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 Objections
Claim 4 is objected to because of the following informalities: Claim 4, line 3: amend “the chemical composition” to “the chemical composition of claim 2”. 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 1-8 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.
The term “high-strength” in claims 1-8 is a relative term which renders the claim indefinite. The term “high-strength” 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. Specifically, it is unclear how much strength the hot rolled steel sheet needs to have to be considered “high-strength” as the claims do not specify a tensile strength or yield strength that corresponds to the claimed steel sheet.
Claim 1 recites the limitation "the center" in line 2. There is insufficient antecedent basis for this limitation in the claim.
Claim 2 recites the limitation of “one or more selected from Cr: 1.0% or less, Mo: 1.0% or less, Cu: 1.0% or less, Ni: 1.0% or less, Ca: 0.010% or less, and B: 0.010% or less.” This statement is indefinite because it is unclear whether any of the Cr, Mo, Cu, Ni, Ca, or B is actually required in the composition as the lower limit of each of the listed elements can be zero. Moreover, the Examples in the specification in Table 1 include steel compositions that don’t include any of these elements and are still considered inventive examples. However, the language of “one or more” implies that at least one of these elements is required. Clarification is required.
Claim 3 recites the limitation "the chemical composition" in line 3. There is insufficient antecedent basis for this limitation in the claim. Specifically, claim 3 depends on claim 1 which does not require a specific composition. Therefore, it is unclear what “the chemical composition” all includes.
Claims 3 and 4 recite the limitation of “after a temperature has been increased to a heating temperature” in line 7. It is unclear what “a temperature” refers to, i.e., the steel sheet, the heating oven, etc. Clarification is required.
Claim 5 recites the limitation "the center" in line 3. There is insufficient antecedent basis for this limitation in the claim.
Claim 6 recites the limitation of “one or more selected from Cr: 1.0% or less, Mo: 1.0% or less, Cu: 1.0% or less, Ni: 1.0% or less, Ca: 0.010% or less, and B: 0.010% or less.” This statement is indefinite because it is unclear whether any of the Cr, Mo, Cu, Ni, Ca, or B is actually required in the composition as the lower limit of each of the listed elements can be zero. Moreover, the Examples in the specification in Table 1 include steel compositions that don’t include any of these elements and are still considered inventive examples. However, the language of “one or more” implies that at least one of these elements is required. Clarification is required.
Allowable Subject Matter
Claims 1-8 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.
The closest prior art of record is Kamo Tatahiro (JP 2020012168A, hereinafter “Kamo”).
Kamo teaches a thick steel plate for sour line pipes and a method for manufacturing the plates comprising the following composition (Kamo, [0001], [0011], and [0022-0049]):
Element
Present Invention
Kamo
Comparison
C
0.02-0.15
0.03-0.06
Within
Si
0-1.0
0.1-0.6
Within
Mn
0.3-2.0
1.30-1.80
Within
P
0-0.05
0-0.01
Within
S
0-0.02
0-0.001
Within
Al
0.005-0.1
0.001-0.05
0.005-0.05
N
0-0.01
0.002-0.006
Within
Nb
0-0.15
0.003-0.04
Within
V
0-0.15
0-0.10
Within
Ti
0-0.15
0.005-0.02
Within
One or more selected from:
Cr
0-1.0
0-0.30
Within
Mo
0-1.0
0-0.2
Within
Cu
0-1.0
0-0.5
Within
Ni
0-1.0
0-0.5
Within
Ca
0-0.01
0.001-0.005
Within
B
0-0.01
0-0.0003
Within
Balance
Fe and impurities
Fe and impurities
Kamo further teaches the microstructure of the steel sheet on the surface, i.e., a depth of 0.5mm is 10-40% by area ferrite, 0-3.0% by area hard phase, and the remainder bainite, i.e., 57-90% by area bainite (Kamo, [0051-0054]). Kamo teaches the average grain size of the microstructure at the surface should be 15.0 µm or less (Kamo, [0056]). Additionally, Kamo teaches the microstructure in the center of the plate thickness is 0-30% by area ferrite, 0-2.0% by area hard phase, and the remainder bainite, i.e., 68-100% by area bainite, with an average grain size of 20.0 µm or less (Kamo, [0058-0062]). Kamo also teaches the plate thickness is 25-40mm (Kamo, [0065]).
However, Kamo does not disclose or suggest the dislocation density at the center of the steel sheet, the dislocation density of the steel sheet at a depth of 0.1 mm, or a maximum low angle grain boundary density at a depth of 0.1 mm as presently claimed.
Moreover, when considering the method of make for inherency, the Examiner has determined that the method as used in the present invention is substantially different from the method used in Kamo and therefore would not inherently result in the at least overlapping ranges for the above properties. Specifically, while Kamo teaches a rolling process including rough rolling and finish rolling and a two stage cooling step (Kamo, [0070] and [0073-0079]), Kamo does not disclose or suggest a rough rolling delivery temperature of 900-1100°C, a total rolling reduction ratio during finish rolling of 60% or more, the first cooling step cooling rate and stop temperature at the center being 10-60°C/s and 550-650°C, or the second cooling step stop temperature being 450-600°C. Moreover, Kamo does not disclose or suggest the time interval between the end of the first cooling step and the start of the second cooling step is 5-20 sec as claimed. Based on the data in the specification, all these method steps are needed to obtain steel sheets having the claimed dislocation density at the center, the dislocation at a depth of 0.1 mm, or a maximum low angle grain boundary density at a depth of 0.1 mm.
Therefore, it is clear that Kamo does not disclose or suggest the present invention.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DANIELLE CARDA whose telephone number is (571)270-1240. The examiner can normally be reached Monday-Friday 8:30-4:00 EST.
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/DANIELLE M. CARDA/Primary Examiner, Art Unit 1738
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