Ex Parte Larsson

Patent Trial and Appeal Board

Jun 27, 2018

13132974 (P.T.A.B. Jun. 27, 2018)

UNITED STA TES p A TENT AND TRADEMARK OFFICE
APPLICATION NO. FILING DATE
13/132,974 06/27/2011
21839 7590 06/29/2018
BUCHANAN, INGERSOLL & ROONEY PC
POST OFFICE BOX 1404
ALEXANDRIA, VA 22313-1404
FIRST NAMED INVENTOR
Mats Larsson
UNITED STATES DEPARTMENT OF COMMERCE
United States Patent and Trademark Office
Address: COMMISSIONER FOR PATENTS
P.O. Box 1450
Alexandria, Virginia 22313-1450
www .uspto.gov
ATTORNEY DOCKET NO. CONFIRMATION NO.
0078834-000010 9429
EXAMINER
WU,JENNYR
ART UNIT PAPER NUMBER
1733
NOTIFICATION DATE DELIVERY MODE
06/29/2018 ELECTRONIC
Please find below and/or attached an Office communication concerning this application or proceeding.
The time period for reply, if any, is set in the attached communication.
Notice of the Office communication was sent electronically on above-indicated "Notification Date" to the
following e-mail address(es):
ADIPDOC 1@BIPC.com
PTOL-90A (Rev. 04/07)
UNITED STATES PATENT AND TRADEMARK OFFICE
BEFORE THE PATENT TRIAL AND APPEAL BOARD
Ex parte MATS LARSSON
Appeal2017-000373
Application 13/132,974
Technology Center 1700
Before TERRY J. OWENS, JENNIFER R. GUPTA, and
JANEE. INGLESE Administrative Patent Judges.
OWENS, Administrative Patent Judge.
DECISION ON APPEAL
STATEMENT OF THE CASE
The Appellant appeals under 35 U.S.C. § 134(a) from the Examiner's
rejection of claims 7-15 and 18-22. We have jurisdiction under
35 U.S.C. § 6(b).
The Invention
The Appellant claims a diffusion alloyed powder and an iron-based
powder composition containing the diffusion alloyed powder. Claim 7 is
illustrative:
7. A diffusion alloyed powder, comprising a total content
of copper and nickel of at most 20% by weight, wherein the
copper content of the diffusion alloyed powder is above
4.0 wt% and the weight ratio between copper and nickel is
between 9/1 and 3/1, said powder consisting of an iron or
Appeal2017-000373
Application 13/132,974
iron-based core powder having particles of an average size less
than 15 µm of a unitary alloying powder containing copper and
nickel, bonded to the surface of core particles of the iron or
iron-based core powder. [lJ
Takata
Semel
Singh
The References
us 5,356,453
us 6,068,813
US 2006/0222554 Al
The Rejections
Oct. 18, 1994
May 30, 2000
Oct. 5, 2006
The claims stand rejected under 35 U.S.C. § 103 as follows: claims 7,
8, 10-15 and 18-21 over Semel in view of Takata and claim 9 and 22 over
Semel in view of Takata and Singh.
OPINION
We affirm the rejections.
The Appellant argues the claims in three groups: 1) claims 7, 8, 10-15
and 19-21, 2) claims 9 and 18, and 3) claim 22 (App. Br. 4--11). We
therefore limit our discussion to claim 22 and one claim in each of the other
groups, i.e., claims 7 and 9. Claims 8, 10-15 and 19-21 stand or fall with
claim 7, and claim 18 stands or falls with claim 9. See 37 C.F.R.
§ 4I.37(c)(l)(iv) (2012).
1 The Appellant's Specification states: "The term 'unitary powder' in this
context designates a powder, the separate particles of which contain both Cu
and Ni. Thus, it is not a mixture of powder particles containing Cu and other
powder particles containing Ni, but e.g. alloy powder particles comprising
both Cu and Ni or complex powder particles where different types of
particles are bonded to each other to form complex particles each of which
comprises both Cu and Ni" (Spec. 5:30-34).
