DETAILED ACTION
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 6-10 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.
Claim 6, line 11 recites “at least one of the residual elements and optionally hot metal”, the term optionally renders the claim indefinite as it is not clear what type of steel components are required in the method.
Claim 6 recites the limitation "the mean flow stress" in line 18. There is insufficient antecedent basis for this limitation in the claim.
Claim 6, lines 20-21 set forth an equation for TOFFSET which requires four elements Mo, Sn, Sb and As, the claim 6, line 11 recitation is “at least one of the residual elements” this requires only one element and the scope of the claim is not clear to whether the equation as written is necessary for step iv.
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) 6,7,9 and 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Nakano et al. (2022/0267874) in view of Wu et al. (WO2021/052315). Nakano discloses a steel composition comprising
0.002 ≤ C ≤ 0.8 wherein Nakano discloses 0.18% ≤ C ≤ 0.40% [0027].
0.1≤ Mn ≤ 3 wherein Nakano discloses 0.60% ≤ Mn ≤ 5% [0029].
Si ≤ 2 wherein Nakano discloses 0.01% ≤ Si ≤ 2.5% [0028].
Al ≤ 2 wherein Nakano discloses 0% ≤ Al ≤ 1% [0034].
Cr ≤ 0.5 wherein Nakano discloses 0% ≤ Cr ≤ 2% [0035].
Nb ≤ 0.08 wherein Nakano discloses 0% ≤ Nb ≤ 1% [0038].
Ti ≤ 0.1 wherein Nakano discloses 0% ≤ Ti ≤ 0.10%
and a balance of Fe [0055], impurities and residual elements 0% ≤ Mo ≤ 0.5% [0036], Sn 0.5% or less [0046], Sb [0047] 0.5% or less and As 0.5% or less [0048].
Nakano discloses casting ([0146],[0147]) and hot rolling ([0148]-[0150]) wherein the hot rolling [0048] follows the casting with heating to melt the material [0149] for hot rolling at a temperature of 850-1000°C wherein the steel is continually plastically deformed at a flow stress (value of stress required to plastically deform). Hot rolling is a plastic deforming operation and the material flows during the deformation.
Nakano discloses the Sn (tin) content should be as low as possible where scrap is used as a raw material [0118].
Nakano discloses the Sb (antimony) content should be as low as possible where scrap is used as a raw material [0120].
Nakano discloses the As (arsenic) content should be as low as possible where scrap is used as a raw material [0122].
Nakano discloses the claimed steel composition with the elements Mo,Sn,Sb,As as residuals from scrap steel but does not disclose that the scrap steel is included in the steelmaking process. Wu teaches scrap steel ([0003],[0004]) and iron ore steel components for steelmaking which contains residual elements including Sb (tin) and Cu (copper) and that during smelting microalloying elements Mo (Molybdenum) and Cr (chromium) are added. During the smelting [0019] of the scrap steel Mo content is limited (0.10-0.30%; [0036], lines 6-8) and the residual element content including Sn content (0.005-0.04%, [0038]) is limited. Wu teaches that up to 100% (estimated steel content) of the smelting raw material is scrap steel ([0054], line 1) or that scrap steel is smelted in a furnace or a converter with an estimated scrap steel content of more than 20% of the raw material ([0054],[0094]). Wu teaches that the strip casting temperature [0046] and the hot rolling temperature are configured so that residual element detrimental effects are minimized and the residual elements are alloyed [0093]. Wu teaches that any amount of scrap from 20-100% is a steelmaking component for smelting. It would have been obvious to the skilled artisan prior to the effective filing date of the present invention to produce the steel for casting and rolling in Nakano by smelting with residual elements from scrap metal present as taught by Wu so as to provide the casting bar material for the casting and hot rolling of the strip from at least partly scrap steel.
Regarding the claim 6 equation, the scope is at least one residual element. Nakano teaches that Mo is a residual element in the steelmaking and Nakano discloses finish rolling at a theoretical range of 850-1000°C which contains the THRTH values in Applicant’s Table 1. Taking a Nakano range value of 900° as numerator in the claim 6 equation, a as 1 and α as 0 for at least one of the residuals (Mo); TOFFSET = 1 x [Mo=0.1%] x (900/1000) EXP 0 is 0.1 which makes THR very close to THRTH and within the Nakano optimum hot rolling finishing temperature range. Nakano discloses all of the weight percentage of the residual elements Mo,Sn,Sb,As necessary for the equation in claim 1 and the value of TOFFSET is readily calculated for any selected value of a,b,c,d,α,β,γ and δ.
Regarding claim 7, Wu teaches an electric arc furnace ([0054], lines 1-2).
Regarding claim 9, when taking the Nakano range values of 0.1% Mo, and 0.04% (less than 0.05%) for Sb,Sn,As; 0.1Mo/0.12 + 0.04Sb/0.04 + 0.04Sn/0.015 + 0.04As/0.03 ≥ 1.
Regarding claim 10, it is an obvious mathematical operation to use the values of a = 92 and α =0, since the claim 6 recitation of at least one residual element means that b,c,d,β,γ and δ will not be necessary parts of the equation.
Claim(s) 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Nakano et al. (2022/0267874) in view of Wu et al. (WO2021/052315) and further in view of Li (CN 115011873). Nakano in view of Su does not disclose desulfurization. Li teaches ([0011]) that desulfurization is done during the smelting process [0023] for continuous casting. It would have been obvious to the skilled artisan prior to the effective filing date of the present invention to desulfurize during the steel making process of Nakano in view of Wu as taught by Li in order to reduce the sulfur content of the steel.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to EDWARD THOMAS TOLAN whose telephone number is (571)272-4525. The examiner can normally be reached M-F 7:30-5.
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/EDWARD T TOLAN/Primary Examiner, Art Unit 3725
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