wt%); said secondary materials are selected from the group consisting of a) metals other than rhenium, chromium bismuth, iridium, molybdenum, niobium, tantalum, vanadium, yttrium, and zirconium, b) carbon, c) oxygen and d) nitrogen (35 at% Re-65 at% Cr alloy with 1-10 wt% vanadium and niobium and/or tantalum) (Spitsberg Table 1 Alloy DB26; Kondratov STN Abstract).
Regarding claim 34, Spitsberg in view of Kondratov discloses said rhenium-chromium metal alloy includes 50-75 wt.% rhenium (64.9 wt%), 25-50 wt.% Cr (34.1 wt%) (35 at% Re-65 at% Cr alloy) (Spitsberg Table 1 Alloy DB26), 0.1-25 wt.% vanadium, and 0.5-25 wt.% of said alloying agent; said alloying agent includes one or more metals selected from the group consisting of bismuth, iridium, manganese, molybdenum, tantalum, titanium, tungsten, yttrium, and zirconium (1-10 wt% vanadium and tantalum) (Kondratov STN Abstract).
Regarding claim 35, Spitsberg in view of Kondratov discloses said rhenium-chromium metal alloy includes 50-75 wt.% rhenium (65.9 wt%), 25-50 wt.% Cr (34.1 wt%) (Spitsberg Table 1 Alloy DB26), 0.1-25 wt.% vanadium, and 0.5-25 wt.% of said alloying agent; said alloying agent includes one or more metals selected from the group consisting of bismuth, iridium, molybdenum, tantalum, yttrium, and zirconium (1-10 wt% vanadium and tantalum) (Kondratov STN Abstract); and said metal alloy includes 0-0.1 wt.% of secondary materials (0 wt%); said secondary materials are selected from the group consisting of a) metals other than rhenium, bismuth, iridium, molybdenum, niobium, tantalum, vanadium, yttrium, and zirconium, b) carbon, c) oxygen and d) nitrogen (35 at% Re-65 at% Cr alloy with 1-10 wt% vanadium and tantalum) (Spitsberg Table 1 Alloy DB26; Kondratov STN Abstract).
Regarding claim 36, Spitsberg in view of Kondratov discloses said rhenium-chromium metal alloy includes 55-75 wt.% rhenium (64.9 wt%), 25-45 wt.% Cr (34.1 wt%) (Spitsberg Table 1 Alloy DB26), 0.1-25 wt.% vanadium, and 0.5-25 wt.% of said alloying agent; said alloying agent includes one or more metals selected from the group consisting of bismuth, iridium, molybdenum, tantalum, yttrium, and zirconium (1-10 wt% vanadium and tantalum) (Kondratov STN Abstract); and said metal alloy includes 0-0.1 wt.% of secondary materials (0 wt%); said secondary materials are selected from the group consisting of a) metals other than rhenium, bismuth, iridium, molybdenum, tantalum, vanadium, yttrium, and zirconium, b) carbon, c) oxygen and d) nitrogen (35 at% Re-65 at% Cr alloy with 1-10 wt% vanadium and tantalum) (Spitsberg Table 1 Alloy DB26; Kondratov STN Abstract).
Claim 37 is rejected under 35 U.S.C. 103 as being unpatentable over Spitsberg (US 6,306,524).
Regarding claim 37, Spitsberg discloses a rhenium-chromium metal alloy comprises rhenium and chromium; said rhenium-chromium has a crystalline structure of body-centered cubic (BCC) (12:36-37); said rhenium-chromium metal alloy (Table 1 DB26) includes:
A) at least 50 wt.% of said rhenium (65.9 wt%); at least 25 wt.% of said chromium and no more than 50 wt.% chromium (34.1 wt%); 0-25 wt.% alloying agent (0 wt%); a combined weight percent of said rhenium and said chromium is at least 75 wt.% of said rhenium-chromium metal alloy (100 wt%); a weight percent of said rhenium (65.9 wt%) in said rhenium-chromium metal alloy is greater than a weight percent of said chromium (34.1 wt%) in said rhenium-chromium metal alloy; said alloying agent includes one or more metals selected from a group consisting of molybdenum, bismuth, niobium, tantalum, titanium, vanadium, tungsten, manganese, zirconium, technetium, ruthenium, rhodium, hafnium, osmium, copper, yttrium, zirconium, and iridium (35 at% Re-65 at% Cr alloy) (Table 1 Alloy DB26); or
B) less than 50 wt.% of said rhenium; 0.1-50 wt.% alloying agent; said alloying agent includes one or more metals selected from a group consisting of molybdenum, bismuth, niobium, tantalum, titanium, vanadium, tungsten, manganese, zirconium, technetium, ruthenium, rhodium, hafnium, osmium, copper, yttrium, zirconium, and iridium; a weight percent of said chromium in said rhenium-chromium metal alloy is at least 25 wt.% and no more than 50 wt.%; a combined weight percent of said rhenium and said chromium is at least 50 wt.% of said rhenium-chromium metal alloy; or
C) 50-75 wt.% rhenium, 25-50 wt.% Cr, and 0.5-25 wt.% of said alloying agent; said alloying agent includes one or more metals selected from the group consisting of bismuth, iridium, manganese, molybdenum, niobium, tantalum, vanadium, titanium, tungsten, yttrium, and zirconium; or
