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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 8/11/25 has been entered.
Status of Claims
Pending:
1-5, 7, 8, 10, 11, 13-17, 19, 20
Withdrawn:
NONE
Rejected:
1-5, 7, 8, 10, 11, 13-17, 19, 20
Amended:
1, 11
New:
NONE
Independent:
1, 11
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.
Claims 1-5, 7, 8, 10, 11, 13-17, 19, 20 are rejected under 35 U.S.C. 103 as being unpatentable over Saikawa et al (US 2016/0222493) in view of Wang (US 2019/0185967).
Saikawa teaches an Al-Mg-Si casting alloy comprising (in wt%):
cl. 1
Saikawa
Mg
2.5-5.0
3.0-4.60 (cl. 2)
2.0-7.5
Si
0.70-2.5
1.10-2.1 (cl. 3)
1.65-5
Mn
0.40-1.5
0.60-1.2 (cl. 4)
0.3-1.0
Fe
0.15-0.60
0.30-0.60 (cl. 5)
-0.4
Ti
opt. ≤0.15
Opt. Sr
-0.10
0.015-0.12
one or more of: Zr, Sc, Hf, V, Cr
opt. ≤0.15
Mg/Si
1.7-3.6
Table 1: instant claims vs. Saikawa
see Saikawa at claim 3 & [0020], which overlaps the claimed alloying ranges of Mg, Si, Mn, Fe, Ti, and Sr (cl. 1-5). Concerning the Mg/Si ratio (claim 1), though Saikawa does not specify the Mg/Si ratio, the broad ranges of Mg and Si taught by Saikawa imply ratios that substantially overlap the claimed ratio. More particularly, Saikawa teaches Mg=(2.0-7.5) and Si=(1.65-5) which covers ratios of Mg/Si of: 0.4-4.5, which encompasses the claimed ratio of 1.7-3.6, and therefore meets said limitation. With respect to the limitation:
(0.4567*Mg-0.5) ≤ Si ≤ (0.4567*Mg+0.2)
for the range of Saikawa of Mg=2.0-7.5 the above equation would range 0.2≤Si≤3.6, wherein Saikawa teaches values of Si (2.0-7.5) overlapping that calculated range (and therefore meets the instant limitation).
Saikawa teaches processing said alloy by high pressure die casting [0035], which achieves a die cast product exhibiting an excellent combination of high ductility and strength [0045]. Saikawa teaches performing said casting with cracks being prevented (see Saikawa at [0063], Fig. 1), wherein examples of Saikawa exhibit 0 area% cracking, which meets the “crack free” limitation in independent claims 1, 11.
Saikawa does not specify: a) “the aluminum casting alloy has a non-equilibrium solidification range of not greater than 155°C” (cl. 1) or similarly “the aluminum alloy moves from the fully liquid state to the fully solid state in not greater than 155C” (cl. 11) or b) the amount of β-Al5FeSi compounds present (amended claim 1).
Concerning a), solidification range (i.e. moving from a fully liquid state to the fully solid state) is dependent on composition (as seen in a phase diagram, which shows the phase equilibria of an alloy in terms of composition and temperature, for a given pressure). Because Saikawa teaches an overlapping Al-Mg-Si die casting alloy composition, the overlapping alloy of Saikawa would inherently exhibit the claimed solidification range. Further, one of skill in the art would be motivated to optimize the alloying ranges to adjust the solidification/freezing range of the alloy taught by Saikawa. It would have been obvious to one of ordinary skill in the art to optimize the solidification/freezing range of the overlapping alloy taught Saikawa, because Wang (see [0025,0028]) teaches that small freezing/solidification ranges when high pressure die casting aluminum alloys leads to low shrinkage porosity and good castability. Therefore it is held that Saikawa in view of Wang has created a prima facie case of obviousness of the presently claimed invention.
Concerning b), Saikawa does not specify the amount of β-Al5FeSi compounds (amended claim 1) present. However, because Saikawa and Wang teach an overlapping Al-Mg-Si alloy, together with substantially identical processing of casting by die casting (Saikawa at [0035]), then substantially the same microstructural phases, would be inherently expected to occur for the prior art, as for the instant invention. See MPEP 2112 and In re Best, 562 F.2d 1252, 195 USPQ 430 (CCPA 1977). Alternatively, Wang teaches β phase is dependent on Fe+Mn content [0026] and that eliminating β-phase is important to improving ductility and minimizing cracks [0030,0026]. It would have been obvious to one of ordinary skill in the art to have eliminated β-phase to the extent practical (i.e. to within the claimed maximum of ≤0.012 wt%) from the Al-Mg-Si alloy taught by Saikawa and Wang (wherein said alloy overlaps the claimed Fe+Mn content, taught by Wang to be critical to eliminate β phase), in order to improve ductility and minimize cracks (taught by Wang at [0026, 0030]).
