DETAILED ACTION
Response to Amendment
The Amendment filed 23 July 2026 has been entered. Claims 3-10 remain pending in the application. No new claim(s) have been added. Applicant's amendments to the claims have overcome the 112(a) rejection previously set forth in the Non-Final Rejection mailed 25 June 2026.
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claims 3, 5, 6, 8, and 10 are rejected under 35 U.S.C. 103 as being unpatentable over US2020377987A1 of Han in view of US2011052443A1 of Hanlon.
Claim 3 claims a process comprising: casting a component comprising an alloy based on nickel wherein the alloy based on nickel comprises the elements in wt% as shown in Table A below wherein the component comprises columnar grains.
Han discloses a method for manufacturing super-refractory nickel-based alloy and super-refractory nickel-based alloy in the same field of endeavor as the claimed invention. The alloy disclosed in comparison to the claimed invention is shown in Table A below.
Table A
Element
Instant Invention, wt%
US2020377987 (Han) , wt%
Carbon
0.07-0.09
0-0.25
Chromium
9.0-10.0
8.0-25.0
Cobalt
9.7-10.5
0-28.0
Molybdenum
1.2-1.8
0-8.0
Tungsten
2.8-3.6
0-6.0
Titanium
1.7-2.5
0.4-7.0
Aluminum
5.6-6.3
0.5-8.0
Boron
0.008-0.012
0-0.30
Zirconium
0.01-0.012
0-0.30
Tantalum
1.0-1.4
0-3.0
Niobium
0.7-1.1
0-4.0
Vanadium
0.8-1.0
0-1.2
Hafnium
1.2-1.4
0-3.0
Silicon
Up to 0.011
0
Rhenium
0
0
Ruthenium
0
0
Nickel
Balance
Balance
Han discloses overlapping ranges for all elements of the claimed invention. The only additional element taught by Han is Iron as an optional element to replace Ni or Co for reducing cost, Para.[0067]. Therefore, Han reads on all compositional limitations of the claimed invention.
Han discloses an overlapping range of carbon, see Table A above. In the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists, see MPEP 2144.05. Han also teaches that carbon remains as carbides in a structure of the cast Ni-based alloy, and a part of carbon forms coarse eutectic carbides, Para[0054]. Han discloses that the coarse carbides become a starting point and progress route of cracking. Therefore, a reduction of the amount of carbon is extremely important for Ni-based alloy, Para[0055]. Therefore, based on the teachings of Han it would be obvious for one of ordinary skill in the art to add carbon to a nickel-based alloy in the claimed range.
Han discloses an overlapping range of chromium, see Table A above. In the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists, see MPEP 2144.05. Han also teaches that chromium improves oxidation resistance and corrosion resistance. Therefore, based on the teachings of Han it would be obvious for one of ordinary skill in the art to add chromium to a nickel-based alloy in the claimed range.
Han discloses an overlapping range of cobalt, see Table A above. In the case where the claimed ranges “overlap or lie inside ranges disclosed by the prior art” a prima facie case of obviousness exists, see MPEP 2144.05. Han also teaches that cobalt improves stability of the alloy structure. On the other hand, Co is expensive and thus increases cost of the alloy, Para[0063]. Therefore, based on the teachings of Han it would be obvious for one of ordinary skill in the art to add cobalt to a nickel-based alloy in the claimed range.
Han discloses an overlapping range of tungsten and molybdenum, see Table A above. In the case where the claimed ranges “overlap or lie inside ranges disclosed by the prior art” a prima facie case of obviousness exists, see MPEP 2144.05. Han discloses that tungsten contributes to solid solution strengthening of a matrix, similarly to Mo. However, an excessive amount of W results in the formation of a harmful intermetallic compound phase to deteriorate high-temperature strength, Para[0064]. Han also teaches that molybdenum (Mo) contributes to solid solution strengthening of a matrix, and has an effect of improving high-temperature strength. However, an excessive amount of Mo results in formation of an intermetallic compound phase to deteriorate high-temperature strength, Para[0058]. Therefore, based on the teachings of Han it would be obvious for one of ordinary skill in the art to add tungsten and molybdenum to a nickel-based alloy in the claimed range.
Han discloses an overlapping range of titanium, see Table A above. In the case where the claimed ranges “overlap or lie inside ranges disclosed by the prior art” a prima facie case of obviousness exists, see MPEP 2144.05. Han also teaches that Ti forms a y’ phase and increases high-temperature strength through solid solution strengthening of the y’ phase, Para[0061]. Therefore, based on the teachings of Han it would be obvious for one of ordinary skill in the art to add titanium to a nickel-based alloy in the claimed range.
