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.
Election/Restrictions
Claims 43-47 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected invention, there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on 11/18/2025.
Applicant's election with traverse of group I (claims 24-42) in the reply filed on 11/18/2025 is acknowledged. The traversal is on the ground(s) that the claims should be analyzed for unity under 37 CFR 1.475 has not been meet. This is not found persuasive because as set forth below, groups I, II, III and IV lack unity of invention. The requirement is still deemed proper and is therefore made FINAL.
Restriction is required under 35 U.S.C. 121 and 372. This application contains the following inventions or groups of inventions which are not so linked as to form a single general inventive concept under PCT Rule 13.1.
In accordance with 37 CFR 1.499, applicant is required, in reply to this action, to elect a single invention to which the claims must be restricted.
Group I, Claims 24-42 are drawn to a method of producing a precoated steel blank with a laser cut edge having 15% or more of oxygen content, classified in B23K 26/126
Group II, claim 43 is drawn to a method of producing a precoated steel blank with a laser cut edge having between 6% and 15% of oxygen content, classified in B23K 26/70
Group III, claim 44 is drawn to a method of producing a precoated steel blank with a laser cut edge having between 0.5% and 6% of oxygen content, classified in B23K 26/70
Group IV, claims 45-47 are drawn to a welded blank with a specific aluminum content and aluminum oxide particle size in the weld zone, classified in C22C 38/06
The groups of inventions listed above do not relate to a single general inventive concept under PCT Rule 13.1 because, under PCT Rule 13.2, they lack the same or corresponding special technical features for the following reasons:
In the instant case, the special technical feature of Group II is “i.e. wherein the substrate portion of the laser cut edge has an oxygen content in weight greater than or equal to 15% and an aluminum content in weight less than or equal to 6.0%, which is not a special technical feature of Groups I, III or IV. Invention III recites (i.e. wherein the oxygen content in weight of the brushed substrate portion is greater than or equal to 0.5% and the aluminum content in weight of the brushed substrate portion is less than 6.0%) which is not a special technical feature of Groups I, II or IV. Invention IV recites (i.e. wherein the aluminum content in weight of the welded zone is less than or equal to 0.3% and wherein the welded zone contains at least 0.2% in volume of Aluminum oxide particles having a diameter less than or equal to 2 micrometers) which is not a special technical feature of Groups I, II or III.
The groups lack the same or corresponding technical feature because the purpose and effects of the special technical features are different for each of the groups and are not required by each of the groups. There is no technical relationship between the features of the inventions and thus lack unity and do not relate to a single general inventive concept under PCT Rule 13.1.
Applicant is advised that the reply to this requirement to be complete must include (i) an election of a species or invention to be examined even though the requirement may be traversed (37 CFR 1.143' and (ii) identification of the claims encompassing the elected invention.
The election of an invention or species may be made with or without traverse. To preserve a right to petition, the election must be made with traverse. If the reply does not distinctly and specifically point out supposed errors in the restriction requirement, the election shall be treated as an election without traverse. Traversal must be presented at the time of election in order to be considered timely. Failure to timely traverse the requirement will result in the loss of right to petition under 37 CFR 1.144. If claims are added after the election, applicant must indicate which of these claims are readable on the elected invention or species.
Should applicant traverse on the ground that the inventions have unity of invention (37 CFR 1.475(a)), applicant must provide reasons in support thereof. Applicant may submit evidence or identify such evidence now of record showing the inventions to be obvious variants or clearly admit on the record that this is the case. Where such evidence or admission is provided by applicant, if the examiner finds one of the inventions unpatentable over the prior art, the evidence or admission may be used in a rejection under 35 U.S.C. 103(a) of the other invention.
Claim Objections
Claim 34 is objected to because of the following informalities: line 4 recites “the method as nrecited”, which should be amended to “the method as . Appropriate correction is required.
Claims 35-40 are also objected to because they are dependent upon claim 34.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 24-41 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 24, line 2 recites “the successive”; claim 30, lines 1-2 recites “the Aluminum content”; claim 33, lines 1-2 recites “the linear energy; the oxygen content in volume %”; claim 34, line 2 recites “the steps”, line 9 recites “the laser cut edge”; claim 36, line 3 recites “the metallic layer”; claim 38, line 2 recites “the intermetallic alloy”; claim 41, line 2 recites “the successive steps”.
Claims 25-29, 31, 32, 35, 37, 39, 40 and 42 are also as being dependent upon claims 24, 34 and 41.
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 24-41 are rejected under 35 U.S.C. 103 as being obvious over Cretteur (US 2015/0030382) in view of Hirokazu (JP2014237141).
With respect to the limitations of claim 24, Cretteur teaches a method for producing a precoated steel blank, the method comprising the successive steps of: providing a precoated steel strip including a steel substrate (Figs 2-4, steel substrate 6, 0072, 0177) having, on at least one main face, a precoating, the precoating including an intermetallic alloy layer (intermetallic alloy layer 5, 0072, 0177) and a metallic layer extending atop (aluminum or aluminum-based alloy metallic alloy layer 7, 0072, 0143, 0178) the intermetallic alloy layer, the metallic layer being a layer of aluminum, a layer of aluminum alloy or a layer of aluminum-based alloy (0072, 0143); and cutting the precoated steel strip in order to obtain at least one precoated steel blank, the precoated steel blank including a cut edge surface resulting from the cutting (0070, the respective cut edges of the peripheral edges of the first and second sheets destined to be subjected to the welding operation contain no aluminum or aluminum alloy, the presence of which can result from a previous cutting operation of each of the first and second sheets).
Cretteur discloses the claimed invention except for laser cutting the precoated steel strip in order to obtain at least one precoated steel blank, the precoated steel blank including a laser cut edge surface resulting from the laser cutting, the laser cut edge surface including a substrate portion and a precoating portion; the laser cutting is carried out in such a way that the substrate portion of the laser cut edge directly resulting from the cutting operation has an oxygen content greater than or equal to 15%in weight.
However, Hirokazu discloses laser cutting the precoated steel strip (0009, coated with an alloy containing Zn, such as Zn and Al, Zn and Ni, or Zn, Al and Mg, as the plated metal) in order to obtain at least one precoated steel blank, the precoated steel blank including a laser cut edge surface resulting from the laser cutting, the laser cut edge surface including a substrate portion and a precoating portion (0007, 0009, 0010, forming an oxide film on the cut end surface to prevent a decrease in the end surface's rust prevention ability); the laser cutting is carried out in such a way that the substrate portion of the laser cut edge directly resulting from the cutting operation has an oxygen content greater than or equal to 15%in weight (assist gas is oxygen, 0006, 0007, 0010, 0012) 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 method for producing a precoated steel blank of Cretteur having metallic plating layer with a cut edge silent to the type of cutting with the cutting being laser cutting the precoated steel strip in order to obtain at least one precoated steel blank, the precoated steel blank including a laser cut edge surface resulting from the laser cutting, the laser cut edge surface including a substrate portion and a precoating portion of Hirokazu for the purpose of using a known laser cutting and oxygen assist gas configuration that allows the plating to cover cut edges of the steel workpiece to allow for improve rust protection (0010).
Adapting the laser cutting and oxygen assist gas of Hirokazu with the plated steel workpiece of Cretteur would result in a cut edge directly resulting from the cutting operation has an oxygen content greater than or equal to 15%in weight, and therefore fully discloses the limitations of “the laser cutting is carried out in such a way that the substrate portion of the laser cut edge directly resulting from the cutting operation has an oxygen content greater than or equal to 15%in weight”.
