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 1-20 are pending and are currently under examination.
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 1-14 are rejected under 35 U.S.C. 103 as being unpatentable over BYD (CN 112159916 A).
In regard to claim 1, BYD (CN ‘916) discloses aluminum alloys having compositions relative to that of the instant invention as set forth below (abstract and page 2).
Element
Instant Claim
(mass percent)
BYD (CN ‘916)
(mass percent)
Overlap
Si
8 – 10
7 – 11
8 – 10
Mg
0.001 – 0.2
0.001 – 0.2
0.001 – 0.2
Mn
0.001 – 0.09
0.005 – 0.1
0.005 – 0.09
Fe
0.7 – 1.3
0.4 – 1.0
0.7 – 1.0
Sr
0.001 – 0.05
0.01 – 0.06
0.01 – 0.05
Cu, Zn, Ti
optional
– 0.2 Cu
0.001 – 0.2 Zn
– 0.2 Cu
0.001 – 0.2 Zn
Al
Balance
Balance
Balance
The Examiner notes that the amounts of silicon, magnesium, manganese, iron, strontium, copper, zinc and titanium for the aluminum base alloys disclosed by BYD (CN ‘916) 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 have selected the claimed amounts of silicon, magnesium, manganese, iron, strontium, copper, zinc and titanium from the amounts disclosed by BYD (CN ‘916) because BYD (CN ‘916) discloses the same utility throughout the disclosed ranges.
With respect to the recitation “wherein the inevitable impurities account for ≤0.15%” in claim 1, BYD (CN ‘916) discloses impurity elements at less than 0.1% (abstract and page 2).
In regard to claim 2, BYD (CN ‘916) discloses aluminum alloys having compositions relative to that of the instant invention as set forth below (abstract and page 2).
Element
Instant Claim
(mass percent)
BYD (CN ‘916)
(mass percent)
Overlap
Si
8 – 9.5
7 – 11
8 – 9.5
Mg
0.05 – 0.15
0.001 – 0.2
0.05 – 0.15
Mn
0.001 – 0.05
0.005 – 0.1
0.005 – 0.05
Fe
0.7 – 1
0.4 – 1.0
0.7 – 1.0
Sr
0.01 – 0.05
0.01 – 0.06
0.01 – 0.05
Cu, Zn, Ti
optional
– 0.2 Cu
0.001 – 0.2 Zn
– 0.2 Cu
0.001 – 0.2 Zn
Al
Balance
Balance
Balance
The Examiner notes that the amounts of silicon, magnesium, manganese, iron, strontium, copper, zinc and titanium for the aluminum base alloys disclosed by BYD (CN ‘916) 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 have selected the claimed amounts of silicon, magnesium, manganese, iron, strontium, copper, zinc and titanium from the amounts disclosed by BYD (CN ‘916) because BYD (CN ‘916) discloses the same utility throughout the disclosed ranges.
In regard to claim 3, BYD (CN ‘916) discloses aluminum alloys having compositions relative to that of the instant invention as set forth below (abstract and page 2).
Element
Instant Claim
(mass percent)
BYD (CN ‘916)
(mass percent)
Overlap
Si
8.2 – 9.4
7 – 11
8.2 – 9.4
Mg
0.05 – 0.09
0.001 – 0.2
0.05 – 0.09
Mn
0.001 – 0.02
0.005 – 0.1
0.005 – 0.02
Fe
0.72 – 0.85
0.4 – 1.0
0.72 – 0.85
Sr
0.02 – 0.05
0.01 – 0.06
0.02 – 0.05
Cu, Zn, Ti
optional
– 0.2 Cu
0.001 – 0.2 Zn
– 0.2 Cu
0.001 – 0.2 Zn
Al
Balance
Balance
Balance
The Examiner notes that the amounts of silicon, magnesium, manganese, iron, strontium, copper, zinc and titanium for the aluminum base alloys disclosed by BYD (CN ‘916) 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 have selected the claimed amounts of silicon, magnesium, manganese, iron, strontium, copper, zinc and titanium from the amounts disclosed by BYD (CN ‘916) because BYD (CN ‘916) discloses the same utility throughout the disclosed ranges.
