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 .
Priority
The pending application is a Divisional of US App. No. 17/609,965 filed November 9, 2021 (now abandoned), which is a 371 of PCT/KR220/007949 filed June 19, 2020. A copy of WO 2021/256587, the WIPO publication of PCT/KR220/007949, was received in the parent application.
Claim Status
This Office Action is in response to Applicant’s Claim Amendments filed July 30, 2024.
Claims Filing Date
July 30, 2024
Cancelled
1-3
Pending
4-7
Abstract Objection
The abstract of the disclosure is objected to because
It is more than 150 words.
A corrected abstract of the disclosure is required and must be presented on a separate sheet, apart from any other text. See MPEP § 608.01(b).
Applicant is reminded of the proper language and format for an abstract of the disclosure.
The abstract should be in narrative form and generally limited to a single paragraph on a separate sheet within the range of 50 to 150 words in length. The abstract should describe the disclosure sufficiently to assist readers in deciding whether there is a need for consulting the full patent text for details.
The language should be clear and concise and should not repeat information given in the title. It should avoid using phrases which can be implied, such as, “The disclosure concerns,” “The disclosure defined by this invention,” “The disclosure describes,” etc. In addition, the form and legal phraseology often used in patent claims, such as “means” and “said,” should be avoided.
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.
Claim 5 is 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.
Claim 5 lines 2-3 “a water cooling end temperature and a self-tempering temperature of 765 to 800 °C” renders the claim indefinite. It is unclear if 1) the water cooling end temperature is 765 to 800°C and the self-tempering temperature is 765 to 800°C or if 2) there is a water cooling end temperature and only the self-tempering temperature is 765 to 800°C. For the purpose of examination claim 5 is interpreted as only requiring the self-tempering temperature to be limited to 765 to 800°C as supported by applicant’s specification at 14:18-19 “a range of 765 to 800 °C of a recuperation temperature that is the self-tempering temperature in the QST”.
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.
Claims 4, 6, and 7 are rejected under 35 U.S.C. 103 as being unpatentable over Shimizu (JP H08-013083 machine translation) in view of Yokoyama (US 2015/0140358).
Regarding claim 4, Shimizu discloses a method for manufacturing section steel (fire-resistant steel for build structures) ([0001]), the method comprising the steps of:
(a) reheating a steel material comprising an overlapping composition ([0010]-[0011], [0013]-[0015], [0017]-[0023]) to 1200 to 1250°C (lower limit of 1050°C) ([0031]);
(b) hot-rolling the steel material so that a rolling end temperature becomes 910 to 950°C (850 to 950°C) ([0015], [0031]); and
(c) subjecting the hot-rolled steel material to QST (Quenching & Self-Tempering) treatment (accelerated cooling to 400 to 550°C) ([0015], [0032]).
In the case where the claimed ranges “overlap or lie inside ranges disclosed by the prior art” a prima facie case of obviousness exists. MPEP 2144.05(I).
The composition of Shimizu is silent to an amount greater than 0 and 0.012% by weight or less of N and an amount greater than 0 and 0.003% by weight or less of B.
Yokoyama discloses a steel material ([0001]) with an amount greater than 0 and 0.012% by weight or less of N (at most 0.01% N) ([0046]-[0047]) and an amount greater than 0 and 0.003% by weight or less of B (at most 0.0050%) ([0053]-[0054]).
It would have been obvious to one of ordinary skill in the art at the time of filing of the instant invention in the steel of Shimizu to include at most 0.01% N as an impurity that does not form coarse nitrides that deteriorate the stretch flangeability (Yokoyama [0046]-[0047]) and to include at most 0.0050% B to improve hardenability and strength, in particular increasing a hot rolling load (Yokoyama [0053]-[0054]). In the case where the claimed ranges “overlap or lie inside ranges disclosed by the prior art” a prima facie case of obviousness exists. MPEP 2144.05(I).
