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 .
Election/Restrictions
Applicant’s election without traverse of claims 1-10 in the reply filed on 4/16/2026 is acknowledged.
Claims 11-25 withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 4/16/2026.
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 1-10 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.
Instant claim 1 recites the limitation “one or more additional chemical elements that form an equiaxed grain structure of an aluminum matrix of the alloy composition.” This limitation is indefinite for several reasons. First, the grain structure of an alloy is not solely determined by composition but also method of manufacturing. As such, it is unclear what specific elements are meant by “one or more additional chemical elements that form an equiaxed grain structure of an aluminum matrix of the composition.” Furthermore, it is unclear whether or not the limitation is positively reciting that the alloy has an equiaxed grain structure, or is merely limiting the alloy to including one or more additional chemical elements that can form an equiaxed grain structure under appropriate manufacturing conditions.
Instant claims 2-10 depend on instant claim 1 and are indefinite for at least the same reasons.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1-3, 5, 7, 8 and 10 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by “Microstructure and properties of 7075 aluminum alloy welding join using different filler metals” by Zhong et al.
Regarding claims 1-3, 5, 7 and 10, Zhong discloses an alloy with an equiaxed grain structure comprising the following composition (Zhong, abstract, “2. Materials and methods,” Table 1, Al-Zn-Mg-Cu-Ti/TiB2) which lies within the instantly claimed composition as follows:
Element
Claimed wt%
Zhong wt%
Lies within?
Al
About 85-98
Balance (86.89)
Yes
Mg
About 1-5
2.54
Yes
Ti
About 1-5
2.4
Yes
B
About 0.1-3
0.8
Yes
Zhong anticipates instant claims 1-3, 5, 7 and 10 because Zhong discloses an alloy wholly within the scope of instant claims 1-3, 5, 7 and 10.
Regarding claim 8, the alloy of Zhong contains Si, Fe, Mn, Cr and Zn (Zhong, “2. Materials and methods,” Table 1, Al-Zn-Mg-Cu-Ti/TiB2).
Claim(s) 1, 2, 4 and 8-10 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by “Radial-shear rolling of high-strength aluminum alloys: Finite element simulation and analysis of microstructure and mechanical properties” by Akopyan et al.
Regarding claims 1 and 8-10, Akopyan discloses an alloy with an equiaxed grain structure comprising the following composition (Akopyan, abstract, “2. Experimental Materials and methods,” Table 1, AL7Zn2.8Mg0.7Ni0.55Fe0.2Zr) which lies within the instantly claimed composition as follows:
Element
Claimed wt%
Akopyan wt%
Lies within?
Al
About 85-98
Balance (88.4)
Yes
Mg
About 1-5
2.80
Yes
Ni
About 0.2-1
0.70
Yes
Akopyan anticipates instant claims 1 and 8-10 because Akopyan discloses an alloy wholly within the scope of instant claims 1 and 8-10.
Regarding claim 2 and 4, the alloy of Akopyan contains Zr (Akopyan, “2. Experimental Materials and methods,” Table 1, AL7Zn2.8Mg0.7Ni0.55Fe0.2Zr).
Claim(s) 1-3, 6, 8 and 10 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by “The effect of heat treatment at 500-655 °C on the microstructure and properties of mechanically alloyed Al-Ti-O based material” by Barlow et al.
Regarding claims 1-3 and 6, Barlow discloses an alloy with what appears to be an equiaxed grain structure comprising the following composition (Barlow, abstract, “2. Experimental,” Figure 4f) which lies within the instantly claimed composition as follows:
Element
Claimed wt%
Barlow wt%
Lies within?
Al
About 85-98
Balance (87.2)
Yes
Mg
About 1-5
1
Yes
C
About 0.05-1
0.25
Yes
Barlow anticipates instant claims 1-3, and 6 because Barlow discloses an alloy wholly within the scope of instant claims 1-3, and 6.
Regarding claims 8 and 10, the alloy of Barlow contains O and Ti (Barlow, “2. Experimental”).
Claim(s) 1-3, 6, 8 and 10 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by WO 00/14291 to Vine et al.
Regarding claims 1-3 and 6, Vine discloses an alloy with isotropic strength (which would require an equiaxed grain structure) comprising the following composition (Vine, abstract, Table 1) which lies within the instantly claimed composition as follows:
Element
Claimed wt%
Vine wt%
Lies within?
Al
About 85-98
Balance (93.38)
Yes
Mg
About 1-5
4.8
Yes
C
About 0.05-1
0.25
Yes
Vine anticipates instant claims 1-3, and 6 because Vine discloses an alloy wholly within the scope of instant claims 1-3, and 6.
Regarding claim 8, examiner takes official notice that at least nitrogen and oxygen would be present as inevitable impurities in the alloy of Vine.
Regarding claim 10, the alloy of Vine contains Li (Vine, Table 1).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRIAN D WALCK whose telephone number is (571)270-5905. The examiner can normally be reached Monday-Friday 10 AM - 6:30 PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Sally Merkling can be reached at 571-272-6297. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/BRIAN D WALCK/Primary Examiner, Art Unit 1738
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