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 Interpretation
The limitation “the temperature” in claim 1 step (5) will be interpreted as the temperature of 1,300°C to 1,700°C recited earlier in claim 1 step (5) as this temperature is the only temperature recited in claim 1 step (5) and an interpretation of “the temperature” as one of the temperatures recited in steps (3) or (4) would not be a reasonable interpretation.
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 1-10 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 “fine-grained” in each of claims 1-10 is a relative term which renders the claim indefinite. The term “fine grained” 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. Paragraph [0014] of the specification as filed states “[t]he high-strength and high-toughness fine-grained molybdenum alloy prepared by the preparation method has a grain size of 0.5 μm to 5 μm”; however, it is not clear in view of the specification, if applicant intends the term “fine-grained” recited in each of claims 1-10 to require a grain size of 0.5 µm to 5.0 µm.
The term “an appropriate amount of distilled water” in claim 1 step (2) is a relative term which renders the claim indefinite. The term “an appropriate amount of distilled water” 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. What is considered an “appropriate” amount depends on the application and the subjective determination of the person adding powder to the water. This limitation would be more clearly set forth if the word “appropriate” were deleted.
The term “stirring thoroughly” in claim 1 step (2) is a relative term which renders the claim indefinite. The term “stirring thoroughly” 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, what degree of stirring (rotation speed, stirring duration) is necessary in order for that stirring to be considered thorough.
The term “low-temperature drying” in claim 1 step (2) is a relative term which renders the claim indefinite. The term “low-temperature drying” 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 claims or the specification how low a temperature in the drying must be in order for that drying to be considered low-temperature drying. Note that the limitations “low-temperature reduction” and “low-temperature sintering” are definite because the claims and specification set forth clear limits on the temperatures encompassed by the reduction and sintering steps.
In claim 1 step (3) placement of 3-8 within parentheses in the limitation “a hydrogen flow rate of (3-8) m3/h” raises uncertainty as to whether the claim requires a hydrogen flow rate in the range of 3-8 m3/h or if the 3-8 m3/h is merely provided as a suggestion. If applicant intends claim 1 to require a hydrogen flow rate of 3-8 m3/h, please delete the parentheses from the limitation.
Similarly, in claim 1 step (3) placement of 15-20 within parentheses in the limitation “a hydrogen flow rate of (15-20) m3/h” raises uncertainty as to whether the claim requires a hydrogen flow rate in the range of 15-20 m3/h or if the 15-20 m3/h is merely provided as a suggestion. If applicant intends claim 1 to require a hydrogen flow rate of 15-20 m3/h, please delete the parentheses from the limitation.
The term “high-temperature and large-deformation thermoplastic processing” in claim 1 step (5) is a relative term which renders the claim indefinite. The term “high-temperature and large-deformation thermoplastic processing” 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 high a temperature and how large the deformation must be in order for the thermoplastic processing to be considered “high-temperature and large-deformation thermoplastic processing”. The limitations recited in dependent claim 5, if recited in claim 1 would sufficiently define what is intended by “large-deformation” but claim 5 does not resolve the uncertainty regarding “high-temperature” plastic processing.
Claims 2-10 are rejected under 35 USC 112(b) because they depend on claim 1.
The term “high-temperature compressive strength” in claim 7 is a relative term which renders the claim indefinite. The term “high-temperature compressive 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. Paragraphs [0061], [0072], and [0082] measure high temperature compressive strength at
1,100
°
C, while paragraph [0085] suggests high-temperature compressive strength is measured at
1,000
°
C. Compressive strength measurements produce different values at different temperatures, and it cannot be determined, in view of the specification, at which temperature, the claimed high-temperature compressive strength is measured.
Claim 10 states “The preparation method of an in-situ autogenous nano oxide- and carbide-synergistically toughened fine-grained molybdenum alloy according to claim 1, wherein an in-situ autogenous nano oxide- and carbide-synergistically toughened fine-grained tungsten alloy is prepared by replacing the ammonium molybdate with ammonium metatungstate or ammonium paratungstate according to the preparation method; alternatively, an in-situ autogenous nano oxide- and carbide-synergistically toughened fine-grained copper alloy is prepared by replacing the ammonium molybdate with copper nitrate; alternatively, an in-situ autogenous nano oxide- and carbide-synergistically toughened fine-grained nickel alloy is prepared by replacing the ammonium molybdate with nickel nitrate.” As an in-situ autogenous nano oxide- and carbide-synergistically toughened fine-grained molybdenum alloy is not an in-situ autogenous nano oxide- and carbide-synergistically toughened fine-grained tungsten alloy, an in-situ autogenous nano oxide- and carbide-synergistically toughened fine-grained copper alloy, or an in-situ autogenous nano oxide- and carbide-synergistically toughened fine-grained nickel alloy, it is not clear what claim 10 encompasses.
