Prosecution Insights
Last updated: October 02, 2026
Application No. 18/498,668

ALUMINUM ALLOY AND METHOD FOR PRODUCING SAME

Final Rejection §103
Filed
Oct 31, 2023
Priority
Nov 07, 2022 — JP 2022-177936
Examiner
ZHENG, LOIS L
Art Unit
1733
Tech Center
1700 — Chemical & Materials Engineering
Assignee
Toyota Motor Corporation
OA Round
2 (Final)
68%
Grant Probability
Favorable
3-4
OA Rounds
9m
Est. Remaining
81%
With Interview

Examiner Intelligence

Grants 68% — above average
68%
Career Allowance Rate
511 granted / 756 resolved
+2.6% vs TC avg
Moderate +13% lift
Without
With
+13.0%
Interview Lift
resolved cases with interview
Typical timeline
3y 8m
Avg Prosecution
27 currently pending
Career history
795
Total Applications
across all art units

Statute-Specific Performance

§101
0.5%
-39.5% vs TC avg
§103
57.4%
+17.4% vs TC avg
§102
17.6%
-22.4% vs TC avg
§112
14.2%
-25.8% vs TC avg
Black line = Tech Center average estimate • Based on career data from 756 resolved cases

Office Action

§103
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 Claims Claims 1 and 3 are amended in view of applicant’s claim amendments filed 6/12/2026. New claims 4-5 are added. Therefore, claims 1-5 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. Claim(s) 1-5 is/are rejected under 35 U.S.C. 103 as being unpatentable over KR91-0001108(KR108), and further in view of Kim et al. US 2021/0180159 A1 (Kim). KR108 teaches an Al alloy comprising 1.30-3.00 wt% Si, 0.50-0.90 wt% Mg, up to 0.3 wt% Fe and 0.6-1.13 wt% Mn(abstract). Additionally, the claimed unavoidable impurities would have been present in the Al alloy of KR108. Regarding claim 1, the amount of Mg in the Al alloy of KR108 reads on the amount of Mg in the claimed Al alloy. The amounts of Fe and Mn in the Al alloy of KR108 overlap the claimed amounts o Fe and Mn in the claimed Al alloy. Therefore, a prima facie case of obviousness exists. See MPEP 2144.05. However, the Si as taught by KR108 is lower than the claimed 4-12mass% as recited in claim 1. Kim teaches an Al-Si-Mg-Fe-Mn based Al alloy, wherein the Si is present in an amount of 7.8-10.5wt% for the purpose of improving castability, abrasion resistance, thermal conductivity and strength(abstract, [0044-0047]). Therefore, it would have been obvious to one of ordinary skill in the art to have incorporated the 7.8-10.5wt% Si as taught by Kim into the Al alloy of KR108 in order to improve castability, abrasion resistance, thermal conductivity and strength as taught by Kim. Additionally, KR108 teaches a process for producing the Al alloy, wherein main components of the Al alloy such as Si, Mg, Fe, Mn and Al are melted in a furnace to produce a molten state, which reads on the claimed raw material preparation step(i) and molten alloy preparation step (ii) as recited in claim 3. KR108 additionally teaches that the molten alloy is poured into a cast iron mold for casting(pg. 2 Example), which reads on the claimed pouring step (iii) as recited in claim 3. KR108 further teaches that the molten alloy is cooled and solidified at 500-535°C (abstract) which reads on the claimed cooling step (iv) as recited in claim 3. Additionally, KR108 further teaches artificial aging at 200-230°C for 1-3 hrs(page 1 bottom paragraph), which reads on the claimed forced aging. Since KR108 in view of Kim disclose an Al alloy that is materially significantly similar to the claimed Al alloy and undergoes a process comprising significantly similar process steps, one of ordinary skill in the art would have found that the Vicker’s hardness in the produced Al alloy as taught by KR108 in view of Kim to be significantly similar to the claimed Vickers hardness and exhibits significantly similar changes as claimed. Regarding claim 3, KR108 teaches a process for producing the Al alloy, wherein main components of the Al alloy such as Si, Mg, Fe, Mn and Al are melted in a furnace to produce a molten state, which reads on the claimed raw material preparation step(i) and molten alloy preparation step (ii). KR108 additionally teaches that the molten alloy is poured into a cast iron mold for casting(pg. 2 Example), which reads on the claimed pouring step (iii). KR108 further teaches that the molten alloy is cooled and solidified at 500-535°C (abstract) which reads on the claimed cooling step (iv). Although the cooling and solidifying time duration as taught by KR108(i.e. 1-6 hours) is higher than claimed 20-40minutes. It would have been well within the skills of an ordinary artisan to have arrived at the claimed time with routine optimization since the claimed cooling/solidifying time can be adjusted based on the size of the Al alloy product(i.e. larger product would require longer cooling/solidifying time, and vice versa). Additionally, KR108 further teaches artificial aging at 200-230°C for 1-3 hrs(page 1 bottom paragraph). Regarding claim 2, the claimed EPMA mapping(i.e. electron probe microanalysis, aka. X-ray microanalysis) is directed to an observation method used to measure the distribution amounts of alloying elements Mg, Fe and Mn, based on the intensity of the X-ray K-α. The claimed EPMA mapping measuring method does not add any limitations to the claimed Al alloy that distinguish the Al alloy of KR108 from the claimed Al alloy. Since the Al alloy of KR108 has the same composition as claimed Al alloy and is produced by a process that is significantly similar to the claimed process, as discussed in the rejection of claims 1 and 3 above, one of ordinary skill in the art would have expected that the Al alloy of KR108 to have significantly similar distribution of Mg, Mn and Fe, presented in terms of intensity of K-α, as claimed when being observed by EPMA mapping method as recited in claim 2, absent persuasive evidence to the contrary. Regarding claims 4-5, Kim further teaches that the Al alloy does not contain copper in order to ensure corrosion resistance of the Al alloy to a desired level[0057]. Therefore, it would have been obvious to one of ordinary skill in the art to have removed Cu from the Al alloy of KR108 in light of the teachings of Kim in order to ensure Al alloy corrosion resistance as taught by Kim. Response to Arguments Applicant’s arguments with respect to claim(s) 1-5 in the response filed 6/12/2026 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument. Conclusion Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a). A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action. Any inquiry concerning this communication or earlier communications from the examiner should be directed to LOIS L ZHENG whose telephone number is (571)272-1248. The examiner can normally be reached Mon-Fri 8:15-4:45. 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 Hendricks can be reached at 571-272-1401. 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. LOIS ZHENG Primary Examiner Art Unit 1733 /LOIS L ZHENG/Primary Examiner, Art Unit 1733
Read full office action

