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 .
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 12-31 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 12 recites “and incidental impurities” and it is unclear what elements correspond with the claimed “incidental impurities”. Appropriate correction is required.
Claim 16 recites “high-Mn content steel material”; however, it is submitted that the term “high” is not defined by the claim and 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. Appropriate correction is required.
The remaining claims are rejected for at least the reason of their respective direct and/or indirect dependency from independent claim 12. Appropriate correction is required.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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 12-23 are rejected under 35 U.S.C. 103 as being unpatentable over Han et al. (KR 20150066192)
With regard to claim 12, Han teaches a submerged arc welding wire (Title: “submerged arc welding and gas metal arc welding wire having high strength and superior toughness at ultra-low temperature”) having a composition comprising, by mass %, C: 0.20 to 0.80% (Table 1 - example 1; C: .6), Si: 0.15 to 0.90% (Table 1 - example 1; Si: .8), Mn: 15.0 to 30.0% (Table 1 - example 1; Mn: 20), P: 0.030% or less (Table 1 - example 1; P: .015), S: 0.030% or less (Table 1 - example 1; S: .01), Cr: 6.0 to 15.0% (Table 1 - example 1; Cr: .7), and N: 0.120% or less (Table 1 - example 1; N: .02), the balance being Fe and incidental impurities (“and the balance Fe and other unavoidable impurities are contained in an amount of not more than 0.1% by mass”, pg. 2, ln. 21).
Han does not explicitly teach the exact claimed ranges for the aforementioned chemical elements; however, it is submitted that as the citation teaches values which are overlapping the claimed range values, a case of obviousness exists (see MPEP 2144.05 Obviousness of Similar and Overlapping Ranges, Amounts and Proportions: “I. OVERLAPPING, APPROACHING, AND SIMILAR RANGES, AMOUNTS, AND PROPORTIONS In the case where the claimed ranges “overlap or lie inside ranges disclosed by the prior art” a prima facie case of obviousness exists. In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990)”, and accordingly, it is submitted that it would have been obvious before the effective date of the claimed invention to one of ordinary skill in the art to adapt the claimed ranges of Han as appropriate for the purpose of achieving a joint having high strength and enhanced cryogenic toughness as a matter of routine experimentation and/or since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. In re Aller, 105 USPQ 233.
With regard to claim 13, Han teaches the composition further comprises, by mass %, at least one of following (A) to (C); (A) one or two selected from Ni: 10.00% or less (Table 1 – example 1; Ni: 6) and Mo: 3.50% or less (Table 1 – example 1; Mo: 2), (B) one, or two or more selected from V: 1.0% or less, Ti: 1.0% or less, and Nb: 1.00% or less., (C) one, or two or more selected from Cu: 1.00% or less, Al: 0.100% or less, Ca: 0.010% or less, and REM: 0.020% or less.
With regard to claim 14, Han teaches the wire is a solid wire (“Solid wires for submerged arc welding having a diameter of 4.0 mm as shown in Table 1 below were prepared.“, pg. 3, ln. 40-41) or a flux-cored wire.
With regard to claim 15, Han teaches the wire is a solid wire (“Solid wires for submerged arc welding having a diameter of 4.0 mm as shown in Table 1 below were prepared.“, pg. 3, ln. 40-41) or a flux-cored wire.
With regard to claim 16, Han teaches a method for producing a weld joint (“The present invention having the above-described structure can provide a welded joint having excellent toughness at low temperature and yield strength at room temperature while preventing high temperature cracking during welding while maintaining the welded joint in an austenite phase excellent in toughness even in a cryogenic environment.”, pg. 2, ln. 14-16), comprising submerged arc welding a high-Mn content steel material (“steel sheet contains … 15 to 32” of Mn”, pg. 2, ln. 8) using the submerged arc welding wire described in claim 12 (see correlations above for claim 12).
With regard to claim 17, Han teaches a method for producing a weld joint (“The present invention having the above-described structure can provide a welded joint having excellent toughness at low temperature and yield strength at room temperature while preventing high temperature cracking during welding while maintaining the welded joint in an austenite phase excellent in toughness even in a cryogenic environment.”, pg. 2, ln. 14-16), comprising submerged arc welding a high-Mn content steel material (“steel sheet contains … 15 to 32” of Mn”, pg. 2, ln. 8) using the submerged arc welding wire described in claim 13 (see correlations above for claim 13).
