CTNF 18/436,610 CTNF 94277 DETAILED ACTION Notice of Pre-AIA or AIA Status 07-03-aia AIA 15-10-aia The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA. 12-151 AIA 26-51 12-51 Status of Claims Pending and under examination: claims 1-16 Rejected: claims 1-16 Claim Rejections - 35 USC § 103 07-06 AIA 15-10-15 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. 07-20-aia AIA 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. 07-23-aia AIA 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. 07-20-02-aia AIA This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention. 07-21-aia AIA Claim s 1-5 and 12-15 are rejected under 35 U.S.C. 103 as being unpatentable over Fujii et al. (US 20170369964 A1) . Regarding claim 1 , Fujii teaches a high strength steel sheet for automobiles [0001]-[0002] having the following composition that overlaps with the claimed ranges: Element Instant claim 1 (wt. %) Fujii(wt. %) Location in reference C 0.05-0.45 0.05-0.45 [0024] Mn 0.5-4.5 0.50-3.60 [0026] Cr 0.5-6 0-2.00 [0038] Si 0.5-2.5 0.5-3.0 [0025] Ce 0.1-0.5 0-0.500 [0041] Fe Balance Balance [0042] In the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists (MPEP 2144.05 I.). Similarly, a prima facie case of obviousness exists where the claimed ranges or amounts do not overlap with the prior art but are merely close (MPEP 2144.05 I.). The high strength steel sheet is used as a framework member and has high ductility [0002], making it suitable for hot stamping. Regarding claims 2-4 , the alloy composition and element contents as shown above overlap with and meet the claimed ranges. In the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists (MPEP 2144.05 I.). Similarly, a prima facie case of obviousness exists where the claimed ranges or amounts do not overlap with the prior art but are merely close (MPEP 2144.05 I.). Regarding claim 5 , Fujii teaches a high strength steel sheet for automobiles [0001]-[0002] having the following composition that overlaps with the claimed ranges: Element Instant claim 5 (wt. %) Fujii(wt. %) Location in reference C 0.05-0.45 0.05-0.45 [0024] Mn 0.5-4.5 0.50-3.60 [0026] Cr 0.5-6 0-2.00 [0038] Si 0.5-2.5 0.5-3.0 [0025] Ce 0.1-0.5 0-0.500 [0041] Fe Balance Balance [0042] In the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists (MPEP 2144.05 I.). Similarly, a prima facie case of obviousness exists where the claimed ranges or amounts do not overlap with the prior art but are merely close (MPEP 2144.05 I.). The high strength steel sheet is used as a framework member and is described as having high ductility [0002], making it suitable for hot stamping. The Examiner takes Official Notice that it would have been obvious for a person of ordinary skill in the art before the effective filing date of the claimed invention to use the high strength steel sheet of Fujii for hot stamping into a desired structural automotive part, because Fujii teaches that the steel sheet is for automobiles; given that a sheet is an intermediate product designed to be processed into a specific shape, such as for an automobile, a POSITA would find it obvious to form it via stamping, one of the most common shaping methods for vehicle framework members. A POSITA would find it obvious to specifically hot stamp, in order to more easily form the sheet compared to cold stamping and to mitigate work hardening. Regarding claim 12 , Fujii teaches a high strength steel sheet for automobiles [0001]-[0002] having the following composition that overlaps with the claimed ranges: Element Instant claim 12 (wt. %) Fujii(wt. %) Location in reference C 0.05-0.45 0.05-0.45 [0024] Mn 0.5-4.5 0.50-3.60 [0026] Cr 0.5-6 0-2.00 [0038] Si 0.5-2.5 0.5-3.0 [0025] Ce 0.1-0.5 0-0.500 [0041] Fe Balance Balance [0042] In the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists (MPEP 2144.05 I.). Similarly, a prima facie case of obviousness exists where the claimed ranges or amounts do not overlap with the prior art but are merely close (MPEP 2144.05 I.). The high strength steel sheet is used as a framework member for an automobile, which is a structural part [0002]. Fujii further teaches thickness of internal oxide layers of 0-35 µm, including an example at 5 µm (Table 2), which overlaps with the claimed range. In the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists (MPEP 2144.05 I.). Similarly, a prima facie case of obviousness exists where the claimed ranges or amounts do not overlap with the prior art but are merely close (MPEP 2144.05 I.). Regarding claims 13-15 , the alloy composition and element contents as shown above overlap with and meet the claimed ranges. In the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists (MPEP 2144.05 I.). Similarly, a prima facie case of obviousness exists where the claimed ranges or amounts do not overlap with the prior art but are merely close (MPEP 2144.05 I.) . 