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 1-9 are pending. Claims 1-8 are presented for this examination. Claim 9 is withdrawn. Claim 1 is amended.
Status of Previous Rejection
All 102 rejections are withdrawn from previous office action of 11/04/2025.
Two new ground of 103 rejections are rendered in view of amendment.
Priority
Receipt is acknowledged of certified copies of papers submitted under 35 U.S.C 119(a)-(d), which papers have been placed of record in the file.
Information Disclosure Statement
The information disclosure statement (IDS) was submitted on 12/12/2022, 12/16/2022, 11/09/2023, 04/18/2024 and 03/11/2025 and is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
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.
Claim(s) 1-8 are rejected under 35 U.S.C. 103 as being unpatentable over Jhajj (NPL document “Accuracy of thermocouples in transient surface temperature measurements dominated by radiant heating” published in November 2014 cited from IDS 11/09/2023) in view of Weinmeister (US20200370139) and evidenced by Wikipedia_Tailor blank.
As for claims 1-8, Jhajj discloses hot forming die quenching ultra-high strength steel (Page 1 Col 1 introduction paragraph) which meets claimed method of manufacturing a hot stamping component.
Figure 1 illustrates a roller heath furnace used for the hot forming die quenching by inserting a blank comprising a plating layer of Al-Si formed on at least one surface of the ultr-high strength steel (i.e. claimed base material) to the heath furnace (i.e. claimed heating furnace)
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Figure 3 above has a solid curve represents a relationship of temperature increase rate (dT/dt (K/s) (Y coordinate on the right) vs. heating time (X coordinate in time s) in the furnace P1, P2, P3-1, P3-2 and P4 each represent a heating section. Each heating section has same heating time of 50 seconds.
P1 reads on instant claims required first heating section.
P2 reads on instant claims required second heating section.
Combined P3-1 and P3-2 reads on instant claims required third heating section. P3-1 reads on instant claims required third heating section, 3-1 heating section as required by instant claim 3. P3-2 reads on instant claims required third heating section, 3-2 heating section as required by instant claim 3.
P4 reads on instant claims required fourth heating section. Each first, second and third heating section have different average temperature increase rate change rate. In particular, P3-1 demonstrates that temperature first increases and then decrease throughout the entire heating time which suggests a positive value of average temperature increase rate change rate is changed to a negative value. P3-2 demonstrates that temperature decreases throughout the entire heating time which suggests a negative value of average temperature increase rate change rate. Hence, instant claim 1 required “wherein the third average temperature increase rate changes comprises a section in which a positive value is changed to a negative value” is met.
First and second heating sections temperature increase rate change rate is not liner according to Figure 3 above which meets instant claim 2 required “discontinuous”
Since combined P3-1 and P3-2 meets instant claimed third heating section, instant claim 3 required wherein the 3-1 has a positive value and 3-2 has a negative value is also met. Since difference between the initial temperature increase rate and final temperature increase rate is virtually zero for P3-1 according to Figure 3 above, P3-1 average temperature increase rate change rate is expected to be close to zero. Hence, instant claim 3 required “an absolute value of the 3-1 average temperature increase rate change rate is less than an absolute value of the 3-2 average temperature increase rate change rate” is met.
Figure 3 above further illustrates that both P1 and P2 zones have temperature decreases as heating time increases which suggests a negative value of average temperature increase rate change rate for both P1 and P2 as required by instant claim 4. Since P1 has more temperature decrease than P2 within the same heating time of 50 s which suggests P1 has a bigger absolute value of average temperature increase rate change rate than that of P2, instant claim 4 required “an absolute value of the first average temperature increase rate change rate is greater than an absolute value of the second average temperature increase rate change rate” is met.
Figure 3 above also illustrates that blank temperature heating rate drop to zero and temperature remains constant in the fourth heating section P4 which suggests a fourth average temperature increase rate change rate is zero. Hence, instant claim 5 limitation is met.
Figure 3 also illustrated P3-1 has Initial temperature increase rate is 2.5 K/s, finial temperature increase rate is 2.5 K/s in the corresponding heating time of P3-1 of 50 s. Hence, 3-1 average temperature increase rate change rate is calculated to be (2.5-2.5)/50=0 K/s2. Hence, instant claim 6 required 3-1 average temperature increase rate change rate of 0-0.25 is met.
