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 .
Election/Restrictions
Claims 4-8 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to nonelected inventions, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on June 23, 2026. Applicant’s election without traverse of Group I is acknowledged.
Claims 1-3 are pending, claim 1 is independent
Specification
Applicant is reminded of the proper content of an abstract of the disclosure. The abstract should be in narrative form and generally limited to a single paragraph on a separate sheet within the range of 50 to 150 words in length. The abstract should describe the disclosure sufficiently to assist readers in deciding whether there is a need for consulting the full patent text for details.
The language should be clear and concise and should not repeat information given in the title. It should avoid using phrases which can be implied, such as, “The disclosure concerns,” “The disclosure defined by this invention,” “The disclosure describes,” etc. In addition, the form and legal phraseology often used in patent claims, such as “means” and “said,” should be avoided. Specifically, the abstract currently reads “The present invention relates generally”.
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.
Claim 3 is rejected under 35 U.S.C. 112(b), as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor, regards as the invention. Specifically, the phrase “typically no more than” renders the claim indefinite because it is unclear whether the limitations following the phrase are part of the claimed invention. See MPEP § 2173.05(d). Further, it is indefinite if (if the limitation is required), if each element needs to be no more than about 0.22 weight percent, or the sum of all the elements together must be less than about 0.22 weight percent.
For purposes of examination this shall be considered optional.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 1-3 are rejected under 35 U.S.C. 103 as being unpatentable over Tokarz et al. (US-20050115649-A1), hereinafter Tokarz.
Regarding claims 1-3, Tokarz teaches a steel of a composition as shown below in the table (claim 6).
Table 1 (weight%)
Instant claim 1 (claims 2, 3)
Tokarz Claim 6
C
~0.16 to ~0.18
0.01 to 0.20
Si
~1.25 to ~1.55
≤ 2.0
Mn
~1.9 to ~2.1
0.5 to 3.0
P
~0.02
≤ 0.5
S
~0.02
≤ 0.1
Al
~ 0.025 to ~0.055
≤ 2.0
Cu
< ~0.06
≤ 3.0
Ni
< ~0.04
≤ 3.0
Cr
< ~0.06
≤ 2.0
Mo
< ~0.02
≤1.0
Co, Nb, Ti, V, Zr
Present (cl 2), ≤ about 0.22 (claim 3)
1 or more of Nb ≤ 0.2, Ti ≤0.12, V: ≤ 0.15
Regarding Co and Zr, Tokarz is silent to the presence of these elements, such that they are not considered to be present in an appreciable amount, also note examples. If these elements are not listed it is understood to one of ordinary skill in the art that it is reasonable that they are not present. Therefore the elements are considered to be present in an amount within, or at least overlapping, applicant’s claimed proportions (which include 0%)
In the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists, (MPEP 2144.05 I). The proportions disclosed by the prior art overlap applicants claimed proportions and therefore establish a prima facie case of obviousness, where one of ordinary skill in the art before the effective filing date of the invention would have found it obvious to select from the proportions disclosed by the prior art, including those proportions, which satisfy the presently claimed requirements (MPEP 2144.05 I). As of the writing of this Office Action, no objective evidence of criticality to the claimed ranges has been presented.
With regards to “for rimfire ammunition cartridges”, this occurs before the transitional phrase and lacks sufficient structure to further limit the claim and is therefore considered an intended use of the claimed composition (MPEP 2111.02). Applicant teaches that the steel composition ([0032]-[0035]) are processed to provide steel materials that are suitable for use in forming rimfire ammunition cartridges ([0035]). Tokarz teaches a substantially identical steel composition, as that which is claimed (see discussion above); applicant teaches can be formed into rimfire ammunition cartridges (applicant [0036]). Therefore, the steel of Tokarz is considered to meet the intended use claimed.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Edelman et al. (US 6669789 B1) teaches a steel having a composition by weight % of 0.01-0.2% C, 0.5-3.0% Mn, ≤0.5% S, 0.01-0.12% Ti effective, 0.005-0.08% Al, ≤ 2.0% Si, ≤ 1.0% Cr, ≤ 1.0% Mo, ≤ 3.0% Cu, ≤ 0.1% B, and ≤ 0.5% P.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KATHERINE CHRISTY whose telephone number is (303)297-4363. The examiner can normally be reached Monday-Thursday, 7am-4pm MT.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
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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/KATHERINE A CHRISTY/Primary Examiner, Art Unit 1784
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