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
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Claim Objections
Claims 1 and 5 are objected to because of the following informalities:
Claim 1: “weighing titanium sponge” in line 3 should read “weighing a titanium sponge”
Claim 5: “mode, when” in line 4 should read “mode, and when”
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 1-6 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 1 recites the limitation "element Al" in line 1. The limitation is indefinite as it is unclear how “Al” is further limited by the term “element” (e.g., merely emphasizing the compositional uniformity of the Al within the alloy is increased, or the Al is in a distinct phase from the titanium).
Claim 1 recites the limitation "required intermediate alloy" in line 3. The limitation is indefinite as it is unclear how “intermediate alloy” is further limited by the term “required” (e.g., merely emphasizing the intermediate alloy is always used, or “required” further specifies a specific composition of the alloy).
Claim 1 recites the limitation "each blending unit" in lines 4 and 5. There is insufficient antecedent basis for this limitation in the claim.
Claim 1 recites the limitation "the raw materials" in line 5. There is insufficient antecedent basis for this limitation in the claim.
Claim 1 recites the acronym "EB" in lines 2 and 19. The term “EB” is not defined by the instant claims nor does the term have a single understood meaning in the art. Claims 2-6 are rejected for the same reason.
Claim 1 recites the limitation "adding… in each blending unit into a blender" in lines 5-6. The limitation is indefinite as it is unclear whether “blending unit” and “blender” refer to the same apparatus where the claim requires that weighing out of titanium sponge and intermediate alloy and mixing occur in the same apparatus, or if the “blending unit” and “blender” are separate apparatuses and the operations occur in separate apparatuses.
Claim 1 recites the limitations "pressing… into a briquette with a set shape on a hydraulic oil press" and “wherein the briquette comprises a Z-shaped briquette body” in lines 9 and 10. The limitation is indefinite as it is unclear how the briquettes are actually formed to have a Z-shaped briquette body (e.g., the set shape is a Z-shaped briquette body, and the hydraulic oil press comprises such a shape; the set shape and hydraulic oil press have no relation to the Z-shaped body and the Z-shaped body is formed by another step such as by hand or using a different press).
A broad range or limitation together with a narrow range or limitation that falls within the broad range or limitation (in the same claim) may be considered indefinite if the resulting claim does not clearly set forth the metes and bounds of the patent protection desired. See MPEP § 2173.05(c). In the present instance, claim 1 recites the broad recitation for no less than 250 s, and the claim also recites for no less than 350 s which is the narrower statement of the range/limitation. The claims are considered indefinite because there is a question or doubt as to whether the feature introduced by such narrower language is (a) merely exemplary of the remainder of the claim, and therefore not required, or (b) a required feature of the claims.
Claim 1 recites the limitation "attaching the upper convex portion to the upper concave portion" in line 14. The limitation is indefinite as it is unclear if the upper convex portion and upper concave portion of the same briquette are attached, or if the upper convex and upper concave portions of two different briquettes respectively are attached.
Claim 1 recites the limitation "EB melting a front end of the electrode rod material moving forward at a constant speed in an automated horizontal feeding mode" in lines 19-20. The limitation is indefinite as there is no prior mention of the electrode rod material moving forward at a constant speed in an automated horizontal feeding mode in the claim, making unclear when such a process occurs and whether such is a required or optional limitation of the method.
The term “quickly” in claim 1 at line 21 is a relative term which renders the claim indefinite. The term “quickly” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention, making unclear the rate at which the melted electrode rod material is pushed.
Claim 1 recites the limitation "needs to be switched" in line 22. The limitation is indefinite as it is unclear if the switching is actually performed, or if the claim is merely describing a need e.g., supplemental to the limitations of the method but not actually performed in the claimed method.
Claim 1 recites the limitation "the automated horizontal feeding mode" in lines 24-25. There is insufficient antecedent basis for this limitation in the claim.
Claim 1 recites the limitation "repeating this operation" in lines 25-26. The limitation is indefinite as “this operation” is indefinite with respect to which steps comprise the “operation” (e.g., all of step 7, all of steps 1-7, only quickly pushing, only resuming the melting, etc.).
Claim 1 recites the limitation "when the electrode rod material needs to be switched" and “until the melting is completed” in lines 25-26. The limitation is indefinite as it is unclear how it is determined when the electrode rod material needs to be switched or when melting is completed, making indefinite the duration of performing the method step and the conditions required to perform the method.
Claim 1 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being incomplete for omitting essential steps, such omission amounting to a gap between the steps. See MPEP § 2172.01. The omitted steps are those of increasing the compositional uniformity of Al in a titanium-alloy EB ingot, as there is no mention of an EB ingot being present, formed, or having its uniformity increased anywhere in steps 1-7 of claim 1.
Claim 4 recites the limitation "can form a staggered fit" in line 3. The limitation is indefinite as it is unclear if briquettes are actually attached in a staggered fit, or merely are capable of doing so and are not actually required to be arranged so in the method.
Claim 4 recites the limitation "the upper convex portion and the upper concave portion" in lines 3-4 and 4-5. The limitation is indefinite as it is unclear if the upper convex portion and upper concave portion of the same briquette are attached, or if the upper convex and upper concave portions of two different briquettes respectively are attached.
A broad range or limitation together with a narrow range or limitation that falls within the broad range or limitation (in the same claim) may be considered indefinite if the resulting claim does not clearly set forth the metes and bounds of the patent protection desired. See MPEP § 2173.05(c). In the present instance, claim 4 recites the broad recitation for no less than 3, and the claim also recites for no less than 4 which is the narrower statement of the range/limitation. The claims are considered indefinite because there is a question or doubt as to whether the feature introduced by such narrower language is (a) merely exemplary of the remainder of the claim, and therefore not required, or (b) a required feature of the claims.
