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 .
Drawings
The subject matter of this application admits of illustration by a drawing to facilitate understanding of the invention. Applicant is required to furnish a drawing under 37 CFR 1.81(c). No new matter may be introduced in the required drawing. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). Also see PCT Article 7(2)(ii).
Claim Rejections - 35 USC § 102
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 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.
Claim(s) 1, 3, and 4 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Jeong et al. (KR 2019/0050926).
Regarding claim 1, Jeong discloses a manufacturing method for an austenitic welded steel tube, the method comprising: forming an austenitic steel sheet into a tubular shape to form a butted portion; and providing a welded steel tube by welding the butted portion with a heat input of 4.3 kJ/mm or less. (para. [0026], [0033] and [0057], claim 1, and table1)
Regarding claim 3, Jeong further discloses the manufacturing method for an austenitic welded steel tube of claim 1, wherein a forming method of the austenitic steel sheet is any one selected from a spiral forming method, a UOE pressing method, a roll bending method, and a JCO forming method. (para. [0033])
Regarding claim 4, Jeong further discloses the manufacturing method for an austenitic welded steel tube of claim 1, wherein a welding method of the butted portion is one or more arc welding selected from shield metal arc welding (SMAW), gas metal arc welding (GMAW), gas tungsten arc welding (GTAW), flux cored arc welding (FCAW) and sub-merged arc welding (SAW), or is electric resistance welding (ERW). (para. [0041])
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.
Claim(s) 2 is/are rejected under 35 U.S.C. 103 as being unpatentable over Jeong in view of Kang et al. (KR 20170035563).
Regarding claim 2, Jeong further discloses the manufacturing method for an austenitic welded steel tube of claim 1, but fails to disclose wherein the austenitic steel sheet comprises, by wt %, C: 0.6 to 1.3%, Si: 0.1 to 1.0%, Mn: 11 to 28%, Cr: 5.0% or less (including 0%), P: 0.025% or less, S: 0.025% or less, and a balance of Fe and unavoidable impurities, stacking fault energy (SFE) defined by the following Relational Expression 1 satisfies a range of 10 to 40 mJ/m.sup.2, and a microstructure includes austenite in an amount of 80 area % or more, Stacking Fault Energy (SFE)=-24.9+0.814*[Mn] +44.3*[C]-0.62*[Si] +1.06*[Cu]+7.9*[Al]-0.555*[Cr] where [Mn], [C], [Si], [Cu], [Al], and [Cr] denote the contents (wt %) of Mn, C, Si, Cu, Al, and Cr included in the steel sheet, respectively, and when the component is not included, 0 is substituted.
Kang teaches a method comprising wherein the austenitic steel sheet comprises, by wt %, C: 0.6 to 1.3%, Si: 0.1 to 1.0%, Mn: 11 to 28%, Cr: 5.0% or less (including 0%), P: 0.025% or less, S: 0.025% or less, and a balance of Fe and unavoidable impurities, stacking fault energy (SFE) defined by the following Relational Expression 1 satisfies a range of 10 to 40 mJ/m.sup.2, and a microstructure includes austenite in an amount of 80 area % or more, Stacking Fault Energy (SFE)=-24.9+0.814*[Mn] +44.3*[C]-0.62*[Si]+1.06*[Cu]+7.9*[Al]-0.555*[Cr] where [Mn], [C], [Si], [Cu], [Al], and [Cr] denote the contents (wt %) of Mn, C, Si, Cu, Al, and Cr included in the steel sheet, respectively, and when the component is not included, 0 is substituted. (para. [0037], [0040], [0041])
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the application to modify the austenitic steel sheet of Kang to comprise by wt %, C: 0.6 to 1.3%, Si: 0.1 to 1.0%, Mn: 11 to 28%, Cr: 5.0% or less (including 0%), P: 0.025% or less, S: 0.025% or less, and a balance of Fe and unavoidable impurities, stacking fault energy (SFE) defined by the following Relational Expression 1 satisfies a range of 10 to 40 mJ/m.sup.2, and a microstructure includes austenite in an amount of 80 area % or more, Stacking Fault Energy (SFE)=-24.9+0.814*[Mn] +44.3*[C]-0.62*[Si]+1.06*[Cu]+7.9*[Al]-0.555*[Cr] where [Mn], [C], [Si], [Cu], [Al], and [Cr] denote the contents (wt %) of Mn, C, Si, Cu, Al, and Cr included in the steel sheet, respectively, and when the component is not included, 0 is substituted as taught by Kang in order to provide an austenitic steel sheet having high strength, excellent impact toughness at ultra-low temperatures, and excellent performance of pipe expansion. (Abstract)
Claim(s) 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Jeong in view of Lee et al. (KR 20140081586 A).