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Appeal2017-000373
Application 13/132,974
Claim 7
Semel makes an iron-based metallurgical powder by prealloying iron
and molybdenum to form a prealloy powder, mixing the prealloy powder
with a copper-containing powder and a nickel-containing powder, and
annealing the mixture (col. 3, 1. 60- col. 4, 1. 4). The metallurgical
powder's copper-containing powder content preferably is at least 0.5 wt%,
more preferably about 0.5 to about 4.0 wt%, and most preferably about 1.0
to about 2.0 wt%, its nickel-containing powder content preferably is at least
0.5 wt%, more preferably about 0.5 to about 8.0 wt%, and most preferably
about 1.0 to about 6.0 wt%, and the combined copper-containing powder
and nickel-containing powder content is at least about 83 wt% of the
metallurgical powder (col. 3, 11. 41-51; col. 9, 11. 9-31). "The copper
containing powder has a relatively small weight average particle size that is
about 60 microns or less, preferably about 20 microns or less, and more
preferably about 15 microns or less. A preferred copper containing powder
has a weight average particle size in the range of between about 5 and about
15 microns, preferably between about 9 and about 13 microns" (col. 8,
11. 58---64). "The weight average particle size of the nickel containing
powder is preferably about 20 microns or less, and more preferably about
15 microns or less (col. 9, 11. 36-38). Semel believes "prealloying the iron
and molybdenum achieves more complete mixing at an atomic level, which
results in the final sintered metal part receiving the full benefits of the
molybdenum" (col. 6, 11. 54--57), and "by prealloying the iron and
molybdenum, the diffusion rates of other alloying powders such as nickel
and copper, and the extent to which the alloying powders eventually alloy is
increased in comparison to a process where a mixture of iron, molybdenum,
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Appeal2017-000373
Application 13/132,974
and other alloying powders are diffusion bonded and partially alloyed"
( col. 6, 11. 58---63).
Takata discloses "a mixed powder for powder metallurgy based on
Fe powder and an alloy powder and capable of providing a sintered product
having a high density and high strength and with less scattering in
dimensional accuracy upon sintering" ( col. 1, 11. 7-11 ). The alloy powder
comprises Ni, Mo, Mn and one or more of Cr, Si, Al, Ti, P, V, Nb, Sn, W,
Co, Cu and B (col. 5, 11. 53-56). "[T]he addition amount of such elements
should be about 5 to 100 parts based on the 100 parts by weights in total of
the basic ingredients such as Ni, Mo and Mn" ( col. 5, 11. 64---66). "However,
the addition amount of Cu has to be restricted to less than 10% of the alloy
powder since the dimension upon sintering is liable to expand if the addition
amount thereof is excessive" ( col. 6, 11. 12-16). The "Ni has an effect of
improving the toughness, while Mo improves the hardening property and
prevents softening upon hardening and tempering" ( col. 5, 11. 26-28).
"Addition of Mn lowers the melting point of the alloy powder, improves the
diffusibility of the alloy powder and contributes to the formation of a
homogeneous martensite structure developed into a network configuration in
a sintered product" ( col. 5, 11. 40-44). The alloying powder can be made by
mixing the components and sintering them ( col. 4, 1. 68 - col. 5, 1. 1 ). "[A]
sintering powder having a uniform alloying ingredient ratio from a micro
point of view can be obtained by using an alloyed powder. Accordingly, the
properties of the powder are made constant and the properties of the
resulting sintering product also become uniform" (col. 5, 11. 5-10).
The Appellant asserts that "Takata discloses that a unitary powder
must include nickel, molybdenum (Mo), and Manganese (Mn)" (App. Br. 8),
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Application 13/132,974
"Takata teaches specific weight ratios and inclusion of Mo and Mn are
needed in a unitary alloying powder (Reply Br. 4--5), and "Takata discloses
that a unitary alloyed powder must have a copper content well below the
nickel content of the alloyed powder" (App. Br. 9).
Takata discloses that "the alloy ingredients such as Ni, Mo and Mn
have to be in alloyed form not in the form of individual metal powders"
(col. 4, 11. 52-54), but does not disclose that a unitary powder must include
Ni, Mo and Mn or must contain more Ni than Cu. Takata's disclosure that
prealloying provides a sintering product having uniform characteristics
appears to apply to prealloyed powders generally ( col. 4, 1. 62 - col. 5, 1. 10).