07-21-aia AIA Claim s 6-11 and 16 are rejected under 35 U.S.C. 103 as being unpatentable over Fujii et al. (US 20170369964 A1), as applied to claims 5 and 12 above, in view of Schleichert et al. (US 20150292075 A1) . Regarding claims 6-7 , Fujii teaches the method of claim 5 above, but is silent regarding hot stamping heating occurring in the space bounded by the time in the listed temperature points. Schleichert teaches that automotive vehicle components are often manufactured by hot forming a steel blank, such as a cold or hot rolled steel sheet [0005]. The hot forming process is conducted at a temperature greater than 700° C and oftentimes includes hot stamping the steel sheet [0005]. The hot forming process used to form the automotive component 20 typically includes hot stamping the coated steel blank 26 [0026]. Hot stamping may include disposing the coated steel blank 26 in a furnace or oven 34, as shown in FIG. 1, and heating the coated steel blank 26 to a temperature sufficient to form an austenite phase in the steel material [0026]. In one embodiment, the coated steel blank 26 is heated to a temperature of at least 700° C, and preferably 700 to 950°C [0026]. As such, Schleichert teaches heating the blank to at temperature (rather than teaching the temperature of the heating space); a POSITA would understand that heating to a temperature would require a given amount time, because transferring of heat is not instantaneous and takes some duration of time. Therefore, it would have been obvious for a person of ordinary skill in the art before the effective filing date of the claimed invention to arrive at the claimed temperature ranges and durations, as doing so would allow for the blanks to be in an austenite phase before stamping, which allows for increasing the mechanical strength and other physical properties of the steel sheet [0005]. Regarding claim 8 , Fujii and Schleichert teach the method of claim 5 above, and although they are silent regarding the heating occurring in an inert gas, the Examiner takes Official Notice that it would have been obvious for a person of ordinary skill in the art before the effective filing date of the claimed invention to perform the heating in an inert atmosphere, as doing so is one of the most common methods in the chemical and materials science arts to mitigate and/or prevent undesired oxidation from occurring. Both Fujii and Schleichert teach that uncontrolled/undesirably high levels of oxidation are to be avoided (Fujii [0001]-[0009]; Schleichert [0005], [0008]). Regarding claims 9-11 , the alloy composition and element contents as shown above overlap with and meet the claimed ranges. In the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists (MPEP 2144.05 I.). Similarly, a prima facie case of obviousness exists where the claimed ranges or amounts do not overlap with the prior art but are merely close (MPEP 2144.05 I.). Regarding claim 16 , Fujii teaches the automotive structural part of claim 12 above, but is silent regarding the structural part specifically being an automotive pillar, door beam, or bumper beam Schleichert teaches that automotive vehicle components are often manufactured by hot forming a steel blank, such as a cold or hot rolled steel sheet [0005], and further teaches that examples of such automotive components include A-pillars, B-pillars, D-pillars, door beams, bumper beams, sills, rockers, fuel tank guards, skid shields, front rails, mid rails, rear rails, door frames, door inner reinforcement components, front tunnels, and wet area components, such as parts along the floor of the automotive vehicle [0005]. It would have been obvious for a person of ordinary skill in the art before the effective filing date of the claimed invention to use Fujii in view of Schleichert to form an automotive pillar, door beam, or bumper beam, as doing so is a known technique of producing automotive components having good mechanical strength and physical properties (Schleichert, [0005]). Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to Adil Siddiqui whose telephone number is (571)272-8047. The examiner can normally be reached M-F 10AM-6PM CST. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Keith Walker can be reached at 571-272-3458. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /ADIL A. SIDDIQUI/Primary Examiner, Art Unit 1735 Application/Control Number: 18/436,610 Page 2 Art Unit: 1735 Application/Control Number: 18/436,610 Page 3 Art Unit: 1735 Application/Control Number: 18/436,610 Page 4 Art Unit: 1735 Application/Control Number: 18/436,610 Page 5 Art Unit: 1735 Application/Control Number: 18/436,610 Page 6 Art Unit: 1735 Application/Control Number: 18/436,610 Page 7 Art Unit: 1735 Application/Control Number: 18/436,610 Page 8 Art Unit: 1735 Application/Control Number: 18/436,610 Page 9 Art Unit: 1735
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