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 Status
Claims 1-4 are currently pending.
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) 1-4 are rejected under 35 U.S.C. 103 as being unpatentable over Igarashi et al. (US 2007/0175547).
With respect to Claim 1, Igarashi teaches an alloy material, in particular, an alloy pipe, the alloy material having a composition, in mass%, as follows (para. 62-131):
Claim 1
Igarashi
C
0.005-0.020
≤ 0.04
Si
0.05-0.50
≤ 0.50
Mn
0.05-1.00
0.01-6.0
P
≤ 0.030
≤ 0.03
S
≤ 0.010
≤ 0.01
Cu
1.5-3.0
0.01-1.5
Ni
35.0-50.0
30-45
Cr
20.0-30.0
20-30
Mo
2.5-4.0
0-10*
Co
0.01-0.80
0.3-5.0**
W
0.01-0.30
0-20*
Ca
≤ 0.0050
0.0001-0.010**
N
0.001-0.015
0.0005-0.20
Al
≤ 0.20
≤ 0.10
B
≤ 0.0030
0.0001-0.158**
Sn
≤ 0.050
-
Ti
0.40-0.90
0.001-1.0**
Nb
0-0.150
0.001-0.3**
V
0-0.150
0.001-0.3**
Zr
0-0.150
0.001-1.0**
Hf
0-0.150
0.001-1.0**
Ta
0-0.150
0.001-1.0**
Fe
Balance with impurities
Balance
*Where Mo+ 0.5*W is 1.5% to 10%
**optional element
Compositional ranges including zero are interpreted as optional elements. Thus, Igarashi teaches an alloy material with compositional ranges overlapping each of the instantly required ranges and that does not require any elements outside those recited in the closed composition (“consisting of” transitional phrase). 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.
Furthermore, with respect to the recited total content of Ti, Nb, V, Zr, Hf and Ta, as the reference teaches compositional ranges of each element overlapping the instantly claimed ranges, the compositional-based relationship is prima facie obvious based on the encompassing teachings of the prior art. MPEP § 2144.05.
With respect to the claimed “number density of nitrogen-containing precipitates,” the limitation does not require the presence of such precipitates. Igarashi teaches selecting a silicon content to suppress the formation of grain boundary carbide precipitates in the grain boundaries in order to improve the ductility, toughness, and corrosion resistance of the alloy material. (para. 69). As the reference specifically identifies grain boundary precipitates, but does not include nitrogen-containing precipitates, it is interpreted to teach an alloy free or substantially free of nitrogen-containing precipitates falling within the claimed limitation. Moreover, as the reference is drawn to suppressing the formation of grain boundary precipitates, it would have been obvious to one of ordinary skill in the art to suppress/eliminate the formation of all grain-boundary precipitates, including nitrogen-containing precipitates, in order to improve the ductility, toughness, and corrosion resistance of the alloy material.
Alternatively, as the reference is drawn to an alloy material having substantially overlapping composition and used for the same purpose (useful for forming a pipe, see rejection of claims 3-4 below), it would necessarily be expected to result in the same properties, including the claimed number density of nitrogen-containing precipitates. See MPEP 2112.01.
With respect to Claim 2, Igarashi teaches an alloy material having compositional ranges of Nb, V, Zr, Hf, and Ta overlapping the instantly claimed ranges. (see rejection of claim 1 above). It would have been obvious to one of ordinary skill in the art to select from the portions 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.
With respect to Claims 3-4, Igarashi teaches wherein the alloy material is in the form of a pipe, meeting the instant claims. (para. 49-50, 61, 132).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US 2023/0349027 drawn to a related application having overlapping composition, but silent as to number density of nitrogen-containing precipitates as instantly claimed.
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