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 .
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 02/11/2026 has been entered.
Response to Amendment
The Amendment filed 02/11/2026 has been entered. Claims a, 3-4, and 6-7 remain pending in the application. Claims 2, 5, and 8 have been canceled. No new claims have been added. Applicant's amendments to the specification have overcome the objections previously set forth in the Final Rejection mailed 11/25/2025.
Information Disclosure Statement
One (1) information disclosure statement (IDS) was submitted on 02/11/2026. The submissions are in compliance with the provisions of 37 CFR 1.97. Accordingly, the IDS are being considered by the examiner.
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.
Claims 1, 3-4, and 6-7 are rejected under 35 U.S.C. 103 as being unpatentable over US 2015/0000802 A1 of Naitou (as cited in prior Office action).
Regarding claims 1, 3-4, and 6-7, Naitou teaches a hot-press formed product used for structural members of automobile components and capable of adjusting the strength and ductility according to different regions within the formed product and a method for manufacturing the same ([0001], a method for manufacturing a hot-press formed product reads on the claimed method for manufacturing a hot stamped part since “hot pressing” and “hot stamping” are synonyms).
Naitou teaches a hot-press forming method for manufacturing components in which a steel sheet is heated to a predetermined temperature, forming is facilitated, the steel sheet is thereafter formed using a tool of a temperature that is lower compared with the case of a thin steel sheet, thereby impartation of a shape and quenching utilizing the temperature difference of the both are executed simultaneously, and the strength after forming is secured ([0003], a steel sheet reads on the claimed preparing a plate-type base metal using an iron-based alloy since a sheet is a plate and steel is an iron-based alloy; steel sheet is heated reads on the claimed heating the prepared base metal; the steel sheet is formed using a tool reads on the claimed forming a product; quenching reads on the claimed cooling the product).
Naitou teaches forming is started in a state the steel sheet (4, Fig. 1, reads on the claimed base metal using an iron-based alloy) is heated to a single-phase zone temperature of Ac3 transformation point or above and is softened, the steel sheet in a high temperature state is sandwiched between the die (2, Fig. 1, reads on the claimed first die and the steel sheet in high temperature state reads on the claimed heated base metal is placed on the first die) and the blank holder (3, Fig. 1), the steel sheet is pressed in to the inside of a hole of the die by the punch (1, Fig. 1, reads on the claimed second die) and is formed into a shape corresponding to the shape of the outer shape of the punch while reducing the outside diameter of the steel sheet ([0006]). Naitou teaches by cooling the punch and the die in parallel with forming, heat removal from the steel sheet to the punch and die is executed, holding and cooling are further executed at a forming bottom dead point, and thereby quenching of the raw material is executed ([0006]).
Naitou teaches passages (1a and 2a, Fig. 1) through which a cooling medium such as water can pass are formed inside of the punch and die, and it is configured that the punch and die are cooled by making the cooling medium pass through these passages ([0005]). Naitou teaches controlling the temperature of the die and punch using these passages to control the average cooling rate during forming ([0063]).
Naitou teaches in the hot-press forming method, by properly controlling the conditions thereof according to each region of the formed product, the metal structure of each region can be adjusted while making retained austenite of a proper amount exist, and the strength and elongation can be properly controlled according to each region by combination of the heat treatment condition and the structure of the steel sheet before forming ([0024], forming multiple regions of different metal structures is the result of using different heating and cooling rates and therefore reads on the claimed while differently maintaining a cooling speed of one surface of the product configured to come into contact with the first die and a cooling speed of a remaining surface of the product configured to come into contact with the second die). Naitou teaches forming at least two regions, for example, a high strength region and a low strength region ([0044]). Since Naitou teaches controlling the temperature of the die and punch to control the average cooling rate during forming and consequently the metal structure of each region, one of ordinary skill in the art understands that the die and the punch can maintain different cooling rates to form the high strength and low strength regions of Naitou in any variety of locations of the hot-press molded article.
Naitou therefore reads on the limitation a method for manufacturing a hot stamped part, the method comprising: preparing a plate-type base metal using an iron-based alloy; heating the prepared base metal; forming a product by inserting the heated base metal between a first die and a second die and then pressing the base metal; and cooling the product formed between the first die and the second die while differently maintaining a cooling speed of one surface of the product configured to come into contact with the first die and a cooling speed of a remaining surface of the product configured to come into contact with the second die of claim 1, and wherein in forming the product, the first die is a heated die and the second die is a cooled die, the heated base metal is placed on the first die of claim 1.
Since the steel sheets of Naitou are heated at 930°C in the first region and 725-800°C in the second region and the tool releasing temperature is 200°C in all steel sheets ([0094], Table 2), the first die is heated to a temperature range of 300-450°C at some point in the process given that those temperatures are between the heating and the final cooling temperature.
Naitou therefore reads on the limitation the first die is heated to a temperature range of 300-450˚C of claim 1.
