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 .
Election/Restrictions
Applicant’s election without traverse of Group I, Claim 1, in the reply filed on 7/27/2026 is acknowledged.
Claims 2-11 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected Group II, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 7/27/2026.
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.
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.
Claim(s) 1 is rejected under 35 U.S.C. 103 as being unpatentable over Jarvis et al. (US 2023/0080442).
With respect to Claim 1, Jarvis teaches an alloy with compositional ranges as follow ( ):
Claim 1 (mass%)
Jarvis (at%)
Jarvis, hypothetical example (at% and mass%)
Al
2.05-2.15
30-65 total*
1.05 at% (2.11 mass%)
Cr
20.5-20.65
30-65 total*
19.75 at% (20.59 mass%)
Ni
34.5-35.54
35-70
37.9 at% (35.01 mass%)
Ti
18.8-19.16
30-65 total*
16.8 at% (19.03 mass%)
La
1.05-1.15
30-65 total*
2.75 at% (1.07 mass%)
Fe
Balance
30-65 total*
22.85 at% (22.18 mass%)
*30-65 at% total of at least three elements selected from Sn, Nb, Ta, B, Cr, Ce, Fe, La, Nd, Sm, Gd, Ti, Zr, Mn, Hf, Si, P, Al, Y, and V.
Compositional ranges including zero are interpreted as optional elements. Jarvis teaches compositional ranges, when converted from atomic% to mass%, overlapping each of the instantly claimed ranges. The hypothetical example above is merely provided for comparison of the ranges as they are disclosed in differing units. It would have been obvious to one of ordinary skill in the art to select from the portion of the overlapping ranges. Overlapping ranges, in particular, where the ranges of a claimed composition overlap with the ranges disclosed in the prior art, have been held sufficient to establish a prima facie case of obviousness. MPEP § 2144.05.
Finally, with respect to the three relations (1), (2), and (3), the instantly claimed formulas fully depends on the composition of the alloy. It is well settled that there is no invention in the discovery of a general formula if it covers a composition described in the prior art. In the instant case, as the alloy of the prior art is capable of falling within the boundaries of the instantly claimed composition formulas, it would have been obvious to one of ordinary skill in the art to have selected any portion of the disclosed ranges which fall within the boundaries of the instantly claimed composition-based formulas because the reference discloses utility throughout the disclosed ranges. See also MPEP § 2144.05.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US 2019/0024225 and US 2018/0119255, drawn to high entropy alloys but failing to teach the instantly claimed composition.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOHN A HEVEY whose telephone number is (571)270-0361. The examiner can normally be reached Monday-Friday 9:00-5:30.
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, Keith Walker can be reached at 571-272-3458. 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.
/JOHN A HEVEY/ Primary Examiner, Art Unit 1735
Prosecution Insights