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Class 148 :: METAL TREATMENT

Definition

A. This is the generic class in the art of treating metal to modify or maintain the internal physical structure (i.e., microstructure) or chemical properties of metal. Most process subject matter under this class relates to treating solid or semisolid metal with heat, without melting a substantial portion thereof, and also includes the combination of significant heating and working not provided for in other metal working classes. However, casting or casting and working of molten metal, if combined with significant heat treatment to change the microstructure of the solid metal resulting therefrom is acceptable in this class. Cooling of metal to produce microstructure change is proper for this class.

B. This class includes processes of treating metal to intentionally develop, improve, modify, or preserve the magnetic properties of a free metal or alloy, occurring alone or mixed with one or more components.

C. This class includes processes of reactive coating of metal wherein an externally supplied carburizing or nitriding agent is combined with the metal substrate to produce a carburized or nitridized or carbonitrided coating thereon or a uniformly carburized, nitrided, or carbonitrided metal alloy containing a metal element from said substrate.

D. This class includes processes of reactive coating of metal wherein an externally supplied agent combines with the metal substrate to produce a coating thereon which contains at least one element from said metal substrate (e.g., oxidizing, boronizing, etc.).

E. This class includes processes of chemical-heat removing (e.g., flame cutting, etc.) or burning (i.e., oxidizing) to remove a portion of a metal workpiece.

F. This class includes:

(1) elemental metal, alloy or metallic composition which is a product of a process under section A, above;

(2) elemental metal, alloy, or metallic composition or multi-layered products under section B or C above;

(3) elemental metal, alloy, or metallic composition which is the product of a significant Class 164 metal founding step;

(4) elemental metal, alloy, or metallic composition which is the product of the dispersion of particulate matter in molten metal which particulate matter retains its identification in the final state; and

(5) elemental metal, alloy, or metallic composition which contains an amorphous or shape memory property.

G. This class includes compositions employed in the treatment of solid metal and processes for preparing the same when not otherwise classifiable.

H. This class includes electrically conductive semiconductor stock which is essentially homogeneous and has at least two contiguous layers differing in the number of unbound electrons and/or differing in energy gap levels which exhibit a junction between layers (e.g., P-N type, etc.).

For amplification of A-H, see Subclass References to the Current Class, below.

RULES OF PATENT PLACEMENTPatents have been placed in this class employing the so-called “genus-species” rule. Following this rule as between a generic subclass and its indents, a species unprovided in any indented subclass is specifically classified in the generic subclass. Thus, a patent containing claims to both a provided species and an unprovided species is placed as original in the generic subclass as the first (i.e., highest) appearing subclass and cross-referenced to the indented subclass having the provided species. A patent containing claims only for species having provided subclasses is placed as original in the first (i.e., highest) appearing provided subclass and cross-referenced to the other (i.e., lower) appearing subclasses.

Following the “genus-species” rule, all mandatory original and cross-references only appear in the highest subclasses providing therefor. The claims identify the mandatory original and cross-references. However, if the claims are all generic, the specification is used to determine mandatory placement of the disclosed species, only if related to features in the claim language.

LINES WITH OTHER CLASSESA. METAL CASTING, METAL FUSION BONDING, MACHINING, OR WORKING CLASSESFor purposes of distinguishing over the metal casting, metal fusion bonding, machining, or working classes, significant heat treatment must be present to be proper for Class 148. Significant heat treatment occurs when temperature or heating or cooling rate is provided in a nonworking, noncasting, nonfusion-bonding, or nonmachining related step or when microstructure description is utilized in the claim to describe the result of the heating or cooling treatment of solid or semisolid metal. Working at a specified temperature without mention of microstructure is not significant heat treatment for Class 148. The mere use of the term “ageing” or “tempering” will be considered significant heat treatment. Except for “workhardening”, the use of the term “hardening” will be considered significant heat treatment. “Quenching” will be considered significant heat treatment lacking an indication that it means simply returning to a convenient working temperature. “Stress-relief-annealing” will remain in the metal working classes. Working metal in the “superplastic” state or during “dynamic-recrystallization” remains in the working classes unless a temperature is provided. “Ion implantation” of a metal substrate will be a sufficient indication of microstructural change to place classification in Class 148. High frequency vibration of solid metal for purposes of changing the microstructure thereof is sufficient to take a combination thereof with the above operations to Class 148 as an original. When combined with working, “annealing”, per se, will remain in the metal working classes. However, annealing at a specified temperature goes in Class 148. Merely, heating or cooling a metal to a working temperature is not significant heat treatment. In summary, the presence in any step of a significant heat treatment as hereinabove described is sufficient to place the classification in Class 148.