The following is a quotation of 35 U.S.C. 112(d):
(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph:
Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
Claims 8-10 are rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends.
Claim 8 claims “[t]he preparation method of an in-situ autogenous nano oxide- and carbide-synergistically toughened fine-grained molybdenum alloy according to claim 1, wherein the aluminum nitrate in step (1) is replaced with any one or more selected from the group consisting of lanthanum nitrate, chromium nitrate, zirconium nitrate, and yttrium nitrate”. Claim 8 depends on claim 1. Claim 1 claims “(1): fully dissolving a certain amount of aluminum nitrate and urea…”. A claim which replaces the aluminum nitrate with any one or more selected from the group consisting of lanthanum nitrate, chromium nitrate, zirconium nitrate, and yttrium nitrate cannot meet the step of “fully dissolving a certain amount of aluminum nitrate and urea…”. Claim 8, therefore, fails to include all the limitations of the claim on which it depends.
Claim 9 claims “The preparation method of an in-situ autogenous nano oxide- and carbide-synergistically toughened fine-grained molybdenum alloy according to claim 1, wherein the Ti3AlC2 in step (2) is replaced with any one or more selected from the group consisting of Zr3AlC2, Si3AlC2, Hf3AlC2, Zr2AlC, Si2AlC, Hf2AlC2, Zr4AlC3, Si4AlC3, and Hf4AlC3”. Claim 9 depends on claim 1. Claim 1 claims “(2): adding a certain amount of ammonium molybdate and a Ti3AlC2 powder…”. A claim which replaces the Ti3AlC2 with any one or more selected from the group consisting of Zr3AlC2, Si3AlC2, Hf3AlC2, Zr2AlC, Si2AlC, Hf2AlC2, Zr4AlC3, Si4AlC3, and Hf4AlC3 cannot meet the step of “(2): adding a certain amount of ammonium molybdate and a Ti3AlC2 powder…”. Claim 9, therefore, fails to include all limitations of the claim on which it depends.
Claim 10 claims “The preparation method of an in-situ autogenous nano oxide- and carbide-synergistically toughened fine-grained molybdenum alloy according to claim 1, wherein an in-situ autogenous nano oxide- and carbide-synergistically toughened fine-grained tungsten alloy is prepared by replacing the ammonium molybdate with ammonium metatungstate or ammonium paratungstate according to the preparation method; alternatively, an in-situ autogenous nano oxide- and carbide-synergistically toughened fine-grained copper alloy is prepared by replacing the ammonium molybdate with copper nitrate; alternatively, an in-situ autogenous nano oxide- and carbide-synergistically toughened fine-grained nickel alloy is prepared by replacing the ammonium molybdate with nickel nitrate.” Claim 1 claims “(2): adding a certain amount of ammonium molybdate and a Ti3AlC2 powder…”. A claim which replaces ammonium molybdate with one of ammonium metatungstate, copper nitrate, or nickel nitrate cannot meet the step of ““(2): adding a certain amount of ammonium molybdate and a Ti3AlC2 powder…”; therefore, claim 10 fails to include all the limitations of the claim on which it depends.
Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements.
Allowable Subject Matter
Claims 1-7 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 preparation method of an in-situ autogenous nano oxide- and carbide-synergistically toughened molybdenum alloy. Claim 1 claims fully dissolving an amount of aluminum nitrate and urea in water, thereby defining over a step of suspending the aluminum nitrate and urea or processing the mixture before aluminum nitrate and urea are fully dissolved. Claim 1 claims pouring a resulting mixed system into a polytetrafluoroethylene (PTFE) lining of a stainless steel hydrothermal reactor, thereby defining over reactors of different materials. Claim 1 claims locking the stainless steel hydrothermal reactor to allow a hydrothermal reaction at 180°C to 200°C in a drying oven to obtain an alumina precursor solution. Claim 1 claims adding an amount of ammonium molybdate and a Ti3AlC2 powder into distilled water. Claim 1 claims adding the alumina precursor solution, stirring, conducting suction filtration and drying in sequence to obtain a mixture. Claim 1 claims pulverizing the mixture to obtain a pulverized powder. Claim 1 claims subjecting the pulverized powder to low-temperature reduction and high-temperature reduction in an atmosphere of reducing gas of hydrogen. Claim 1 sets forth what is intended as low-temperature and high-temperature reduction in claiming the low-temperature reduction is conducted at 400°C to 600°C under a hydrogen flow rate for 8 h to 25 h with a powder spreading height that is less than or equal to ½ of a volume of the stainless steel hydrothermal reactor; and the high-temperature reduction is conducted at 800°C to 1,000°C under a hydrogen flow rate for 8 h to 25 h with a powder spreading height that is less than or equal to ½ of the volume of the stainless steel hydrothermal reactor. In reciting “the stainless steel hydrothermal reactor” in claim 1 step (3), claim 1 links the amount subjected to reduction in step (3) to at least the reactor introduced in step (1). Claim 1 claims loading a precursor powder into a graphite mold, and placing the graphite mold in a discharge plasma sintering furnace to allow low-temperature sintering to obtain a molybdenum alloy billet. Claim 1 sets forth what is intended by low-temperature sintering in claiming the sintering comprises: heating to T1 at 50°C/min to 100°C/min under 20 MPa to 50 MPa, holding at the T1 for 0 min to 3 min, cooling down by 50°C to 200°C to T2, and holding at the T2 for 15 min to 30 min; and the T1 is 1,300°C to 1,900°C, T2=T1−ΔT, and the ΔT is 50°C to 200°C. The claimed conditions for T1 and T2 clearly set forth what is or is not considered low-temperature sintering. Claim 1 claims heating the molybdenum alloy billet to a temperature of 1,300°C to 1,700°C under a protective atmosphere. Claim 1 claims holding the temperature for 30 min to 60 min, and conducting thermoplastic processing. Claim 1 claims annealing a processed molybdenum alloy billet in a protective atmosphere to obtain a high-strength and high-toughness fine-grained molybdenum alloy.
