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 .
Priority
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 84 and 86-91 are rejected under 35 U.S.C. 103 as being obvious over Capistrano (WO 2016/128704) in view of Kaiser (US 2016/0332254), Evangelista (US 2014/003860) or Gao (CN103056533) and Katsuhiko (JP2007165690). Capistrano (US 2018/0045232) is being used as an English language equivalent for Capistrano (WO 2016/128704). An English machine translation of Gao (CN103056533) and Katsuhiko (JP2007165690) is included with the Notice of Reference Cited (PTO-892).
With respect to the limitations of claim 84, Capistrano teaches a method of laser processing metal based materials (title, abstract, 0011, 0012), the method comprising:
a. placing a component in a laser system (Fig 6, laser 61, laser scanner 67, 0104); the component comprises a first metal based material (first material 1, 0107, 0116) in contact with a second metal based material (second material 2, 0107, 0116);
b. directing a laser beam (laser 61, laser scanner 67) at the component, thereby joining (weld 3, 0104) the first metal based material to the second metal based material, to form a joined component; the joined component comprises a HAZ (Fig 28, heat affected zone 281, 0193) and a resolidification zone (welding area 3); and the laser beam is directed to component as a focused spot (0027, providing an objective lens for focusing the laser pulses onto the surface) having a power density (Table 1, Typ. peak power at Emax (kW), 0174); and,
c. a microstructure of the first metal based material, the second metal based material, the HAZ and the resolidification zone show no discernable difference in the joined component that would indicate a weakness (0141, 0142, good mixing of the metals is achieved, which allows for the first metal based material, the second metal based material, the HAZ and the resolidification zone show no discernable difference in the joined component; 0193, there is generally no heat affected zone visible on the bottom surface).
Capistrano discloses the claimed invention except for the laser beam having a wavelength in a range of 405 nm to 500 nm and the microstructure comprises crystal growth regions of similar size; the power density of less than 800 kW/cm2.
However, Kaiser discloses the laser beam having a wavelength in a range of 405 nm to 500 nm (0006, 0014, 0024, wavelength of 500 to 540 nm) is known in the art. It would have been obvious for one having ordinary skill in the art before the effective filing date of the invention to adapt the laser welding method of Capistrano having laser with a wavelength silent to the wavelength in the range of 400 to 500 nm with the laser beam having a wavelength in the range of 400 to 500 nm of Kaiser for the purpose of using a known laser beam wavelength that are readily absorbed by workpieces materials such as copper and other bright metals such as gold and silver so that good welding penetration depth is achieved (0006).
Moreover, Evangelista discloses the microstructure comprises crystal growth regions of similar size, or both (0037, the composition and the microstructure of the weld joint and of the base material layer can become nearly identical…but subsequent heat treatments, such as hot-stamping and hot-forming operations, can austenize the weld joint or otherwise make the steel microstructure throughout the welded blank assembly more uniform) is known in the art. It would have been obvious for one having ordinary skill in the art before the effective filing date of the invention to adapt the laser welding method of Capistrano silent to microstructure with the microstructure comprises crystal growth regions of similar size, or both of Evangelista for the purpose of providing a known subsequent heat treating process that provides for a uniform composition and the microstructure of the weld joint and of the base material layer can become nearly identical (0037), thereby improving the mechanical properties of the workpiece.
Additionally, Gao discloses the microstructure comprises crystal growth regions of similar size, or both (0013, wide weld seam improves the uniformity of the heat distribution of the entire welding pool, thereby promoting the uniformity of the macroscopic size of the weld seam and solidification crystallization) is known in the art. It would have been obvious for one having ordinary skill in the art before the effective filing date of the invention to adapt the laser welding method of Capistrano silent to microstructure with the microstructure comprises crystal growth regions of similar size, or both of Gao for the purpose of providing a known oscillating scanning laser beam configuration that improves the uniformity of the heat distribution of the entire welding pool, thereby promoting the uniformity of the macroscopic size of the weld seam and solidification crystallization.
