Prosecution Insights
Last updated: April 19, 2026
Application No. 18/562,583

FERRITIC STAINLESS STEEL

Non-Final OA §103
Filed
Nov 20, 2023
Examiner
WALCK, BRIAN D
Art Unit
1738
Tech Center
1700 — Chemical & Materials Engineering
Assignee
JFE Steel Corporation
OA Round
1 (Non-Final)
58%
Grant Probability
Moderate
1-2
OA Rounds
3y 3m
To Grant
85%
With Interview

Examiner Intelligence

Grants 58% of resolved cases
58%
Career Allow Rate
480 granted / 821 resolved
-6.5% vs TC avg
Strong +27% interview lift
Without
With
+26.8%
Interview Lift
resolved cases with interview
Typical timeline
3y 3m
Avg Prosecution
33 currently pending
Career history
854
Total Applications
across all art units

Statute-Specific Performance

§101
0.1%
-39.9% vs TC avg
§103
47.0%
+7.0% vs TC avg
§102
18.7%
-21.3% vs TC avg
§112
22.4%
-17.6% vs TC avg
Black line = Tech Center average estimate • Based on career data from 821 resolved cases

Office Action

§103
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 Rejections - 35 USC § 103 In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis ( i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status. 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. The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows: 1. Determining the scope and contents of the prior art. 2. Ascertaining the differences between the prior art and the claims at issue. 3. Resolving the level of ordinary skill in the pertinent art. 4. Considering objective evidence present in the application indicating obviousness or nonobviousness . This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention. Claim(s) 1-8 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 2020/0080181 A1 to Ichikawa et al (cited by applicant in IDS). Regarding claim s 1 -4 , Ichikawa discloses a ferritic stainless steel comprising the following composition ( Ichikawa, abstract, para [0058-0108] ), which overlaps the instantly claimed composition as follows, and additionally regarding claim 1 Ichikawa discloses a specific alloy (Ichikawa, Examples, para [0115-0125], Table 1, alloy 5) which lies close to the instantly claimed range as follows: Element Claimed wt % Ichikawa wt % Ichikawa 5 wt % Overlap s/Lies within? C 0.003-0.030 0-0.025 0.008 Yes/Yes Si 0.01-1.00 0.01-0.40 0.36 Yes/Yes Mn 0.05-0.30 0.05-1.5 0.11 Yes/Yes P 0-0.050 0-0.05 0.025 Yes/Yes S 0-0.020 0-0.01 0.008 Yes/Yes Cr 24.0-30.0 17.0-30.0 28.10 Yes/Yes Ni 1.50-3.00 >0.80-3.0 2.02 Yes/Yes Mo 1.00-3.00 1.10-3.0 1.93 Yes/Yes Al 0.001-0.020 0.001-0.10 0.011 Yes/Yes Nb 0.20-0.80 0.20-0.80 0.32 Yes/Yes N 0-0.030 0-0.025 0.007 Yes/Yes Cu Opt 0.01-1.00 Opt 0.01-1.0 ≤impurity Yes/No Co Opt 0.01-1.00 Opt 0.01-1.0 ≤impurity Yes/No W Opt 0.01-2.00 Opt 0.01-1.0 ≤impurity Yes/No Ti Opt 0.01-0.10 Opt 0.01-0.10 ≤impurity Yes/No V Opt 0.01-0.20 Opt 0.01-0.50 ≤impurity Yes/No Zr Opt 0.01-0.10 Opt 0.01-0.30 ≤impurity Yes/No Mg Opt 0.0005-0.0050 Opt 0.0003-0.003 ≤impurity Yes/No Ca Opt 0.0005-0.0050 Opt 0.0003-0.003 ≤impurity Yes/No B Opt 0.0005-0.0050 Opt 0.000 3 -0.005 ≤impurity Yes/No REM Opt 0.01-0.100 Opt 0.001-0.10 ≤impurity Yes/No Sn Opt 0.01-0.100 ≤impurity ≤impurity Yes/No Sb Opt 0.01-0.100 ≤impurity ≤impurity Yes/No Fe Balance Balance Balance Yes/Yes Ni-2( Si+Mn ) ≥0.00 >-3.00-2.88* 1.08 Yes/Yes Cr + 1.5Mo + Si + 1.5Nb – 2.5Ni ≤25.0 11.46-<34.1* 26.79 Yes/ No * calculated from composition ranges of Ichikawa 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 [R-5] ). It would have been obvious to one of ordinary skill in the art at the time the invention was made to select any portion of the disclosed ranges of Ichikawa including the instantly claimed because Ichikawa discloses the same utility throughout the disclosed ranges. Regarding claims 5-8, the stainless steel of Ichikawa is for an exhaust heat recovery device or an exhaust gas recirculation device in which at least one joint is assembled by brazing (Ichikawa, para [0018-0021]). Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to FILLIN "Examiner name" \* MERGEFORMAT BRIAN D WALCK whose telephone number is FILLIN "Phone number" \* MERGEFORMAT (571)270-5905 . The examiner can normally be reached FILLIN "Work Schedule?" \* MERGEFORMAT Monday-Friday 10 AM - 6:30 PM . Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, FILLIN "SPE Name?" \* MERGEFORMAT Sally Merkling can be reached at FILLIN "SPE Phone?" \* MERGEFORMAT 571-272-6297 . The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /BRIAN D WALCK/ Primary Examiner, Art Unit 1738
Read full office action

Prosecution Timeline

Nov 20, 2023
Application Filed
Mar 10, 2026
Non-Final Rejection — §103 (current)

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

1-2
Expected OA Rounds
58%
Grant Probability
85%
With Interview (+26.8%)
3y 3m
Median Time to Grant
Low
PTA Risk
Based on 821 resolved cases by this examiner. Grant probability derived from career allow rate.

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