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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 08/10/2026 has been entered.
Status of Claims
Claims 9, 10, and 12-16 are pending and presented for examination on the merits.
Claim 9 is currently amended.
Information Disclosure Statement
One (1) information disclosure statement (IDS) was submitted on 07/22/2026. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the IDS is being considered by the examiner.
Claim Rejections - 35 USC § 102
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claims 9, 10, 14, and 16 are rejected under 35 U.S.C. 102(a)(1) and/or 35 U.S.C. 102(a)(2) as being anticipated by US 2020/0353983 (A1) (also WO 2019/102424 (A1)) to Alvarez et al. (“Alvarez”).
US 2020/0353983 (A1) is the pre-grant publication of the national stage of PCT/IB2018/059288, which is published as WO 2019/102424 (A1). For brevity, all citations to Alvarez in this Office action will refer to the U.S. pre-grant publication unless otherwise noted.
Regarding claim 9, Alvarez teaches a method for producing a welded blank (method for manufacturing a welded blank). Abstract; para. [0001]. The welded blank is made by providing two precoated sheets, each sheet comprising a steel substrate with intermetallic alloy layer thereupon, and the welded blank can be subject to hot press forming. Para. [0022], [0023], [0099]-[0102], [0197]. The substrates of the precoated sheets may have different compositions and/or thicknesses (tailor welded blank). Para. [0002], [0259].
The method includes the following steps:
(a) hot dip coating the steel substrate in a bath of molten metal containing aluminum or aluminum alloy to form a precoating layer comprising metallic alloy layer and intermetallic alloy layer, the metallic alloy layer being aluminum, aluminum alloy, or aluminum-based alloy (preparing a plated steel sheet having a base steel sheet and an aluminum-based plating layer formed on one surface or both surfaces of the base steel sheet) (para. [0262]-[0265], [0398]-[0401]);
(b) subjecting the coated steel substrate to a pre-alloying treatment in order to form intermetallic layers containing compounds of the FexAly type (heat-treating the plated steel sheet so that the aluminum-based plating layer becomes an Al-Fe-based intermetallic alloy layer) (para. [0263], [0273]); and
(c) joining the precoated sheets via butt welding (subjecting the heat-treated plated steel sheet to butt welding) (para. [0024], [0288], [0293]).
Prior to butt welding, the precoated sheets are prepared by removing at least a portion of the precoating, including the metallic alloy layer and at least part of the intermetallic layer, at the weld edge (before the welding, a portion or an entirety of the Al-Fe-based intermetallic alloy layer located in a region to be welded is removed). Para. [0038], [0277], [0278], [0284]-[0286].
Alvarez teaches that the intermetallic alloy layer may be composed of different intermetallic sublayers (a plurality of different sublayers, e.g., a first sublayer, a second sublayer, etc.). Para. [0273]. The different sublayers may be FeAl and Fe2Al5 sublayers (the Al-Fe-based intermetallic alloy layer is comprised of a first layer including at least one of FeAl and Fe3Al and a second layer including Fe2Al5). Para. [0273].
Regarding claim 10, Alvarez teaches that the metallic alloy layer is a layer of aluminum alloy further comprising silicon (wherein the aluminum-based plating layer further comprises Si). Para. [0266]-[0269].
Regarding claim 14, Alvarez teaches removal of at least one portion of the precoating at the weld edge. Para. [0283]. The metallic alloy layer of the precoating is removed. Para. [0285]. For the intermetallic alloy layer, only a fraction (e.g., 60%, 80%, 90%) of the initial thickness remains after removal. Para. [0285], [0286]. The mean thickness of the intermetallic alloy layer is typically between 2 and 8 micrometers. Para. [0271]. Thus, for 90% remaining of an intermetallic alloy layer that was initially 8 micrometers, the remaining thickness of the precoating after removal would be 7.2 micrometers (7.2 µm), which falls within the claimed range. A specific example in the prior art that falls within claimed ranges anticipates a claimed range. MPEP § 2131.03(I).
Regarding claim 16, Alvarez teaches that the welded blank can be subjected to hot press forming (after the butt welding, a hot press forming process is additionally performed). Para. [0099]-[0102], [0197], [0375]-[0378].
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim 13 is rejected under 35 U.S.C. 103 as being unpatentable over Alvarez, as applied to claim 9 above, with evidence from T. Ericsson, "The Fe-C Phase Diagram," Principles of Heat Treating of Steels, ASM Handbooks Online, Vol. 4 (Heat Treating) (“Ericsson”).
