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.
Response to Restriction Election and Oral Election
Applicant’s election of Group I, drawn to a rhenium-chromium metal alloy, in the reply filed on October 13, 2025 is acknowledged. Because applicant did not distinctly and specifically point out the supposed errors in the restriction requirement, the election has been treated as an election without traverse (MPEP § 818.01(a)).
Applicant’s election of Species I-A, drawn to a rhenium-chromium metal alloy including at least 50 wt% rhenium, at least 25 wt% chromium, and 0-25 wt% of an alloying agent, in the reply filed on November 18, 2025 is acknowledged. Because applicant did not distinctly and specifically point out the supposed errors in the restriction requirement, the election has been treated as an election without traverse (MPEP § 818.01(a)).
During a telephone conversation with Brian Turung (216-583-7098) on January 14, 2026 a provisional election was made without traverse to prosecute the invention of an ultimate alloying agent of vanadium. (See the November 14, 2025 Notice of Non-Compliance.) Affirmation of this election must be made by applicant in replying to this Office action.
Claim Status
This Office Action is in response to Applicant’s Restriction Elections filed October 13, 2025 and November 18, 2025, Applicant’s oral ultimate alloying agent species election made January 14, 2026, and Applicant’s Claims filed November 18, 2025.
Claims Filing Date
November 18, 2025
Cancelled
8-28
Pending
1-7, 29-37
Information Disclosure Statement
The information disclosure statement (IDS) filed May 16, 2024 fails to comply with 37 CFR 1.98(a)(2), which requires a legible copy of each cited foreign patent document; each non-patent literature publication or that portion which caused it to be listed; and all other information or that portion which caused it to be listed. It has been placed in the application file, but the information referred to therein has not been considered.
The IDS filed May 16, 2024 lists Foreign Patent Document No 10, WO 20140079591 published 2014-01-09 with an applicant of Icon Medical Group. This is an improper WO document number. WO 2014/007959 was uploaded May 16, 2024, but was not cited in any of applicant’s IDS’s.
The IDS filed May 16, 2024 lists the following Foreign Patent Documents: No. 24 SU 26388, No. 27 WO 1993019803, and No. 41 WO 2000012175. These foreign patent documents have not been considered because a copy has not been included.
Claim Objections
Claims 31-37 are objected to because of the following informalities:
Claims 31 and 34 are substantial duplicates.
Claims 32 and 35 are substantial duplicates.
Claims 33 and 36 are substantial duplicates.
When two claims in an application are duplicates or else are so close in content that they both cover the same thing, despite a slight difference in wording, it is proper to object. 37 CFR 1.75. MPEP 608.01(m).
Claim 37 line 3 “incudes” appears to be a typographical error.
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 32 and 33 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 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” render the claim indefinite. Is chromium part of the secondary materials of a) since it is a metal other than rhenium, bismuth, iridium, molybdenum, niobium, tantalum, vanadium, yttrium, and zirconium? How can it be within the scope of the claimed rhenium-chromium metal alloy to include both 25-50 wt.% Cr and 0-0.1 wt.% of secondary materials including Cr. Does this alloy for additional Cr as a secondary material, such that up to 50.1 wt.% Cr is within the scope of the claim?
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” render the claim indefinite. Is chromium part of the secondary materials of a) since it is a metal other than rhenium, bismuth, iridium, molybdenum, niobium, tantalum, vanadium, yttrium, and zirconium? How can it be within the scope of the claimed rhenium-chromium metal alloy to include both 25-50 wt.% Cr and 0-0.1 wt.% of secondary materials including Cr. Does this alloy for additional Cr as a secondary material, such that up to 50.1 wt.% Cr is within the scope of the claim?
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-3, 6, 29, and 37 are rejected under 35 U.S.C. 102(a)(1) and, alternatively under 35 U.S.C. 102(a)(2) as being anticipated by Spitsberg (US 6,306,524).
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.% (34.1 wt%); a weight percent of alloying agent in said rhenium-chromium metal alloy is 0-25 wt.% (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 including 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) 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 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.
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 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).
