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 was filed in this application after a decision by the Patent Trial and Appeal Board, but before the filing of a Notice of Appeal to the Court of Appeals for the Federal Circuit or the commencement of a civil action. 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examination under 37 CFR 1.114 and the fee set forth in 37 CFR 1.17(e) has been timely paid, the appeal has been withdrawn pursuant to 37 CFR 1.114 and prosecution in this application has been reopened pursuant to 37 CFR 1.114. Applicant’s submission filed on December 29, 2025 has been entered.
Status of the Claims
Claims 1, 13 and 15-23 are pending wherein claim 1 is amended, claims 2-12 and 14 are canceled and claims 15-23 are new.
Status of Previous Rejections
The previous rejection of claim 1 under 35 U.S.C. 103 as being unpatentable over Aruga et al. (WO 2016/031937) is withdrawn in view of the Applicant’s amendment to claim 1.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1, 13 and 15-23 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
With respect “wherein, when present, tin is included in the aluminum alloy sheet product has one of the impurities” there is no mention of tin in the specification and there is no reference to it being one of the impurities and therefore the Examiner considers this to be new matter that lacks support in the specification.
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, 13 and 15-23 are rejected under 35 U.S.C. 103 as being unpatentable over Bohner et al. (US 2012/0273098).
In regard to claim 1, Bohner et al. (‘098) discloses aluminum alloy sheet metal components having compositions relative to that of the instant invention as set forth below [0031-0032].
Element
Instant Claim
(weight percent)
Bohner et al. (‘098)
(weight percent)
Overlap
Si
0.7 – 1.4
0 – 0.7
0.7
Mg
0.7 – 1.3
0.3 – 5.5
0.7 – 1.3
Zn
0.70 – 3.0
2 – 8
2 – 3
Cu
0.55 – 1.3
0 – 4.5
0.55 – 1.3
Fe
0.01 – 0.30
0 – 0.8
0.01 – 0.30
Mn
0 – 0.70
0 – 1
0 – 0.70
Cr
0 – 0.15
0.05 – 1
0.05 – 0.15
Zr + Ti
0 – 0.45
0.04 – 0.50
0.04 – 0.45
V
0 – 0.20
0
0
Al
Balance
Balance
Balance
The Examiner notes that the amounts of silicon, magnesium, zinc, copper, iron, manganese, chromium, zirconium, titanium and vanadium in the aluminum alloys disclosed by Bohner et al. (‘098) overlap the amounts of the instant invention, which is prima facie evidence of obviousness. MPEP 2144.05 I. It would have been obvious to one having ordinary skill in the art prior to the filing of the invention to have selected the claimed amounts of silicon, magnesium, zinc, copper, iron, manganese, chromium, zirconium, titanium and vanadium from the amounts disclosed by Bohner et al. (‘098) because Bohner et al. (‘098) discloses the same utility throughout the disclosed ranges.
With respect to the recitation “wherein, when present, tin is included in the aluminum alloy sheet product as one of the impurities” in claim 1, Bohner et al. (‘098) does not require the presence of tin and therefore reads on the claim.
With respect to the recitation “wherein the aluminum alloy sheet product has a thickness of from 1.0 to 4.0 mm” in claim 1, Bohner et al. (‘098) discloses wherein the thickness would range form 0.5 to 10 mm [0030].
With respect to the recitation “wherein the aluminum alloy sheet product realizes a TYS-LT of at least 235 MPa when naturally aged for 90 days and then paint baked at 180°C for 20 minutes” in claim 1, Bohner et al. (‘098) discloses wherein the aluminum alloy would have substantially similar compositions. Therefore, the claimed property would be expected. MPEP 2112.01 I.
In regard to claim 13, Bohner et al. (‘098) discloses making automobile sheets from the aluminum alloys [0002].
With respect to the recitation “wherein the aluminum alloy sheet realizes a TYS-LT of not greater than 175 MPa at 90 days of natural aging (“TYS-90NA”)” in claim 15, Bohner et al. (‘098) discloses wherein the aluminum alloy would have substantially similar compositions. Therefore, the claimed property would be expected. MPEP 2112.01 I.
With respect to the recitation “wherein the aluminum alloy sheet product realizes a (TYS-90NA) minus (TYS-7NA) of not greater than 20 MPa” in claim 16, Bohner et al. (‘098) discloses wherein the aluminum alloy would have substantially similar compositions. Therefore, the claimed property would be expected. MPEP 2112.01 I.
With respect to the recitation “wherein the aluminum alloy sheet product realizes a TYS-LT of at least 235 MPa when naturally aged for 30 days and then paint baked at 180°C for 20 minutes” in claim 17, Bohner et al. (‘098) discloses wherein the aluminum alloy would have substantially similar compositions. Therefore, the claimed property would be expected. MPEP 2112.01 I.
With respect to the recitation “wherein the aluminum alloy sheet product realizes a TYS-LT of at least 240 MPa when naturally aged for 90 days and then paint baked at 180°C for 20 minutes” in claim 18, Bohner et al. (‘098) discloses wherein the aluminum alloy would have substantially similar compositions. Therefore, the claimed property would be expected. MPEP 2112.01 I.
With respect to the recitation “wherein the aluminum alloy sheet product realizes a TYS-LT of at least 220 MPa when naturally aged for 90 days and then paint baked at 180°C for 20 minutes” in claim 19, Bohner et al. (‘098) discloses wherein the aluminum alloy would have substantially similar compositions. Therefore, the claimed property would be expected. MPEP 2112.01 I.
With respect to the recitation “wherein the aluminum alloy sheet product realizes a TYS-LT of at least 225 MPa when naturally aged for 90 days and then paint baked at 180°C for 20 minutes” in claim 20, Bohner et al. (‘098) discloses wherein the aluminum alloy would have substantially similar compositions. Therefore, the claimed property would be expected. MPEP 2112.01 I.
With respect to the recitation “wherein the aluminum alloy sheet product realizes a TYS-LT of least 350 MPa when naturally aged for 30 days and then artificially aged at 180°C for 8 hours” in claim 21, Bohner et al. (‘098) discloses wherein the aluminum alloy would have substantially similar compositions. Therefore, the claimed property would be expected. MPEP 2112.01 I.
With respect to the recitation “wherein the aluminum alloy sheet product realizes a TYS-LT of not greater than 150 MPa at 7 days of natural aging (“TYS-7NA”)” in claim 22, Bohner et al. (‘098) discloses wherein the aluminum alloy would have substantially similar compositions. Therefore, the claimed property would be expected. MPEP 2112.01 I.
With respect to the recitation “wherein the aluminum alloy sheet product realizes a TYS-LT of not greater than 145 MPa at 7 days of natural aging (“TYS-7NA”)” in claim 23, Bohner et al. (‘098) discloses wherein the aluminum alloy would have substantially similar compositions. Therefore, the claimed property would be expected. MPEP 2112.01 I.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1 and 13 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Jessee Roe whose telephone number is (571)272-5938. The examiner can normally be reached Monday thru Friday 7:30 am to 4 pm.
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/JESSEE R ROE/Primary Examiner, Art Unit 1759
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