Regarding claim 13, Alvarez teaches that the pre-alloying treatment (heat-treatment) takes place at a temperature between 700oC and 900oC. Para. [0273]. In the Fe-C phase diagram, the A1 (Ac1) temperature is 727oC. Ericsson at p. 1 – last paragraph; p. 2 – Table 2; pp. 3-4 of 5 (Fig. 1). Thus, the range of 700-900oC overlaps the claimed range because it encompasses temperatures that are less than Ac1.
The overlap between the ranges taught in the prior art and recited in the claims creates a prima facie case of obviousness. MPEP § 2144.05(I). It would have been obvious for one of ordinary skill in the art to select from among the prior art ranges because there is utility over an entire range disclosed in the prior art.
Claim 15 is rejected under 35 U.S.C. 103 as being unpatentable over Alvarez, as applied to claim 9 above.
Regarding claim 15, Alvarez teaches that a removal zone extends over a width between 0.5 mm and 2 mm from the side face of the sheet (corresponds to width W in FIG. 3 of the instant specification). Para. [0284]. Usual weld widths are between 0.8 mm and 1.8 mm (corresponds to average width of weld metal zone, Wb, of the claim and FIG. 3 of the instant specification). Para. [0289].
An example weld width can be 1.3 mm (midpoint of the range 0.8-1.8 mm). This corresponds to a calculated Wb/2 to Wb range of 0.65 mm to 1.3 mm, which falls entirely within Alvarez’s range of 0.5-2 mm. Thus, Alvarez’s removal zone width meets the claimed range.
The overlap between the ranges taught in the prior art and recited in the claims creates a prima facie case of obviousness. MPEP § 2144.05(I). It would have been obvious for one of ordinary skill in the art to select from among the prior art ranges because there is utility over an entire range disclosed in the prior art.
Claim 15 is rejected under 35 U.S.C. 103 as being unpatentable over Alvarez, as applied to claim 9 above, and further in view of US 2019/0001438 (A1) to Ehling (“Ehling”).
Regarding claim 15, Alvarez teaches that a removal zone extends over a width between 0.5 mm and 2 mm from the side face of the sheet (corresponds to width W in FIG. 3 of the instant specification). Para. [0284]. Usual weld widths are between 0.8 mm and 1.8 mm (corresponds to average width of weld metal zone, Wb, of the claim and FIG. 3 of the instant specification). Para. [0289].
Alvarez does not specify the numerical relationship between removal zone width and the weld width.
Ehling is directed to a method of preparing a pre-coated metal sheet for welding. Abstract. At least part of the pre-coating layer is removed before welding. Para. [0063]-[0066], [0074]-[0076]. The removal zone is 20-40% greater than the width of the molten zone that is obtained by welding. Para. [0219]. The width of the removal zone is such that after welding at least 0.1 mm or removal zone remains on each side of the molten zone. Para. [0219]. The removal width is slightly larger than the half-width of the molten zone obtained by welding (width of the removed intermetallic alloy layer is Wb/2 to Wb). Para. [0220].
The removal zone width is selected to correspond to widths well suited for industrial tools for such removal. Para. [0220]. It would have been obvious to one of ordinary skill in the art to have ensured that the removal zone width in Alvarez is slightly larger than the half-width of the molten zone, such as leaving at least 0.1 mm of removal zone on each side of the molten zone, because the wider width permits larger tools to pass through the weld zone to treat the area, as needed.
Claims 9, 10, and 14-16 are rejected under 35 U.S.C. 103 as being unpatentable over Alvarez in view of US 2021/0222276 (A1) (also WO 2019/231023 (A1)) to Kim et al. (“Kim”).
US 2021/0222276 (A1) is the pre-grant publication of the national stage of PCT/KR2018/006244, which is published as WO 2019/231023 (A1), and will serve as the translation of its WO equivalent.
Regarding claim 9, Alvarez teaches a method for producing a welded blank (method for manufacturing a welded blank). Abstract; para. [0001]. The welded blank is made by providing two precoated sheets, each sheet comprising a steel substrate with intermetallic alloy layer thereupon, and the welded blank can be subject to hot press forming. Para. [0022], [0023], [0099]-[0102], [0197]. The substrates of the precoated sheets may have different compositions and/or thicknesses (tailor welded blank). Para. [0002], [0259].