D) 50-75 wt.% rhenium, 25-50 wt.% Cr, and 0.5-25 wt.% of said alloying agent; said alloying agent includes one or more metals selected from the group consisting of bismuth, iridium, molybdenum, niobium, tantalum, vanadium, yttrium, and zirconium; and said metal alloy includes 0-0.1 wt.% of secondary materials; said secondary materials are selected from the group consisting of a) metals other than rhenium, bismuth, iridium, molybdenum, niobium, tantalum, vanadium, yttrium, and zirconium, b) carbon, c) oxygen and d) nitrogen; or
E) 55-75 wt.% rhenium, 25-45 wt.% Cr, and 0.5-25 wt.% of said alloying agent; said alloying agent includes one or more metals selected from the group consisting of bismuth, iridium, molybdenum, niobium, tantalum, vanadium, yttrium, and zirconium; and said metal alloy includes 0-0.1 wt.% of secondary materials; said secondary materials are selected from the group consisting of a) metals other than rhenium, bismuth, iridium, molybdenum, niobium, tantalum, vanadium, yttrium, and zirconium, b) carbon, c) oxygen and d) nitrogen; or
F) 50-75 wt.% rhenium, 25-50 wt.% Cr, and 0.5-25 wt.% of said alloying agent; said alloying agent includes one or more metals selected from the group consisting of bismuth, iridium, manganese, molybdenum, niobium, tantalum, vanadium, titanium, tungsten, yttrium, and Page 8 of 10 zirconium; or
G) 50-75 wt.% rhenium, 25-50 wt.% Cr, and 0.5-25 wt.% of said alloying agent; said alloying agent includes one or more metals selected from the group consisting of bismuth, iridium, molybdenum, niobium, tantalum, vanadium, yttrium, and zirconium; and said metal alloy includes 0-0.1 wt.% of secondary materials; said secondary materials are selected from the group consisting of a) metals other than rhenium, bismuth, iridium, molybdenum, niobium, tantalum, vanadium, yttrium, and zirconium, b) carbon, c) oxygen and d) nitrogen; or
H) 55-75 wt.% rhenium, 25-45 wt.% Cr, and 0.5-25 wt.% of said alloying agent; said alloying agent includes one or more metals selected from the group consisting of bismuth, iridium, molybdenum, niobium, tantalum, vanadium, yttrium, and zirconium; and said metal alloy includes 0-0.1 wt.% of secondary materials; said secondary materials are selected from the group consisting of a) metals other than rhenium, bismuth, iridium, molybdenum, niobium, tantalum, vanadium, yttrium, and zirconium, b) carbon, c) oxygen and d) nitrogen.
Related Art
Pisarenko (Pisarenko et al. Study of development of modified cast alloys of the Cr-Re-La system. Protsessy Lit’ya (2003), (4), 82-87. STN Abstract and Composition.)
Pisarenko discloses a Cr-18 (at%) Re-0.4 wt% Y alloy in which small quantities of interstitial impurities of C (carbon), O2 (oxygen), and N2 (nitrogen) drastically affect the fracture mechanism, such that additional zone refining of the Cr-Re alloys increases plasticity characteristics (STN Abstract).
Saito (Saito et al. Experimental Determination of Isothermal Section at 1500°C in the Ternary Re-Cr-Nb System. J. Japan Inst. Met. Mater. Vol. 77, No. 10 (2013), pp. 424-429.)
Saito investigates the phases in a ternary Re-Cr-Nb composition (Abstract, Table 1).
Smol’yaninova (Smol’yaninova et al. Structure and superconducting properties of a molybdenum-rhenium alloy doped with vanadium or niobium. Vestsi Akademii Navuk BSSR, Seryya Fizika-Matematychnykh Navuk (1979), (4), 106-9. STN Abstract and Composition.)
Smol’yaninova discloses a Mo-50 wt% Re-M alloy, where M is ≤ 10 at% of V or Nb (STN Abstract).
Wang (Wang et al. Experimental investigation and thermodynamic assessment of phase equilibria in the Cr-Re-Ru ternary system. CALPHAD: Computer Coupling of Phase Diagrams and Thermochemistry 74 (2021) 102289.)
Wang discloses a Cr-Re-Ru ternary system (Abstract) composition (Tables 3-5).
Gimeno-Fabra (WO 2008/125497 machine translation)
Gimeno-Fabra discloses a high-temperature component ([0001]) of Cr-Re ([0012], [0030], [0052]-[0061], Table 1) manufactured by a powdered starting material ([0013], [0018]-[0019], [0023]) in an additive manufacturing process ([0016]).
Das (US 2008/0166596)
Das discloses a Re-based alloys ([0002]) comprising >50 at% Re ([0024], [0065]) of Re-X-Y with X of V and Y of Cr ([0029], [0048], [0054], [0065]-[0066]).
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.
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/STEPHANI HILL/Examiner, Art Unit 1735
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