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 .
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the “system, rocket, missile, motor and turbine engine” of claims 90-94 must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
Claims 75-76 and 90-96 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Claim 75 recites “the bearing assembly is operated at a surface speed of up to 60,000 RPM” and 76 recites “the bearing assembly is operated at a maximum contact stress of up to 1.63 GPa”. Applicant has failed to describe how the bearings are subjected to such speeds and forces. Applicant has merely disclosed a bearing in the figures. While the specification generically recites the use of the bearing in various applications including turbopump rockets and missile applications, such as in rocket and missile motors, Applicant has failed to provide any specifics as to how to use the bearing at the operational speeds and contact stresses recited.
Claim 90 recites “deploying a system into a low-temperature environment”. Claim 91 recites “the system is a rocket”. Claim 92 recites “the system is a missile”. Claim 93 recites “the system is a motor”. Claim 94 recites “the system is a turbine engine that operates on cryogenic fuel”. Claim 95 recites “the low-temperature environment is a high-altitude environment”. Claim 96 recites “the low-temperature environment is an extra-atmospheric environment”.
Applicant claims the specific features noted above, however, Applicant has failed to describe, in any meaningful way, how the bearing assembly can be actually used as claimed. For example, where in the system, rocket, missile, motor, or turbine engine is the bearing used such that it also meets all the limitations of claim 90? As another example, Applicant has failed to describe how the system is deployed into a low-temperature environment.
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 74-77, 79, 81-84, 86-91, 93 and 95-96 are rejected under 35 U.S.C. 103 as being unpatentable over Habibvand U.S. 2011/0129327 in view of Peterson U.S. 2014/0169718 and Gasparini: Metals and Materials for Low Temperature and Cryogenic Applications.
Re clm 74, Habibvand discloses a method of using a bearing assembly in cryogenic applications ([0003]), the method comprising: providing a bearing assembly (Fig. 1), and operating the bearing assembly at an operating temperature, wherein the operating temperature is within a temperature range of from -150 °C to -253 °C ([0003]).
Habibvand does not disclose the bearing assembly including: a polycrystalline diamond element having a diamond bearing surface; an opposing bearing element having a metal bearing surface, wherein the metal bearing surface comprises a metal, wherein the metal contains at least 2 weight percent of a diamond solvent-catalyst based on a total weight of the metal; and wherein the polycrystalline diamond element is coupled with the opposing bearing element such that the metal bearing surface is in contact with the diamond bearing surface.
Peterson discloses a bearing used in pumps comprising a polycrystalline diamond element (110 and 122; [0032] and [0037]) having a diamond bearing surface (surface of 110/122 that contacts rollers 128); an opposing bearing element (rollers 128) having a metal bearing surface (metallic materials such as steel; [0032]), wherein the metal bearing surface comprises a metal, wherein the metal contains at least 2 weight percent of a diamond solvent-catalyst based on a total weight of the metal (steel has over 2% iron); and wherein the polycrystalline diamond element is coupled with the opposing bearing element such that the metal bearing surface is in contact with the diamond bearing surface (shown in Fig. 1A) for the purpose of varying the material design between the rolling elements and/or the raceway such that common failure modes such as welding, galling, and/or scuffing may be reduced ([0032]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to substitute the bearing design of Habibvand with that of Peterson and provide the bearing assembly including: a polycrystalline diamond element having a diamond bearing surface; an opposing bearing element having a metal bearing surface, wherein the metal bearing surface comprises a metal, wherein the metal contains at least 2 weight percent of a diamond solvent-catalyst based on a total weight of the metal; and wherein the polycrystalline diamond element is coupled with the opposing bearing element such that the metal bearing surface is in contact with the diamond bearing surface for the purpose of varying the material design between the rolling elements and/or the raceway such that common failure modes such as welding, galling, and/or scuffing may be reduced.
Habibvand in view of Peterson does not disclose the metal retains ductility at the operating temperature.