Naitou teaches the hot-press molded article having a first region having a metal structure containing both 80-97 area % of martensite and 3-20 area % of residual austenite, the remaining structure comprising no more than 5 area %, and a second region having a metal structure comprising 30-80 area % of ferrite, less than 30 area % (exclusive of 0 area %) of bainitic ferrite, no greater than 30 area % (exclusive of 0 area %) of martensite, and 3-20 area % of residual austenite ([0019], [0105], first region reads on the claimed reinforced portion having a martensite structure; second region reads on the claimed softened portion having ferrite and bainite structures; bainitic ferrite is also known as ferritic bainite as is considered a bainite structure).
Naitou therefore reads on the limitation wherein, in the cooling the product, a softened portion having ferrite and bainite structures is formed from the surface of the product configured to come into contact with the first die, and a reinforced portion configured to have a martensite structure is formed from the remaining surface of the product configured to come into contact with the second die of claim 1.
Regarding the thickness direction limitation of claim 1, one of ordinary skill in the art understands that the first region and second region of the hot-press molded article of Naitou are formed in a three-dimensional product (namely, the hot-press molded article) and are therefore formed, to varying degrees, in an x, y, and z-direction.
Naitou therefore reads on the limitation such that the reinforced portion and the softened portion are formed in a thickness direction of the product of claim 1.
Naitou therefore reads on all limitations of claim 1.
Naitou teaches the punch has a protrusion and the die has a cavity with a pad, as shown in Fig. 2. Since the pad is in contact with the heated steel sheet and die, one of ordinary skill in the art would reasonably expect the pad to also be heated and the configuration of Naitou therefore reads on the claimed when the heated base metal is placed on the first die, the heated base metal is placed on an upper surface of the first die and an upper surface of the heating pad of claim 3. Additionally, one of ordinary skill in the art also understands the pad moves within the cavity when the punch is pressed onto the steel sheet and allows for the steel sheet to be shaped within the resulting space.
Naitou therefore reads on the limitation wherein: in forming the product, a cavity having a recessed shape is formed in the first die, a protrusion having a protruding shape is formed on the second die so as to be inserted into the cavity, and a heated heating pad is disposed in the cavity of the first die; and in forming the product, when the heated base metal is placed on the first die, the heated base metal is placed on an upper surface of the first die and an upper surface of the heating pad of claim 3 and wherein: in forming the product, while the second die comes close to the first die and thus presses the heated base metal placed on the first die, the heating pad is inserted into a recess of the first die by pressing force of the second die of claim 4.
Naitou teaches, for the first forming region, the heating temperature is preferably (Ac3 transformation point+50°C) or above, and 950°C or below and the average cooling rate of 20° C./s or more inside the tool ([0049]-[0050], reads on the claimed the cooling speed of the remaining surface of the product configured to come into contact with the second die is equal to or higher than 27 ˚C/s in a temperature section of 850-250˚C). In the case where the claimed ranges overlap or lie inside ranges disclosed by the prior art a prima facie case of obviousness exists. In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990); In re Geisler, 116 F.3d 1465, 1469-71, 43 USPQ2d 1362, 1365-66 (Fed. Cir. 1997). See MPEP § 2144.05 I.
Naitou teaches, for the second forming region, it is preferable to execute cooling with the average cooling rate of 10° C./s or less to a temperature of 700° C or below and 500° C or above ([0059], reads on the claimed the cooling speed of the surface of the product configured to come into contact with the first die is 3-5 ˚C/s in a temperature section of 850-500˚C). In the case where the claimed ranges overlap or lie inside ranges disclosed by the prior art a prima facie case of obviousness exists. In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990); In re Geisler, 116 F.3d 1465, 1469-71, 43 USPQ2d 1362, 1365-66 (Fed. Cir. 1997). See MPEP § 2144.05 I.
Naitou therefore reads on the limitation wherein, in the cooling the product, the cooling speed of the surface of the product configured to come into contact with the first die is 3-5 ˚C/s in a temperature section of 850-500˚C, and the cooling speed of the remaining surface of the product configured to come into contact with the second die is equal to or higher than 27 ˚C/s in a temperature section of 850-250˚C of claim 7.
However, Naitou does not explicitly disclose in the cooling the product, the softened portion is formed such that a ratio of a thickness of the softened portion to a total thickness of the product is equal to or less than 30% of claim 6.
Naitou teaches the resulting regions are equivalent to a shock resistant portion and an energy absorption portion within a single formed product and capable of achieving a balance of high strength and elongation with a high level according to each region without applying a welding method ([0018]). Naitou teaches although the formed product of the present invention includes at least the first forming region and the second forming region, it is not necessarily limited to two forming regions, and a third or fourth forming region may be included ([0042]).