CN114351095A, cited in the IDS filed March 22, 2024, was published prior to the earliest effective filing date of the present invention and names at least one inventor who is not listed as an inventor of the present application. CN114351095A is the closest prior art reference of record to present claim 1. CN114351095A discloses dissolving a certain amount of aluminum nitrate and urea in water, pouring a resulting mixed system into a polytetrafluoroethylene (PTFE) lining of a stainless steel hydrothermal reactor, and allowing a hydrothermal reaction to obtain an alumina precursor solution. CN114351095A discloses adding the alumina precursor solution to an aqueous suspension of ammonium molybdate. CN114351095A does not disclose adding Ti3AlC2 powder to the ammonium molybdate suspension, let alone a carbide powder. Present claim 1 defines over CN114351095A at least in claiming a preparation method of an in-situ autogenous nano oxide- and carbide-synergistically toughened molybdenum alloy comprising adding an amount of ammonium molybdate and a Ti3AlC2 powder into distilled water.
CN113667854A, cited in the IDS filed March 22, 2024, teaches strengthening a molybdenum alloy by mixing Ti3AlC2 powder with molybdenum powder and tungsten by ball milling, then sintering and post-processing into an alloy. The reference does not suggest that the MAX powder may be added in an aqueous phase to a molybdate compound or combining with an alumina precursor solution. Claim 1 defines over CN113667854A and over CN114351095A in view of CN113667854A at least in claiming a preparation method of an in-situ autogenous nano oxide- and carbide-synergistically toughened molybdenum alloy comprising a step to obtain an alumina precursor solution, adding an amount of ammonium molybdate and a Ti3AlC2 powder into distilled water, and adding the alumina precursor solution.
CN109468483A discloses a preparation method of an in-situ nano oxide-toughened molybdenum alloy. This reference forms a precursor solution from aluminum nitrate and ammonium molybdate. The reference then adds carbon (as graphite) and titanium hydride by a powder mixer. The reference does not teach providing titanium or carbon as Ti3AlC2 or some other MAX phase powder. Claim 1 defines over CN109468483A at least in claiming a preparation method of an in-situ autogenous nano oxide- and carbide-synergistically toughened molybdenum alloy comprising adding an amount of ammonium molybdate and a Ti3AlC2 powder into distilled water.
Each of Wei (Wei, Sichen, et al. "Dual-phase MoS2/MXene/CNT ternary nanohybrids for efficient electrocatalytic hydrogen evolution." npj 2D Materials and Applications 6.1 (2022): 25); CN115624983A, and CN115041027A discloses making a composite powder from reacting a solution comprising ammonium molybdate and Ti3C2, of which CN115041027A discloses that that Ti3C is formed by selectively etching Ti3AlC2. The references do not disclose that the product is oxide-reinforced and considering these references deliberately supply Ti3C2 as opposed to Ti3AlC2, claim 1 defines over Wei (Wei, Sichen, et al. "Dual-phase MoS2/MXene/CNT ternary nanohybrids for efficient electrocatalytic hydrogen evolution." npj 2D Materials and Applications 6.1 (2022): 25); CN115624983A, or CN115041027A at least in claiming the specific steps and materials recited in steps (1) and (2).
Claims 2-7 properly depend on claim 1, and include all limitations of claim 1. Claims 2-7 define over the prior art for at least the reasons given above with respect to claim 1. Such analysis cannot be extended to claims 8-10 because claims 8-10 do not include all limitations of the claim on which they depend.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
CN113862540A discloses producing a MAX-phase carbide-reinforced molybdenum alloy, wherein feed material is formed by ball milling a mixture of Molybdenum powder and Mo2TiAlC2 powder.
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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