Regarding claim 29, Spitsberg discloses a rhenium-chromium metal alloy comprising rhenium and chromium (Table 1 Alloy DB26); and
wherein 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.% (34.1 wt%); a weight percent of alloying agent in said rhenium-chromium metal alloy is 0-25 wt.% (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%); 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 (35 at% Re-65 at% Cr alloy) (Table 1 Alloy DB26).
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 (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.%; 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; or
I) 0.5-60 atomic weight percent (atw.%) Re and 0.5-70 awt.% chromium; and one or more of molybdenum, tantalum, niobium, titanium and zirconium; a combined atomic weight percent of rhenium and chromium is at least 60 awt.%.
Claim Rejections - 35 USC § 102/103
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 30 are rejected under 35 U.S.C. 102(a)(1) and, alternatively, under 35 U.S.C. 102(a)(2) as anticipated by or, in the alternative, under 35 U.S.C. 103 as obvious over Spitsberg (US 6,306,524).
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 (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.%; a combined weight percent of said rhenium and said chromium is at least 50 wt.% of said rhenium-chromium metal alloy.
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 (Spitsberg) discloses a rhenium-chromium metal alloy (Table 1 Alloy DB26) that anticipates 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).
When the prior art discloses a product which reasonably appears to be either identical with or slightly different than a product claimed in a product-by-process claim, a rejection based alternatively on either section 102 or section 103 of the statute is eminently fair and acceptable. MPEP 2113(III).
Claim Rejections - 35 USC § 103
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Spitsberg (US 6,306,524) as applied to claim 1 above.
Regarding claim 6, Spitsberg discloses said rhenium-chromium metal alloy includes 0-0.1 wt.% impurities (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).
Claims 4 and 5 are rejected under 35 U.S.C. 103 as being unpatentable over Spitsberg (US 6,306,524) as applied to claim 1 above, and further in view of Kondratov (SU 533661 STN Abstract and Composition).
Regarding claim 4, Spitsberg is silent to said alloying agent constitutes 0.1-25 wt.% of said rhenium-chromium metal alloy; said alloying agent including 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.
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 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 (vanadium) (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).
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).
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Spitsberg (US 6,306,524) 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]).
Claims 31-36 are rejected under 35 U.S.C. 103 as being unpatentable over Spitsberg (US 6,306,524) as applied to claim 30 above, and further in view of Kondratov (SU 533661 STN Abstract and Composition).
Regarding claim 31, Spitsberg discloses said rhenium-chromium metal alloy includes 50-75 wt.% rhenium (65.9 wt%) and 25-50 wt.% Cr (34.1 wt%) (35 at% Re-65 at% Cr alloy) (Table 1 Alloy DB26).
Spitsberg is silent to 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.
Kondratov discloses a rhenium (Re) metal alloy (STN Abstract), wherein said alloying agent constitutes 0.5-25 wt.% (1-10 wt%) of said rhenium-chromium metal alloy; said alloying agent including 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 (vanadium) (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).
Regarding claim 32, Spitsberg discloses said rhenium-chromium metal alloy includes 50-75 wt.% rhenium (65.9 wt%), 25-50 wt.% Cr (34.1 wt%), 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) (Table 1 Alloy DB26).
Spitsberg is silent to 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.
Kondratov discloses a rhenium (Re) metal alloy (STN Abstract), wherein said alloying agent constitutes 0.5-25 wt.% (1-10 wt%) of said rhenium-chromium metal alloy; said alloying agent including 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 (vanadium) (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).
Regarding claim 33, Spitsberg discloses said rhenium-chromium metal alloy includes 55-75 wt.% rhenium (65.9 wt%), 25-45 wt.% Cr (34.1 wt%), 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) (Table 1 Alloy DB26).
Spitsberg is silent to 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.
Kondratov discloses a rhenium (Re) metal alloy (STN Abstract), wherein said alloying agent constitutes 0.5-25 wt.% (1-10 wt%) of said rhenium-chromium metal alloy; said alloying agent including 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 (vanadium) (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).