With regard to claim 18, Han teaches a method for producing a weld joint (“The present invention having the above-described structure can provide a welded joint having excellent toughness at low temperature and yield strength at room temperature while preventing high temperature cracking during welding while maintaining the welded joint in an austenite phase excellent in toughness even in a cryogenic environment.”, pg. 2, ln. 14-16), comprising submerged arc welding a high-Mn content steel material (“steel sheet contains … 15 to 32” of Mn”, pg. 2, ln. 8) using the submerged arc welding wire described in claim 14 (see correlations above for claim 14).
With regard to claim 19, Han teaches a method for producing a weld joint (“The present invention having the above-described structure can provide a welded joint having excellent toughness at low temperature and yield strength at room temperature while preventing high temperature cracking during welding while maintaining the welded joint in an austenite phase excellent in toughness even in a cryogenic environment.”, pg. 2, ln. 14-16), comprising submerged arc welding a high-Mn content steel material (“steel sheet contains … 15 to 32” of Mn”, pg. 2, ln. 8) using the submerged arc welding wire described in claim 15 (see correlations above for claim 15).
With regard to claim 20, Han teaches the Mn content, by mass %, in the high-Mn content steel material is 15.0 to 30.0% (“steel sheet contains … 15 to 32” of Mn”, pg. 2, ln. 8).
With regard to claim 21, Han teaches the Mn content, by mass %, in the high-Mn content steel material is 15.0 to 30.0% (“steel sheet contains … 15 to 32” of Mn”, pg. 2, ln. 8).
With regard to claim 22, Han teaches the Mn content, by mass %, in the high-Mn content steel material is 15.0 to 30.0% (“steel sheet contains … 15 to 32” of Mn”, pg. 2, ln. 8).
With regard to claim 23, Han teaches the Mn content, by mass %, in the high-Mn content steel material is 15.0 to 30.0% (“steel sheet contains … 15 to 32” of Mn”, pg. 2, ln. 8).
Claims 24-31 are rejected under 35 U.S.C. 103 as being unpatentable over Han et al. (KR 20150066192) in view of Kim et al. (KR 20150066190).
With regard to claims 24-27, Han teaches the invention as detailed above, and further teaches the high-Mn content steel material (“steel sheet”: “steel sheet contains … 15 to 32” of Mn”, pg. 2, ln. 8) has a composition comprising, by mass %, C: 0.10 to 0.80%, Si: 0.05 to 1.00%, Mn: 15.0 to 30.0%, S: 0.030% or less, Cr: 2.5 to 15.0%, and N: 0.120% or less, the balance being Fe and incidental impurities (“The steel sheet according to any one of claims 1 to 3, wherein the steel sheet contains 0.15 to 0.8% of C, 0.5 to 1.5% of Si, 15 to 32% of Mn, 5.5 to 4.0% of Cr, 1.5 to 3% of Mo, 0.025% or less of S, To a wire for submerged welding and gas metal arc welding excellent in high strength and cryogenic impact toughness including B: 0.01% or less, Ti: 0.05-1.2%, N: 0.005-0.5%, balance Fe and other unavoidable impurities .”, pg. 2, ln. 20-23).
However, Han does not teach the high-Mn content steel material including P: 0.030% or less. However, Kim from the same field of endeavor directed toward a welded joint having high strength and superior toughness at ultra-low temperature teaches the aforementioned limitation: “a welded joint obtained by welding a high-strength high Mn steel for cryogenic temperature, wherein the welded portion comprises …. Strength weld joint which is excellent in cryogenic toughness including: not more than 0.02%....”, pg. 2, ln 10-14.
Therefore, it would have been obvious before the effective date of the claimed invention to one of ordinary skill in the art to modify the device in the Han reference, such that the high-Mn content steel material including P: 0.030% or less, as suggested and taught by Kim, for the purpose of providing a high-strength high MN steel for a cryogenic temperature (Kim: pg. 2, ln. 10-14).
