DETAILED ACTION
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 1-9 are rejected under 35 U.S.C. 103 as being unpatentable over Hatano et al. (EP 2 871 251).
Regarding applicants’ claims 1, 5, and 6, Hatano et al. disclose a ferritic stainless steel sheet comprising (in weight percent):
Hatano et al.
Claimed
C
≤ 0.02
≤ 0.03
Si
0.01 - 0.15
≤ 0.05
Mn
0.3 - 1
0.3 - 1
P
≤ 0.04
≤ 0.05
S
≤ 0.003
≤ 0.05
Cr
20 - 25
20 - 25
Mo
0.5 - 2
0.1 - 2.00 (optional)
Al
0.01 - 0.1
≤ 0.10
N
≤ 0.02
≤ 0.03
Nb
0.5
-
Ti
≤ 0.5 (optional)
0.01 - 0.30
V
≤ 0.5 (optional)
-
Ni
≤ 2 (optional)
Claim 1 - excluded
Claim 5 - ≤ 0.10
Claim 6 - 0.1 - 2.00
Cu
≤ 1 (optional)
≤ 0.10
Sn
≤ 1 (optional)
-
B
≤ 0.005 (optional)
-
Mg
≤ 0.005 (optional)
-
Ca
≤ 0.005 (optional)
-
W
≤ 1 (optional)
0.1 - 2.00 (optional)
Co
≤ 1 (optional)
≤ 0.10
Sb
≤ 0.5 (optional)
-
Zr
≤ 0.1 (optional)
-
La
≤ 0.1 (optional)
0.05 - 0.30
Y
≤ 0.1 (optional)
-
REM
≤ 0.1 (optional)
-
Fe
balance
balance
*Hatano et al. - paragraph 0015
While Hatano et al. do not appear to disclose the exact ranges claimed, the ranges disclosed overlap applicants’ claimed proportions. One of ordinary skill in the art before the effective filing date of applicants’ claimed invention would have found it obvious to select proportions from within those disclosed by Hatano et al., including values which fall within the claimed ranges.
Regarding applicants’ claims 2 and 7, Hatano et al. disclose ferritic stainless steel sheets (paragraph 0001).
Regarding applicants’ claims 3 and 8, Hatano et al. do not appear to limit the thickness of the steel sheets, but exemplify sheets having thickness values of 4.0 to 5.0mm (paragraph 0049). The discovery of a workable range of thickness values for the steel sheets is within the ordinary skill through routine experimentation. One of ordinary skill in the art before the effective filing date of applicants claimed invention would have found it obvious to determine a workable range of thickness values for the steel sheets. Given exemplary sheets of 4.0 to 5.0mm thick the workable range would be expected to overlap or at least be so close to applicants’ claimed range as to establish a prima facie case of obviousness.
Regarding applicants’ claims 4 and 9, Hatano et al. disclose the steel sheets as used for separators of solid oxide fuel cells (paragraph 0001).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ADAM C KRUPICKA whose telephone number is (571)270-7086. The examiner can normally be reached Monday-Friday 8-5pm EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Humera Sheikh can be reached at (571)272-0604. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Adam Krupicka/ Primary Examiner, Art Unit 1784
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