The method includes the following steps:
(a) hot dip coating the steel substrate in a bath of molten metal containing aluminum or aluminum alloy to form a precoating layer comprising metallic alloy layer and intermetallic alloy layer, the metallic alloy layer being aluminum, aluminum alloy, or aluminum-based alloy (preparing a plated steel sheet having a base steel sheet and an aluminum-based plating layer formed on one surface or both surfaces of the base steel sheet) (para. [0262]-[0265], [0398]-[0401]);
(b) subjecting the coated steel substrate to a pre-alloying treatment in order to form intermetallic layers containing compounds of the FexAly type (heat-treating the plated steel sheet so that the aluminum-based plating layer becomes an Al-Fe-based intermetallic alloy layer) (para. [0263], [0273]); and
(c) joining the precoated sheets via butt welding (subjecting the heat-treated plated steel sheet to butt welding) (para. [0024], [0288], [0293]).
Prior to butt welding, the precoated sheets are prepared by removing at least a portion of the precoating, including the metallic alloy layer and at least part of the intermetallic layer, at the weld edge (before the welding, a portion or an entirety of the Al-Fe-based intermetallic alloy layer located in a region to be welded is removed). Para. [0038], [0277], [0278], [0284]-[0286].
Alvarez teaches that the intermetallic alloy layer may be composed of different intermetallic sublayers (a plurality of different sublayers, e.g., a first sublayer, a second sublayer, etc.). Para. [0273]. The different sublayers may include FeAl and Fe2Al5 sublayers (the Al-Fe-based intermetallic alloy layer is comprised of a first layer including at least one of FeAl and Fe3Al and a second layer including Fe2Al5). Para. [0273]. Alvarez does not depict a specific layer structure.
Kim is directed to an Al-Fe alloy plated steel sheet for hot press forming having excellent tailor welded blank (TWB) characteristics. Abstract; para. [0010]. To form phases with the steel sheet and gradually increase Fe content in the plating layer, the plated steel sheet is batch annealed. Para. [0093]. Annealing creates a diffusion layer of FeAl(Si) and α-Fe and additional layer(s) containing Fe2Al5. Para. [0093]. In an example, a first layer contains FeAl(Si) and a second layer contains Fe2Al5 (an Al-Fe-based intermetallic alloy layer is comprised of a first layer including at least one of FeAl and Fe3Al and a second layer including Fe2Al5). FIG. 4.
Kim discloses that the layered structure and its components may inhibit delamination. Para. [0063]. Because an objective in Alvarez is to form various types of sublayers of different intermetallic Fe-Al compounds, it would have been obvious to one of ordinary skill in the art to have looked to the art to find various plating layer structures, such as those disclosed in Kim, to produce a specific intermetallic layer structure as desired for customizing properties of the coating layer, such as improving resistance to delamination.
Regarding claim 10, Alvarez teaches that the metallic alloy layer is a layer of aluminum alloy further comprising silicon (wherein the aluminum-based plating layer further comprises Si). Para. [0266]-[0269]. Kim teaches the presence of Si in the plating layer. Para. [0054]-[0056], [0059]-[0061].
Regarding claim 14, Alvarez teaches removal of at least one portion of the precoating at the weld edge. Para. [0283]. The metallic alloy layer of the precoating is removed. Para. [0285]. For the intermetallic alloy layer, only a fraction (e.g., 60%, 80%, 90%) of the initial thickness remains after removal. Para. [0285], [0286]. The mean thickness of the intermetallic alloy layer is typically between 2 and 8 micrometers. Para. [0271]. Thus, for 90% remaining of an intermetallic alloy layer that was initially 8 micrometers, the remaining thickness of the precoating after removal would be 7.2 micrometers (7.2 µm), which falls within the claimed range.
Regarding claim 15, Alvarez teaches that a removal zone extends over a width between 0.5 mm and 2 mm from the side face of the sheet (corresponds to width W in FIG. 3 of the instant specification). Para. [0284]. Usual weld widths are between 0.8 mm and 1.8 mm (corresponds to average width of weld metal zone, Wb, of the claim and FIG. 3 of the instant specification). Para. [0289].
An example weld width can be 1.3 mm (midpoint of the range 0.8-1.8 mm). This corresponds to a calculated Wb/2 to Wb range of 0.65 mm to 1.3 mm, which falls entirely within Alvarez’s range of 0.5-2 mm. Thus, Alvarez’s removal zone width meets the claimed range.
The overlap between the ranges taught in the prior art and recited in the claims creates a prima facie case of obviousness. MPEP § 2144.05(I). It would have been obvious for one of ordinary skill in the art to select from among the prior art ranges because there is utility over an entire range disclosed in the prior art.