B. CHEMICAL PROCESSES OF MANUFACTURING METALS OR ALLOYS, METALLIC COMPOSITIONS AND METALLIC STOCK CLASSES IN ORDER OF SUPERIORITY.

Historically, placement of originals among the classes for chemical processes of manufacturing metals or alloys, metallic compositions classes and metallic stock classes did not depend upon the most comprehensive claims and did not follow superiority of statutory categories of invention (i.e., process of using, product or manufacture, process of making, apparatus for performing a process and material). Within these metallurgical processes, metallic composition and metallic stock classes, placement depends upon complex lines established through experience. To simplify placement, the following hierarchy containing the essence of historical placement for these classes was previously established to settle conflicts between the classes listed thereunder with the first listed or higher class controlling placement, if claims are present therefor and regardless of statutory category. If a class other than those listed hereinunder is involved, consideration of the other class is based upon relevant lines, comprehensiveness, and superiority of statutory categories of invention only with respect to the other class. Having determined the controlling class, placement of the original goes by the hierarchy within the class and not according to the following list.

The superiority among the various metal, alloy, and metal stock areas, and chemical methods of manufacturing them, is provided in order under the search class notes as follows:Class 419, Powder Metallurgy Processes, appropriate subclasses for processes of treating metal powder utilizing a sintering or compacting operation and including post-treatment operations if combined with the sintering or compacting operation. If the starting material is preconsolidated, and there is no actual sintering or consolidating step present, placement goes as original to Class 148, subclass 514 provided hierarchically hereinbelow.

Class 148, Metal Treatment, subclasses 22-30 for compositions for treatment of solid metal.

Class 75, Specialized Metallurgical Processes, Compositions for Use Therein, Consolidated Metal Powder Compositions, and Loose Metal Particulate Mixtures, subclasses 300, 301, and 303+ for gaseous, liquid, or solid treating compositions for liquid metal or charges, and subclass 302 welding rod defined by composition.

Class 75, Specialized Metallurgical Processes, Compositions for Use Therein, Consolidated Metal Powder Compositions, and Loose Metal Particulate Mixtures, subclasses 228-250, consolidated metal powder compositions and subclasses 252-255, loose metal particulate mixtures.

Class 420, Alloys or Metallic Compositions, claimed as products.

Class 148, Metal Treatment, subclasses 95-122, 194-287, and 500-714 providing for processes of modifying or maintaining the internal physical structure (i.e., microstructure) or chemical properties of metal, processes of reactive coating of metal and processes of chemical-heat removing (e.g., flame-cutting) or burning of metal. However, if metal casting, fusion bonding, machining or working is involved, there is a requirement of significant heat treatment as described in “A. Metal Casting, Metal Fusion Bonding, etc.” above.

Class 148, Metal Treatment, subclasses 33-33.6, barrier layer stock material and subclasses 300-337 and 400-442, stock.

Class 75, Specialized Metallurgical Processes, Compositions for Use Therein, Consolidated Metal Powder Compositions, and Loose Metal Particulate Mixtures, subclasses 331+, processes of making solid particulate alloys directly from liquid metal, and subclasses 343+, processes of producing or purifying alloys in powder form.

Class 75, Specialized Metallurgical Processes, Compositions for Use Therein, Consolidated Metal Powder Compositions, and Loose Metal Particulate Mixtures, subclasses 10.1-10.66 and 10.67+, processes of making alloys by electrothermic, electromagnetic, or electrostatic processes.

Class 420, Alloys or Metallic Compositions, for processes of manufacture.

Class 75, Specialized Metallurgical Processes, Compositions for Use Therein, Consolidated Metal Powder Compositions, and Loose Metal Particulate Mixtures, subclasses 330+, processes of making metal and processes of treating liquid metals and liquid alloys and consolidating metalliferous material.205, Electrolysis: Processes, Compositions Used Therein, and Methods of Preparing the Compositions, particularly for processes of electrocoating of metal. At this time, Class 205 is a subdivision of Class 204 and therefore all notes concerning Class 204 should be consulted when determining the relationship to Class 148.204, Chemistry: Electrical and Wave Energy, processes. Combinations of reactive coating of metal and electrocoating of metal go to Class 204 as original. See C, Chemical Coating, Cleaning, Etching And Manufacturing Classes, below for the line between Class 148 and Class 204. If metal casting, fusion bonding, machining, or working is included see “A. Metal Casting, Metal Fusion Bonding, etc.” above to determine if this is proper for Class 148.164, Metal Founding, subclasses 1-138, processes. See the line between Class 164 and Class 148 under A, Metal Casting, Metal Fusion Bonding, Machining, Or Working Classes, above.266, Metallurgical Apparatus, subclasses 44-47, processes of operating metallurgical apparatus.

