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Claims 1-17 are pending wherein claims 3-17 are currently under examination and claims 1-2 are withdrawn from further consideration pursuant 37 CFR 1.142(b) as being drawn to a non-elected high-plasticity dual-phase high-entropy alloy having the formula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-xTix where x is in the range of 2.0 to 2.8. Applicant’s election of claims 3-17 was made without traverse in the Response filed on May 27, 2026. 4
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 3-17 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 phrase “high plasticity” in claims 3-17 is a relative phrase which renders the claim indefinite. The phrase “high plasticity” 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, 9-11 and 15 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Liu (Effects of C and Ti on Solidification Structure Refinement and Room-Temperature Tensile Properties of CrFeCoNi High Entropy Alloy).
In regard to claims 3-4 and 15, Liu discloses a method including previously prepared cobalt, chromium, iron, nickel and titanium raw materials and placing them in a water-cooled copper crucible inside a vacuum furnace with Cr3C-2 powder and melting using 300-400A current each sample being repeated five times and flipping each sample to ensure uniformity (2.2.2, the melting of the alloy). As such the repetition of melting would constitute a “pretreatment”. Additionally, Liu discloses adding 2.5 atomic percent titanium to the CrFeCoNi high entropy alloy and such that isoaxial crystals are formed (Summary of this chapter).
In regard to claims 9-11, Liu discloses a high purity argon gas (protective gas) to backfill the furnace (melting chamber) (2.2.2 melting the alloy).
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.
Claim 17 is rejected under 35 U.S.C. 103 as being unpatentable over Liu (Effects of C and Ti on Solidification Structure Refinement and Room-Temperature Tensile Properties of CrFeCoNi High Entropy Alloy).
With respect to the recitation “wherein x is 2.4” in claim 17, Liu teaches adding titanium in an amount of 2.5 atomic percent (Summary of this chapter). The Examiner notes that 2.5 atomic percent as disclosed by Liu would be close enough to 2.4 atomic percent titanium as claimed to establish prima facie obviousness. MPEP 2144.05 I.
Allowable Subject Matter
Claims 5-8, 12-14 and 16 are objected to as being dependent upon a rejected base claim, but would be allowable if the rejection under 35 U.S.C. 112(b) in claim 3 is remedied and rewritten in independent form including all of the limitations of the base claim and any intervening claims.
In regard to claim 5, Liu fails to disclose or adequately suggest subjecting nickel and chromium to pickling and ultrasonic cleaning and subjecting iron, titanium and cobalt to ultrasonic cleaning.
In regard to claim 12, Liu fails to specify subjecting the melting chamber to primary vacuumizing , and introducing a protective atmosphere until a pointer of a gas valve points to 0 MPa and then subjecting to second vacuumizing and introducing the protective atmosphere until the pointer of the gas valve points to -0.05 MPa.
In regard to claim 16, Liu fails to specify melting at a temperature of 1950 to 2050°C for 55 to 65 seconds each time.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The Examiner is not aware of additional pertinent prior art at this stage of prosecution.
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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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Curt Mayes can be reached at 571-272-1234. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JESSEE R ROE/Primary Examiner, Art Unit 1759
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