While the reference does not explicitly disclose the specific thickness of the shock resistant and energy absorption portions, it would have been obvious to one of ordinary skill in the art at the time of the invention to change the thickness of the steel portions, since such a modification would have involved a mere change in the size (or dimension) of a component. A change in size (dimension) is generally recognized as being within the level of ordinary skill in the art. In re Rose, 220 F.2d 459, 105 USPQ 237 (CCPA 1955). Where the only difference between the prior art and the claims is a recitation of relative dimensions of the claimed device, and the device having the claimed dimensions would not perform differently than the prior art device, the claimed device is not patentably distinct from the prior art device, See MPEP § 2144.04 IV A. It is well known in the art that the different microstructures and thicknesses of the steel portions will change the strength and elongation values and that many design parameters are taken into consideration when determining the thickness of the steel sheet portions.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to adjust the ratio of shock resistant portion to energy absorption portion in the steel sheet of Naitou, such as within the claimed thickness ratio, to achieve the desired balance of high strength and elongation in the hot-stamped part for automobile applications, as taught by Naitou.
Naitou therefore reads on the limitation in the cooling the product, the softened portion is formed such that a ratio of a thickness of the softened portion to a total thickness of the product is equal to or less than 30% of claim 6.
Naitou therefore reads on all the limitations of claim 6.
Naitou therefore reads on all limitations of claims 1, 3-4, and 6-7.
Response to Arguments
Applicant's arguments filed 02/11/2026 have been fully considered but they are not persuasive.
Applicant argues that Naitou does not disclose a softened portion and a reinforced portion formed "in a thickness direction" of the product, and Naitou further does not disclose a configuration where both the reinforced portion and the softened portion are formed at the same location in the thickness direction (remarks, page 6).
In response, Applicant's arguments fail to comply with 37 CFR 1.111(b) because they amount to a general allegation that the claims define a patentable invention without specifically pointing out how the language of the claims patentably distinguishes them from the references. Specifically, “Naitou does not disclose” is a general allegation. Additionally, it is noted that the features upon which applicant relies (i.e., “both the reinforced portion and the softened portion are formed at the same location in the thickness direction”, emphasis added) are not recited in the rejected claim(s). Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993). In this case, the broadest reasonable interpretation of “the reinforced portion and the softened portion are formed in a thickness direction of the product” includes hot stamped parts where the reinforced portion and the softened portion are not aligned with one another in a z-direction or thickness direction, or in other words, “formed at the same location in the thickness direction”. As described in the 35 U.S.C. 103 rejections in this Office action, Naitou teaches a hot-press molded article having a first region having a metal structure containing both 80-97 area % of martensite and 3-20 area % of residual austenite, the remaining structure comprising no more than 5 area %, and a second region having a metal structure comprising 30-80 area % of ferrite, less than 30 area % (exclusive of 0 area %) of bainitic ferrite, no greater than 30 area % (exclusive of 0 area %) of martensite, and 3-20 area % of residual austenite ([0019], [0105], first region reads on the claimed reinforced portion having a martensite structure; second region reads on the claimed softened portion having ferrite and bainite structures; bainitic ferrite is also known as ferritic bainite as is considered a bainite structure). One of ordinary skill in the art understands the microstructures of these regions are formed “in a thickness direction” since the regions are formed in a three-dimensional product (namely, the hot-press molded article) and are therefore formed, to varying degrees, in an x, y, and z-direction, with the z-direction being equivalent to the claimed “in a thickness direction of the product”.
Applicant argues that Naitou forms a first region (e.g., high-strength region with 80-97% martensite) and a second region (e.g., low-strength region with 30-80% ferrite + bainite) "in an in-plane direction" of the product and Naitou merely forms different microstructures at different planar locations of the product (remarks, page 6). Applicant further argues that amended claim 1 specifically provides that the reinforced portion and the softened portion are formed "in a thickness direction of the product" while Naitou forms different regions in an in-plane direction (remarks, page 7).
In response, Naitou teaches in the hot-press forming method, by properly controlling the conditions thereof according to each region of the formed product, the metal structure of each region can be adjusted while making retained austenite of a proper amount exist, and the strength and elongation can be properly controlled according to each region by combination of the heat treatment condition and the structure of the steel sheet before forming ([0024]). Contrary to Applicant’s argument, Naitou teaches forming regions of different structures, but does not limit the location of said regions. Naitou even explicitly teaches the method can be applied to more complex shapes ([0064]) and can apply more than two forming regions ([0042]). While Fig. 3 of Naitou teaches a first region and a second region along the length of the hot stamped part, examples and preferred embodiments are not evidence of teaching away. See MPEP 2123(II). Furthermore, the disclosure of Naitou does not include the phrases “in an in-plane direction”, as argued by Applicant, and does not include related terms such as “planar” or “direction”. Applicant’s arguments are not persuasive and the 35 U.S.C. 103 rejections are maintained, as described in this Office action.
Citation of Pertinent Prior Art
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
JP6428970B1 (cited in IDS mailed 02/11/2026) teaches a steel structure with a gradient structure in which the surface layer portion is a soft layer in the thickness direction, the inside is a hard layer, and the transition layer is between the soft layer and the hard layer (Abstract) and is considered relevant to instant claim 1.
Conclusion
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/M.A./Examiner, Art Unit 1733
/REBECCA JANSSEN/Primary Examiner, Art Unit 1733
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