The Gasparini website teaches various metals which are ductile at a temperature of -150 °C to -253°C (austenitic stainless steels of the 300 series; maraging steels; nickel alloys Monel, K-Monel, Inconel X, Inconel 718, Rene 41 and Hastelloy B; titanium alloys Ti45A, 5Al-2.5Sn-Ti, Tal-4V-Ti and 8Al-2Cb-1Ta-TiY; Page 5 and 7).
It would have been obvious to one of ordinary skill in the art at the time of the invention to substitute the generic alloys of steel, nickel and titanium, etc. of Peterson with the specific low temperature alloys of steel, nickel and titanium, etc. of Gasparini, since it has been held that the selection of a known material based on its suitability for its intended purpose would have been obvious to one of ordinary skill in the art. Sinclair & Carroll Co. v. Interchemical Corp., 325 U.S. 327, 65 USPQ 297 (1945). See MPEP § 2144.07.
Re clm 75, Habibvand further discloses the bearing assembly is operated at a surface speed of up to 60,000 RPM (“up to” provides a range; since the bearing moves, it has some RPM value greater than zero).
According to another interpretation of the art in which the bearing must move at 60,000 RPM:
Although Habibvand discloses the bearing is run at high speeds ([0003]), Habibvand does not explicitly state what those speeds are and thus does not state the bearing assembly is operated at a surface speed of up to 60,000 RPM.
It would have been obvious to one of ordinary skill in the art to modify Habibvand and provide the bearing assembly is operated at a surface speed of up to 60,000 RPM, since it has been held that where the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation." In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA 1955). See MPEP 2144.05(II)(A). The operating speed of a bearing is a well-known result effective variable since the bearing must be capable of performing at the speeds required by the system in which the bearing is used.
Re clm 76, Habibvand further discloses the bearing assembly is operated at a maximum contact stress of up to 1.63 GPa (“up to” provides a range; since the bearing has forces, it has some contact stress value greater than zero).
According to another interpretation of the art in which the bearing must have a contact stress at 1.63 GPa:
Although Habibvand discloses the bearing carries significant loads ([0003]), Habibvand does not explicitly state what those loads are and thus does not state the bearing assembly is operated at a maximum contact stress of up to 1.63 GPa.
It would have been obvious to one of ordinary skill in the art to modify Habibvand and provide the bearing assembly is operated at a maxium contact stress of up to 1.63 GPa, since it has been held that where the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation." In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA 1955). See MPEP 2144.05(II)(A). The operating contact stress of a bearing is a well-known result effective variable since the bearing must be capable of performing at the loads required by the system in which the bearing is used.
Re clm 77, Habibvand in view of Peterson further discloses during operation of the bearing assembly, a fluid film is positioned between the diamond bearing surface and the metal bearing surface (bearings are submerged in LNG, LH2 or LOX which would inherently provide a hydrodynamic film; [0003]).
The improvement of Peterson also discloses during operation of the bearing assembly, a fluid film is positioned between the diamond bearing surface and the metal bearing surface ([0034]).
Re clm 79, Habibvand further discloses providing the bearing assembly includes incorporating the bearing assembly into a system (rocket; [0003]).
Re clm 81, Habibvand further discloses the bearing assembly includes contacting the bearing assembly with cryogenic fuel ([0003]).
Re clm 82, Habibvand further discloses operating the bearing assembly includes operating the bearing assembly in a high-altitude environment (rockets operate in high-altitude environments).
Re clm 83, Habibvand further discloses operating the bearing assembly includes operating the bearing assembly in an extra-atmospheric environment (rockets operate in extra-atmospheric environments).
Re clm 84, Habibvand further discloses operating the bearing assembly includes operating the bearing assembly in outer space (rockets operate in outer space).