The disclosed effects of Ni, Mo and Mn do not include enabling formation
of a prealloyed powder (col. 5, 11. 26-28, 40-44), and the limitation on the
Cu content is to reduce swelling, not to enable prealloyed powder formation
(col.6,11.11-16). 2
The Appellant asserts that Semel reduces the Distaloy® AB powder
manufacturing cost by using three separate powders (iron based, copper
based and nickel based) and combining them to allow for an easier annealing
process (App. Br. 6-7), and "the focus of Semel is introducing copper and
2 This interpretation of Takata's disclosure is supported by Singh's
disclosures, in the context of copper powder/nickel powder mixtures and
prealloyed powders, that "[a]dmixed powders have a major disadvantage
over prealloyed powders because they are prone to: a) segregation ( due to
the non-uniform composition of components) during transportation and
processing; and b) dusting during handling" (i15), "[i]n fully prealloyed
powders segregation is not an issue because every particle has the same
composition. Dusting is less of a concern due to the absence of very fine
particles" (i1 6), and "[p ]arts makers often add nickel to copper-containing
steel, because the nickel causes densification, which counteracts the swelling
caused by the copper" (i13).
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Application 13/132,974
nickel as two separate powders. See, e.g., Semel, column 2 at line 32 to
column 3 at line 24" (Reply Br. 3).
Semel' s metallurgical powder improvement is due to use of an
iron/molybdenum prealloy powder instead of separate iron and molybdenum
powders, not to use of separate iron-based, copper-based and nickel-based
powders (col. 2, 1. 67-col. 3, 1. 19; col. 3, 1. 60-col. 4, 1. 4; col. 6, 11. 47-
63).
Claim 9
Claim 9 depends from claim 1 and requires that "the content of copper
is between 5 - 15 wt% and the content of nickel is between 0.5 - 5 wt%."
Singh discloses a metallurgical powder made by mixing a diffusion
bonded nickel/copper precursor mixture with an iron-based metallurgy
master powder to form a powder blend, and consolidating and sintering the
powder blend (claim 28). The nickel/copper precursor mixture contains
about 1-99 wt% Ni and about 99-1 wt% Cu (claim 31).
The Appellant asserts that "there is no teaching in Singh that the
copper content of a diffusion alloyed powder should be above 4.0 wt-%"
(App. Br. 11).
Semel's disclosure that the metallurgical powder's copper content is
at least about 0.5 wt%, more preferably about 0.5 to about 4.0 wt% (col. 3,
11. 45--48), would have led one of ordinary skill in the art, through no more
than ordinary creativity, to use copper contents somewhat above 4.0 wt%,
such as 5 wt% (which appears to include values which round up to 5 wt%,
such as 4.6 wt%), which is within the Appellant's 5-15 wt% range. See KSR
Int'! Co. v. Teleflex Inc., 550 U.S. 398,418 (2007) (in making an
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Application 13/132,974
obviousness determination one "can take account of the inferences and
creative steps that a person of ordinary skill in the art would employ").
Claim 22
Claim 22 depends from claim 1 and requires that "the total content of
copper and nickel is between 18 - 20% by weight."
The Appellant asserts that "Semel requires that the pre-alloy powder
(i.e., the iron based powder that the copper containing powder and the nickel
containing powder are added to) be at least 83 wt-%. See e.g., lines 49-50 of
column 3, or lines 10-11 of column 4" (App. Br. 11 ).
Semel' s disclosure that the prealloy powder content is at least about
83 wt% (col. 3, 11. 50-51) would have led one of ordinary skill in the art,
through no more than ordinary creativity, to use prealloy powder contents
permitted by the term "about," including contents somewhat less than
83 wt%, e.g., 82 wt%, such that the total content of copper and nickel is
18 wt%, which is within the Appellant's 18-20 wt% range. See KSR,
550 U.S. at 418.
For the above reasons we are not persuaded of reversible error in the
rejections.
DECISION
The rejections under 35 U.S.C. § 103 of claims 7, 8, 10-15 and 18-21
over Semel in view of Takata and claim 9 and 22 over Semel in view of
Takata and Singh are affirmed.
The Examiner's decision is affirmed.
No time period for taking any subsequent action in connection with
this appeal may be extended under 37 C.F.R. § 1.136(a).
AFFIRMED
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