Element
Claim 4 wt%
Shimizu mass%
Shimizu
C
0.08 to 0.17
0.04 to 0.15
[0017]
Mn
0.50 to 1.60
0.50 to 1.60
[0018]
Si
0.10 to 0.50
0.05 to 0.50
[0017]
Cr
0.10 to 0.70
0.10 to 0.50
[0023]
Cu
Greater than 0 to 0.5
0.05 to 0.40
[0022]
Mo
0.30 to 0.70
0.10 to 0.40
[0019]
P
Greater than 0 to 0.02
0.020 or less
[0018]
S
Greater than 0 to 0.01
0.005 or less
[0018]
N
Greater than 0 to 0.012
-
-
B
Greater than 0 to 0.003
-
-
Ni
V
Nb
Ti
0.01 to 0.5
Ni: 0.05 to 0.40
V: 0.005 to 0.070
Nb: 0.005 to 0.050
Ti: 0.005 to 0.030
[0019]-[0022]
Fe
Remainder
Remainder
[0010]
Regarding claim 6, Shimizu discloses the method of claim 4 as cited above, wherein the section steel which has been subjected to the step (c) has a tensile strength of 490 to 620 MPa (490 to 610 N/mm2), a yield strength of 355 MPa or greater (295 N/mm2 or more), and a yield ratio of 0.8 or less at room temperature (80% or less), and a high-temperature yield strength of 273 MPa or greater at a temperature of 600 ° C (2/3 or more of the standard value at room temperature, 197 N/mm2 or more) ([0029], [0037]). In the case where the claimed ranges “overlap or lie inside ranges disclosed by the prior art” a prima facie case of obviousness exists. MPEP 2144.05(I).
Regarding claim 7, Shimizu discloses the method of claim 4 as cited above, wherein the step (b) comprises a step of hot-rolling the steel material so that a rolling start temperature becomes 1050 to 1100°C (heating to 1050°C or higher and completing hot rolling at 850 to 950°C reads on rolling start temperature between the heating temperature of 1050°C or higher and the completion temperature of 850 to 950°C, with examples heating to 1100 or 1150°C, hot rolling, then finishing between 890 and 935°C) ([0013], [0015], [0031], [0044], Table 5). In the case where the claimed ranges “overlap or lie inside ranges disclosed by the prior art” a prima facie case of obviousness exists. MPEP 2144.05(I).
Claims 4-7 are rejected under 35 U.S.C. 103 as being unpatentable over Yokoyama (US 2015/0140358).
Regarding claim 4, Yokoyama discloses a method for manufacturing section steel, the method comprising the steps of:
(a) reheating a steel material comprising an overlapping composition ([0019]-[0023], [0034]-[0058]) to 1200 to 1250°C (1100 to 1350°C) ([0075]-[0076]);
(b) hot-rolling the steel material so that a rolling end temperature becomes 910 to 950°C (850 to 980°C) ([0077]); and
(c) subjecting the hot-rolled steel material to QST (Quenching & Self-Tempering) treatment (primary cooling stop temperature with holding time) ([0078]-[0081]).
In the case where the claimed ranges “overlap or lie inside ranges disclosed by the prior art” a prima facie case of obviousness exists. MPEP 2144.05(I).
