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 Objections
Claim 1 is objected to because of the following informalities:
In claim 1, please change “wherein comprises following steps” to “comprising”;
In claim 1 step 1, please change “P at a end point” to “P at an end point”;
In claim 1 step 1, please change “390×510 mm or above continuous casting billets “ to “a 390×510 mm or above continuous casting billet” for consistency with the later claimed continuous casting billet.
Appropriate correction is required.
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 1-3 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 strength” in the preamble of claim 1 is a relative term which renders the claim indefinite. The term “high strength” 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. Though dependent claim 2 recites a yield and tensile strength, and the disclosure as filed suggests that steels meeting the yield and tensile strength limitations of claim 2 are considered high strength, it is not clear, in view of the disclosure as filed, whether or not applicant intends to limit “high strength” in claim 1 to the ranges recited in claim 2.
The term “resistance to low temperatures” in the preamble of claim 1 is a relative term which renders the claim indefinite. The term “resistance to low temperature” 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. It is not clear in view of the specification how low of a temperature, the claimed resistance to low temperature requires.
The rejections under 35 USC 112(b) regarding “high strength” and “resistance to low temperatures” may be overcome by deleting “having high strength and resistance to low temperatures” from the preamble of claim 1.
Claim 1 recites the limitation "the same chemical composition as the finished steel products" in step 1 of claim 1. There is insufficient antecedent basis for this limitation in the claim. It is not clear to what the finished products refer or what the composition of these products, which limits claim 1, may be. Claim 1 would be clearer if “with the same chemical composition as the finished steel products” were deleted from claim 1 step 1.
Claim 1 recites the limitation "the solidification process" in step 1. There is insufficient antecedent basis for this limitation in the claim. It is not clear which step is “the solidification process”. Please maintain consistent terminology within the claims when referring to the same limitations.
The term “light pressing” in claim 1 step 1 is a relative term which renders the claim indefinite. The term “light pressing” 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. It is not clear, in view of the specification how light the pressing must be in order to be considered “light” pressing or what pressure a pressure may attain before the pressing is too heavy to be considered “light” pressing. Please delete the word “light” from the limitation “light pressing”.
The terms “slowly cooled” in claim 1 step 2 (recited twice) and “slow cooling” in claim 1 step 2 (recited twice), are relative terms which render the claim indefinite. The term “slowly cooled” or “slow cooling” are 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. As the specification does not indicate a cooling rate which is or is not considered slow, it is not clear in view of the specification, how slow cooling must be in order to meet the claimed “slowly cooled” or “slow cooling” limitations. This point of uncertainty may be resolved by deleting “slowly” from both instances of the phrase “slowly cooled” and “slow” from both instances of “slow cooling”.
The term “weakly oxidative atmosphere” in claim 1 step 2 is a relative term which renders the claim indefinite. The term “weakly oxidative atmosphere” 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. It is not clear in view of the specification how oxidative the atmosphere must be in order to be considered “weakly” oxidative, and what is or is not weakly oxidative may be a subjective determination which varies from person to person. This ground of rejection may be overcome by changing “a weakly oxidative” to “an oxidative”.
The word “again” in the limitation “heating the intermediate billet again” in claim 1 step 3 raises uncertainty because claim 1 does not clearly require heating the specific intermediate product of the intermediate billet for a first time. Claim 1 step 2 obtains the intermediate billet as a result of the rolling following heating the continuous casting billet, not the intermediate billet. Please delete the word “again” from the limitation “heating the intermediate billet again”.
Claim 1 recites the limitation "the furnace" three times in step 4. There is insufficient antecedent basis for this limitation in the claim. Claim 1 step 1 introduces an electric furnace and claim 1 step 2 introduces a heating furnace, but neither of these furnaces appear to be “the furnace” to which claim 1 step 4 refers.
Claims 2 and 3 are rejected under 35 USC 112(b) because they depend on claim 1.
A broad range or limitation together with a narrow range or limitation that falls within the broad range or limitation (in the same claim) may be considered indefinite if the resulting claim does not clearly set forth the metes and bounds of the patent protection desired. See MPEP § 2173.05(c). In the present instance, claim 3 recites the broad recitation a diameter of 0.1-0.5 μm, and the claim also recites preferably 0.3-0.5 μm which is the narrower statement of the range/limitation. The claim(s) are considered indefinite because there is a question or doubt as to whether the feature introduced by such narrower language is (a) merely exemplary of the remainder of the claim, and therefore not required, or (b) a required feature of the claims.
Allowable Subject Matter
Claims 1-3 would be allowable if rewritten or amended 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.