Re clm 86, The Gasparini website further discloses the metal is an alloy steel, a nickel alloy, or a titanium alloy (austenitic stainless steels of the 300 series; maraging steels; nickel alloys Monel, K-Monel, Inconel X, Inconel 718, Rene 41 and Hastelloy B; titanium alloys Ti45A, 5Al-2.5Sn-Ti, Tal-4V-Ti and 8Al-2Cb-1Ta-TiY; Page 5 and 7).
Re clm 87, The Gasparini website further discloses the diamond solvent-catalyst comprises iron, nickel, titanium (page 5 and 7). Peterson also discloses diamond solvent-catalysts ([0037]).
Re clm 88, the improvement of Gasparini further discloses the metal has a hardness value of less than 25 GPa in accordance with ASTM E92-17 (each of the metal listed has a hardness below the indicated value).
Re clm 89, Habibvand discloses a method of using a bearing assembly in cryogenic applications ([0003]), the method comprising: operating a bearing assembly, wherein the bearing assembly is operated at an operating temperature ranging from -150 °C to -253 °C ([0003]).
Habibvand does not disclose operating the bearing assembly including sliding a metal bearing surface on a diamond bearing surface, wherein the metal bearing surface comprises a metal that contains at least 2 weight percent of a diamond solvent-catalyst based on a total weight of the metal.
Peterson discloses a bearing used in pumps comprising sliding (skidding and/or slipping; [0044]) a metal bearing surface (metallic materials such as steel, [0032]; surface of rollers 128) on a diamond bearing surface (PCD 110 and 122; [0032] and [0037]), wherein the metal bearing surface comprises a metal, wherein the metal contains at least 2 weight percent of a diamond solvent-catalyst based on a total weight of the metal (steel has over 2% iron) for the purpose of varying the material design between the rolling elements and/or the raceway such that common failure modes such as welding, galling, and/or scuffing may be reduced ([0032]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to substitute the bearing design of Habibvand with that of Peterson and provide the bearing assembly including sliding a metal bearing surface on a diamond bearing surface, wherein the metal bearing surface comprises a metal that contains at least 2 weight percent of a diamond solvent-catalyst based on a total weight of the metal for the purpose of varying the material design between the rolling elements and/or the raceway such that common failure modes such as welding, galling, and/or scuffing may be reduced.
Habibvand in view of Peterson does not disclose the metal retains ductility at the operating temperature.
The Gasparini website teaches various metals which are ductile at a temperature of -150 °C to -253°C (austenitic stainless steels of the 300 series; maraging steels; nickel alloys Monel, K-Monel, Inconel X, Inconel 718, Rene 41 and Hastelloy B; titanium alloys Ti45A, 5Al-2.5Sn-Ti, Tal-4V-Ti and 8Al-2Cb-1Ta-TiY; Page 5 and 7).
It would have been obvious to one of ordinary skill in the art at the time of the invention to substitute the generic alloys of steel, nickel and titanium, etc. of Peterson with the specific low temperature alloys of steel, nickel and titanium, etc. of Gasparini, since it has been held that the selection of a known material based on its suitability for its intended purpose would have been obvious to one of ordinary skill in the art. Sinclair & Carroll Co. v. Interchemical Corp., 325 U.S. 327, 65 USPQ 297 (1945). See MPEP § 2144.07.
Re clm 90, Habibvand discloses a method of using a system (turbopumps, [0003]) having a bearing assembly in cryogenic applications ([0003]), the method comprising: deploying a system (turbopump) into a low-temperature environment (LH2, LOX), the system including a bearing assembly (Fig. 1), operating the system in the low-temperature environment, wherein the low-temperature environment is at a temperature ranging from -150 °C to -253 °C ([0003]).
Habibvand does not disclose the bearing including a polycrystalline diamond bearing element and an opposing bearing element, wherein the polycrystalline diamond bearing element has a diamond bearing surface, wherein the opposing bearing element has a metal bearing surface, and wherein the metal bearing surface comprises a metal containing at least 2 weight percent of a diamond solvent-catalyst based on a total weight of the metal; operating the system, including sliding the metal bearing surface on the diamond bearing surface.
