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 .
Specification
The substitute specification filed 31 October 2024 has been entered.
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 1-9 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.
Regarding Claim 1, at line 1, what is claimed is an “alloy comprising” with, at line 10, a balance “consisting of Ni . . .”. Thus, it is unclear how to reconcile these limitations since “comprising” typically indicates that additional ingredient beyond those specified may be present whereas “consisting of” typically indicates that no additional ingredients beyond those specified may be present. Is the composition closed or open to additional ingredients? Analogous rejection applies to Claim 4.
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:
Determining the scope and contents of the prior art.
Ascertaining the differences between the prior art and the claims at issue.
Resolving the level of ordinary skill in the pertinent art.
Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 1-8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Vecchio USPA 2021/040435. Vecchio suggests compositions that are alloys for feedstock (paragraph 2) having C of 1.3 or 1.4, Cr of 16, Mo of 8, and balance of Ni. The composition in Vecchio has no B, Al, or W (Claim 1 and Table 1, P82-X6). Vecchio suggests that amount of Ti plus Nb can be “10” (Claim 1) and “about 10” (paragraph 59) and that Ti can be up to 24 (paragraph 53) and Nb can be up to 27 (paragraph 51). Thus, it would have been obvious to one of ordinary skill in the art before the time of filing to prepare composition with C at 1.3, Ti plus Nb at 11, with Ti at 3 and Nb at 3, or composition with C at 1.4, Ti plus Nb at 12, with Ti at 4 and Nb at 8. For C at 1.3, the ratio would be (3/48+8/83)/(1.3/12), rounding to 1.5. This amount abuts the claimed “more than 1.5” rendering it obvious since it would be expected that properties would be indistinguishable. See MPEP 2144.05. For C at 1.4, the ratio would be (4/48+8/83)/(1.4/12) or 1.54. Regarding Claim 2, Vecchio reports that Vecchio’s alloy P82-X6 has FCC matrix with gamma and gamma prime phase and carbide phase having NaCl crystal structure (paragraph 165). This is the case because FCC carbide is NaCl structured. See Islam, et al., “Investigation of pressure effects on binary carbides ZC . . .” in Physica B 713 (2025, May) 417387 (14 pages) (at page 1) (explaining that FCC carbide is NaCl crystal structured). This is the case because FCC L12 matrix is FCC matrix with γ and γ’ prime phase. See Specification (paragraphs 32 and 33). See Amouyal et al., “Segregation of tungsten at γ’ (L12)/ γ (FCC) interfaces in a Ni-based superalloy: An atom-probe tomographic and first-principles study” in App. Phys. Lett. 93, (2008, Nov.) 201905 (4 pages) (explaining at page 1 of article that FCC L12 means fcc (gamma) with L12 (gamma prime) precipitates). This examined alloy in Vecchio is close in composition to those rendered obvious and achieve claimed structure (Table 1). As well, alloys of comparable composition are demonstrated by applicant to achieve the claimed structure. See Specification (Table 2, Example 3). Thus, it would be expected that the rendered obvious alloy would achieve the claimed structure or substantially obtain it. Regarding Claim 3, Vecchio teaches that claimed powder size can be 15 to 45 for HVOF applications (paragraph 190), rendering obvious carbide claimed size. Regarding Claim 4, Vecchio teaches that feedstock can be powder, rendering obvious powder formulation (paragraph 190). Regarding Claim 5, Vecchio teaches that the powder can be agglomerated (i.e., granulated) and sintered (paragraph 16), rendering obvious powder that is “granulated sintered”. Regarding Claim 6, since the powders can have range of sizes of 15 to 45 microns (paragraph 190), it would be expected that d50 would be in specified range since all particles would essentially be expected in the claimed range. Regarding Claim 7, Vecchio teaches using claimed alloys as hardfacing which by itself is an alloy member (paragraphs 26, 35, 190). Regarding Claims 7 and 8, Vecchio teaches that the hardfacing can be deposited on substrate for hardfacing functionality (paragraphs 27, 28, 35, and 190), rendering obvious provision on substrate to formed stacked alloy layer.
Claim(s) 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Vecchio USPA 2021/040435 in view of Mirchandani USPA 2013/0048701. Vecchio is relied upon as set forth above in the section 103 rejection over Vecchio. Vecchio does not teach providing hardfacing on die. However, Vecchio teaches that alloys are generally effective as hardfacing layers (paragraphs 3-5 and 13). Mirchandani teaches that dies conventionally receive hardfacing layers (paragraph 4). It would have been obvious to one of ordinary skill in the art before the time of filing to apply the hardfacing material of Vecchio to substrates conventionally in need of such protection, such as dies, as taught by Mirchandani.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MICHAEL E. LA VILLA whose telephone number is (571)272-1539. The examiner can normally be reached Mon. through Fri. from 9:00 a.m. ET to 5:30 p.m. ET.
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/MICHAEL E. LA VILLA/Primary Examiner, Art Unit 1784
8 January 2026