Regarding claim 16, Alvarez teaches that the welded blank can be subjected to hot press forming (after the butt welding, a hot press forming process is additionally performed). Para. [0099]-[0102], [0197], [0375]-[0378].
Claim 13 is rejected under 35 U.S.C. 103 as being unpatentable over Alvarez in view of Kim, as applied to claim 9 above, with evidence from Ericsson.
Regarding claim 13, Alvarez teaches that the pre-alloying treatment (heat-treatment) takes place at a temperature between 700oC and 900oC. Para. [0273]. In the Fe-C phase diagram, the A1 (Ac1) temperature is 727oC. Ericsson at p. 1 – last paragraph; p. 2 – Table 2; pp. 3-4 of 5 (Fig. 1). Thus, the range of 700-900oC overlaps the claimed range because it encompasses temperatures that are less than Ac1.
Alvarez teaches that a pre-alloying treatment (heat treatment) temperature may comprise temperatures between 700oC and 900oC to obtain different intermetallic sublayers, such as Fe2Al5, FeAl3, FeAl, Fe6Al12Si5, and FeAl3 sublayers. Para. [0273]. Alvarez teaches that a pre-alloying treatment temperature and holding time are chosen so as to alloy the precoating with the substrate. Para. [0273].
Furthermore, Kim is directed to an Al-Fe alloy plated steel sheet for hot press forming having excellent tailor welded blank (TWB) characteristics. Abstract; para. [0010]. To plate the steel sheet, the sheet is placed in a plating bath containing Al alloy containing Si and Fe. Para. [0082]. To form phases with the steel sheet and gradually increase Fe content in the plating layer, the plated steel sheet is batch annealed. Para. [0093].
Annealing creates a diffusion layer of FeAl(Si) and α-Fe and additional layer(s) containing Fe2Al5. Para. [0093]; FIG. 4. The annealing temperature may be as low as 450oC and as high as 750oC to ensure that the temperature is high enough to induce alloying but not so high that oxides are excessively formed on the surface. Para. [0096]-[0099]. In the Fe-C phase diagram, the A1 (Ac1) temperature is 727oC. Ericsson at p. 1 – last paragraph; p. 2 – Table 2; pp. 3-4 of 5 (Fig. 1). Thus, the range of 450-750oC overlaps the claimed range because it encompasses temperatures that are less than Ac1.
Because an objective in Alvarez is to form various types of sublayers of different intermetallic Fe-Al compounds, it would have been obvious to one of ordinary skill in the art to have looked to the art to find various heat treatment temperatures and times, such as those disclosed in Kim, in order to form a specific intermetallic layer structure as desired. This enhances customizability because it permits the manufacturer to select the makeup of the coating layer as needed for a particular in-service use.
Claim 15 is rejected under 35 U.S.C. 103 as being unpatentable over Alvarez in view of Kim, as applied to claim 9 above, and further in view of Ehling.
Regarding claim 15, Alvarez teaches that a removal zone extends over a width between 0.5 mm and 2 mm from the side face of the sheet (corresponds to width W in FIG. 3 of the instant specification). Para. [0284]. Usual weld widths are between 0.8 mm and 1.8 mm (corresponds to average width of weld metal zone, Wb, of the claim and FIG. 3 of the instant specification). Para. [0289].
Alvarez does not specify the numerical relationship between removal zone width and the weld width.
Ehling is directed to a method of preparing a pre-coated metal sheet for welding. Abstract. At least part of the pre-coating layer is removed before welding. Para. [0063]-[0066], [0074]-[0076]. The removal zone is 20-40% greater than the width of the molten zone that is obtained by welding. Para. [0219]. The width of the removal zone is such that after welding at least 0.1 mm or removal zone remains on each side of the molten zone. Para. [0219]. The removal width is slightly larger than the half-width of the molten zone obtained by welding (width of the removed intermetallic alloy layer is Wb/2 to Wb). Para. [0220].
The removal zone width is selected to correspond to widths well suited for industrial tools for such removal. Ehling at para. [0220]. It would have been obvious to one of ordinary skill in the art to have ensured that the removal zone width in Alvarez is slightly larger than the half-width of the molten zone, such as leaving at least 0.1 mm of removal zone on each side of the molten zone, because the wider width permits larger tools to pass through the weld zone to treat the area, as needed.
Allowable Subject Matter
Claim 12 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter: The prior art cited and searched do not teach an Al-Fe-based intermetallic alloy layer comprising a first layer that includes at least one of FeAl and Fe3Al and a second layer that includes Fe2Al5 and Al2Fe3Si3.