The following is a statement of reasons for the indication of allowable subject matter:
Independent claim 1 claims a method of manufacturing spheroidizing-annealed steel. Claim 1 claims Step 1: preparing smelting raw materials according to the chemical composition of steel. Claim 1 claims the chemical composition of the steel in mass percentage is: C: 0.40-0.70%, Si: 1.20-1.80%, Mn: 1.00-1.60%, Cr: 0.80-1.20%, S: ≤0.025%, P≤0.025%, Ni: 0.10-0.60%, Cu: 0.30-0.80%, Mo: 0.10-0.40%, Al≤0.05%, Ca≤0.0010%, Ti≤0.003%, O≤0.0010%, As≤0.04%, Sn≤0.03%, Sb≤0.005%, Pb≤0.002%, a balance is Fe and unavoidable impurities. Claim 1 claims smelting raw materials by converter, refining and vacuum degassing in electric furnace or converting to obtain molten steel. Claim 1 claims that in a refining process of electric furnace or converter, a content of C at a smelting end point is controlled within 0.05-0.25%, and a content of P at an end point is less than 0.025%. Claim 1 claims molten steel is cast into 390×510 mm or above continuous casting billets by continuous casting process. Claim 1 claims a casting flow in some solidification process is subjected to electromagnetic stirring and pressing, and a superheat of continuous casting is 15-35° C. Claim 1 claims Step 2: the continuous casting billet is cooled in a pit, and a cooling lasts for not less than 48 hours. Claim 1 claims that then the continuous casting billet is sent to a heating furnace with a neutral atmosphere or an oxidative atmosphere for heating. Claim 1 claims then the continuous casting billet is rolled into an intermediate billet of 200 mm×200 mm to 300 mm×300 mm. Claim 1 specifies conditions of the rolling, in claiming a heating temperature of a continuous casting slab is 1000-1250° C., a heating time is more than 5 hours, in rolling a start rolling temperature is set at 1000° C.-1200° C., a final rolling temperature is ≥800° C., a compression ratio in rolling is greater than 5. Claim 1 claims that the intermediate billet obtained by rolling is cooled in a pit, a temperature of the intermediate billet entering the pit is ≥500° C., and the cooling lasts for ≥48 hours. Claim 1 claims Step 3: heating the intermediate billet and rolling into a target size. Claim 1 claims conditions for heating and rolling in step 3 by claiming: in a section of preheating, the heating temperature is 650-900° C, in a section of heating, the heating temperature is 1000-1250° C, and in a section of soaking, the heating temperature is 1000-1250° C, a total heating time is more than 2 hours; a start rolling temperature in rolling is 1000-1200°C, a final rolling temperature is ≥800° C. Claim 1 claims after the rolling is completed, stack cooling. Claim 1 claims Step 4: spheroidizing annealing a rolled product. Claim 1 specifies the spheroidizing annealing process is: firstly the rolled product is kept warm at 805±10° C [thereby setting definite bounds on what is or is not considered “warm”] for more than 7 hours; then the rolled product is cooled to 745°C±10°C by water-mist cooling, and kept warm at this temperature (745°C±10°C ) for more than 5 hours; then the rolled product is cooled to 690±10° C. in the furnace, and kept warm at this temperature (690±10° C) for more than 4.5 hours; finally the rolled product is cooled to 500±10° C. Claim 1 claims Step 5: straightening and detecting the rolled product after spheroidizing annealing, so as to obtain a qualified product.
The present application is a continuation of PCT/CN2022/120821. The international searching authority identified CN110484837A, cited in the IDS filed April 11, 2024. Present claim 1 differs from CN110484837A in several aspects. Notably, CN110484837A discloses Si: 0.15 to 0.40% and does not disclose spheroidizing annealing. Claim 1 defines over CN110484837A at least in claiming Si: 1.20-1.80% and claiming the spheroidizing annealing conditions set forth in step 4 of claim 1.
The searching authority further relies on a secondary reference CN107747034A, cited in the IDS filed April 11, 2024, to support the showing of a lack of inventive step; however, this reference teaches Si: 0.15~0.35, and the parameters of the spheroidizing annealing, notably the holding at the intermediate cooled temperatures and the cooling mechanism differ from those recited in claim 1. Present claim 1 defines over CN107747034A and over CN110484837A in view of CN107747034A at least in claiming Si: 1.20-1.80% and claiming the conditions set forth in step 4 of claim 1.
WO2014121836A1 discloses a steel with overlapping/encompassing amounts of C, Si, and Mn. The reference also performs spheroidization annealing on a comparative example (Fig. 2c). The steel of this reference comprises significantly more Al than the presently claimed steel, and the annealing conditions disclosed are very different from those of claim 1 step 4. Claim 1 defines over WO2014121836A1 at least in claiming Al≤0.05% and claiming the conditions set forth in step 4 of claim 1.
US20140242416 discloses a composition which overlaps/encompasses amounts recited in claim 1 [0023-48]. The annealing conditions [0053], [0129] and microstructure [0033-38] disclosed by the reference are very different from those of the presently claimed steel. Claim 1 defines over US20140242416 at least in claiming the conditions set forth in claim 1 step 4.
JP2010222604A a steel with overlapping compositions, but the reference sets annealing conditions to deliberately avoid spheroidization. Claim 1 defines over JP2010222604A at least in claiming a method of manufacturing spheroidizing-annealed steel, and claiming the conditions set forth in claim 1 step 4.
JP2018178228A, JP2004292929A, and JP2003306741A each discloses a similar composition to the composition set forth in claim 1 but a different production method from that set forth in claim 1. Claim 1 defines over JP2018178228A, JP2004292929A, and JP2003306741A at least in claiming the conditions set forth in claim 1 steps 2-4.
Claims 2 and 3 depend on claim 1. Dependent claims define over the prior art at least for the reasons given above with respect to claim 1.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SEAN P O'KEEFE whose telephone number is (571)272-7647. The examiner can normally be reached MR 8:00-6:30.
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/SEAN P. O'KEEFE/ Examiner, Art Unit 1738
/SALLY A MERKLING/ SPE, Art Unit 1738
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