Figure 3 also illustrated P3-2 has Initial temperature increase rate is 2.5 K/s, finial temperature increase rate is 0 K/s in the corresponding heating time of P3-2 of 50 s. Hence, 3-2 average temperature increase rate change rate is calculated to be (0-2.5)/50=-0.05 K/s2. Hence, instant claim 6 required 3-2 average temperature increase rate change rate of -0.3 to 0 is met.
Figure 3 illustrates P1 has initial temperature increase rate of 22.5 K/s and finale temperature increase rate of 5 K/s in the corresponding heating time of 50 second. Hence, P1 has average temperature increase rate change rate of (5-22.5)/50=-0.35 K/s2, which meets instant claim 7 required first average temperature increase rate change rate of -0.5 to 0 C/s2
Figure 3 illustrates P2 has initial temperature increase rate of 5 K/s and finale temperature increase rate of 2 K/s in the corresponding heating time of 50 second. Hence, P2 has average temperature increase rate change rate of (2-5)/50=-0.06 K/s2, which meets instant claim 7 required second average temperature increase rate change rate range of -0.25 to 0 C/s2
The fact Jhajj discloses heating rate drops due to the latent heat of transformation from ferrite into austenite (Page 3 Col 2 last paragraph) and Figure 3 above illustrates the third heating section P3 is between Ac1 to Ac3 meets instant claim 8 “the base material has a phase transformation in the third heating section”.
Jhaji does not disclose instant claim 1 amendment “wherein the blank comprises a tailor rolled blank (TRB) having a thickness profile including a plurality of regions having different thicknesses and at least one transition period between adjacent regions having different thicknesses”.
Tailor Rolled Blanks (TRB) are sheets with a continuous thickness transition as evidenced by Wikipedia_Tailored blank. (Page 1 Under Types lines 5-6) Term “continuous thickness transition” suggests “a tailor rolled blank (TRB) having a thickness profile including a plurality of regions having different thicknesses and at least one transition period between adjacent regions having different thicknesses” as required by instant claim 1 amendment.
Weinmesiter discloses a method for heating a steel blank which is then hot formed. Weinmesiter discloses the steel blank such as tailor rolled blank has thicker side and thinner side. And both thicker and thinner side of the blanks are required to reach the austenitization Ac3 almost at the same time. [0065]
Jhaji discloses of blanks of varying shapes and thicknesses are used to produce door beams, and depending on its geometry, each type of blank must be heat treated at a certain rate in order to obtain uniform austenitization. Control of the heating rate is realized by adjusting the furnace zone temperatures and roller speed for each type of blank. (Page 1 Col 2 paragraph 1 lines 5-12) That is, Jhajii explicitly discloses blanks being heated can be varying shapes and thicknesses and heating rate control for various structural characteristic of the blank is important to obtain uniform austenitization.
Tailored blanks are used to make e.g. door panels which are thick near the hinges and thin near the lock as evidence by Wikipedia_Tailored blank. (Page 1 paragraph 1 line 2)
Hence, it would have been obvious to one skill in the art, at the time the invention is made, to heat blank of varying shapes and thicknesses such as a tailor rolled blank as suggested by Weinmeister, in the process of Jhaji for the purpose of obtaining uniform austenitization when making door panels.
Claim(s) 1-3, 5 and 8 are rejected under 35 U.S.C. 103 as being unpatentable over Slezak(NPL document “Inferring the specific heat of an ultra high strength steel during the heating stage of hot forming die quenching, through inverse analysis” published in March 2015 cited from IDS 11/09/2023) in view of Weinmeister (US20200370139) and evidenced by Wikipedia_Tailor blank.
As for claims 1-3, 5 and 8, Slezak discloses hot forming die quenching an ultra-high strength steel blanks in a furnace with Al-Si coating layer.
Figure 17 below illustrates dT/dt vs. heating time (t) curve which has four heating sections.
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P1 reads on instant claims required first heating section.
P2 reads on instant claims required second heating section.
Combined P3-1 and P3-2 reads on instant claims required third heating section. P3-1 reads on instant claims required third heating section, 3-1 heating section as required by instant claim 3. P3-2 reads on instant claims required third heating section, 3-2 heating section as required by instant claim 3.