Regarding claim 34, Spitsberg discloses said rhenium-chromium metal alloy includes 50-75 wt.% rhenium (64.9 wt%) and 25-50 wt.% Cr (34.1 wt%) (35 at% Re-65 at% Cr alloy) (Table 1 Alloy DB26).
Spitsberg is silent to 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.
Kondratov discloses a rhenium (Re) metal alloy (STN Abstract), wherein said alloying agent constitutes 0.5-25 wt.% (1-10 wt%) of said rhenium-chromium metal alloy; said alloying agent including 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 (vanadium) (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).
Regarding claim 35, Spitsberg discloses said rhenium-chromium metal alloy includes 50-75 wt.% rhenium (65.9 wt%), 25-50 wt.% Cr (34.1 wt%), 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) (Table 1 Alloy DB26).
Spitsberg is silent to 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.
Kondratov discloses a rhenium (Re) metal alloy (STN Abstract), wherein said alloying agent constitutes 0.5-25 wt.% (1-10 wt%) of said rhenium-chromium metal alloy; said alloying agent including 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 (vanadium) (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).
Regarding claim 36, Spitsberg discloses said rhenium-chromium metal alloy includes 55-75 wt.% rhenium (64.9 wt%), 25-45 wt.% Cr (34.1 wt%), 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) (Table 1 Alloy DB26).
Spitsberg is silent to 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.
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 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 (vanadium) (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).
Claim 30 is rejected under 35 U.S.C. 103 as being unpatentable over Spitsberg (US 6,306,524) in view of 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 (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.%; 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 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 alloy of Spitsberg 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).
Claims 31-36 are rejected under 35 U.S.C. 103 as being unpatentable over Spitsberg (US 6,306,524) in view of 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.) as applied to claim 30 above, and further in view of Kondratov (SU 533661 STN Abstract and Composition).
Regarding claim 31, Spitsberg discloses said rhenium-chromium metal alloy includes 50-75 wt.% rhenium (65.9 wt%) and 25-50 wt.% Cr (34.1 wt%) (35 at% Re-65 at% Cr alloy) (Table 1 Alloy DB26).
Spitsberg is silent to 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.
Kondratov discloses a rhenium (Re) metal alloy (STN Abstract), wherein said alloying agent constitutes 0.5-25 wt.% (1-10 wt%) of said rhenium-chromium metal alloy; said alloying agent including 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 (vanadium) (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).
Regarding claim 32, Spitsberg discloses said rhenium-chromium metal alloy includes 50-75 wt.% rhenium (65.9 wt%), 25-50 wt.% Cr (34.1 wt%), 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) (Table 1 Alloy DB26).
Spitsberg is silent to 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.
Kondratov discloses a rhenium (Re) metal alloy (STN Abstract), wherein said alloying agent constitutes 0.5-25 wt.% (1-10 wt%) of said rhenium-chromium metal alloy; said alloying agent including 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 (vanadium) (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).
Regarding claim 33, Spitsberg discloses said rhenium-chromium metal alloy includes 55-75 wt.% rhenium (65.9 wt%), 25-45 wt.% Cr (34.1 wt%), 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) (Table 1 Alloy DB26).
Spitsberg is silent to 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.
Kondratov discloses a rhenium (Re) metal alloy (STN Abstract), wherein said alloying agent constitutes 0.5-25 wt.% (1-10 wt%) of said rhenium-chromium metal alloy; said alloying agent including 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 (vanadium) (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).
Regarding claim 34, Spitsberg discloses said rhenium-chromium metal alloy includes 50-75 wt.% rhenium (64.9 wt%) and 25-50 wt.% Cr (34.1 wt%) (35 at% Re-65 at% Cr alloy) (Table 1 Alloy DB26).
Spitsberg is silent to 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.
Kondratov discloses a rhenium (Re) metal alloy (STN Abstract), wherein said alloying agent constitutes 0.5-25 wt.% (1-10 wt%) of said rhenium-chromium metal alloy; said alloying agent including 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 (vanadium) (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).