Overlapping ranges have been held to establish a prima facie case of obviousness, see MPEP § 2144.05. It would have been obvious to one of ordinary skill in the art to select any portion of the range, including the claimed range, from the broader range disclosed in the prior art, because the prior art finds that said composition in the entire disclosed range has a suitable utility. Additionally, "The normal desire of scientists or artisans to improve upon what is already generally known provides the motivation to determine where in a disclosed set of percentage ranges is the optimum combination of percentages," In re Peterson, 65 USPQ2d at 1379 (CAFC 2003).
Concerning claim 7, the ranges of Mg, Fe, and Si taught by Saikawa fall within the instant inequality conditions for Si (i.e. for Mg=4.0%, Fe=0.2%, Mn=0.4% the instant inequality simplified:
S
i
≤
0.4567
*
M
g
+
0.2
*
M
n
+
0.25
*
F
e
S
i
≤
0.4567
*
4.0
+
0.2
*
0.4
+
0.25
*
0.2
S
i
≤
1.96
S
i
≥
0.4567
*
M
g
+
0.2
*
M
n
+
0.25
*
F
e
-
0.6
S
i
≥
0.4567
*
4.0
+
0.2
*
0.4
+
0.25
*
0.2
-
0.6
S
i
≥
1.36
wherein Saikawa teaches Si values within said calculated range of 1.36-1.96% Si.
Concerning claims 8-10, because Saikawa teaches an overlapping Al-Mg-Si with added Sr foundry alloy, together with substantially identical processing of casting by die casting (Saikawa at [0035]), then substantially the same UTS, YS, and/or elongation (cl. 8), as well as hot tearing index (cl. 10), are expected in the prior art, as in the instant invention. See MPEP 2112 and Best, supra.
Concerning claims 11, 13, 14, Saikawa teaches a process of high pressure die casting [0035] with cracks being prevented (see Saikawa at [0063] and Fig. 1, wherein examples of Saikawa exhibit 0 area% cracking, which meets the instant “crack free” limitation). Saikawa teaches a T5 heat treatment provides the predictable purpose of increasing strength [0012], at an increase in cost. It would have been within the level of one of ordinary skill in the art to have applied a T5 temper (which is absent of a separate solution heating, cl. 14), in order to provide the predictable purpose of increasing strength. Alternatively, the examples of Saikawa are held to be in an “as-cast” state, which qualifies as a F-temper.
Concerning claims 15-17, 19, 20, it would have been obvious to one of ordinary skill in the art to have die cast a variety of automotive structural components, such as a door frame, shock tower, or tunnel structure, because Saikawa teaches said Al-Mg-Si die cast alloy exhibits an excellent combination of strength and elongation as well as crack resistance [0019].
Response to Amendment/Arguments
In the response filed on 7/16/24 applicant submitted various arguments traversing the rejections of record, and re-submitted a declaration (with a corrected date on page 9). No new matter has been added.
Applicant’s argument that the instant invention is allowable because Saikawa does not teach β-phase is within the claimed maximum of ≤0.012 wt% (amended claims 1 and 11) has not been found persuasive. As set forth above, because Saikawa and Wang teach an overlapping Al-Mg-Si alloy, together with substantially identical processing of casting by die casting (Saikawa at [0035]), then substantially the same microstructural phases, would be inherently expected to occur for the prior art, as for the instant invention. See MPEP 2112 and Best, supra. Additionally/alternatively, Wang teaches β phase is dependent on Fe+Mn content [0026] and eliminating β-phase is important to improving ductility and minimizing cracks [0030,0026]. It therefore would have been obvious to one of ordinary skill in the art to adjust the Fe+Mn content to eliminate β-phase to the extent practical (within the claimed maximum of ≤0.012 wt%) from the Al-Mg-Si alloy taught by Saikawa and Wang (wherein said alloy overlaps the claimed Fe+Mn content, taught by Wang to be critical to eliminate β phase), in order to improve ductility and minimize cracks (taught by Wang at [0026, 0030]).
Applicant’s argument that the instant invention is allowable because the prior art does not teach or suggest the claimed freezing/solidification range has not been found persuasive. It would have been obvious to one of ordinary skill in the art to optimize the solidification/freezing range of the overlapping alloy taught by Saikawa, as Wang (see [0025,0028]) teaches that small freezing /solidification ranges when high pressure die casting aluminum alloys are advantageous in that they lead to low shrinkage porosity and good castability of the alloys.
Conclusion
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/GEORGE WYSZOMIERSKI/ Primary Examiner, Art Unit 1733
/J.C.M/Examiner, Art Unit 1733 9/25/25