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 1-20 are pending. Claims 1-20 are currently under examination. Applicant’s election of the Species I as containing Co-Cr-W-(platinum group or precious metal) alloys is currently under examination and was elected without traverse in the Response filed on January 2, 2026.
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, 3-4 and 9-13 are rejected under 35 U.S.C. 103 as being unpatentable over Choi (WO 2019/164062 A1) as evidenced by Luty (Types of cooling media and their properties).
In regard to claims 1 and 4, Choi (WO ‘062) discloses a method for processing nickel base alloys comprising 6 to 8 weight percent cobalt (atomic number = 27), 11 to 13 weight percent chromium, tungsten in an amount greater than 5 and less than 10 weight percent, and zirconium (atomic number = 40) in an amount greater than 0 and less than or equal to 0.03 weight percent comprising the steps of maintaining the hot processed product in a range of 1100°C to 1220°C for 10 to 60 minutes and then water cooling, which overlap the ranges of the instant invention, thereby establishing prima facie obviousness (abstract and page 3 of Translation). However, Choi (WO ‘062) does not specify wherein the water cooling would have the alloy at 600°C or less within 5 minutes.
Luty teaches that water cooling would have a cooling rate of 102K/s to 120K/s (Table 9.6).
Therefore, it would be expected that during the water quenching of Choi (WO ‘062), the cooling rate would be a minimum of 102K/s, as disclosed by Luty (Table 9.6).
Thus, it would take a little over 6 seconds to achieve a temperature of 600°C quenching from 1220°C, as disclosed by Choi (WO ‘062), which would be within 5 minutes as claimed. Additionally, since zirconium would have an atomic number greater than cobalt, the alloys disclosed by Choi (WO ‘062) would read on the claim 1.
In regard to claim 3, it would take a little over 6 seconds to achieve a temperature of 600°C quenching from 1220°C, as disclosed by Choi (WO ‘062), which would be within 1 minute as claimed. Additionally, since zirconium would have an atomic number greater than cobalt, the alloys disclosed by Choi (WO ‘062) would read on the claim 1.
In regard to claim 9, Choi (WO ‘062) discloses 0.02 to 0.08 weight percent carbon and this would overlap the scope of “substantially or entirely free of carbon” as set forth in [0031] of the specification where it indicates that “substantially free” means less than 0.05%.
In regard to claim 10, Choi (WO ‘062) does not require the presence of silicon, phosphorus, and sulfur and therefore reads on the claim (abstract and page 3 of Translation).
In regard to claim 11, Choi (WO ‘062) does not require the presence of manganese and therefore reads on the claim (abstract and page 3 of Translation).
In regard to claim 12, Choi (WO ‘062) discloses up to 0.5 weight percent iron and therefore reads on the claim (Table 1).
In regard to claim 13, Choi (WO ‘062) does not require the presence of manganese and discloses up to 0.5 weight percent iron and therefore reads on the claim (abstract, Table 1 and page 3 of Translation).
Allowable Subject Matter
Claims 2, 5-8 and 14-16 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
In regard to claim 2, Choi (WO ‘062) fails to specify the presence of palladium and therefore claim 2 distinguishes from Choi (WO ‘062).
In regard to claim 5, Choi (WO ‘062) discloses a method for processing nickel base alloys comprising 6 to 8 weight percent cobalt (atomic number = 27) (abstract and page 3). Therefore, claim 5 distinguishes from Choi (WO ‘062).
In regard to claim 6, Choi (WO ‘062) discloses a method for processing nickel base alloys comprising 11 to 13 weight percent chromium (abstract and page 3). Therefore, claim 6 distinguishes Choi (WO ‘062).
In regard to claim 7, Choi (WO ‘062) discloses wherein the balance would be nickel (abstract and page 3). Therefore, claim 7 would be distinguished from Choi (WO ’062).
In regard to claim 8, Choi (WO ‘062) discloses 9 to 12 weight percent molybdenum (abstract and page 3). This would not be substantially or entirely free of molybdenum and therefore claim 8 would distinguished from Choi (WO ‘062).
In regard to claim 14, neither Choi (WO ‘062) nor Luty specify the presence of platinum and therefore claim 14 distinguishes from Choi (WO ‘062) and Luty.
In regard to claims 15-16, neither Choi (WO ‘062) nor Luty specify the presence of platinum or manganese and therefore claim 15 distinguishes from Choi (WO ‘062) and Luty.
Claims 17-19 are allowed.
The following is a statement of reasons for the indication of allowable subject matter:
In regard to claim 17, neither Choi (WO ‘062), Luty nor the other prior specify the presence of platinum with cobalt, chromium and tungsten in a method for production of a cobalt-chromium alloy including heating the alloy to about 1225 to 1275°C for a time period form about 20 minutes to about 40 minutes to remove precipitate inclusions and rapid quenching to 600°C within 5 seconds.
Claim 20 is allowed.
The following is a statement of reasons for the indication of allowable subject matter:
In regard to claim 20, neither Choi (WO ‘062), Luty nor the other prior specify the presence of platinum with cobalt, chromium and tungsten in a method for production of a stent formed from a substantially homogenous cobalt-chromium alloy including heating the alloy to about 1225 to 1275°C for a time period form about 20 minutes to about 40 minutes to remove precipitate inclusions and rapid quenching to 600°C within 5 seconds and then drawing the tube or rod to form the stent especially since no stents are formed in Choi (WO ‘062) or Luty.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The most pertinent prior art is of reference in this application as either cited by Applicant or the Examiner and the Examiner does not see a need to cite additional references at this time.
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/JESSEE R ROE/Primary Examiner, Art Unit 1759