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 .
This application is a 371 of PCT/JP2023/012705 03/28/2023, with FOREIGN APPLICATIONS: JAPAN 2022-057541 03/30/2022, and JAPAN 2022-132805 08/23/2022.
DETAILED ACTION
Claims 1-8 remain for examination, wherein claim 1 is an independent claim.
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.
Claim(s) 1-8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Oda et al (JP 2011246810 A, with on-line translation, listed in IDS filed on 6/10/2026, thereafter JP’810).
Regarding claims 1-2, JP’810 teaches a non-oriented electrical steel sheet that effectively suppresses deterioration of iron loss due to compressive stress applied to the non-oriented electrical steel sheet without causing a decrease in magnetic flux density, and a motor core using the same (Abstract and examples of JP’810). The comparison between the claimed alloy composition ranges and the example #7 in table 1-1 of JP’810 is listed in following table. All of the essential alloy composition ranges disclosed by the example #7 in table 1-1 of JP’810 are within the claimed alloy composition ranges. Since example #7 including all of the essential alloy composition as claimed in the instant claims, which meets the “consisting of” language as claimed in the instant claim 1. 53 mm grain size disclosed by the example #7 in table 1-1 of JP’810 reads on the claimed grain size as claimed in the instant claim 1.
Still regarding claim 1 and regarding claims 3-6, the claimed integration degree at ¼ of the sheet thickness in sheet thickness direction from the surface of steel sheet as claimed in the instant claims are recognized as material features fully depended on the alloy composition and manufacturing process. JP’810 teaches applying the same steel sheet manufactured by the similar rolling, coiling, and annealing process for the same motor core application (par.[0050]-[0056] of JP’810). The hot-coiling temperature and final annealing temperature disclosed by JP’810 read on the process parameters as disclosed by the instant invention (par.[0190] and [0202] of US-PG-pub 2025/0207231 A1—corresponding to the instant specification), therefore, the claimed integration degree at ¼ of the sheet thickness in sheet thickness direction from the surface of steel sheet as claimed would be highly expected in the steel sheet of JP’810. MPEP 2112 01 and 2145 II. Actually, JP’810 indicates that “A non-oriented electrical steel sheet is disclosed in which the X-ray random intensity ratio of the crystal {111} plane in the steel sheet is set to 2.5 or more and 10.0 or less to reduce iron loss deterioration under compressive stress.” (par.[0004] of JP’810), which overlaps the claimed integration degree, which creates a prima facie case of obviousness. MPEP 2144 05 I. Therefore, it would have been obvious to one of ordinary skill in the art at the time the invention was made to optimize the integration degree from the disclosure of JP’810 since JP’810 teaches the same non-oriented electrical steel sheet as claimed throughout whole disclosing range.
Element
From instant Claims 1-2 (mass%)
Example #7 in table 1-1 of JP’810 (mass%)
within range
(mass %)
C
0.006 or less
0.0012
0.0012
Si
1-5
3.2
3.2
Al
< 2.5
1.10
1.10
Mn
3.0 or less
1.50
1.50
P
0.3 or less
0.010
0.010
S
0.01 or less
0.0007
0.0007
N
0.01 or less
0.0015
0.0015
O
0.10 or less
0.0005
0.0005
Sn
0-0.20
Not intended included
0-trace amount
Sb
0-0.2
Not intended included
0-trace amount
Ca
0-0.01
Not intended included
0-trace amount
Cr
0-5.0 (cl.1)
0.0010-5.0 (cl.2)
0.10
0.10
Ni
0-5.0 (cl.1)
0.001-5.0 (cl.2)
0.01
0.01
Cu
0-5.0 (cl.1)
0.001-5.0 (cl.2)
0.01
0.01
Ce
0-0.10
Not intended included
0-trace amount
B
0.10
Not intended included
0-trace amount
Mg
0.10
Not intended included
0-trace amount
Ti
0.10
Not intended included
0-trace amount
V
0.10
Not intended included
0-trace amount
Zr
0.10
Not intended included
0-trace amount
Nd
0.10
Not intended included
0-trace amount
Bi
0.10
Not intended included
0-trace amount
W
0.10
Not intended included
0-trace amount
Mo
0.10
Not intended included
0-trace amount
Nb
0.10
Not intended included
0-trace amount
Y
0.10
Not intended included
0-trace amount
Fe
Balance + impurities
Balance + impurities
Balance + impurities
Grain size (mm)
30-200
53
53
{111}<011> integration degree
2.00-8.00
2.5-10.0 (par.[0004]-[0005]
Overlapping
2.5-8.0
Integration related process
Hot-coiling at 850oC or less (par.[0190]
Final annealing: 900-1200oC (par.[0202]
Coiling at 500oC and final annealing at 1000oC for 30sec. (par.[0054] of JP’810)
Reads on
From claim 7
Sheet thickness (mm)
0.10-0.35
0.30
0.30
Regarding claim 7, 0.30 mm thickness of steel sheet disclosed by the example #7 in table 1-1 of JP’810 reads on the claimed thickness range as claimed in the instant claim 1.
Regarding claim 8, JP’810 specify applying stacking non-oriented electrical steel sheet for motor core (par.[0056] of JP’810), which reads on the claimed limitation as claimed in the instant claim.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory obviousness-type double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); and In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on a nonstatutory double patenting ground provided the conflicting application or patent either is shown to be commonly owned with this application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement.
Effective January 1, 1994, a registered attorney or agent of record may sign a terminal disclaimer. A terminal disclaimer signed by the assignee must fully comply with 37 CFR 3.73(b).
Claims 1-8 are rejected on the ground of nonstatutory obviousness type double patenting as being unpatentable over Claims 1-5 of copending application No. 19/151584 (US-PG-pub 2026/0117349 A1).
Regarding instant Claims 1-8, although the conflicting claims are not identical, they are not patentable distinct from each other because Claims 1-5 of copending application No. 19/151584 (US-PG-pub 2026/0117349 A1) teaches the same non-oriented electrical steel sheet with all of the essential alloy composition ranges, grain size, integration degree, and thickness of steel sheet overlap the claimed alloy composition ranges, grain size, integration degree, and thickness of steel sheet, which creates a prima facie case of obviousness. MPEP 2144 05 I. Therefore, it would have been obvious to one of ordinary skill in the art at the time the invention was made to optimize the alloy composition, grain size, integration degree, and thickness of steel sheet from the disclosure of Claims 1-5 of copending application No. 19/151584 (US-PG-pub 2026/0117349 A1) since Claims 1-5 of copending application No. 19/151584 (US-PG-pub 2026/0117349 A1) teaches the same non-oriented electrical steel sheet as claimed throughout whole disclosing range. Thus, no patentable distinction was found in the instant claims compared with the Claims 1-5 of copending application No. 19/151584 (US-PG-pub 2026/0117349 A1).
This is a provisional obvious-type double patenting rejection since the conflict claims in the copending application have not in fact been patented.
Conclusion
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/JIE YANG/Primary Examiner, Art Unit 1734
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