Response to Arguments
Applicant's arguments filed 08/10/2026 have been fully considered, but they are not persuasive.
Applicant argues that Alvarez does not disclose a specific two-layer structure. Applicant argues that Alvarez only lists possible phases and does not describe a distinct first layer that includes FeAl or Fe3Al together with a distinct second layer that includes Fe2Al5. Applicant states that Alvarez does not state that the claimed phases coexist as distinct layers in a single intermetallic alloy layer.
In response, this is not persuasive because the argument is not commensurate in scope with invention as claimed. Claim 9 recites that the intermetallic alloy layer comprises a first layer and a second layer, the first layer containing FeAl and/or Fe3Al and the second layer containing Fe2Al5. The claim does not describe any particular direction of the layers, for example, whether the first layer is adjacent to the steel base or whether they are even adjacent to one another.
In any case, Alvarez meets this limitation in teaching that the intermetallic alloy layer may be composed of different intermetallic sublayers (para. [0273]). The different sublayers may be FeAl and Fe2Al5 sublayers (para. [0273]). It should be noted that the sublayers are plural, i.e., more than one, such as first sublayer, a second sublayer, a third sublayer, etc., and each different sublayer may be the compounds listed in Alvarez. Since any two or more compounds may be selected from the list, Alvarez teaches an embodiment where FeAl is in a sublayer (“a first layer”) and Fe2Al5 is in a different sublayer (“a second layer”).
Additionally, a plating layer containing first and second layers containing FeAl and/or Fe3Al and Fe2Al5, respectively, are known. Kim shows a plated layer structure in which a first layer contains FeAl(Si) and a second layer contains Fe2Al5. Para. [0093]; FIG. 4. Thus, the claimed invention is not novel or nonobvious over the prior art.
Applicant argues that Alvarez does not disclose the claimed two-layer structure as the structure after heat treatment and before removal.
In response, Alvarez discloses the layers and their compounds are a result of heat treatment (para. [0273]). The layers are formed prior to the removal (para. [0278]; Figs. 1-2).
Applicant argues that Alvarez does not direct one of ordinary skill in the art to select a temperature below the Ac1 temperature of the steel.
In response, Alvarez’s treatment temperature takes place at a temperature between 700oC and 900oC (para. [0273]). This range covers values within that reside less than an A1 (Ac1) temperature, as evidenced by Ericsson (p. 1 – last paragraph; p. 2 – Table 2; pp. 3-4 of 5 (Fig. 1)). Given the utility over an entire prior art claimed range, one of ordinary skill in the art would be motivated to select any temperature over Alvarez’s whole range, which includes values less than Ac1.
Applicant argues that one of ordinary skill in the art would not be motivated to import Kim’s temperatures into Alvarez, particularly given that the annealing conditions in Kim obtain characteristics without removing the plating layer.
In response, one cannot show nonobviousness by attacking references individually where the rejections are based on combinations of references. See MPEP § 2145(IV), citing In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981); In re Merck & Co., 800 F.2d 1091, 231 USPQ 375 (Fed. Cir. 1986). The claimed method step of removing the plating layer is disclosed by Alvarez. Kim is cited to show the effect of heat treatment determines on compound formation. Kim also illustrates a structure in which a FeAl(Si) layer is adjacent to a layer containing Fe2Al5 (FIG. 4). Thus, one of ordinary skill in the art would look to heat treatment temperatures, such as those in Kim, needed to induce a particular layered structure in a plating layer.
Applicant argues that Alvarez does not disclose a Wb/2 to Wb parameter and the Office action reconstructs the claimed relationships from separate ranges rather than identifies a reason for Alvarez to select it.
In response, Alvarez discloses a range of values of removal zone and weld widths. Given the utility over an entire prior art claimed range, one of ordinary skill in the art would be motivated to select any length value within the ranges. The midpoint of the range is selected for illustrative purposes and is a reasonable value to select given that it falls in the middle of Alvarez’s range.
Applicant argues that Ehling describes the removal zone for precoating, not the width over which a two-layer intermetallic alloy layer is removed.
In response, the argument attacks the references individually where the rejections are based on combinations of references. See MPEP § 2145(IV). The claimed method step of removing the plating layer is disclosed by Alvarez. Ehling is cited for the dimensions of the pre-coating width removal. However, Ehling does teach removing at least part of the pre-coating layer before welding (para. [0063]-[0066], [0074]-[0076]). Therefore, Ehling is consistent with Alvarez and the claims.
Conclusion
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/VANESSA T. LUK/Primary Examiner, Art Unit 1733
September 21, 2026
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