Han discloses an overlapping range of aluminum, see Table A above. In the case where the claimed ranges “overlap or lie inside ranges disclosed by the prior art” a prima facie case of obviousness exists, see MPEP 2144.05. Han also discloses that aluminum forms a y’ phase, and improves high-temperature strength. However, an excessive amount of Al deteriorates hot workability, Para[0059]. Therefore, based on the teachings of Han it would be obvious for one of ordinary skill in the art to add aluminum to a nickel-based alloy in the claimed range.
Han discloses an overlapping range of zirconium and boron, see Table A above. In the case where the claimed ranges “overlap or lie inside ranges disclosed by the prior art” a prima facie case of obviousness exists, see MPEP 2144.05. Han discloses that boron increases grain boundary strength and improves creep strength and ductility. However, boron has an effect of lowering a melting point, Para[0070]. Han also teaches that zirconium has an effect of increasing grain boundary strength, similar to boron. However excessive Zr also lowers a melting point to deteriorate high-temperature strength, Para[0071]. Therefore, based on the teachings of Han it would be obvious for one of ordinary skill in the art to add zirconium and boron to a nickel-based alloy in the claimed range.
Han discloses an overlapping range of niobium and tantalum, see Table A above. In the case where the claimed ranges “overlap or lie inside ranges disclosed by the prior art” a prima facie case of obviousness exists, see MPEP 2144.05. Han teaches that both niobium and tantalum increase high temperature strength through solid solution strengthening of the y’ phase, and that excessive amounts will deteriorate hot workability, Para[0065,0066]. Therefore, based on the teachings of Han it would be obvious for one of ordinary skill in the art to add niobium and tantalum to a nickel-based alloy in the claimed range.
Han discloses an overlapping range of hafnium, see Table A above. In the case where the claimed ranges “overlap or lie inside ranges disclosed by the prior art” a prima facie case of obviousness exists, see MPEP 2144.05. Han also discloses that hafnium is effective for improvement of oxidation resistance, Para[0069]. Therefore, based on the teachings of Han it would be obvious for one of ordinary skill in the art to add hafnium to a nickel-based alloy in the claimed range.
While Han teaches as-cast alloys, the alloy specifically disclosed by Han is hot extruded after casting. Han does not disclose columnar grains.
Hanlon discloses Nickel-based superalloys and articles in the same field of endeavor as the claimed invention. Hanlon teaches a nickel-based superalloy is provided herein comprising a unique combination of alloying elements that result in the alloy being particularly adapted for casting and directional solidification to provide articles, e.g., gas turbine buckets, having a combination of improved mechanical properties, as well as improved resistance to oxidation and hot corrosion, Para[0014]. Hanlon also discloses that preferentially orienting grains in the direction of the principal stress axis, which generally coincides with the longitudinal direction, provides a columnar grain structure, eliminating grain boundaries transverse to the growth direction. Such an orientation also provides a favorable modulus of elasticity in the longitudinal direction, beneficial to the fatigue performance of the part, Para[0004].Therefore, it would be obvious to one of ordinary skill to incorporate the columnar grains of Hanlon into the alloy taught by Han in order to benefit the fatigue performance of the part making it more suitable for casting. Thus, Han in view of Hanlon covers all limitations of claim 3.
Claim 5 further limits claim 3 by claiming that the alloy based on nickel comprises (in wt%): nickel-based alloy of claim 1, comprising (in wt%):carbon (C): 0.08% - 0.09%, and chromium (Cr): 9.3% - 9.7%.
Han teaches overlapping ranges for C and Cr as seen in Table A above. In the case where the claimed ranges “overlap or lie inside ranges disclosed by the prior art” a prima facie case of obviousness exists, see MPEP 2144.05. Therefore, Han in view of Hanlon covers all limitations of claim 5.
Claim 6 further limits claim 3 by claiming that the alloy based on nickel comprises (in wt%):nickel-based alloy of claim 5, comprising (in wt%):carbon (C): 0.08%,chromium (Cr): 9.5%,cobalt (Co): 10.0%,molybdenum (Mo): 1.5%,tungsten (W): 3.2%, titanium (Ti): 2.1%,aluminum (Al): 5.9%,boron (B): 0.01%,zirconium (Zr): 0.01%,tantalum (Ta): 1.2%, niobium (Nb): 0.9%,vanadium (V): 0.9%, and hafnium (Hf): 1.3%.
