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Claims 1-20 are pending wherein claims 3-20 are currently under examination and claims 1-2 are withdrawn from further consideration pursuant 37 CFR 1.142(b) as being drawn to a non-elected high-plasticity dual-phase high-entropy alloy having the formula (FeCoNiCr)100-xCux where x is in the range of 2.0 to 4.0. Applicant’s election of claims 3-20 was made without traverse in the Response filed on June 18, 2026.
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 3-20 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-purity” in claims 3is a relative term which renders the claim indefinite. The term “high-purity” 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.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 3-4, 11, 15 and 17 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Wang et al. (Experimental and numerical studies on the sluggish diffusion in face centered cubic Co-Cr-Cu-Fe-Ni high entropy alloys).
In regard to claims 3-4 and 17, Wang et al. discloses synthesizing a Co26.4Cr22Cu3.2Fe22Ni26.4 alloy by arc melting cobalt, chromium, copper, iron and nickel with all having purities of 99.95 weight percent purity or above under an argon atmosphere and in order to ensure homogenization remelting four more times (2. Experimental procedure, page 1792). The Examiner considers the “pretreatment” to be the initial arc melting step. Since Wang et al. discloses the same composition made the same way, an HEA with room temperature superplasticity would be inherent. MPEP 2112.01 I.
In regard to claim 11, Wang et al. discloses wherein the melting and annealing would occur in the same furnace (melting chamber) (page 1792).
In regard to claim 15, Wang et al. discloses arc melting and then melting four more times for a total of five melts (page 1792).
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 9-10 are rejected under 35 U.S.C. 103 as being unpatentable over Wang et al. (Experimental and numerical studies on the sluggish diffusion in face centered cubic Co-Cr-Cu-Fe-Ni high entropy alloys) as applied to claim 3 above, and further in view of Jablonski (Manufacturing of High Entropy Alloys)
In regard to claims 9-10, Wang et al. discloses remelting after arc melting in argon, but Wang et al. does not specify wherein the remelting would occur in a protective atmosphere of argon.
In the same field of endeavor, Jablonski teaches arc melting under argon (protective) atmosphere five times in order to have an ingot with a higher surface to volume ratio relative to VIM ingot (page 2279, right column and page 2285, right column).
Therefore, it would have been obvious to one having ordinary skill in the art prior to the filing of the instant invention to have modified the melting schedule, as disclosed by Wang et al., by arc melting in argon atmosphere five times, as disclosed by Jablonski, in order to have an ingot with a higher surface to volume ratio, as disclosed by Jablonski (page 2279, right column and page 2285, right column).
Allowable Subject Matter
Claims 5-8, 12-14, 16 and 19-20 would be allowable if rewritten to overcome the rejection(s) 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.
In regard to claim 5, Jablonski discloses ground and polishing and then electropolishing using an electrolyte comprised of 100 mL of 60% perchloric acid in 900 mL methanol (page 2280, right column). However, subjecting the nickel, chromium and copper to pickling and ultrasonic cleaning and subjecting the iron and cobalt to ultrasonic cleaning is not disclosed or suggested Wang et al., Jablonski or the remainder of the prior art when processing HEA alloys.
In regard to claim 12, neither Wang et al. nor Jablonski disclose or adequately suggest wherein before the melting is conducted, the melting chamber is subjected to primary vacuumizing, and a protective atmosphere is introduced until a pointer of a gas valve points to 0 MPa, and then the melting chamber is subjected to secondary vacuumizing, and the protective atmosphere is introduced until the pointer of the gas valve points to -0.05 MPa.
In regard to claim 15, neither Wang et al. nor Jablonski disclose or adequately suggest wherein the melting in step (2) is conducted at 1950 to 2050°C for 55 to 65 seconds each time.
In regard to claim 19, Jablonski discloses ground and polishing and then electropolishing using an electrolyte comprised of 100 mL of 60% perchloric acid in 900 mL methanol (page 2280, right column). However, subjecting the nickel, chromium and copper to pickling and ultrasonic cleaning and subjecting the iron and cobalt to ultrasonic cleaning is not disclosed or suggested Wang et al., Jablonski or the remainder of the prior art when processing HEA alloys.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Jessee Roe whose telephone number is (571)272-5938. The examiner can normally be reached Monday thru Friday 7:30 am to 4 pm.
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/JESSEE R ROE/Primary Examiner, Art Unit 1759
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