With regard to claim 28, Han teaches the composition of the high-Mn content steel material (“steel sheet”: “steel sheet contains … 15 to 32” of Mn”, pg. 2, ln. 8) further comprises, by mass %, at least one of following (A) to (C); (A) one or two selected from Ni: 10.00% or less and Mo: 3.50% or less., (B) one, or two or more selected from V: 2.0% or less, Ti: 1.0% or less, and Nb: 1.00% or less, (C) one, or two or more selected from Cu: 1.00% or less, Al: 0.100% or less, Ca: 0.010% or less, and REM: 0.020% or less.
With regard to claim 29, Han teaches the composition of the high-Mn content steel material (“steel sheet”: “steel sheet contains … 15 to 32” of Mn”, pg. 2, ln. 8) further comprises, by mass %, at least one of following (A) to (C); (A) one or two selected from Ni: 10.00% or less and Mo: 3.50% or less (“The steel sheet according to any one of claims 1 to 3, wherein the steel sheet contains 0.15 to 0.8% of C, 0.5 to 1.5% of Si, 15 to 32% of Mn, 5.5 to 4.0% of Cr, 1.5 to 3% of Mo, 0.025% or less of S, To a wire for submerged welding and gas metal arc welding excellent in high strength and cryogenic impact toughness including B: 0.01% or less, Ti: 0.05-1.2%, N: 0.005-0.5%, balance Fe and other unavoidable impurities .”, pg. 2, ln. 20-23)., (B) one, or two or more selected from V: 2.0% or less, Ti: 1.0% or less, and Nb: 1.00% or less, (C) one, or two or more selected from Cu: 1.00% or less, Al: 0.100% or less, Ca: 0.010% or less, and REM: 0.020% or less.
With regard to claim 30, Han teaches the composition of the high-Mn content steel material (“steel sheet”: “steel sheet contains … 15 to 32” of Mn”, pg. 2, ln. 8) further comprises, by mass %, at least one of following (A) to (C); (A) one or two selected from Ni: 10.00% or less and Mo: 3.50% or less (“The steel sheet according to any one of claims 1 to 3, wherein the steel sheet contains 0.15 to 0.8% of C, 0.5 to 1.5% of Si, 15 to 32% of Mn, 5.5 to 4.0% of Cr, 1.5 to 3% of Mo, 0.025% or less of S, To a wire for submerged welding and gas metal arc welding excellent in high strength and cryogenic impact toughness including B: 0.01% or less, Ti: 0.05-1.2%, N: 0.005-0.5%, balance Fe and other unavoidable impurities .”, pg. 2, ln. 20-23), (B) one, or two or more selected from V: 2.0% or less, Ti: 1.0% or less, and Nb: 1.00% or less, (C) one, or two or more selected from Cu: 1.00% or less, Al: 0.100% or less, Ca: 0.010% or less, and REM: 0.020% or less.
With regard to claim 31, Han teaches the composition of the high-Mn content steel material (“steel sheet”: “steel sheet contains … 15 to 32” of Mn”, pg. 2, ln. 8) further comprises, by mass %, at least one of following (A) to (C); (A) one or two selected from Ni: 10.00% or less and Mo: 3.50% or less (“The steel sheet according to any one of claims 1 to 3, wherein the steel sheet contains 0.15 to 0.8% of C, 0.5 to 1.5% of Si, 15 to 32% of Mn, 5.5 to 4.0% of Cr, 1.5 to 3% of Mo, 0.025% or less of S, To a wire for submerged welding and gas metal arc welding excellent in high strength and cryogenic impact toughness including B: 0.01% or less, Ti: 0.05-1.2%, N: 0.005-0.5%, balance Fe and other unavoidable impurities .”, pg. 2, ln. 20-23), (B) one, or two or more selected from V: 2.0% or less, Ti: 1.0% or less, and Nb: 1.00% or less, (C) one, or two or more selected from Cu: 1.00% or less, Al: 0.100% or less, Ca: 0.10% or less, and REM: 0.020% or less.
Conclusion
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/JOSEPH W ISKRA/Examiner, Art Unit 3761
/IBRAHIME A ABRAHAM/Supervisory Patent Examiner, Art Unit 3761