Peterson teaches a bearing comprising a polycrystalline diamond bearing element (110 and 122; [0032 and [0037]) and an opposing bearing element (rollers 128), wherein the polycrystalline diamond bearing element has a diamond bearing surface (surface of 110/122 that contacts rollers 128), wherein the opposing bearing element has a metal bearing surface (steel; [0032]), and wherein the metal bearing surface comprises a metal containing at least 2 weight percent of a diamond solvent-catalyst based on a total weight of the metal (steel has over 2% iron); operating the system, including sliding (slipping and/or skidding, [0044]) the metal bearing surface on the diamond bearing surface for the purpose of varying the material design between the rolling elements and/or the raceway such that common failure modes such as welding, galling, and/or scuffing may be reduced ([0032]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to substitute the bearing design of Habibvand with that of Peterson and provide the bearing including a polycrystalline diamond bearing element and an opposing bearing element, wherein the polycrystalline diamond bearing element has a diamond bearing surface, wherein the opposing bearing element has a metal bearing surface, and wherein the metal bearing surface comprises a metal containing at least 2 weight percent of a diamond solvent-catalyst based on a total weight of the metal; operating the system, including sliding the metal bearing surface on the diamond bearing surface for the purpose of varying the material design between the rolling elements and/or the raceway such that common failure modes such as welding, galling, and/or scuffing may be reduced
Habibvand in view of Peterson does not disclose the metal retains ductility at the operating temperature.
The Gasparini website teaches various metals which are ductile at a temperature of -150 °C to -253°C (austenitic stainless steels of the 300 series; maraging steels; nickel alloys Monel, K-Monel, Inconel X, Inconel 718, Rene 41 and Hastelloy B; titanium alloys Ti45A, 5Al-2.5Sn-Ti, Tal-4V-Ti and 8Al-2Cb-1Ta-TiY; Page 5 and 7).
It would have been obvious to one of ordinary skill in the art at the time of the invention to substitute the generic alloys of steel, nickel and titanium, etc. of Peterson with the specific low temperature alloys of steel, nickel and titanium, etc. of Gasparini, since it has been held that the selection of a known material based on its suitability for its intended purpose would have been obvious to one of ordinary skill in the art. Sinclair & Carroll Co. v. Interchemical Corp., 325 U.S. 327, 65 USPQ 297 (1945). See MPEP § 2144.07.
Re clm 91, Habibvand further discloses the system is a rocket ([0003]).
Re clm 93, Habibvand further discloses the system is a motor (rocket engine; [0003]).
Re clm 95, Habibvand further discloses the low-temperature environment is a high-altitude environment (rockets operate in high-altitude).
Re clm 96, Habibvand further discloses the low-temperature environment is an extra-atmospheric environment (rockets operate in space).
Claim 92 is rejected under 35 U.S.C. 103 as being unpatentable over Habibvand U.S. 2011/0129327 in view of Peterson U.S. 2014/0169718 and Gasparini: Metals and Materials for Low Temperature and Cryogenic Applications as applied to claim 90 above, and further in view of Bolotin RU 2531833.
Habibvand in view of Peterson and Gasparini disclose all the claimed subject matter as described above.
Re clm 92, although Habibvand disclose the system is a rocket ([0003]), Habibvand does not disclose the system is a missile.
Bolotin teaches using rocket engines in missiles (page 3: third paragraph).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to substitute the rocket engine of Habibvand into any well-known device that uses a rocket engine, such as the missile of Bolotin to achieve the predictable result of providing propulsion for the missile.
Claims 89-91, 93 and 95-96 are rejected under 35 U.S.C. 103 as being unpatentable over Habibvand U.S. 2011/0129327 in view of Miess U.S. 2020/0032841 and Gasparini: Metals and Materials for Low Temperature and Cryogenic Applications.