C. CHEMICAL COATING, CLEANING, ETCHING AND MANUFACTURING CLASSES.

If there is a combination of chemical coating, cleaning, etching or chemical treating of metal and metal casting, fusion bonding, machining, or working with significant heat treatment in any step of metal to modify or maintain the internal physical structure (i.e., microstructure) or chemical property of metal, the combination goes in Class 148 as an original. To determine what constitutes significant heat treatment refer to “A. Metal Casting, Metal Fusion Bonding, etc.” above. In the absence of casting, welding, machining, or working, the combination of treating metal with chemicals or chemical compositions and a separate step heat treatment to modify or maintain the internal physical structure or chemical property of metal, placement as an original goes to Class 148 except as indicated in the following lines. It is noted that heat treatment includes a cooling of metal for Class 148 purposes. If chemical heat-cutting (e.g., flame cutting) or burning (i.e., oxidizing), ion implantation, high frequency vibration to change microstructure, carburizing, nitriding, or reactive coating of metal is claimed, combinations with other classes involving treating metal with chemicals or chemical compositions will go to Class 148, subject to the following exceptions.

Also see References to Other Classes, below, that reference this section.

D. SEMICONDUCTOR DEVICE MAKING AND SEMICONDUCTOR STOCKSemiconductor stock in Class 148, subclasses 33-33.6, must be essentially homogeneous and have at least two contiguous layers differing in the number of unbound electrons and/or differing in energy gap levels, which exhibit a junction between the layers. Class 252, subclass 62.3, is the location of compositions specialized and designed for use as one layer which when combined with another such layer would provide an interface exhibiting barrier layer properties (e.g., as could exist in Class 148, subclasses 33-33.6, stock, if the junction thereof were between P-type and N-type semiconducting materials, etc.).

LINE WITH CLASS 29 AND CLASS 164Combinations of casting and working are located in Class 29. However, combinations of casting and heat treatment for purposes of modifying or maintaining the internal physical structure (i.e., microstructure) or chemical properties of metal go as original to Class 148. Combinations of casting and metal fusion bonding, machining, or working go to Class 148, if there is significant heat treatment as defined hereinabove. In continuous casting operations, wherein the contiguous product is still connected to the casting surface, a step involving significant heat treatment of the solid or semi-solid metal which occurs outside or away from the molding surface goes to Class 148. However, chemical heat removing (e.g., flame-cutting, etc.) or burning (i.e., oxidation) of a continuously cast metal goes to Class 164, if some of the continuously cast and contiguous product is connected to the shaping surface. Cutting operations in the mold go to Class 164. Combinations of reactive coating, ion implantation or high frequency vibration to change microstructure and casting go to Class 148 if they occur outside the mold.

LINE WITH CLASS 204 AND CLASS 427While the combination of etching and electrocoating or sputter-coating or the combination of electrocoating or sputter-coating and a Class 427 coating operation is proper for Class 204, the inclusion of a post-treatment involving a separate Class 148 operation to modify or maintain the internal physical structure or chemical properties of metal deposited by the Class 427 operation takes the overall combination to Class 148 as original.

It is further noted that the other areas of Class 204, follow a different line than the electrocoating or sputter-coating with respect to Class 148. The presence in any step of an operation proper for Class 148, if claimed independently, is sufficient to take the noncoating Class 204 operation to Class 148 as original. In the context of Class 204, electrorefining to recover metal from solution is not considered electrocoating even though an electrode is plated.

LINE WITH CLASS 205 AND CLASS 204See Class 205, Electrolysis: Processes, Compositions Used Therein, and Methods of Preparing the Compositions, particularly subclasses for processes of electrocoating of metal. At this time, Class 205 is a subdivision of Class 204 and therefore all notes concerning Class 204 should be consulted when determining the relationship to Class 148.

LINE WITH CLASS 427 AND CLASS 204

Class 148 :: METAL TREATMENT

Definition

Subclasses List