In regard to claim 4, BYD (CN ‘916) discloses wherein copper would be present in an amount of 0.01 to 0.2 mass percent, which overlaps the range of the instant invention (abstract and page 2).
In regard to claim 5, BYD (CN ‘916) discloses wherein copper would be present in an amount of 0.01 to 0.2 mass percent, which overlaps the range of the instant invention (abstract and page 2).
In regard to claim 6, BYD (CN ‘916) discloses wherein copper would be present in an amount of 0.01 to 0.2 mass percent, which overlaps the range of the instant invention (abstract and page 2).
In regard to claim 7, BYD (CN ‘916) discloses wherein zinc would be present in an amount of 0.001 to 0.2 weight percent, which overlaps the range of the instant invention (abstract and page 2).
In regard to claim 8, BYD (CN ‘916) discloses wherein zinc would be present in an amount of 0.001 to 0.2 weight percent, which overlaps the range of the instant invention (abstract and page 2).
In regard to claim 9, BYD (CN ‘916) discloses wherein zinc would be present in an amount of 0.001 to 0.2 weight percent, which overlaps the range of the instant invention (abstract and page 2).
In regard to claim 10, BYD (CN ‘916) does not require the presence of titanium and therefore reads on the claim (abstract and page 2).
In regard to claim 11, BYD (CN ‘916) does not require the presence of titanium and therefore reads on the claim (abstract and page 2).
In regard to claim 12, BYD (CN ‘916) does not require the presence of titanium and therefore reads on the claim (abstract and page 2).
In regard to claim 13, BYD (CN ‘916) suggests die casting (page 2).
With respect to the recitation “has the following characteristics: a heat conductivity of ≥160 W/(m·K), a yield strength of ≥120 MPa, a tensile strength of ≥200 MPa, an elongation rate of ≥2%, a Brinell hardness of 60-80 HBW, and a corrosion rate of ≤4.5 mg/(dm2·d)” in claim 13, BYD (CN ‘916) discloses a substantially similar composition. Therefore, the claimed properties would be expected. MPEP 2112.01 I.
With respect to the recitation “characterized after heat treatment is performed on the aluminum alloy, the aluminum alloy has the following characteristics: a heat conductivity of ≥180 W/(m·K), a yield strength of ≥100 MPa, a tensile strength of ≥ 180 MPa, an elongation rate of ≥2%, a Brinell hardness of 60-80 HBW, and a corrosion rate of ≤ 4.5 mg/(dm·d)” in claim 14, BYD (CN ‘916) discloses a substantially similar composition. Therefore, the claimed properties after a heat treatment would be expected. MPEP 2112.01 I.
Claims 15-20 are rejected under 35 U.S.C. 103 as being unpatentable over BYD (CN 112159916 A) in view of Bui Dac et al. (US 2021/0044685).
In regard to claim 15, BYD (CN ‘916) discloses aluminum alloys having compositions relative to that of the instant invention as set forth below (abstract and page 2).
Element
Instant Claim
(mass percent)
BYD (CN ‘916)
(mass percent)
Overlap
Si
8 – 10
7 – 11
8 – 10
Mg
0.001 – 0.2
0.001 – 0.2
0.001 – 0.2
Mn
0.001 – 0.09
0.005 – 0.1
0.005 – 0.09
Fe
0.7 – 1.3
0.4 – 1.0
0.7 – 1.0
Sr
0.001 – 0.05
0.01 – 0.06
0.01 – 0.05
Cu, Zn, Ti
optional
– 0.2 Cu
0.001 – 0.2 Zn
– 0.2 Cu
0.001 – 0.2 Zn
Al
Balance
Balance
Balance
The Examiner notes that the amounts of silicon, magnesium, manganese, iron, strontium, copper, zinc and titanium for the aluminum base alloys disclosed by BYD (CN ‘916) 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 have selected the claimed amounts of silicon, magnesium, manganese, iron, strontium, copper, zinc and titanium from the amounts disclosed by BYD (CN ‘916) because BYD (CN ‘916) discloses the same utility throughout the disclosed ranges.
With respect to the recitation “wherein the inevitable impurities account for ≤0.15%” in claim 15, BYD (CN ‘916) discloses impurity elements at less than 0.1% (abstract and page 2).