Re clm 89, Habibvand discloses a method of using a bearing assembly in cryogenic applications ([0003]), the method comprising: operating a bearing assembly, wherein the bearing assembly is operated at an operating temperature ranging from -150 °C to -253 °C ([0003]).
Habibvand does not disclose operating the bearing assembly including sliding a metal bearing surface on a diamond bearing surface, wherein the metal bearing surface comprises a metal that contains at least 2 weight percent of a diamond solvent-catalyst based on a total weight of the metal; wherein the metal retains ductility during the operating of the bearing assembly at the operating temperature.
Miess teaches a bearing for use in pumps comprising operating the bearing assembly including sliding a metal bearing surface (215) on a diamond bearing surface (213), wherein the metal bearing surface comprises a metal that contains at least 2 weight percent of a diamond solvent-catalyst based on a total weight of the metal (at least tantalum, nickel, rhodium and copper); wherein the metal retains ductility during the operating of the bearing assembly at the operating temperature (at least tantalum, nickel, rhodium and copper are ductile at the required temperature).
Since both Habibvand and Miess discloses bearings for pumps, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to substitute the radial bearing of Habibvand with that of Miess and provide operating the bearing assembly including sliding a metal bearing surface on a diamond bearing surface, wherein the metal bearing surface comprises a metal that contains at least 2 weight percent of a diamond solvent-catalyst based on a total weight of the metal; wherein the metal retains ductility during the operating of the bearing assembly at the operating temperature to achieve the predictable result of radially supporting rotating elements.
Re clm 90, Habibvand discloses a method of using a system (rocket engine/turbopumps, [0003]) having a bearing assembly in cryogenic applications ([0003]), the method comprising: deploying a system (turbopump) into a low-temperature environment (LH2, LOX), the system including a bearing assembly (Fig. 1), operating the system in the low-temperature environment, wherein the low-temperature environment is at a temperature ranging from -150 °C to -253 °C ([0003]).
Habibvand does not disclose the bearing including a polycrystalline diamond bearing element and an opposing bearing element, wherein the polycrystalline diamond bearing element has a diamond bearing surface, wherein the opposing bearing element has a metal bearing surface, and wherein the metal bearing surface comprises a metal containing at least 2 weight percent of a diamond solvent-catalyst based on a total weight of the metal; operating the system, including sliding the metal bearing surface on the diamond bearing surface; wherein the metal retains ductility during the operating of the system in the low-temperature environment.
Miess teaches a bearing used in a motor/pump comprising a polycrystalline diamond bearing element and an opposing bearing element (203), wherein the polycrystalline diamond bearing element has a diamond bearing surface (213), wherein the opposing bearing element has a metal bearing surface (215; [0042]), and wherein the metal bearing surface comprises a metal containing at least 2 weight percent of a diamond solvent-catalyst based on a total weight of the metal ([0041]-[0042]); operating the system, including sliding the metal bearing surface on the diamond bearing surface; wherein the metal retains ductility during the operating of the system in the low-temperature environment (at least tantalum, nickel, rhodium and copper are ductile at the required temperatures).
Since both Habibvand and Miess discloses bearings for pumps, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to substitute the radial bearing of Habibvand with that of Miess and provide a polycrystalline diamond bearing element and an opposing bearing element, wherein the polycrystalline diamond bearing element has a diamond bearing surface, wherein the opposing bearing element has a metal bearing surface, and wherein the metal bearing surface comprises a metal containing at least 2 weight percent of a diamond solvent-catalyst based on a total weight of the metal; operating the system, including sliding the metal bearing surface on the diamond bearing surface; wherein the metal retains ductility during the operating of the system in the low-temperature environment to achieve the predictable result of radially supporting rotating elements.
Re clm 91, Habibvand further discloses the system is a rocket ([0003]).
Re clm 93, Habibvand further discloses the system is a motor (rocket engine; [0003]).
Re clm 95, Habibvand further discloses the low-temperature environment is a high-altitude environment (rockets operate in high-altitude).