Han teaches overlapping ranges for all the claimed elements as seen in Table A above. In the case where the claimed ranges “overlap or lie inside ranges disclosed by the prior art” a prima facie case of obviousness exists, see MPEP 2144.05. Therefore, Han in view of Hanlon covers all limitations of claim 6.
Claim 8 further limits claim 3 by claiming that the alloy based on nickel comprises niobium (Nb) 0.7 wt%.
Han teaches an overlapping range for niobium as seen in Table A above. In the case where the claimed ranges “overlap or lie inside ranges disclosed by the prior art” a prima facie case of obviousness exists, see MPEP 2144.05. Therefore, Han in view of Hanlon covers all limitations of claim 8.
Claim 10 further limits claim 3 by claiming that the component is a component of a turbine.
Han teaches that the alloy can be used in gas turbines, Para[0002]. Therefore, Han teaches the additional limitation of claim 10. Thus, Han in view of Hanlon covers all limitations of claim 10.
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over US2020377987A1 of Han in view of US2011052443A1 of Hanlon, as applied to claim 3 above, further in view of GB2587635A of Crudden.
Claim 7 further limits claim 3 by claiming that the alloy based on nickel comprises silicon (Si).
Han is silent on Silicon.
Crudden teaches a nickel-based alloy in the same field of endeavor as the claimed invention. Crudden discloses 0.0 to 0.5% silicon, Para[0010]. This overlaps with the claimed range. In the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists, see MPEP 2144.05. Crudden teaches that it has been shown that additions of silicon to nickel based superalloys at levels up to 0.5 wt.% are beneficial for oxidation properties, Para[0103]. Therefore, it would be obvious to one of ordinary skill in the art to add silicon up to 0.5% to achieve beneficial oxidation properties. Thus, Han in view of Hanlon and Crudden covers all limitations of claim 7.
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over US2020377987A1 of Han in view of US2011052443A1 of Hanlon further in view of GB2587635A of Crudden.
Claim 9 claims a process, comprising applying a laser beam to a powder comprising an alloy based on nickel during a laser powder bed process to create a component, wherein the alloy based on nickel comprises (in wt%):carbon (C): 0.07% - 0.09%,chromium (Cr): 9.0% - 10.0%,cobalt (Co): 9.7% - 10.5%,molybdenum (Mo): 1.2% - 1.8%,tungsten (W): 2.8% - 3.6%,Atty Docket: 2021P03374WOUS (1312) titanium (Ti): 1.7% - 2.5%,aluminum (AI): 5.6% - 6.3%, boron (B): 0.008% - 0.012%,zirconium (Zr): 0.01% - 0.012%,tantalum (Ta): 1.0% - 1.4%, niobium (Nb): 0.7% - 1.1%, vanadium (V): 0.8% - 1.0%, hafnium (Hf): 1.2% - 1.4%, silicon (Si): up to 0.011%,no rhenium (Re) and no ruthenium (Ru), and a balance of nickel (Ni) and residual impurities to 0.1% wherein the component comprises columnar grains.
Han teaches overlapping ranges for all the claimed elements as seen in Table A above. In the case where the claimed ranges “overlap or lie inside ranges disclosed by the prior art” a prima facie case of obviousness exists, see MPEP 2144.05. Han does not teach a laser powder bed process or columnar grains.
Hanlon discloses that preferentially orienting grains in the direction of the principal stress axis, which generally coincides with the longitudinal direction, provides a columnar grain structure, eliminating grain boundaries transverse to the growth direction. Such an orientation also provides a favorable modulus of elasticity in the longitudinal direction, beneficial to the fatigue performance of the part, Para[0004]. Therefore, it would be obvious to one of ordinary skill to incorporate the columnar grains of Hanlon into the turbine blade taught by Han in order to benefit the fatigue performance of the part making it more suitable for casting.
Crudden teaches that the present invention relates to a nickel-based superalloy composition designed for application in additive manufacturing (AM) processes, examples of such processes including but not limited to, powder-bed based AM methods (e.g. selective laser melting, electron beam melting), direct metal deposition methods (e.g. powder deposition and wire-based methods), Para[0001]. Crudden also teaches that currently, there has been a tendency to migrate nickel-based superalloys which have been successfully manufactured in cast form or wrought form to the AM process, Para[0002]. Therefore, it would be obvious to one of ordinary skill in the art to use the nickel-based superalloy disclosed by Han in a laser powder bed process as disclosed by Crudden as this is the tendency of the art.
Thus, Han in view of Hanlon and Crudden covers all limitations of claim 9.
