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 .
Status of the Claims
Claims 1-7 are pending and are currently under examination.
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 1-7 are rejected under 35 U.S.C. 103 as being unpatentable over Hirakami et al. (WO 2020/138450).
In regard to claim 1, Hirakami et al. (WO ‘450) discloses carbonitrided steel components having compositions relative to that of the instant invention as set forth below (abstract and pages 5-6 of Translation).
Element
Instant Claim
(mass percent)
Hirakami et al. (WO ‘450)
(mass percent)
Overlap
C
0.15 – 0.25
0.15 – 0.45
0.15 – 0.25
Si
0.01 – 0.24
0 – 0.5
0.01 – 0.24
Mn
0.5 – 1.8
0.20 – 0.60
0.5 – 0.60
Cu
0.001 – 0.3
0 – 0.20
0.001 – 0.20
Ni
0.01 – 0.6
0 – 0.20
0.01 – 0.20
Cr
0.6 – 1.8
0.80 – 1.5
0.8 – 1.5
Mo
0.01 – 0.8
0.17 – 0.30
0.17 – 0.30
Element
Instant Claim
(mass percent)
Hirakami et al. (WO ‘450)
(mass percent)
Overlap
Al
0.02 – 0.05
0.005 – 0.10
0.02 – 0.05
N
0.01 – 0.025
0 – 0.03
0.01 – 0.025
Fe
Balance
Balance
Balance
The Examiner notes that the amounts of carbon, silicon, manganese, copper, nickel, chromium, molybdenum, aluminum, and nitrogen for the steel alloys disclosed by Hirakami et al. (WO ‘450) overlap the amounts of the instant invention, which is prima facie evidence of obviousness. MPEP 2144.05 I. It would have been obvious to one having ordinary skill in the art prior to the filing of the instant invention to select the claimed amounts of carbon, silicon, manganese, copper, nickel, chromium, molybdenum, aluminum, and nitrogen from the amounts disclosed by Hirakami et al. (WO ‘450) because Hirakami et al. (WO ‘450) discloses the same utility throughout the disclosed ranges.
Still regarding claim 1, Hirakami et al. (WO ‘450) discloses wherein the surface carbon concentration would range from 0.70 to 1.20% and the surface concentration of the nitrogen would be 0 to 0.60% (page 29). As such Expression 1 as applied to Hirakami et al. (WO ‘450) would range from 0.70 to 1.71, which would overlap the range of the instant invention. MPEP 2144.05 I. Expression 2 as applied to Hirakami et al. (WO ‘450) would range from about 492 to about 632 and would overlap the range of the instant invention. MPEP 2144.05 I.
With respect to the recitation “providing a carbonitrided steel material having a hardness of 560 HV or more at a portion from a surface thereof to a depth of 0.05 mm when subjected to a tempering treatment at 500°C after the carbonitriding” in claim 1, since Hirakami et al. (WO ‘450) discloses carbonitriding substantially similar compositions, this property would be expected. MPEP 2112.01 I.
In regard to claim 2, Hirakami et al. (WO ‘450) discloses 0.24 to 0.40 mass percent vanadium, which is within the range of the instant invention (pages 5-6 of Translation).
In regard to claim 3, Hirakami et al. (WO ‘450) discloses carbonitrided steel components having compositions relative to that of the instant invention as set forth below (abstract and pages 5-6 of Translation).
Element
Instant Claim
(mass percent)
Hirakami et al. (WO ‘450)
(mass percent)
Overlap
C
0.15 – 0.25
0.15 – 0.45
0.15 – 0.25
Si
0.01 – 0.24
0 – 0.5
0.01 – 0.24
Mn
0.5 – 1.8
0.20 – 0.60
0.5 – 0.60
Cu
0.001 – 0.3
0 – 0.20
0.001 – 0.20
Ni
0.01 – 0.6
0 – 0.20
0.01 – 0.20
Cr
0.6 – 1.8
0.80 – 1.5
0.8 – 1.5
Mo
0.01 – 0.8
0.17 – 0.30
0.17 – 0.30
Al
0.02 – 0.05
0.005 – 0.10
0.02 – 0.05
N
0.01 – 0.025
0 – 0.03
0.01 – 0.025
V
0 – 0.25
0.24 – 0.40
0.24 – 0.25
Fe
Balance
Balance
Balance
The Examiner notes that the amounts of carbon, silicon, manganese, copper, nickel, chromium, molybdenum, aluminum, nitrogen and vanadium for the steel alloys disclosed by Hirakami et al. (WO ‘450) overlap the amounts of the instant invention, which is prima facie evidence of obviousness. MPEP 2144.05 I. It would have been obvious to one having ordinary skill in the art prior to the filing of the instant invention to select the claimed amounts of carbon, silicon, manganese, copper, nickel, chromium, molybdenum, aluminum, nitrogen and vanadium from the amounts disclosed by Hirakami et al. (WO ‘450) because Hirakami et al. (WO ‘450) discloses the same utility throughout the disclosed ranges.
Still regarding claim 3, Hirakami et al. (WO ‘450) discloses wherein the surface carbon concentration would range from 0.70 to 1.20% and the surface concentration of the nitrogen would be 0 to 0.60% (page 29). As such Expression 1 as applied to Hirakami et al. (WO ‘450) would range from 0.70 to 1.71, which would overlap the range of the instant invention. MPEP 2144.05 I.
In regard to claim 4, Hirakami et al. (WO ‘450) discloses wherein the copper content would be 0 to 0.20 mass percent, which overlaps the range of the instant invention (pages 5-6 of Translation).
In regard to claim 5, Hirakami et al. (WO ‘450) discloses 0 to 0.50 mass percent silicon, which encompasses the range of the instant invention (pages 5-6 of Translation).
In regard to claim 6, Hirakami et al. (WO ‘450) discloses 0 to 0.20 mass percent copper, which overlaps the range of the instant invention (pages 5-6 of Translation).
In regard to claim 7, Hirakami et al. (WO ‘450) discloses carbonitrided steel components as set forth above (pages 5-6 of Translation).
Still regarding claim 7, Hirakami et al. (WO ‘450) discloses wherein the surface carbon concentration would range from 0.70 to 1.20% and the surface concentration of the nitrogen would be 0 to 0.60% (page 29). As such Expression 1 as applied to Hirakami et al. (WO ‘450) would range from 0.70 to 1.71, which would overlap the range of the instant invention. MPEP 2144.05 I. Expression 2 as applied to Hirakami et al. (WO ‘450) would range from about 492 to about 632 and would overlap the range of the instant invention. MPEP 2144.05 I.
With respect to the recitation “providing a carbonitrided steel material having a hardness of 560 HV or more at a portion from a surface thereof to a depth of 0.05 mm when subjected to a tempering treatment at 500°C after the carbonitriding” in claim 7, since Hirakami et al. (WO ‘450) discloses carbonitriding substantially similar compositions, this property would be expected. MPEP 2112.01 I.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Tesker, E. I. "Contact strength of carburized and carbonitrided gears." Metal Science and Heat Treatment 30.2 (1988): 144-147.
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/JESSEE R ROE/ Primary Examiner, Art Unit 1759
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