Re clm 96, Habibvand further discloses the low-temperature environment is an extra-atmospheric environment (rockets operate in space).
Claims 90 and 93-94 are rejected under 35 U.S.C. 103 as being unpatentable over Lifka U.S. 5,014,508 in view of Peterson U.S. 2014/0169718 and Gasparini: Metals and Materials for Low Temperature and Cryogenic Applications.
Re clm 90, Lifka discloses a method of using a system (flying craft including propulsion system, Fig. 1-2) having a bearing assembly (42) in cryogenic applications (use of cryogenic fuels LH2 and LOX), the method comprising: deploying a system (flying craft/propulsion system) into a low-temperature environment (outer space; col. 1: lines 53-59), the system including a bearing assembly (42) and operating the system in the low-temperature environment (high altitude and/or outer space); ; wherein the low-temperature environment is at a temperature ranging from -150 °C to -253 °C (flying the craft from atmosphere to outer space, which averages -270 °C would have to operate at some time in the requisite range).
Lifka does not disclose the bearing assembly including a polycrystalline diamond bearing element and an opposing bearing element, wherein the polycrystalline diamond bearing element has a diamond bearing surface, wherein the opposing bearing element has a metal bearing surface, and wherein the metal bearing surface comprises a metal containing at least 2 weight percent of a diamond solvent-catalyst based on a total weight of the metal; and operating the system including sliding the metal bearing surface on the diamond bearing surface.
Peterson discloses a roller bearing comprising a polycrystalline diamond element (110 and 122; [0032] and [0037]) having a diamond bearing surface (surface of 110/122 that contacts rollers 128); an opposing bearing element (rollers 128) having a metal bearing surface (metallic materials such as steel; [0032]), wherein the metal bearing surface comprises a metal, wherein the metal contains at least 2 weight percent of a diamond solvent-catalyst based on a total weight of the metal (steel has over 2% iron); operating the system, including sliding (slipping and/or skidding, [0044]) the metal bearing surface on the diamond bearing surface for the purpose of varying the material design between the rolling elements and/or the raceway such that common failure modes such as welding, galling, and/or scuffing may be reduced ([0032]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to substitute the bearing of Lifka with that of Peterson and provide the bearing assembly including: a polycrystalline diamond element having a diamond bearing surface; an opposing bearing element having a metal bearing surface, wherein the metal bearing surface comprises a metal, wherein the metal contains at least 2 weight percent of a diamond solvent-catalyst based on a total weight of the metal; and operating the system including sliding the metal bearing surface on the diamond bearing surface for the purpose of varying the material design between the rolling elements and/or the raceway such that common failure modes such as welding, galling, and/or scuffing may be reduced.
Lifka in view of Peterson does not disclose the metal retains ductility during the operating of the system in the low- temperature environment.
The Gasparini website teaches various metals which are ductile at a temperature of -150 °C to -253°C (austenitic stainless steels of the 300 series; maraging steels; nickel alloys Monel, K-Monel, Inconel X, Inconel 718, Rene 41 and Hastelloy B; titanium alloys Ti45A, 5Al-2.5Sn-Ti, Tal-4V-Ti and 8Al-2Cb-1Ta-TiY; Page 5 and 7).
It would have been obvious to one of ordinary skill in the art at the time of the invention to substitute the generic alloys of steel, nickel and titanium, etc. of Peterson with the specific low temperature alloys of steel, nickel and titanium, etc. of Gasparini, since it has been held that the selection of a known material based on its suitability for its intended purpose would have been obvious to one of ordinary skill in the art. Sinclair & Carroll Co. v. Interchemical Corp., 325 U.S. 327, 65 USPQ 297 (1945). See MPEP § 2144.07.
Re clm 93, Lifka further discloses the system is a motor (engine).
Re clm 94, Lifka further discloses the system is a turbine engine that operates on cryogenic fuel (col. 5: lines 8-24).
Conclusion
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/ALAN B WAITS/ Primary Examiner, Art Unit 3617
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