Prosecution Timeline

Oct 31, 2023
Application Filed
Feb 21, 2026
Non-Final Rejection (signed) — §103
Apr 07, 2026
Non-Final Rejection mailed — §103
Jun 12, 2026
Response Filed
Sep 16, 2026
Final Rejection mailed — §103 (current)

Precedent Cases

Applications granted by this same examiner with similar technology

Patent 12747506
SYSTEM AND METHOD OF COATING AN AUTOMOTIVE PART WITH IRON OXIDE FOR AN ELECTRIC DRIVE UNIT OF A VEHICLE
3y 7m to grant Granted Sep 29, 2026
Patent 12742222
METHOD FOR MANUFACTURING HOT-DIP GALVANIZED STEEL SHEET, AND STEEL SHEET AND VEHICLE COMPONENT
3y 8m to grant Granted Sep 22, 2026
Patent 12629766
CARBON STEEL AND AUSTENITIC STAINLESS STEEL ROLLING CLAD PLATE MANUFACTURING METHOD THEREFOR
3y 11m to grant Granted May 19, 2026
Patent 12630906
HIGH CORROSION AND HEAT RESISTANT ALUMINUM ALLOY
3y 9m to grant Granted May 19, 2026
Patent 12584185
COLD-ROLLED STEEL SHEET HAVING EXCELLENT THERMAL-RESISTANCE AND MOLDABILITY, AND METHOD FOR MANUFACTURING SAME
3y 9m to grant Granted Mar 24, 2026
Study what changed to get past this examiner. Based on 5 most recent grants.

Strategy Recommendation AI-generated — please review before filing

Get a prosecution strategy drawn from examiner precedents, rejection analysis, and claim mapping.
Typically takes 5-10 seconds — AI-generated, attorney review required before filing

Prosecution Projections

3-4
Expected OA Rounds
68%
Grant Probability
81%
With Interview (+13.0%)
3y 8m (~9m remaining)
Median Time to Grant
Moderate
PTA Risk
Based on 756 resolved cases by this examiner. Grant probability derived from career allowance rate.

Sign in with your work email

Enter your email to receive a magic link. No password needed.

Personal email addresses (Gmail, Yahoo, etc.) are not accepted.

Free tier: 3 strategy analyses per month