Element
Claim 4 wt%
Yokoyama
Yokoyama
C
0.08 to 0.17
0.01 to 0.20
[0036]-[0037]
Mn
0.50 to 1.60
0.01 to 1.30
[0040]-[0041]
Si
0.10 to 0.50
At most 0.50
[0038]-[0039]
Cr
0.10 to 0.70
At most 0.80
[0053]-[0054]
Cu
Greater than 0 to 0.5
At most 0.50
[0053]-[0054]
Mo
0.30 to 0.70
At most 0.50
[0053]-[0054]
P
Greater than 0 to 0.02
At most 0.05
[0042]-[0043]
S
Greater than 0 to 0.01
At most 0.01
[0044]-[0045]
N
Greater than 0 to 0.012
At most 0.01
[0046]-[0047]
B
Greater than 0 to 0.003
At most 0.0050
[0053]-[0054]
Ni
V
Nb
Ti
0.01 to 0.5
Ni: at most 0.50
V: at most 0.5
Nb: at most 0.1
Ti: 0.05 to 0.50
[0053]-[0054]
[0055]-[0056]
[0055]-[0056]
[0050]-[0051]
Fe
Remainder
Steel
[0019]
Regarding claim 5, Yokoyama discloses the method of claim 4 as cited above, wherein the QST (Quenching & Self-Tempering) treatment step has a water cooling end temperature and a self-tempering temperature of 765 to 800°C (primary cooling stop temperature of 650 to 800°C with holding time) ([0078]-[0081]). In the case where the claimed ranges “overlap or lie inside ranges disclosed by the prior art” a prima facie case of obviousness exists. MPEP 2144.05(I).
Regarding claim 6, Yokoyama discloses the method of claim 4 as cited above.
The section steel which has been subjected to the step (c) having a tensile strength of 490 to 620 MPa, a yield strength of 355 MPa or greater, and a yield ratio of 0.8 or less at room temperature, and a high-temperature yield strength of 273 MPa or greater at a temperature of 600°C have been considered and determined to recite properties, characteristics, or functions of the steel that result from the process recited in claim 4. The prior art discloses a composition and process that render obvious that recited in claim 1 (Yokoyama [0019]-[0023], [0034]-[0058], [0075]-[0081]) such that the claimed properties of the hot-rolled steel material subjected to QST (Quenched & Self-Tempering, primary cooling stop temperature with holding time) naturally flow from the disclosure of the prior art, including the section steel which has been subjected to the step (c) having a tensile strength of 490 to 620 MPa, a yield strength of 355 MPa or greater, and a yield ratio of 0.8 or less at room temperature, and a high-temperature yield strength of 273 MPa or greater at a temperature of 600°C
Regarding claim 7, Yokoyama discloses the method of claim 4 as cited above, wherein the step (b) comprises a step of hot-rolling the steel material so that a rolling start temperature becomes 1050 to 1100°C (slab reheating of 1100 to 1350°C and hot rolling with finish rolling at 850 to 980°C reads on a rolling start temperature between (1100 to 1350°C) and (850 to 980°C) ([0075]-[0081]). In the case where the claimed ranges “overlap or lie inside ranges disclosed by the prior art” a prima facie case of obviousness exists. MPEP 2144.05(I).
Related Art
Oka (JP H04-136118 machine translation)
Oka discloses a fire-resistant steel material for build structures (p. 1) with a composition that overlaps with that claimed (p. 2, Table 1) manufactured by heating to 1100 to 1200°C, hot roll finishing at 950 to 800°C, then cooling to a stop temperature of 750 to 500°C (p. 3, Table 2).
Suga (JP H06-240352 machine translation)
Suga discloses a 490 N/mm2 grade steel ([0001]) with a yield rate of 75% or less ([0003]) with an overlapping composition ([0005]-[0006], [0013]-[0024]) manufactured by finish rolling at 800 to 950°C ([0005], [0008]), accelerated cooling, then tempering at 550 to 650°C ([0007], [0009]-[0010]).
Chung ‘145 (KR 20200012145)
Chung ‘145, applicant’s related work, published February 5, 2020 discloses a section steel with a similar composition reheated to 1150 to 1250°C, hot rolled with an end temperature of 910 to 960°C, then subject to quenching and self-tempering (Abstract).
Chung ‘701 (KR 20200077701)
Chung ‘701, applicant’s related work, published July 1, 2020, discloses a shape (section) steel with a similar composition and properties (Abstract).
Contact Information
Any inquiry concerning this communication or earlier communications from the examiner should be directed to STEPHANI HILL whose telephone number is (571)272-2523. The examiner can normally be reached Monday, Wednesday-Friday 7am-12pm.
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/STEPHANI HILL/Examiner, Art Unit 1735
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