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 1-20 are pending and are presented for this examination.
Claim Rejections - 35 USC § 102
(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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-2, 4-5 and 13-18 are rejected under 35 U.S.C. 102(a)(1)/(a)(2) as being anticipated by Kaufmann (US20200149136).
As for claims 1-2, 4-5 and 13-18, Kaufmann discloses an additive manufacturing process by using an Al-Si based starting material in the form of a powder or wire. The additive manufacturing process is selective laser melting, which supports instant claims 1 and 5 required thermal consolidation process. Table 2 below illustrates Starting material 5 (Table 1 of [0026]) consisting of Si, Fe, Mn and Mg and optional Ti (claim 1). Hence, Kaufmann anticipates instant claims 1-2, 4 and 13-18 required elemental composition amount.
Table 2
Element
Applicant
(weight %)
Kaufmann et al.
Starting material 5
Of Table 1 ([0026])
(weight %)
Within/Overlap
(weight %)
Mn (Claim 1)
0.3-1
0.3
0.3
Mg (Claim 1)
0.3-1
0.36
0.36
Si (Claim 2)
6-13
10.1
10.1
Fe (Claim 3)
0.04-0.5
1
Broad:
0.5-1.5
0.5
Ti (Claim 4)
<=0.2
0
0
Impurities (Claim 13)
<=0.3
<=0.15
<=0.15
Cu (Claim 14)
<=0.1
0
0
Ni (Claim 15)
<=0.05
0
0
Si (Claim 16)
9.5-11.5
10.1
10.1
Mg (Claim 17)
0.3-0.6
0.36
0.36
Mn(Claim 18)
0.3-0.6
0.3
0.3
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.
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.
Claim(s) 1-20 are rejected under 35 U.S.C. 103 as being unpatentable over Egidio (NPL document “A Novel T6 Rapid Heat Treatment for AlSi10Mg Alloy Produced by Laser-Based Powder Bed Fusion: Comparison with T5 and Conventional T6 Heat Treatments” published on 02/2022).
As for claims 1-20, Egidio discloses a novel T6 rapid heat treatment for AlSi10Mg alloy produced by laser-based powder bed fusion (LBPF) (i.e. additive manufacturing) (Title). Laser-based powder bed fusion meets instant claims 1 and 5 required thermal consolidation. Hence, instant claim 1 required “an additive manufacturing process comprising depositing layer by layer an Al-based alloy from powder and performing a thermal consolidation to obtain a manufactured product” is met.
Table 1 (Page 286) displays gas atomized powders of AlSi10Mg alloy with nominal composition comprising overlapping ranges as required by instant claims 1-4, 13-18 as illustrated in Table 1 below.
A prima facie case of obviousness exists where the claimed ranges and prior art ranges overlap or are close enough that one skilled in the art would have expected them to have the same properties. See MPEP 2144.05 I.
Hence, based on the teaching of Egidio, it would have been obvious to one skill in the art, to select the amount of each element within the ranges disclosed by Egidio in order to arrive at aluminum steel of claimed invention.
Table 1
Element
Applicant
(weight %)
Egidio et al.
EN AC-43000
Table 1
(weight %)
Overlap
(weight %)
Mn (Claim 1)
0.3-1
<0.45
0.3-0.45
Mg (Claim 1)
0.3-1
0.2-0.45
0.3-0.45
Si (Claim 2)
6-13
9-11
9-11
Fe (Claim 3)
0.04-0.5
<0.55
0.04-0.55
Ti (Claim 4)
<=0.2
<0.15
<0.15
Impurities (Claim 13)
<=0.3
<=0.2
<=0.2
Cu (Claim 14)
<=0.1
<0.05
<0.05
Ni (Claim 15)
<=0.05
<0.05
<0.05
Si (Claim 16)
9.5-11.5
9-11
9.5-11
Mg (Claim 17)
0.3-0.6
0.2-0.45
0.3-0.45
Mn(Claim 18)
0.3-0.6
<0.45
0.3-0.45
T6 rapid heat treatment meets instant claim 6 required heat treating step and instant claim 8 required T6 treatment. Table IV (Page 288) discloses T6 rapid heat treatment comprises SHT (Solution heat treatment) at 510 degree C for 10 minutes, water quenching at room temperature, AA (artificial aging) at 160 degree C for 6 hours.
Hence, AA(artificial aging) at 160 degree C for 6 hours supports instant claim 7 required aging step and instant claim 11 required second heat treatment. SHT (Solution heat treatment) at 510 degree C for 10 minutes supports instant claim 11 required first heat treatment. Water quenching at room temperature supports instant claims 19-20 required cooling step by water quench.
Table IV (Page 288) also discloses T5 Direct Artificial aging (AA) at 160 degree C for 4 hours, which supports instant claim 9 required T5 treatment.
Stress relieving with an annealing temperature around 300 degree C up to 2 hours (Page 285 Col 1 paragraph 3 lines 1-2) supports instant claim 10 required stress relief treatment.
Since Stress relieving is first applied to as built additive manufactured AlSi10Mg alloy to completely relieve residual stress, stress relief followed by T6 heat treatment as required by instant 12 would have been obvious for the benefit of relieving residual stress of the additive manufactured AlSi10Mg alloy.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JENNY R WU whose telephone number is (571)270-5515. The examiner can normally be reached on 8:30 AM-5:00 PM.
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/JENNY R WU/Primary Examiner, