DETAILED ACTION
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 May 6, 2026 has been entered.
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
Receipt is acknowledged of a certified copy of EP 20160733.0 filed March 3, 2020 as required by 37 CFR 1.55. Receipt is also acknowledged of WO 2021/175761, a copy of the WIPO publication of PCT/EP2021/05499 filed March 1, 2021.
Claim Status
This Office Action is in response to Applicant’s Remarks and Claim Amendments filed May 6, 2026.
Claims Filing Date
May 6, 2026
Amended
13, 17
Cancelled
1-12, 18, 20
Pending
13-17, 19, 21-24
Withdrawn
21-24
Under Examination
13-17, 19
With respect to the claim 13 amendments, applicant’s [0027] recites “cold reduction introduced after hot rolling and performed on a material which is essentially un-recrystallized”. Similarly, [0067] recites “our processes where a cold reduction is applied prior to the intermediate annealing in a cold mill rolling the (essentially un-recrystallized) material exiting the hot rolling state before the material is transferred to the intermediate annealing.”
Withdrawn Claim Objection
The following objection is withdrawn due to claim amendment:
Claim 13 line 16 “said body”.
Withdrawn Claim Rejections - 35 USC § 112
The following 112(b) rejections are withdrawn due to claim amendment:
Claim 13 line 20 “the hot rolled material”.
Claim 13 line 22 “the cooled down hot rolled sheet”.
The following 112(d) rejection is withdrawn due to claim amendment:
Claim 17 lines 1-2 “the hot rolling exit temperature is 200°C to 320°C”.
The following 112(d) rejections are withdrawn due to claim cancellation:
Claim 18 lines 1-2 “a cold reduction between 5% and 70% is applied in the cold rolling mill rolling the hot rolled sheet”.
Claim 20 lines 1-2 “a total reduction of more than 70% is applied to the aluminum sheet between hot mill exit gauge and the final gauge”.
Response to Remarks filed May 6, 2026
Teruda ‘551; Teruda ‘551 in view of Troeger
Applicant’s arguments, see Remarks pp. 4-5, filed May 6, 2026, with respect to Teruda ‘551 have been fully considered and are persuasive. The rejections of Teruda ‘551 and of Teruda ‘551 in view of Troeger have been withdrawn.
The applicant persuasively argues recrystallization after hot rolling is essential in Teruda ‘551 (Teruda ‘551 para. spanning pp. 1-2) (Remarks p. 4 para. 3, p. 5 para. 3) as supported by the hot-rolled sheet having microstructure having recrystallized grains and sub-grains of 10 um or less being 50% or more (Remarks para. spanning pp. 4-5).
Teruda ‘551 discloses after hot rolling recrystallized grains and subgrains of 10 um or less accounting for 50% or more in total is important for controlling the ear ratio during forming (p. 3 para. 3).
Komatsubara
Applicant's arguments filed May 6, 2026 with respect to Komatsubara have been fully considered but they are not persuasive.
The applicant argues Komatsubara discloses five or six consecutive treatment steps (Remarks p. 7 paras. 6-7) that are incompatible with the “consisting of” language of claim 13 (Remarks p. 9 para. 2).
A reference may be relied upon for all that it would have reasonably suggested to one having ordinary skill in the art, including nonpreferred embodiments. MPEP 2123(I).
The process of Komatsubara from homogenization through the first pass of cold rolling after recrystallization annealing ([0023]-[0030]) reads on the claim 13 “consisting of” process.
Applicant’s Claim 13
Komatsubara Disclosure
Komatsubara Citation
Homogenization
Homogenization
[0023]
Hot rolling
Hot rolling
[0024]
Cooling and cold rolling
Cooling and primary cold rolling
[0025]-[0026]
Recrystallization annealing
Recrystallization annealing
[0027]
Cold rolling
First pass cold rolling after recrystallization annealing
[0029]-[0030]
The applicant argues Komatsubara applies a softening annealing between cold rolling passes, such that recrystallization annealing after hot rolling is integral in Komatsubara (Remarks p. 8 para. 2).
Komatsubara discloses subjecting the hot rolled to sheet to cold rolling then recrystallization annealing ([0025]-[0026]) followed by cold rolling ([0029]).
With respect to softening annealing, Komatsubara discloses it is performed in between cold rolling passes after recrystallization annealing ([0030]). However, the first pass of cold rolling after recrystallization annealing and prior to softening annealing reads on the claimed cold rolling after recrystallization annealing, rendering the claim 13 process obvious.
While Komatsubara discloses when cold rolling then recrystallization annealing there may be a homogenization treatment before cold rolling, the term “may” indicates this process is optional and not required by Komatsubara. The absence of homogenization between hot rolling and cold rolling, which is within the scope of Komatsubara, reads on the process of claim 13.
The applicant argues Komatsubara’s recrystallization annealing, characterized as occurring before primary cold rolling, means the material entering the cold rolling mill is recrystallized, which is contrary to amended claim 13 (Remarks p. 8 para. 3, p. 9 para. 3).
Komatsubara discloses “the hot-rolled sheet…may be subjected to primary cold rolling…and then subjected to recrystallization annealing” ([0025]). Komatsubara discloses recrystallization annealing uniformly recrystallizes the structure ([0027]). Therefore, it is within the scope of Komatsubara to recrystallization anneal after cold rolling, such that cold rolling is performed on a cooled down sheet which is essentially unrecrystallized.
The applicant argues Komatsubara cold rolls with 60 to 90% reduction (Komatsubara [0026]), which is “far outside the claimed range of 5% to 70%” and is followed by first intermediate annealing to bring the plate material into a semi-softened state (Komatsubara [0027]) (Remarks para. spanning pp. 8-9).
Komatsubara discloses cold rolling before recrystallization annealing at 81% (Nos. 6 and 9) or 75% (No. 7) (Table 2), which are close to the claimed cold rolling range such that a prima facie case of obviousness exists. MPEP 2144.05(I).
For the above cited reasons, the rejection over Komatsubara is maintained.
Komatsubara in view of Teruda ‘551 and Troeger
Applicant's arguments filed May 6, 2026 with respect to Komatsubara in view of Teruda ‘551 and Troeger have been fully considered but they are not persuasive.
The applicant argues neither Teruda ‘551 nor Troeger cold roll an unrecrystallized sheet in the context of a four step “consisting of” process (Remarks p. 9 para. 4).
In the pending rejection of Komatsubara in view of Teruda ‘551 and Troeger, neither Teruda ‘551 nor Troeger are relied upon to change the overall processing steps in Komatsubara. Rather, in the pending rejection cold rolling (Komatsubara [0025]-[0026], [0036], Table 2) at 30% or less is advantageously a light reduction that results in cube-oriented grains generates at the end that become recrystallization nuclei (Teruda ‘551 p. 4 paras. 1-2). Further, cold rolling (Komatsubara [0025]-[0026], [0036], Table 2) at room temperature advantageously plastically deforms the alloy to provide sufficient strain energy to ensure recrystallization (Troeger [0025], [0027], [0028], [0030]).
For the above cited reasons, the rejection over Komatsubara in view of Teruda ‘551 and Troeger is maintained.
New Grounds
In light of claim amendment and upon further consideration a new grounds of rejection is made over Tsubota.
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 13-17 and 19 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 13 line 26 “essentially unrecrystallized” renders the claim indefinite. The term “essentially” is a relative term. The term “essentially” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention.
Claims 14-17 and 19 are rejected as depending from claim 13.
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 13, 14, 17, and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Komatsubara (JP H09-287063 machine translation).
Regarding claim 13, Komatsubara discloses a method of producing aluminum can sheet ([0001], [0006]-[0007]) comprising:
providing a body made of an aluminum alloy type AA3004, AA3104 or other aluminum alloy suitable for making aluminum can sheet ([0008]-[0020]);
wherein the aluminum alloy comprises:
about 0.05 - 0.60 wt% Si (0.05 to 0.5%) ([0014]),
about 0.10 - 0.80 wt% Fe (0.1 to 0.7%) ([0013]),
about 0.70- 1.50 wt% Mn (0.5 to 1.8%) ([0012]),
about 0.80- 1.50 wt% Mg (0.5 to 1.8%) ([0011]),
about 0.05 - 0.25 wt% Cu (0.05 to 0.5%) ([0017]),
up to 0.10 wt% Ti (0.005 to 0.20%) ([0015]),
up to 0.25 wt% Zn (0.1 to 0.5%) ([0016]); and
up to 0.15 wt% impurities, each of the impurities at less than 0.05 wt% ([0020]);
with the remainder as Al ([0020]);
the method consisting of:
heating the body to a homogenization temperature ([0021]-[0023]);
hot rolling said body heated to the homogenization temperature in a hot rolling mill to produce a hot rolled sheet, said hot rolled sheet exiting the hot rolling mill at a hot rolling exit temperature with a hot mill exit gauge, wherein the hot rolling exit (end) temperature is selected from about 200°C to about 290°C (250°C to 330°C) to substantially avoid recrystallization of the hot rolled sheet (recrystallized grains are formed during subsequent annealing) ([0024]);
transferring the cooled down sheet to a cold rolling mill (primary/first cold rolling necessarily requires transferring to a cold rolling mill) ([0025]-[0026]);
(primary/first) cold rolling the cooled down sheet in the cold rolling mill to apply a cold reduction between 5% and 70% to produce a cold rolled sheet with a cold mill exit gauge smaller than the hot mill exit gauge (Nos. 6 and 9, 81%, No. 7, 75%), wherein cold rolling is performed on the cooled down sheet which is essentially unrecrystallized ([0024]-[0026], [0036], Table 2);
annealing the cold rolled sheet in an intermediate temperature range selected to allow recrystallization of the cold rolled sheet to obtain a fully (uniform/homogeneous) recrystallized annealed sheet (recrystallization annealing) ([0027]-[0028]); and
(final) cold rolling the fully recrystallized annealed sheet to apply a cold reduction from 70% to 95% (70% or more) to produce a cold rolled sheet with a final gauge ([0029]),
wherein a total reduction of more than 70% is applied to the aluminum sheet between the hot mill exit gauge and the final gauge (62 to 86%) ([0036], Table 2 last column).
With respect to the composition, hot rolling exit temperature, final cold rolling, and total reduction, in the case where the claimed ranges “overlap or lie inside ranges disclosed by the prior art” a prima facie case of obviousness exists. MPEP 2144.05(I).
With respect to primary/first cold rolling, a prima facie case of obviousness exists where the claimed ranges or amounts do not overlap with the prior art but are close such that one skilled in the art would have expected them to have the same properties. MPEP 2144.05(I).
Komatsubara discloses hot rolling then cold rolling ([0024]-[0026]), such that the hot rolled sheet is necessarily cooled down between hot rolling and cold rolling to a temperature at which cold rolling of aluminum is known to be done at to obtain a cooled down sheet. With respect to cooling to a temperature of 100°C or lower, “[W]here the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation.” MPEP 2144.05(II)(A).
Regarding claim 14, Komatsubara discloses the aluminum alloy comprises:
about 0.15 - 0.5 wt% Si (0.05 to 0.5%) ([0014]);
about 0.25 - 0.70 wt% Fe (0.1 to 0.7%) ([0013]);
about 0.80 - 1.40 wt% Mn (0.5 to 1.8%) ([0012]);
about 0.90 - 1.30 wt% Mg (0.5 to 1.8%) ([0011]);
about 0.10 - 0.25 wt% Cu (0.05 to 0.5%) ([0017]);
up to 0.10 wt% Ti (0.005 to 0.20%) ([0015]);
up to 0.25 wt% Zn (0.1 to 0.5%) ([0016]); and
up to 0.15 wt% impurities, each of the impurities at less than 0.05 wt% ([0020]);
with the remainder as Al ([0020]).
In the case where the claimed ranges “overlap or lie inside ranges disclosed by the prior art” a prima facie case of obviousness exists. MPEP 2144.05(I).
Regarding claim 17, Komatsubara discloses the hot rolling exit (end) temperature is 200°C to 280°C (250°C to 330°C) ([0024]). In the case where the claimed ranges “overlap or lie inside ranges disclosed by the prior art” a prima facie case of obviousness exists. MPEP 2144.05(I).
Regarding claim 19, Komatsubara discloses the method according to claim 13, wherein (recrystallization) annealing the cold rolled sheet is performed in a batch furnace ([0027], [0031]).
Claims 15 and 16 are rejected under 35 U.S.C. 103 as being unpatentable over Komatsubara (JP H09-287063 machine translation) as applied to claim 13 above, and further in view of Kenney (US 1,918,968).
Regarding claims 15 and 16, Komatsubara discloses hot rolling and winding (coiling) (p. 4 para. 1).
Komatsubara is silent to the hot rolling mill being a single stand reversing mill that is utilized in two different operation modes, wherein a first operation mode includes one or more flat passes and a second operation mode, utilized after the first operation mode, includes one or more coiling passes producing coiled sheet having the hot mill exit gauge.
Keeney discloses hot rolling using a single stand reversing mill (1:30-40, 2:50-56, 4:4-18, Figs. 1-2, claims 8-9), wherein the single stand reversing mill is utilized in two different operation modes, wherein a first operation mode includes one or more flat passes (claims 12, 15-22) and a second operation mode, utilized after the first operation mode, includes one or more coiling passes producing coiled sheet having the hot mill exit gauge (1:75-76, 2:50-56, 3:40-120, Fig. 2, claims 11-26).
It would have been obvious to one of ordinary skill in the art for Komatsubara to use the single stand reversing mill of Keeney, which operates both as flat passes and coiling passes, because the strip for rolling is heated effectively and economically and can be reduced to any hot rolling thinness in a single stand of rolls (Keeney 1:20-30) and it eliminates difficulties in entering and delivering the strip (Keeney 3:104-120).
Claims 13, 14, 17, and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Komatsubara (JP H09-287063 machine translation) in view of Teruda ‘551 (JP H04-228551 machine translation) and Troeger (US 2001/0023719).
Regarding claim 13, Komatsubara discloses a method of producing aluminum can sheet ([0001], [0006]-[0007]) comprising:
providing a body made of an aluminum alloy type AA3004, AA3104 or other aluminum alloy suitable for making aluminum can sheet ([0008]-[0020]);
wherein the aluminum alloy comprises:
about 0.05 - 0.60 wt% Si (0.05 to 0.5%) ([0014]),
about 0.10 - 0.80 wt% Fe (0.1 to 0.7%) ([0013]),
about 0.70- 1.50 wt% Mn (0.5 to 1.8%) ([0012]),
about 0.80- 1.50 wt% Mg (0.5 to 1.8%) ([0011]),
about 0.05 - 0.25 wt% Cu (0.05 to 0.5%) ([0017]),
up to 0.10 wt% Ti (0.005 to 0.20%) ([0015]),
up to 0.25 wt% Zn (0.1 to 0.5%) ([0016]); and
up to 0.15 wt% impurities, each of the impurities at less than 0.05 wt% ([0020]);
with the remainder as Al ([0020]);
the method consisting of:
heating the body to a homogenization temperature ([0021]-[0023]);
hot rolling said body in a hot rolling mill to produce a hot rolled sheet, said hot rolled sheet exiting the hot rolling mill at a hot rolling exit temperature with a hot mill exit gauge, wherein the hot rolling exit (end) temperature is selected from about 200°C to about 290°C (250°C to 330°C) to substantially avoid recrystallization of the hot rolled sheet (recrystallized grains are formed during subsequent annealing) ([0024]);
transferring the cooled down material to a cold rolling mill (primary/first cold rolling necessarily requires transferring to a cold rolling mill) ([0025]-[0026]);
(primary/first) cold rolling the cooled down hot rolled sheet in the cold rolling mill to apply a cold reduction between 5% and 70% to produce a cold rolled sheet with a cold mill exit gauge smaller than the hot mill exit gauge (Nos. 6 and 9, 81%, No. 7, 75%) ([0025]-[0026], [0036], Table 2);
annealing the cold rolled sheet in an intermediate temperature range selected to allow recrystallization of the cold rolled sheet to obtain a fully (uniform/homogeneous) recrystallized annealed sheet (recrystallization annealing) ([0027]-[0028]); and
(final) cold rolling the fully recrystallized annealed sheet to apply a cold reduction from 70% to 95% (70% or more) to produce a cold rolled sheet with a final gauge ([0029]),
wherein a total reduction of more than 70% is applied to the aluminum sheet between the hot mill exit gauge and the final gauge (62 to 86%) ([0036], Table 2 last column).
In the case where the claimed ranges “overlap or lie inside ranges disclosed by the prior art” a prima facie case of obviousness exists. MPEP 2144.05(I).
Komatsubara discloses (primary/first) cold rolling the cooled down hot rolled sheet in the cold rolling mill to produce a cold rolled sheet with a cold mill exit gauge smaller than the hot mill exit gauge ([0025]-[0026]).
Komatsubara is silent to applying a cold reduction between 5% and 70%.
Teruda ‘551 discloses a method of producing aluminum can sheet () including cold rolling the cooled down hot rolled sheet in the cold rolling mill to apply a cold reduction between 5% and 70% (30% or less) to produce a cold rolled sheet with a cold mill exit gauge smaller than the hot mill exit gauge (p. 4 paras. 1-2).
It would have been obvious to one of ordinary skill in the art in the process of Komatsubara to primary/first cold roll at a reduction of 30% or less for a light reduction in which the cube-oriented grains generated at the end of hot rolling do not rotate in orientation and can become recrystallization nuclei in the subsequent recrystallization treatment (Teruda ‘551 p. 4 para. 2).
Komatsubara is silent to cooling down the hot rolled material to a temperature of 100°C or lower.
Troeger discloses a method of producing aluminum sheet including cooling down the hot rolled material to a temperature of 100°C or lower (cold rolling at room temperature requires cooling to room temperature) ([0025], [0027], [0028], [0030]).
It would have been obvious to one of ordinary skill in the art in the process of Komatsubara to cool then cold roll at room temperature to plastically deform the alloy (Troeger [0025]) to provide sufficient strain energy to ensure recrystallization (Troeger [0027], [0030]).
Regarding claim 14, Komatsubara discloses the aluminum alloy comprises:
about 0.15 - 0.5 wt% Si (0.05 to 0.5%) ([0014]);
about 0.25 - 0.70 wt% Fe (0.1 to 0.7%) ([0013]);
about 0.80 - 1.40 wt% Mn (0.5 to 1.8%) ([0012]);
about 0.90 - 1.30 wt% Mg (0.5 to 1.8%) ([0011]);
about 0.10 - 0.25 wt% Cu (0.05 to 0.5%) ([0017]);
up to 0.10 wt% Ti (0.005 to 0.20%) ([0015]);
up to 0.25 wt% Zn (0.1 to 0.5%) ([0016]); and
up to 0.15 wt% impurities, each of the impurities at less than 0.05 wt% ([0020]);
with the remainder as Al ([0020]).
In the case where the claimed ranges “overlap or lie inside ranges disclosed by the prior art” a prima facie case of obviousness exists. MPEP 2144.05(I).
Regarding claim 17, Komatsubara discloses the hot rolling exit (end) temperature is 200°C to 280°C (250°C to 330°C) ([0024]). In the case where the claimed ranges “overlap or lie inside ranges disclosed by the prior art” a prima facie case of obviousness exists. MPEP 2144.05(I).
Regarding claim 19, Komatsubara discloses the method according to claim 13, wherein (recrystallization) annealing the cold rolled sheet is performed in a batch furnace ([0027], [0031]).
Claims 15 and 16 are rejected under 35 U.S.C. 103 as being unpatentable over Komatsubara (JP H09-287063 machine translation) in view of Teruda ‘551 (JP H04-228551 machine translation) and Troeger (US 2001/0023719) as applied to claim 13 above, and further in view of Kenney (US 1,918,968).
Regarding claims 15 and 16, Teruda ‘551 discloses hot rolling and winding (coiling) (p. 4 para. 1).
Teruda ‘551 is silent to the hot rolling mill being a single stand reversing mill that is utilized in two different operation modes, wherein a first operation mode includes one or more flat passes and a second operation mode, utilized after the first operation mode, includes one or more coiling passes producing coiled sheet having the hot mill exit gauge.
Keeney discloses hot rolling using a single stand reversing mill (1:30-40, 2:50-56, 4:4-18, Figs. 1-2, claims 8-9), wherein the single stand reversing mill is utilized in two different operation modes, wherein a first operation mode includes one or more flat passes (claims 12, 15-22) and a second operation mode, utilized after the first operation mode, includes one or more coiling passes producing coiled sheet having the hot mill exit gauge (1:75-76, 2:50-56, 3:40-120, Fig. 2, claims 11-26).
It would have been obvious to one of ordinary skill in the art for Teruda ‘551 to use the single stand reversing mill of Keeney, which operates both as flat passes and coiling passes, because the strip for rolling is heated effectively and economically and can be reduced to any hot rolling thinness in a single stand of rolls (Keeney 1:20-30) and it eliminates difficulties in entering and delivering the strip (Keeney 3:104-120).
Claims 13, 14, and 17 are rejected under 35 U.S.C. 103 as being unpatentable over Tsubota ( JP H07-126818 machine translation).
Regarding claim 13, Tsubota discloses a method for producing aluminum can sheet ([0001]-[0004) comprising:
providing a body made of an aluminum alloy type AA3004, AA3104 or other alloy suitable for making aluminum can sheet ([0005]-[0011]);
wherein the aluminum alloy comprises an overlapping composition ([0005]-[0011]);
Element
Claim 13 wt%
Claim 14 wt%
Tsubota
Tsubota
Si
About 0.05 – 0.60
About 0.15 – 0.5
0.1 – 1.5
[0009]
Fe
About 0.10 to 0.80
About 0.25 – 0.70
0.1 – 1.5
[0010]
Mn
About 0.70 – 1.50
About 0.80 – 1.40
0.5 – 2.0
[0006]
Mg
About 0.80 – 1.50
About 0.90 – 1.30
0.5 – 3.0
[0007]
Cu
About 0.05 – 0.25
About 0.10 – 0.25
0.01 – 1.2
[0008]
Ti
Up to 0.10
Up to 0.10
-
-
Zn
Up to 0.25
Up to 0.25
-
-
Impurities
Up to 0.15
Each less than 0.05
Up to 0.25
Each less than 0.05
Unavoidable in typical amounts
[0011]
Al
Remainder
Remainder
Remainder
[0005[]]
the method consisting of:
heating the body to a homogenization temperature ([0012]);
hot rolling said body heated to the homogenization temperature in a hot rolling mill to produce a hot rolled sheet, said hot rolled sheet exiting the hot rolling mill at a hot rolling exit temperature with a hot mill exit gauge (4.5 mm or lower), wherein the hot rolling exit temperature is from about 200°C to about 290°C (280°C or lower) to substantially avoid recrystallization (completely unrecrystallized) of the hot rolled sheet ([0013]-[0016]);
cooling down the hot rolled sheet to a temperature of 100°C or lower to obtain a cooled down sheet ([0017]);
transferring the cooled down sheet to a cold rolling mill ([0017]);
cold rolling the cooled down sheet in the cold rolling mill to apply a cold reduction between 5% and 70% (75% or less) to produce a cold rolled sheet with a cold mill exit gauge smaller than the hot mill exit gauge, wherein cold rolling is performed on the cooled down sheet which is essentially unrecrystallized (the hot-finished rolled sheet with a completely unrecrystallized structure is subjected to cold rolling) ([0016]-[0017]);
annealing the cold rolled sheet in an intermediate temperature range selected to allow recrystallization of the cold rolled sheet to obtain a fully recrystallized annealed sheet (annealing with a driving force for recrystallization to generate recrystallized grains) ([0017]); and
cold rolling the fully recrystallized annealed sheet to apply a cold reduction from 70% to 95% to produce a cold rolled sheet with a final gauge (60% or more) ([0017]);
wherein a total reduction of more than 70% is applied to the aluminum sheet between the hot mill exit gauge and the final gauge (subjecting the hot-finished rolled sheet to cold rolling at a rolling ratio of 75% or less, annealing, then cold rolling with a rolling ratio of 60% or more; initial thickness of hot-rolled sheet is 18 mm and resulting final sheet thickness is 0.3 mm, which is a 98% reduction) ([0017], [0019]).
In the case where the claimed ranges “overlap or lie inside ranges disclosed by the prior art” a prima facie case of obviousness exists. MPEP 2144.05(I).
Tsubota discloses hot rolling then cold rolling ([0013]-[0017]), such that the hot rolled sheet is necessarily cooled down between hot rolling and cold rolling to a temperature at which cold rolling of aluminum is known to be done at to obtain a cooled down sheet. With respect to cooling to a temperature of 100°C or lower, “[W]here the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation.” MPEP 2144.05(II)(A).
Regarding claim 14, Tsubota discloses the aluminum alloy comprises an overlapping composition ([0005]-[0011]). In the case where the claimed ranges “overlap or lie inside ranges disclosed by the prior art” a prima facie case of obviousness exists. MPEP 2144.05(I).
Regarding claim 17, Tsubota discloses the hot rolling exit temperature is 200°C to 280°C (280°C or lower) ([0015]). In the case where the claimed ranges “overlap or lie inside ranges disclosed by the prior art” a prima facie case of obviousness exists. MPEP 2144.05(I).
Claims 15 and 16 are rejected under 35 U.S.C. 103 as being unpatentable over Tsubota ( JP H07-126818 machine translation) as applied to claim 13 above, and further in view of Kenney (US 1,918,968).
Regarding claims 15 and 16, Tsubota discloses hot rolling ([0005], [0013]-[0015]).
Tsubota is silent to the hot rolling mill being a single stand reversing mill that is utilized in two different operation modes, wherein a first operation mode includes one or more flat passes and a second operation mode, utilized after the first operation mode, includes one or more coiling passes producing coiled sheet having the hot mill exit gauge.
Keeney discloses hot rolling using a single stand reversing mill (1:30-40, 2:50-56, 4:4-18, Figs. 1-2, claims 8-9), wherein the single stand reversing mill is utilized in two different operation modes, wherein a first operation mode includes one or more flat passes (claims 12, 15-22) and a second operation mode, utilized after the first operation mode, includes one or more coiling passes producing coiled sheet having the hot mill exit gauge (1:75-76, 2:50-56, 3:40-120, Fig. 2, claims 11-26).
It would have been obvious to one of ordinary skill in the art for Tsubota to use the single stand reversing mill of Keeney, which operates both as flat passes and coiling passes, because the strip for rolling is heated effectively and economically and can be reduced to any hot rolling thinness in a single stand of rolls (Keeney 1:20-30) and it eliminates difficulties in entering and delivering the strip (Keeney 3:104-120).
Claim 19 is rejected under 35 U.S.C. 103 as being unpatentable over Tsubota ( JP H07-126818 machine translation) as applied to claim 13 above, and further in view of Komatsubara (JP H09-287063 machine translation).
Regarding claim 19, Tsubota discloses (continuous) annealing of the cold rolled sheet ([0017], [0019], [0023]).
Tsubota is silent to annealing the cold rolled sheet is performed in a batch furnace.
Komatsubara discloses a method of producing aluminum can sheet ([0001], [0006]-[0007]), wherein annealing the cold rolled sheet is performed in a batch furnace ([0027]).
It would have been obvious to one of ordinary skill in the art in the process of Tsubota for the annealing to be batch annealing because it is a conventional method that obtains a homogeneous recrystallized structure without reducing workability and it is an art recognized equivalent of continuous annealing (Komatsubara [0027]). It is prima facie obvious to substitute equivalents known for the same purpose. MPEP 2144.06(II).
Claims 13, 14, and 17 are rejected under 35 U.S.C. 103 as being unpatentable over Tsubota ( JP H07-126818 machine translation) in view of Troeger (US 2001/0023719).
Regarding claim 13, Tsubota discloses a method for producing aluminum can sheet ([0001]-[0004) comprising:
providing a body made of an aluminum alloy type AA3004, AA3104 or other alloy suitable for making aluminum can sheet ([0005]-[0011]);
wherein the aluminum alloy comprises an overlapping composition ([0005]-[0011]);
Element
Claim 13 wt%
Claim 14 wt%
Tsubota
Tsubota
Si
About 0.05 – 0.60
About 0.15 – 0.5
0.1 – 1.5
[0009]
Fe
About 0.10 to 0.80
About 0.25 – 0.70
0.1 – 1.5
[0010]
Mn
About 0.70 – 1.50
About 0.80 – 1.40
0.5 – 2.0
[0006]
Mg
About 0.80 – 1.50
About 0.90 – 1.30
0.5 – 3.0
[0007]
Cu
About 0.05 – 0.25
About 0.10 – 0.25
0.01 – 1.2
[0008]
Ti
Up to 0.10
Up to 0.10
-
-
Zn
Up to 0.25
Up to 0.25
-
-
Impurities
Up to 0.15
Each less than 0.05
Up to 0.25
Each less than 0.05
Unavoidable in typical amounts
[0011]
Al
Remainder
Remainder
Remainder
[0005[]]
the method consisting of:
heating the body to a homogenization temperature ([0012]);
hot rolling said body heated to the homogenization temperature in a hot rolling mill to produce a hot rolled sheet, said hot rolled sheet exiting the hot rolling mill at a hot rolling exit temperature with a hot mill exit gauge (4.5 mm or lower), wherein the hot rolling exit temperature is from about 200°C to about 290°C (280°C or lower) to substantially avoid recrystallization (completely unrecrystallized) of the hot rolled sheet ([0013]-[0016]);
cooling down the hot rolled sheet to obtain a cooled down sheet ([0017]);
transferring the cooled down sheet to a cold rolling mill ([0017]);
cold rolling the cooled down sheet in the cold rolling mill to apply a cold reduction between 5% and 70% (75% or less) to produce a cold rolled sheet with a cold mill exit gauge smaller than the hot mill exit gauge, wherein cold rolling is performed on the cooled down sheet which is essentially unrecrystallized (the hot-finished rolled sheet with a completely unrecrystallized structure is subjected to cold rolling) ([0016]-[0017]);
annealing the cold rolled sheet in an intermediate temperature range selected to allow recrystallization of the cold rolled sheet to obtain a fully recrystallized annealed sheet (annealing with a driving force for recrystallization to generate recrystallized grains) ([0017]); and
cold rolling the fully recrystallized annealed sheet to apply a cold reduction from 70% to 95% to produce a cold rolled sheet with a final gauge (60% or more) ([0017]);
wherein a total reduction of more than 70% is applied to the aluminum sheet between the hot mill exit gauge and the final gauge (subjecting the hot-finished rolled sheet to cold rolling at a rolling ratio of 75% or less, annealing, then cold rolling with a rolling ratio of 60% or more; initial thickness of hot-rolled sheet is 18 mm and resulting final sheet thickness is 0.3 mm, which is a 98% reduction) ([0017], [0019]).
In the case where the claimed ranges “overlap or lie inside ranges disclosed by the prior art” a prima facie case of obviousness exists. MPEP 2144.05(I).
Tsubota is silent to cooling down the hot rolled sheet to a temperature of 100°C or lower.
Troeger discloses a method of producing aluminum sheet including cooling down the hot rolled material to a temperature of 100°C or lower (cold rolling at room temperature requires cooling to room temperature) ([0025], [0027], [0028], [0030]).
It would have been obvious to one of ordinary skill in the art in the process of Tsubota to cold then cold roll at room temperature to plastically deform the alloy (Troeger [0025]) to provide sufficient strain energy to ensure recrystallization (Troeger [0027], [0030]).
Regarding claim 14, Tsubota discloses the aluminum alloy comprises an overlapping composition ([0005]-[0011]). In the case where the claimed ranges “overlap or lie inside ranges disclosed by the prior art” a prima facie case of obviousness exists. MPEP 2144.05(I).
Regarding claim 17, Tsubota discloses the hot rolling exit temperature is 200°C to 280°C (280°C or lower) ([0015]). In the case where the claimed ranges “overlap or lie inside ranges disclosed by the prior art” a prima facie case of obviousness exists. MPEP 2144.05(I).
Claims 15 and 16 are rejected under 35 U.S.C. 103 as being unpatentable over Tsubota ( JP H07-126818 machine translation) in view of Troeger (US 2001/0023719) as applied to claim 13 above, and further in view of Kenney (US 1,918,968).
Regarding claims 15 and 16, Tsubota discloses hot rolling ([0005], [0013]-[0015]).
Tsubota is silent to the hot rolling mill being a single stand reversing mill that is utilized in two different operation modes, wherein a first operation mode includes one or more flat passes and a second operation mode, utilized after the first operation mode, includes one or more coiling passes producing coiled sheet having the hot mill exit gauge.
Keeney discloses hot rolling using a single stand reversing mill (1:30-40, 2:50-56, 4:4-18, Figs. 1-2, claims 8-9), wherein the single stand reversing mill is utilized in two different operation modes, wherein a first operation mode includes one or more flat passes (claims 12, 15-22) and a second operation mode, utilized after the first operation mode, includes one or more coiling passes producing coiled sheet having the hot mill exit gauge (1:75-76, 2:50-56, 3:40-120, Fig. 2, claims 11-26).
It would have been obvious to one of ordinary skill in the art for Tsubota to use the single stand reversing mill of Keeney, which operates both as flat passes and coiling passes, because the strip for rolling is heated effectively and economically and can be reduced to any hot rolling thinness in a single stand of rolls (Keeney 1:20-30) and it eliminates difficulties in entering and delivering the strip (Keeney 3:104-120).
Claim 19 is rejected under 35 U.S.C. 103 as being unpatentable over Tsubota ( JP H07-126818 machine translation) in view of Troeger (US 2001/0023719) as applied to claim 13 above, and further in view of Komatsubara (JP H09-287063 machine translation).
Regarding claim 19, Tsubota discloses (continuous) annealing of the cold rolled sheet ([0017], [0019], [0023]).
Tsubota is silent to annealing the cold rolled sheet is performed in a batch furnace.
Komatsubara discloses a method of producing aluminum can sheet ([0001], [0006]-[0007]), wherein annealing the cold rolled sheet is performed in a batch furnace ([0027]).
It would have been obvious to one of ordinary skill in the art in the process of Tsubota for the annealing to be batch annealing because it is a conventional method that obtains a homogeneous recrystallized structure without reducing workability and it is an art recognized equivalent of continuous annealing (Komatsubara [0027]). It is prima facie obvious to substitute equivalents known for the same purpose. MPEP 2144.06(II).
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/STEPHANI HILL/Examiner, Art Unit 1735
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