Claim 5 recites the limitation "the constant speed" in line 3. There is insufficient antecedent basis for this limitation in the claim.
Claim 5 recites the limitation "the molten titanium" in line 6. While claim 5 discloses melting electrode rod material, there is insufficient antecedent basis for molten titanium in the claim.
Claims dependent upon claims rejected above, either directly or indirectly, are likewise rejected under this statute.
Allowable Subject Matter
Claim 1 would be allowable if rewritten or amended to overcome the rejections under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action.
Claims 2-6 would be allowable if rewritten to overcome the rejections under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter:
The closest identified prior art of record is Zhang (CN 108239710 A, original document and machine translation supplied with IDS filed 01/24/2024), Rong et al. (CN 111036829 B, original document and machine translation supplied herein), Schlienger et al. (“Melting Systems For Production Of Titanium Ingots And Castings”, supplied herein), and Choo et al.(US 20160069615 A1).
Regarding claim 1, Zhang teaches a method for increasing compositional uniformity of element Al in a titanium-alloy EB ingot (Title, [0004]) comprising weighing titanium sponge and a required intermediate alloy out in a formulation ratio ([0046], Table 1) to a total weight of 160 kg [0047], which is within the claimed range. Zhang teaches the materials are mixed [0046], which would comprise adding the raw materials weighed out in a blending unit and into a blender to mix uniformly. Zhang teaches pressing the mixed materials into a briquette on a hydraulic oil press [0046], which would comprise transporting the mixed materials in each blending unit from an outlet of the blender to a cavity of a briquetting mold and pressing into briquettes with a set shape. Zhang teaches EB melting [0101], moving forward at a constant speed [0032] and positioning and preheating the material in the feeding chamber through electron beams [0052, 0056] and EB melting the material [0057].
Zhang does not teach mixing for no less than 250-350 s, transporting through a conveyor belt, wherein the briquette comprises a Z-shaped briquette body where a top portion of a front end of the briquette body protrudes outward to form an upper convex portion, a top portion of a rear end of the briquette body is recessed inwardly to form an upper concave portion matching the upper convex portion, wherein two adjacent briquette bodies can form a staggered fit together by attaching the upper convex portion to the upper concave portion, arranging a plurality of briquettes pressed in step 3 in sequence in a length direction to obtain an electrode rod material, melting in an automated horizontal feeding mode, pushing an electrode rod, or repeating this operation when the electrode rod material needs to be switched until the melting is completed.
Rong teaches a method for controlling the hydrogen content of β-titanium alloy wire (Title). Rong teaches arranging a plurality of titanium alloy briquettes in a length direction to obtain an electrode rod material [n0024, n0049]. Rong teaches feeding the electrode rod material obtained into a feeding chamber [n0024-n0025, n0049],
Rong does not teach mixing for no less than 250-350 s, transporting through a conveyor belt, wherein the briquette comprises a Z-shaped briquette body where a top portion of a front end of the briquette body protrudes outward to form an upper convex portion, a top portion of a rear end of the briquette body is recessed inwardly to form an upper concave portion matching the upper convex portion, wherein two adjacent briquette bodies can form a staggered fit together by attaching the upper convex portion to the upper concave portion, melting in an automated horizontal feeding mode, pushing an electrode rod, or repeating this operation when the electrode rod material needs to be switched until the melting is completed.
Schlienger teaches a melting systems for production of titanium ingots and castings (Title), wherein briquettes for forming an electrode for melting titanium into ingots (pg. 16 paragraph 2) may be in the form of a full round interlock (Fig. 1), which has a top portion of a front end of the briquette body which protrudes outward to form an upper convex portion, and a top portion of a rear end of the briquette body is recessed inwardly to form an upper concave portion matching the upper convex portion, wherein two adjacent briquette bodies can form a staggered fit together by attaching the upper convex portion to the upper concave portion (as the compacts interlock).
Schlienger does not teach mixing for no less than 250-350 s, transporting through a conveyor belt, wherein the briquette comprises a Z-shaped briquette body, melting in an automated horizontal feeding mode, pushing an electrode rod, or repeating this operation when the electrode rod material needs to be switched until the melting is completed.
Choo teaches a thermal reduction apparatus for metal production (Title), where to-be-reduced materials (analogous to an electrode rod) in a second space 223 of a reducing unit body 221 are moved by being pushed by a pushing rod 252 [0174].
Choo does not teach mixing for no less than 250-350 s, transporting mixed materials to a cavity of a briquetting mold through a conveyor belt, wherein the briquette comprises a Z-shaped briquette body, melting in an automated horizontal feeding mode, pushing, when the electrode rod material is melted to 50-200 mm before a limit position of a pushing rod and needs to be switched to a next electrode rod material, the electrode rod material to the limit position manually to engage the next electrode rod material with a molten end of the electrode rod material, resuming the melting in the automated horizontal feeding mode, or repeating the operation when the electrode rod material needs to be switched until the melting is completed.
Based on the above discussion, the closest prior art, taken singularly or in combination, does not fairly suggest or render obvious a method for increasing compositional uniformity of element Al in a titanium-alloy EB ingot as claimed. As the independent claim is free from prior art rejections, claims 2-6 are also free from prior art rejections due at least to their dependency from claim 1.
Conclusion
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/Keith D. Hendricks/Supervisory Patent Examiner, Art Unit 1733
/NIKOLAS TAKUYA PULLEN/Examiner, Art Unit 1733