With respect to the recitation “An electronic device, comprising a housing and a body in the housing wherein the body comprises a processing unit of the electronic device, and a part or all of the housing is an aluminum alloy” in claim 15, BYD (CN ‘916) fails to specify the above features.
Bui Dac et al. (‘685) teaches an electronic device with a housing that would be made of an aluminum alloy in order to improve the aesthetic sense of the electronic device [0084]. Bui Dac et al. (‘685) further teaches a support member inside the electronic device that may be coupled with a display module on a surface thereof and with the printed circuit board on another surface thereof and a processor may be mounted on the printed circuit board and that process may include a central processing unit [0078].
Therefore, it would have been obvious to one having ordinary skill in the art prior to the filing of the instant invention to use the aluminum alloys disclosed by BYD (CN ‘916), as a housing for an electronic device with processor inside, as disclosed by Bui Dac et al. (‘685), in order to improve the aesthetic sense of the electronic device, as disclosed by Bui Dac et al. (‘685) ([0076] and [0084]).
In regard to claim 16, BYD (CN ‘916) discloses aluminum alloys having compositions relative to that of the instant invention as set forth below (abstract and page 2).
Element
Instant Claim
(mass percent)
BYD (CN ‘916)
(mass percent)
Overlap
Si
8 – 9.5
7 – 11
8 – 9.5
Mg
0.05 – 0.15
0.001 – 0.2
0.05 – 0.15
Mn
0.001 – 0.05
0.005 – 0.1
0.005 – 0.05
Fe
0.7 – 1
0.4 – 1.0
0.7 – 1.0
Sr
0.01 – 0.05
0.01 – 0.06
0.01 – 0.05
Cu, Zn, Ti
optional
– 0.2 Cu
0.001 – 0.2 Zn
– 0.2 Cu
0.001 – 0.2 Zn
Al
Balance
Balance
Balance
The Examiner notes that the amounts of silicon, magnesium, manganese, iron, strontium, copper, zinc and titanium for the aluminum base alloys disclosed by BYD (CN ‘916) 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 have selected the claimed amounts of silicon, magnesium, manganese, iron, strontium, copper, zinc and titanium from the amounts disclosed by BYD (CN ‘916) because BYD (CN ‘916) discloses the same utility throughout the disclosed ranges.
In regard to claim 17, BYD (CN ‘916) discloses aluminum alloys having compositions relative to that of the instant invention as set forth below (abstract and page 2).
Element
Instant Claim
(mass percent)
BYD (CN ‘916)
(mass percent)
Overlap
Si
8.2 – 9.4
7 – 11
8.2 – 9.4
Mg
0.05 – 0.09
0.001 – 0.2
0.05 – 0.09
Mn
0.001 – 0.02
0.005 – 0.1
0.005 – 0.02
Fe
0.72 – 0.85
0.4 – 1.0
0.72 – 0.85
Sr
0.02 – 0.05
0.01 – 0.06
0.02 – 0.05
Cu, Zn, Ti
optional
– 0.2 Cu
0.001 – 0.2 Zn
– 0.2 Cu
0.001 – 0.2 Zn
Al
Balance
Balance
Balance
The Examiner notes that the amounts of silicon, magnesium, manganese, iron, strontium, copper, zinc and titanium for the aluminum base alloys disclosed by BYD (CN ‘916) 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 have selected the claimed amounts of silicon, magnesium, manganese, iron, strontium, copper, zinc and titanium from the amounts disclosed by BYD (CN ‘916) because BYD (CN ‘916) discloses the same utility throughout the disclosed ranges.
In regard to claim 18, BYD (CN ‘916) discloses wherein copper would be present in an amount of 0.01 to 0.2 mass percent, which overlaps the range of the instant invention (abstract and page 2).
In regard to claim 19, BYD (CN ‘916) discloses wherein copper would be present in an amount of 0.01 to 0.2 mass percent, which overlaps the range of the instant invention (abstract and page 2).
In regard to claim 20, BYD (CN ‘916) discloses wherein copper would be present in an amount of 0.01 to 0.2 mass percent, which overlaps the range of the instant invention (abstract and page 2).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. CN 107253027 A teaches a stainless steel frame and aluminum alloy pressure cast plate structure for a mobile phone housing.
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/JESSEE R ROE/Primary Examiner, Art Unit 1759