Schaeffler Technologies AG & Co. KG

Patent Trials and Appeals BoardJul 28, 2020

2020000301 (P.T.A.B. Jul. 28, 2020)

UNITED STATES PATENT AND TRADEMARK OFFICE 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 APPLICATION NO. FILING DATE FIRST NAMED INVENTOR ATTORNEY DOCKET NO. CONFIRMATION NO. 15/028,287 04/08/2016 Monir ASGAR POUR KHEZER ABAD 619.1191 2415 23280 7590 07/28/2020 Davidson, Davidson & Kappel, LLC 589 8th Avenue 16th Floor New York, NY 10018 EXAMINER LIU, HENRY Y ART UNIT PAPER NUMBER 3654 NOTIFICATION DATE DELIVERY MODE 07/28/2020 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): ddk@ddkpatent.com PTOL-90A (Rev. 04/07) UNITED STATES PATENT AND TRADEMARK OFFICE ____________ BEFORE THE PATENT TRIAL AND APPEAL BOARD ____________ Ex parte MONIR ASGAR POUR KHEZER ABAD Appeal 2020-000301 Application 15/028,287 Technology Center 3600 ____________ Before: JENNIFER D. BAHR, EDWARD A. BROWN, and JILL D. HILL, Administrative Patent Judges. BROWN, Administrative Patent Judge. DECISION ON APPEAL Pursuant to 35 U.S.C. § 134(a), Appellant appeals from the Examiner’s decision to reject claims 11–19, 21, 22, 29 and 30.1, 2 We have jurisdiction under 35 U.S.C. § 6(b). We reverse. 1 We use the word “Appellant” to refer to “applicant” as defined in 37 C.F.R. § 1.42. Appellant identifies Schaeffler Technologies AG & Co. KG as the real party in interest. Appeal Br. 2. 2 Claims 1–10 and 20 are canceled, and claims 23–28 are withdrawn from consideration. Appeal Br. 2. Appeal 2019-000301 Application 15/028,287 2 CLAIMED SUBJECT MATTER Claim 11, reproduced below, illustrates the claimed subject matter on appeal: 11. A chain element made of a carbon-containing material, the chain element comprising: a core layer having a structure made of a ferritic matrix with at least one hard phase distributed therein; and a hardened peripheral layer having a martensitic structure. Appeal Br. (Claims App. 1). REJECTIONS ON APPEAL Claims 11, 12, 14–19, 21, 22, 29, and 30 are rejected under 35 U.S.C. § 103 as unpatentable over Baumann (US 2002/0068654 Al; pub. June 6, 2002) and Moulin (US 2011/0168300 Al; pub. July 14, 2011). Claim 13 is rejected under 35 U.S.C. § 103 as unpatentable over Baumann, Moulin, and Obayashi (US 2012/0247619 A1; pub. Oct. 4, 2012). ANALYSIS Claims 11, 12, 14–19, 21, 22, 29, and 30 over Baumann and Moulin As to claim 11, the Examiner finds that Baumann discloses a chain element made of a carbon-containing material and comprising a core layer and a hardened peripheral layer having a martensitic structure. Final Act. 3 (citing Baumann ¶¶ 61, 63). The Examiner finds that Baumann does not disclose that the core layer has a structure made of a ferritic matrix with at least one hard phase distributed therein, as claimed. Id. The Examiner finds that Moulin teaches a core layer, as claimed. Id. (citing Moulin ¶¶ 2, 5). The Examiner determines that it would have been obvious to one of ordinary Appeal 2019-000301 Application 15/028,287 3 skill in the art “to change the chain in [Baumann] such that the chain element material is the steel in [Moulin] to create a durable, lightweight, and relatively easily formed chain element.” Id. Appellant contends that it would not have been obvious to replace Baumann’s core layer with a core layer having the composition of Moulin’s sheet. Appeal Br. 4. In response, however, the Examiner states that the rejection modifies Baumann “by replacing the chain element material in [Baumann] with the material in [Moulin].” Ans. 3. Accordingly, the Examiner’s rejection does not replace Baumann’s core layer with a core layer having the composition of Moulin’s sheet. Baumann discloses using case hardened steels for making a chain. Baumann ¶ 61. Baumann discloses a series of process steps, which include: (1) “[a]nnealing treatment for the purpose of outer layer carburization or outer layer carburization and nitrification”; and (2) “[f]urnace cooling to hardening temperature with subsequent martensite hardening by quenching to T