Regarding claim 5, Jeong discloses an austenitic welded steel tube, comprising: a welded steel tube base material portion in which austenite is a base structure; and a welded portion connecting both ends of the welded steel tube base material portion to each other (para. [0033] and [0046]), but fails to disclose wherein a maximum crack length of hot cracks formed in the welded portion is 0.5 mm or less.
Lee teaches an austenitic welded steel tube comprising wherein a maximum crack length of hot cracks formed in the welded portion is 0.5 mm or less. (para. [0026] and [0057]; and table 1)
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the application to modify the austenitic welded steel tube of Jeong such that a maximum crack length of hot cracks formed in the welded portion is 0.5 mm or less as taught by Lee in order to provide austenitic welded steel tube that is excellent in machinability and ductility. (para. [0001])
Claim(s) 6 and 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Jeong in view of Lee and Kang.
Regarding claim 6, Jeong further discloses the austenitic welded steel tube of claim 5, but fails to disclose wherein the welded steel tube base material portion comprises, by wt %, C: 0.6 to 1.3%, Si: 0.1 to 1.0%, Mn: 11 to 28%, Cr: 5.0% or less (including 0%), P: 0.025% or less, S: 0.025% or less, and a balance of Fe and unavoidable impurities, stacking fault energy (SFE) defined by the following Relational Expression 1 satisfies a range of 10 to 40 mJ/m.sup.2, and a microstructure includes austenite in an amount of 80 area % or more, Stacking Fault Energy (SFE)=-24.9+0.814*[Mn]+44.3*[C]-0.62*[Si]+1.06*[Cu]+7.9*[Al]-0.555*[Cr] where [Mn], [C], [Si], [Cu], [Al], and [Cr] denote the contents (wt %) of Mn, C, Si, Cu, Al, and Cr included in the welded steel tube base material portion, respectively, and when the component is not included, 0 is substituted.
Kang teaches an austenitic welded steel tube comprising , by wt %, C: 0.6 to 1.3%, Si: 0.1 to 1.0%, Mn: 11 to 28%, Cr: 5.0% or less (including 0%), P: 0.025% or less, S: 0.025% or less, and a balance of Fe and unavoidable impurities, stacking fault energy (SFE) defined by the following Relational Expression 1 satisfies a range of 10 to 40 mJ/m.sup.2, and a microstructure includes austenite in an amount of 80 area % or more, Stacking Fault Energy (SFE)=-24.9+0.814*[Mn]+44.3*[C]-0.62*[Si]+1.06*[Cu]+7.9*[Al]-0.555*[Cr] where [Mn], [C], [Si], [Cu], [Al], and [Cr] denote the contents (wt %) of Mn, C, Si, Cu, Al, and Cr included in the welded steel tube base material portion, respectively, and when the component is not included, 0 is substituted. (para. [0037], [0040], and [0041]).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the application to modify the austenitic welded steel tube of Kang to comprise by wt %, C: 0.6 to 1.3%, Si: 0.1 to 1.0%, Mn: 11 to 28%, Cr: 5.0% or less (including 0%), P: 0.025% or less, S: 0.025% or less, and a balance of Fe and unavoidable impurities, stacking fault energy (SFE) defined by the following Relational Expression 1 satisfies a range of 10 to 40 mJ/m.sup.2, and a microstructure includes austenite in an amount of 80 area % or more, Stacking Fault Energy (SFE)=-24.9+0.814*[Mn] +44.3*[C]-0.62*[Si]+1.06*[Cu]+7.9*[Al]-0.555*[Cr] where [Mn], [C], [Si], [Cu], [Al], and [Cr] denote the contents (wt %) of Mn, C, Si, Cu, Al, and Cr included in the steel sheet, respectively, and when the component is not included, 0 is substituted as taught by Kang in order to provide an austenitic steel sheet having high strength, excellent impact toughness at ultra-low temperatures, and excellent performance of pipe expansion. (Abstract)
Regarding claim 7, Jeong further discloses the austenitic welded steel tube of claim 5, wherein during a wear resistance test specified in ASTM G65, a wear amount of the welded steel tube is 4 g or less. (para. [0054] and table 4 as taught by Lee)
Conclusion
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/PAUL J GRAY/Primary Examiner, Art Unit 3753
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