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 .
Status of the Claims
Claims 1 and 3-10 are pending wherein claims 1 and 3-10 are currently under examination and claims 2 and 11-18 have been canceled. Applicant’s election of claims 1 and 3-10 was made with traverse in the Response filed on July 20, 2026. Applicant traverses on the ground that the amendment canceling claims 2 and 11-18 renders the restriction moot. The Examiner acknowledges Applicant’s election with traverse.
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 1 and 3-6 are rejected under 35 U.S.C. 103 as being unpatentable over Choudhury et al. (US 2022/0324063).
In regard to claim 1, Choudhury et al. (‘063) discloses lead-free solder alloys having compositions relative to that of the instant invention as set forth below (abstract and [0006-0033]).
Element
Instant Claim
(mass percent)
Choudhury et al. (‘063)
(weight percent)
Overlap
Ag
3 – 3.8
2.5 – 5
3 – 3.8
Cu
0.1 – 1.0
0.01 – 2
0.1 – 1
Bi
more than 0 – less than 1.5
0.01 – 5
0.01 – less than 1.5
Sb
1 – 7.9
1 – 7
1 – 7
Fe
0.02 – 0.04
0 – 0.5
0.02 – 0.04
Co
0.008 – 0.02
0 – 0.5
0.008 – 0.02
Sn
Balance
Balance
Balance
The Examiner notes that the amounts of silver, copper, bismuth, antimony, iron and cobalt for the tin based alloys disclosed by Choudhury et al. (‘063) overlap the amounts of the instant invention, which is prima facie evidence of obviousness. MPEP 2144.05 I. It would have been obvious to one having ordinary skill in the art prior to the filing of the instant invention to select the claimed amounts of silver, copper, bismuth, antimony, iron and cobalt for tin based alloys from those disclosed by Choudhury et al. (‘063) because Choudhury et al. (‘063) discloses the same utility throughout the disclosed ranges.
With respect to the recitation “consisting of”, Choudhury et al. (‘063) does not require the presence of additional elements and therefore reads on the claim.
In regard to claim 3, Choudhury et al. (‘063) discloses wherein the solder alloy powder would in a paste with a flux [0103].
In regard to claim 4, Choudhury et al. (‘063) discloses wherein the alloy would in the form of solder spheres (balls) for use in ball grid array joints [0103].
In regard to claim 5, Choudhury et al. (‘063) discloses a preform of the solder alloy or a preformed solder piece [0103].
In regard to claim 6, Choudhury et al. (‘063) discloses wherein the solder alloy would be in the form of a solidified solder joint [0103].
Claims 1 and 3-10 are rejected under 35 U.S.C. 103 as being unpatentable over Odonari et al. (Study of Mount Technology on Alumina Multilayer Substrate for Automatic Transmission ECU) in view of Choudhury et al. (US 2022/0324063).
In regard to claims 1 and 7-10, Odonari et al. discloses using high temperature Sn-3.5Ag-0.75Cu solder alloys for ECU’s that are mounted on the engine body or the transmission of commercial vehicles in Japan in multi-layered circuits (page 314 and page 315, left column).
Odonari et al. discloses using Sn-3.5Ag-0.75 solder alloys as set forth above, but Odonari et al. does not specify wherein more than 0 to less than 1.5 mass percent bismuth, 1.0 to 7.9 mass percent antimony, 0.02 to 0.04 mass percent iron, and more than 0.008 to 0.02 mass percent cobalt would be included in the alloy.
Choudhury et al. (‘063) discloses lead-free solder alloys having compositions relative to that of the instant invention as set forth below (abstract and [0006-0033]).
Element
Instant Claim
(mass percent)
Choudhury et al. (‘063)
(weight percent)
Overlap
Ag
3 – 3.8
2.5 – 5
3 – 3.8
Cu
0.1 – 1.0
0.01 – 2
0.1 – 1
Bi
more than 0 – less than 1.5
0.01 – 5
0.01 – less than 1.5
Sb
1 – 7.9
1 – 7
1 – 7
Fe
0.02 – 0.04
0 – 0.5
0.02 – 0.04
Co
0.008 – 0.02
0 – 0.5
0.008 – 0.02
Sn
Balance
Balance
Balance
Choudhury et al. (‘063) discloses adding 0.01 to 5 weight percent bismuth to substantially similar tin-based alloys in order to improve the mechanical properties of the solder alloy [0044]. Choudhury et al. (‘063) discloses adding 1 to 7 weight percent antimony to substantially similar tin-based alloys in order to improve the mechanical properties through solid solution strengthening [0045]. Choudhury et al. (‘063) discloses adding up to 0.5 weight percent iron to improve the strength [0055]. Choudhury et al. (‘063) discloses adding up to 0.5 weight percent cobalt to improve the strength [0052].
Therefore, it would have been obvious to one having ordinary skill in the art prior to the filing of the instant invention to add 0.01 to 5 weight percent bismuth, 1 to 7 weight percent antimony, up to 0.5 weight percent iron and up to 0.5 weight percent cobalt, as disclosed by Choudhury et al. (‘063), to the Sn-3.5Ag-0.75 solder alloys, as disclosed by Odonari et al. in order to improve the overall strength and mechanical properties, as disclosed by Choudhury et al. (‘063) ([0044-0045], [0052] and [0055]).
The Examiner notes that the amounts of silver, copper, bismuth, antimony, iron and cobalt for the tin based alloys disclosed by Odonari et al. in view of Choudhury et al. (‘063) overlap the amounts of the instant invention, which is prima facie evidence of obviousness. MPEP 2144.05 I. It would have been obvious to one having ordinary skill in the art prior to the filing of the instant invention to select the claimed amounts of silver, copper, bismuth, antimony, iron and cobalt for tin based alloys from those disclosed by Odonari et al. in view of Choudhury et al. (‘063) because Odonari et al. in view of Choudhury et al. (‘063) discloses the same utility throughout the disclosed ranges.
With respect to the recitation “consisting of”, Odonari et al. in view of Choudhury et al. (‘063) does not require the presence of additional elements and therefore reads on the claim.
In regard to claim 3, Choudhury et al. (‘063) discloses wherein the solder alloy powder would in a paste with a flux [0103].
In regard to claim 4, Choudhury et al. (‘063) discloses wherein the alloy would in the form of solder spheres (balls) for use in ball grid array joints [0103].
In regard to claim 5, Choudhury et al. (‘063) discloses a preform of the solder alloy or a preformed solder piece [0103].
In regard to claim 6, Choudhury et al. (‘063) discloses wherein the solder alloy would be in the form of a solidified solder joint [0103].
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The Examiner is not aware of additional references that would e pertinent to the disclosure of the instant invention.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Jessee Roe whose telephone number is (571)272-5938. The examiner can normally be reached Monday thru Friday 7:30 am to 4 pm.
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/JESSEE R ROE/Primary Examiner, Art Unit 1759
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