Claims 4 is rejected under 35 U.S.C. 103 as being unpatentable over US2020377987A1 of Han in view of US2011052443A1 of Hanlon and KR20150095880A (machine translation) of Burbaum.
Claim 4 claims a component comprising: a nickel-based alloy which consists of (in wt%):carbon (C): 0.07% - 0.09%,chromium (Cr): 9.0% - 10.0%,cobalt (Co): 9.7% - 10.5%,molybdenum (Mo): 1.2% - 1.8%,tungsten (W): 2.8% - 3.6%, titanium (Ti): 1.7% - 2.5%,aluminum (Al): 5.6% - 6.3%, boron (B): 0.008% - 0.012%,zirconium (Zr): 0.01% - 0.012%,tantalum (Ta): 1.0% - 1.4%, niobium (Nb): 0.7% - 1.1%, vanadium (V): 0.8% - 1.0%, hafnium (Hf): 1.2% - 1.4%, silicon (Si): up to 0.011%,no rhenium (Re) and no ruthenium (Ru), and the nickel-based alloy further consisting of a balance of nickel (Ni) and residual impurities to 0.1%1 wherein the component comprises columnar grains.
Han teaches overlapping ranges for all the claimed elements as seen in Table A above. In the case where the claimed ranges “overlap or lie inside ranges disclosed by the prior art” a prima facie case of obviousness exists, see MPEP 2144.05. Han does not specifically teach a substrate with columnar grains.
Hanlon discloses that preferentially orienting grains in the direction of the principal stress axis, which generally coincides with the longitudinal direction, provides a columnar grain structure, eliminating grain boundaries transverse to the growth direction. Such an orientation also provides a favorable modulus of elasticity in the longitudinal direction, beneficial to the fatigue performance of the part, Para[0004].
Burbaum teaches deposition welding with prior remelting in the same field of endeavor as the claimed invention. Burbaum discloses a substrate with columnar grain shape, Para[0008]. Burbaum teaches that columnar substrates are found in nickel-based superalloys in turbine blades, Para[0002]. Burbaum teaches that the remelt region 7 in which the laminate weld 13 is carried out can be remelted completely and preferably exactly to fit (FIG. 7), preferably slightly above the region (FIG. 3). However, it is also possible to perform remelting only in accordance with the position inside the surface region 8, in which the laminated weld 13 is to be produced. This is the case, for example, for particles solidified in columnar form, Para[0011].
Therefore, it would be obvious to one of ordinary skill to incorporate the columnar grains of Hanlon and Burbaum into the turbine blade taught by Han in order to benefit the fatigue performance of the part making it more suitable for casting and remelting. Thus, Han in view of Hanlon and Burbaum covers all limitations of claim 4.
Response to Arguments
Applicant's arguments filed 23 July 2026 have been fully considered but they are not persuasive. Applicant argues that (remarks, pages 7 and 8 of 9) there is no motivation to incorporate the columnar grains taught by secondary reference Burbaum into the alloy taught by primary reference Han. Examiner asserts that Burbaum teaches that the remelt region 7 in which the laminate weld 13 is carried out can be remelted completely and preferably exactly to fit (FIG. 7), preferably slightly above the region (FIG. 3). However, it is also possible to perform remelting only in accordance with the position inside the surface region 8, in which the laminated weld 13 is to be produced. This is the case, for example, for particles solidified in columnar form, Para[0011]. Therefore, it would be obvious to one of ordinary skill in the art to include the columnar grains of Burbaum into the alloy of Han in order to perform remelting only in the laminated weld region.
Additionally, secondary reference Hanlon discloses that preferentially orienting grains in the direction of the principal stress axis, which generally coincides with the longitudinal direction, provides a columnar grain structure, eliminating grain boundaries transverse to the growth direction. Such an orientation also provides a favorable modulus of elasticity in the longitudinal direction, beneficial to the fatigue performance of the part, Para[0004]. Therefore, it would be obvious to one of ordinary skill to incorporate the columnar grains of Hanlon into the turbine blade taught by Han in order to benefit the fatigue performance of the part making it more suitable for casting.
Thus, the teachings of Hanlon and Burbaum provide clear motivation to incorporate columnar grain structure into the alloy of Han.
Examiner’s Note
Examiner has attached a previously-cited foreign reference that was inadvertently omitted in the non-final action. Reference Included herein: GB2587635A
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JACOB BENJAMIN STILES whose telephone number is (571)272-0598. The examiner can normally be reached Monday-Friday 7:30am - 5:00pm.
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/JACOB BENJAMIN STILES/Examiner, Art Unit 1733
/VANESSA T. LUK/Primary Examiner, Art Unit 1733
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