Furthermore, Katsuhiko discloses the laser power density of less than 800 kW/cm2 (0027, laser density between 0.4~1.5 Mw/cm2) is known in the art. It would have been obvious for one having ordinary skill in the art before the effective filing date of the invention to adapt the laser welding method of Capistrano having a laser beam directed to component as a focused spot silent to the power density with the laser power density of less than 800 kW/cm2 of Katsuhiko for the purpose of using a known laser power density that are readily absorbed by workpieces materials such as copper, so that good welding penetration depth is achieved (0019, 0027).
With respect to the limitations of claims 86, 87, 88, 89, 90 and 91, Capistrano teaches the joining of the first and second metal based materials comprises soldering the first and second metal based materials together (Fig 12, at least some of the first material 1 may be injected into the second material 2, as shown by the zones 121 of the resulting microweld 8, 0109);
the joining of the first and second metal based materials comprises welding the first and second metal based materials together (Fig 6, weld 3, 0104; Fig 15, 0120);
the first metal based material is selected from the group consisting of gold, brass, silver, aluminum, nickel, stainless steel, and alloys thereof (0116);
the second metal based material is selected from the group consisting of gold, brass, silver, aluminum, nickel, stainless steel, and alloys thereof (0116);
the first metal based material and the second metal based material are the same (0116);
the first metal based material, the second metal based material, or both materials, comprises one or more of gold, brass, silver, aluminum, nickel, stainless steel, and alloys thereof (0116).
Claim 85 is rejected under 35 U.S.C. 103 as being obvious over Capistrano (WO 2016/128704) in view of Kaiser (US 2016/0332254) and Evangelista (US 2014/003860) or Gao (CN103056533) and Katsuhiko (JP2007165690) as applied to claim 84, further in view of Capostagno (KR20170116118A). Capostagno (US 2018/0029163) is being used as an English language equivalent for Capostagno (KR20170116118A).
With respect to the limitations of claim 85, Capistrano discloses changing a spot size based on properties of the workpiece material (0056) and a focused spot (0027). Capistrano discloses the claimed invention except for the focused spot has a spot size in a range of 100 microns to 3 millimeters. However, Capostagno discloses the focused spot (Figs 1-3, objective lens 5, 0052) has a spot size in a range of 100 microns to 3 millimeters (0085, spot size 34 may be 25 μm to 100 μm) is known in the art. It would have been obvious for one having ordinary skill in the art before the effective filing date of the invention to adapt the laser welding method of Capistrano having focused laser spot with an adjustable spot size silent to the focused spot with the focused spot has a spot size in a range of 100 microns to 3 millimeters of Capostagno for the purpose of using a known laser spot size that is suitable for laser processing of workpieces materials such as copper and other bright metals such as gold and silver (0002, 0005) so that an appropriate pulse fluence is achieved, resulting in a high quality weld (0055).
Claim 86 is rejected under 35 U.S.C. 103 as being obvious over Capistrano (WO 2016/128704) in view of Kaiser (US 2016/0332254) and Evangelista (US 2014/003860) or Gao (CN103056533) and Katsuhiko (JP2007165690) as applied to claim 84, further in view of Fouche (US 4,960,973).
With respect to the limitations of claim 86, Capistrano in view of Kaiser and Evangelista or Gao and Katsuhiko discloses the claimed invention except for explicitly showing the joining of the first and second metal based materials comprises soldering the first and second metal based materials together.
However, Fouche discloses the joining of the first and second metal based materials comprises soldering the first and second metal based materials together (Col 1, Lines 38-48) is known in the art. It would have been obvious for one having ordinary skill in the art before the effective filing date of the invention to adapt the laser joining method of Capistrano in view of Kaiser and Evangelista or Gao and Katsuhiko silent to laser soldering with the joining of the first and second metal based materials comprises soldering the first and second metal based materials together of Fouche for the purpose of using an alternative joining method for joining two metallic parts together (Abstract).
Response to Amendments
Claims 84 and 85 been amended.
Claims 1-83 and 92-110 have been cancelled.
Claims 84-91 are pending.
Response to Arguments
Applicant’s arguments filed 12/23/2025 with respect to claims 84-91 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 THIEN S TRAN whose telephone number is (571)270-7745. The examiner can normally be reached Monday-Friday [8:00-4:00].
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/THIEN S TRAN/Primary Examiner, Art Unit 3761 2/25/2026