With respect to the limitations of claims 25, 26, 27, 29, 31 and 32, Cretteur in view of Hirokazu discloses the laser cutting is performed using an assist gas containing at least 10% of Oxygen in weight (Hirokazu, assist gas is oxygen, 0006, 0007, 0010, 0012);
the assist gas contains at least 18% of Oxygen in weight (Hirokazu, assist gas is oxygen, 0006, 0007, 0010, 0012);
the assist gas is pure oxygen (Hirokazu, assist gas is oxygen, 0006, 0007, 0010, 0012);
further comprising performing a brushing operation (Cretteur, 0191, these traces of aluminum or aluminum alloy at the level of the cut edge 10 of the sheet 4 are also removed by brushing prior to the welding operation) after the laser cutting on at least part of the laser cut edge (Hirokaza discloses a laser cut edge) to form a brushed cut edge, the brushed cut edge including a brushed substrate portion and at least one brushed precoating portion;
the brushed cut edge extends over an entire length (Cretteur, 0191) of the laser cut edge (Hirokaza discloses a laser cut edge);
the brushed cut edge extends over only part (Cretteur, 0191) of the laser cut edge (Hirokaza discloses a laser cut edge);
With respect to the limitations of claim 34, Cretteur discloses a method for manufacturing a welded blank, comprising the steps of: producing a first and a second precoated (precoating 15, 16, 0192) steel blank (Figs 2-4, first sheet 11, second sheet 12, substrate 25, 26, 0192, 0072, steel sheet), at least one among the first and the second precoated steel blanks being produced using the method as recited in claim 24 (as set forth in the rejection of claim 24 above) to form a laser cut edge (Hirokaza discloses a laser cut edge) on at least one of the precoated steel blanks; butt welding a weld edge of the first precoated steel blank to a weld edge of the second precoated steel blank (see figures 3, 4) so as to create a weld joint (Fig 4, weld zone 35, 0206) between the first and second precoated steel blanks and thus obtain a welded blank, the butt welding step includes a step of arranging the first and second precoated steel blanks in such a manner that the laser cut edge (Hirokaza discloses a laser cut edge) of at least one of the first and second precoated steel blanks is one of the weld edges (Figs 3, 4).
With respect to the limitations of claims 28, 30 and 33, Cretteur in view of Hirokazu discloses the claimed invention except for a product linear energy of the laser used for the laser cutting operation by the oxygen content in volume % of the assist gas is greater than or equal to 0.09kJ/cm, is greater than or equal to 0.03kJ/cm; the aluminum content in weight of the brushed substrate portion is less than 6.0%. However, it would have been obvious for one having ordinary skill in the art before the effective filing date of the invention was made to have the laser cutting operation by the oxygen content in volume % of the assist gas is greater than or equal to 0.09kJ/cm, is greater than or equal to 0.03kJ/cm; the aluminum content in weight of the brushed substrate portion is less than 6.0%, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges of oxygen content in volume % and aluminum content and involves only routine skill in the art (see MPEP 2144.04)
With respect to the limitations of claims 35, 36, 37, 38, 39 and 40, Cretteur discloses the welding operation is a laser welding operation (0192, laser welding; 0192, laser beam 30);
further comprising, prior to the butt-welding step, a step of removing, for at least one of the first and second precoated steel blanks, the metallic layer in a removal zone adjacent to the weld edge of said precoated steel blank (Fig 2, 0180, the metal alloy layer 7 is removed at the level of the periphery 9 of the sheet 4 which is destined to undergo the subsequent welding operation);
the removal of the metallic layer is performed using a laser beam (0185, 0186, laser beam);
during the removal step, the intermetallic alloy layer is left in the removal zone over at least a portion of its height (Fig 2, intermetallic alloy layer 5 which remains, 0183);
the laser welding operation is performed using a filler wire or powder addition (filler wire 32, 0194);
the filler wire or powder contains austenite-forming alloying elements (0112-0118).
With respect to the limitations of claims 41 and 42, Cretteur discloses a method for manufacturing a press-hardened steel part comprising the successive steps of: carrying out the method as recited in claim 34 (as set forth in the rejection of claim 34 above) in order to obtain a welded blank; heating said welded blank so as to obtain an at least partly austenitic structure said welded blank (0003, 0220, 0221, hot stamped welded blanks); hot forming the welded blank in a press to obtain a press-formed steel part (0220, 0221, hot stamped welded blanks); and cooling the steel part in the press (0003, rapidly cooled in the forming die) so as to obtain the press-hardened steel part.
the cooling rate is equal to or greater than the critical martensitic or bainitic cooling rate of the steel blanks (0003, rapidly cooled in the forming die).
Conclusion
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/THIEN S TRAN/Primary Examiner, Art Unit 3761 12/18/2025