P4 reads on instant claims required fourth heating section. Each first, second and third heating section have different average temperature increase rate change rate. In particular, P3-1 demonstrates that temperature first increases and then decreases throughout the entire heating time which suggests a positive value of average temperature increase rate change rate is changed to a negative value. P3-2 demonstrates that temperature decreases throughout the entire heating time which suggests a negative value of average temperature increase rate change rate. Hence, instant claim 1 required “wherein the third average temperature increase rate changes comprises a section in which a positive value is changed to a negative value” is met.
First and second heating sections temperature increase rate change rate is not liner according to Figure 17 above which meets instant claim 2 required “discontinuous”.
Figure 17 above illustrates P3-1 has both a positive and negative value which P3-2 has a negative value all throughout the entire heating time. In view of initial heating rate of P3-1 and final heating rate of P3-1 are close to each other while P3-2 initial heating rate drops from 2 to 0.3 K/s, instant claim 3 limitations are met.
Figure 17 above also illustrates that blank temperature heating rate drop to 0.5 k/s and temperature remains constant in the fourth heating section P4 which suggests a fourth average temperature increase rate change rate is zero. Hence, instant claim 5 limitation is met.
The fact Slezak discloses in Figure 17 above the third heating section P3 is between Ac1 to Ac3 meets instant claim 8 “the base material has a phase transformation in the third heating section”.
Slezak does not disclose instant claim 1 amendment “wherein the blank comprises a tailor rolled blank (TRB) having a thickness profile including a plurality of regions having different thicknesses and at least one transition period between adjacent regions having different thicknesses”.
Tailor Rolled Blanks (TRB) are sheets with a continuous thickness transition as evidenced by Wikipedia_Tailored blank. Term “continuous thickness transition” suggests “a tailor rolled blank (TRB) having a thickness profile including a plurality of regions having different thicknesses and at least one transition period between adjacent regions having different thicknesses” as required by instant claim 1 amendment.
Weinmesiter discloses a method for heating a steel blank which is then hot formed. Weinmesiter discloses the steel blank such as tailor rolled blank has thicker side and thinner side. And both thicker and thinner side of the blanks are required to reach the austenitization Ac3 almost at the same time.
Slezak discloses blanks of varying shapes and thicknesses are used to produce a wide range of automotive components, and depending on its mass, each blank type must be heat-treated at a specific rate to obtain adequate austenitization (Page 1 Col 2 paragraph 2)
That is, Slezak explicitly discloses blanks being heated can be varying shapes and thicknesses and heating rate control for various structural characteristic of the blank is important to obtain adequate austenitization.
Hence, it would have been obvious to one skill in the art, at the time the invention is made to heat blank of varying shapes and thicknesses such as a tailor rolled blank as suggested by Weinmeister, in the process of Slezak in order to obtain adequate austenitization.
Response to Argument
Applicant’s argument filed on 02/03/2026 is considered but is not persuasive for the following reasons:
Applicant argues that amendment clarifies that the claimed method is not merely directed to heating a generic steel blank, but rather to heating a blank having a deliberately tailored thickness profile that directly influences heat absorption and temperature evolution during multi-stage heating.
It should be noted that to heating a blank having a deliberately tailored thickness profile is not patentably distinct from prior art since both Slezak and Jhajj discloses blanks of varying shape and thickness are used in their process to make door beam. Weinmeister further discloses blank having a tailored thickness profile requires heating rate control in thicker and thinner side. Tailor rolled blank is known to make door beam.
Applicant then argues that Jhajj does not disclose that the blank being heated is a tailor rolled blank, does not disclose that the blank includes multiple regions of different thickness, and does not disclose transition periods between such regions. Argument is not persuasive because Jhajj discloses blanks of varying shape and thickness are used in their process to arrive at uniform austenitization. Hence, Jhajii suggests physical or structural characteristics of the blank itself to be difference shapes and thickness.
Weinmeister further discloses blank having a tailored thickness profile requires heating rate control. Hence, it would have been obvious to try blank having a tailored thickness profile, in the process of Jhajii for obtaining uniform austenitization. See MPEP 2145 XB Obvious to Try
Applicant lastly argues that because anticipation requires that a single reference disclose each and every limitation of the claim arranged as in the claim, the absence of any disclosure of a tailor rolled blank in Jhajj is fatal to the §102 rejection.
Such argument is moot since 102 rejection over Jhajji and/or Slezak are both withdrawn.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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/JENNY R WU/Primary Examiner, Art Unit 1733