Regarding claim 35, Spitsberg discloses said rhenium-chromium metal alloy includes 50-75 wt.% rhenium (65.9 wt%), 25-50 wt.% Cr (34.1 wt%), 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) (Table 1 Alloy DB26).
Spitsberg is silent to 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.
Kondratov discloses a rhenium (Re) metal alloy (STN Abstract), wherein said alloying agent constitutes 0.5-25 wt.% (1-10 wt%) of said rhenium-chromium metal alloy; said alloying agent including 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 (vanadium) (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).
Regarding claim 36, Spitsberg discloses said rhenium-chromium metal alloy includes 55-75 wt.% rhenium (64.9 wt%), 25-45 wt.% Cr (34.1 wt%), 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) (Table 1 Alloy DB26).
Spitsberg is silent to 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.
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 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 (vanadium) (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).
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1-7 and 29-37 provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 29-36, 41, 43-47 of copending Application No. 18/577,610 (App ‘610) (reference application).
Although the claims at issue are not identical, they are not patentably distinct from each other because App ‘610 in the above cited claims discloses a rhenium-chromium metal alloy that overlaps with that claimed. 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).
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
Claims 1-7 and 29-37 provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-6, 9-10, and 16-19 of copending Application No. 19/290,853 (App ‘853) (reference application).
Although the claims at issue are not identical, they are not patentably distinct from each other because App ‘853 in the above cited claims discloses a rhenium-chromium metal alloy that overlaps with that claimed. 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).
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
Claims 1-7 and 29-37 provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-11, 20, and 21 of copending Application No. 19/393,833 (App ‘833) (reference application).
Although the claims at issue are not identical, they are not patentably distinct from each other because App ‘833 in the above cited claims discloses a rhenium-chromium metal alloy that overlaps with that claimed. 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).
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
Claims 1-7 and 29-37 provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 23-26 of copending Application No. 19/401,454 (App ‘454) (reference application).
Although the claims at issue are not identical, they are not patentably distinct from each other because App ‘454 in the above cited claims discloses a rhenium-chromium metal alloy that overlaps with that claimed. 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).
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
Claims 1-7 and 29-37 provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 23-29, 36-44 of copending Application No. 19/401,465 (App ‘465) (reference application).
Although the claims at issue are not identical, they are not patentably distinct from each other because App ‘465 in the above cited claims discloses a rhenium-chromium metal alloy that overlaps with that claimed. 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).
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
Claims 1-7 and 29-37 provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 43, 56, and 57 of copending Application No. 19/417,497 (App ‘497) (reference application).
Although the claims at issue are not identical, they are not patentably distinct from each other because App ‘497 in the above cited claims discloses a rhenium-chromium metal alloy that overlaps with that claimed. 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).
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
Claims 1-7 and 29-37 provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 43, 56, and 57 of copending Application No. 19/417,497 (App ‘497) (reference application).
Although the claims at issue are not identical, they are not patentably distinct from each other because App ‘497 in the above cited claims discloses a rhenium-chromium metal alloy that overlaps with that claimed. 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).
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
Claims 1-7 and 29-37 provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-11, 20, and 21 of copending Application No. 17/586,270 (App ‘270) (reference application).
Although the claims at issue are not identical, they are not patentably distinct from each other because App ‘270 in the above cited claims discloses a rhenium-chromium metal alloy that overlaps with that claimed. 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).
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
Claims 1-7 and 29-37 provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claim 47 of copending Application No. 18/222,237 (App ‘237) (reference application).
Although the claims at issue are not identical, they are not patentably distinct from each other because App ‘237 in the above cited claims discloses a rhenium-chromium metal alloy that overlaps with that claimed. 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).
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
Claims 1-7 and 29-37 provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 25, 26, 42-44, and 46 of copending Application No. 19/280,294 (App ‘294) (reference application).
Although the claims at issue are not identical, they are not patentably distinct from each other because App ‘294 in the above cited claims discloses a rhenium-chromium metal alloy that overlaps with that claimed. 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).
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
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]).
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/STEPHANI HILL/Examiner, Art Unit 1735