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 .
Status of Claims
Claims 1 and 10 are amended in view of applicant’ response filed 3/20/2026. Claims 6-8 and 21 are canceled. Therefore, claims 1-5, 9-20 and 22-24 are currently under examination.
Status of Previous Office Action
The rejection of claims 8 and 10 under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, has been withdrawn in view of the cancellation of claim 8 and the amendment of claim 10 in applicant’s response filed 3/20/2026.
The rejection of claims 21 under 35 U.S.C. 112(d) or 35 U.S.C. 112 (pre-AIA ), 4th paragraph, has been withdrawn in view of the cancellation of claim 21 in applicant’s response filed 3/20/2026.
The rejection of claims 1-5, 10, 15 and 21-22 under 35 U.S.C. 103 as being unpatentable Boger et al. US 2006/0118216(Boger) has been withdrawn in view of applicant’s claim amendment in the response filed 3/20/2026.
Claim Rejections - 35 USC 03
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 18-19 are rejected under 35 U.S.C. 103 as being unpatentable Boger et al. US 2006/0118216(Boger).
Boger teaches an aluminum alloy surface treatment method comprising:
Providing an Al alloy surface with a flux[0013, 0020, 0022, 0026, 0032];
Applying a passivation solution to the Al surface, wherein the passivation solution contains a Group IV metal compound such as Zr containing compound in the form of a carbonate salt[0017, 0019,0021] and a Group I metal compound such as sodium or potassium compound in the form of a silicate(i.e. water glass)[0017, 0019, 0021].
The broadest scope Boger includes a method for a method for passivating an aluminum surface provided with a flux and applying a passivation solution comprising a zirconium carbonate and sodium silicate(i.e. water glass). Boger further teaches that the group VI metal compound(i.e. including zirconium carbonate) is preferably in aqueous phase[0023], which implies that the zirconium compound is added as a solution. Additionally, the zirconium compound such as a carbonate salt would have reacted with the sodium silicate present in the passivation solution of Boger to form zirconium silicate as claimed.
Furthermore, the Zr compound as taught by Boger is in a concentration of 0.1-5%[0031], when reacted with sodium silicate (water glass) present in the passivation solution of Boger, would have also formed zirconium silicate in an amount that overlaps the claimed amount of zirconium silicate. Therefore, the resulting protective passivation coating layer on the aluminum surface formed by the process of Boger would have had similar amounts of reaction product as the passivation coating produced by the process of the instant application.
Boger further teaches that the solution is applied and heated at a preferred temperature of 150-200°C[0014] and at a pressure higher than atmospheric pressure[0030]. Therefore, the coating temperature and pressure as taught by Boger are the same as the temperature and pressure of the instant application. Boger further teaches that the flux comprise potassium aluminum fluoride0020], which is the same flux material used in the instant application.
Regarding claim 18, Boger further teaches that the aluminum surface can be used in making parts of a CAB brazed heat exchanger as claimed[0008, 0032], a plurality of these aluminum parts are connected to one another by soldering, which would have had at least one soldered point as claimed[0037-0039]. Since Boger teaches a heat exchanger with a passivated aluminum surface that undergoes a process that is significantly similar to the process disclosed by the instant specification with a passivation solution containing similar amounts of zirconium silicate, one of ordinary skill in the art would have expected that the heat exchanger with aluminum parts produced by the process of Boger to be significantly similar to the claimed heat exchanger. Additionally, the instant claim is a product by process claim. It is well settled that a product-by-process claim defines a product, and that when the prior art discloses a product substantially the same as that being claimed, the burden falls upon the applicant to show that any process steps associated therewith results in a product materially different from that disclosed in the prior art. See In re Thorpe, (227 USPQ 964), In re Brown, (173 USPQ 685), In re Fessman, (180 USPQ 524) and MPEP 2113. In this case, since the heat exchanger as taught by Boger is substantially the same as claimed heat exchanger, the burden falls upon the applicant to show that any process steps of Boger as disclosed in parent claim 1 results in a heat exchanger product materially different from the heat changer of Boger.
Regarding claim 19, CAB brazed heat exchangers are widely used in automotive industry, which means Boger inherently teaches a motor vehicle comprising a CAB brazed heat exchanger.
Allowable Subject Matter
Claims 1-5, 9-17, 20 and 22-24 are allowed.
The following is an examiner’s statement of reasons for allowance:
The teaching of the closest prior art Boger is discussed in section 7 above.
However, the process of Boger does not disclose or fairly suggest, either alone or in combination, a method for passivating an aluminum surface wherein the passivation solution is produced by mixing a zirconium solution with a water glass dispersion containing water glass used in the passivation solution has a water glass concentration of 5-25% as recited in claims 1 and 11
Additionally, the process of Boger does not disclose or fairly suggest, either alone or in combination, a method for passivating an aluminum surface wherein the passivation solution contains polyurethane dispersion and/or ammonium vanadate in additional to a water glass dispersion.
Additionally, the process of Boger does not disclose or fairly suggest, either alone or in combination, a method for passivating an aluminum surface wherein the passivation solution contains 5-30g/l of tartaric acid in additional to a water glass dispersion.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Response to Arguments
Applicant's arguments filed 3/20/2026 have been fully considered but they are not persuasive for the same reason set forth above in the rejection of claims 18-19 above.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LOIS L ZHENG whose telephone number is (571)272-1248. The examiner can normally be reached Mon-Fri 8:15-4:45.
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LOIS ZHENG
Primary Examiner
Art Unit 1733
/LOIS L ZHENG/Primary Examiner, Art Unit 1733
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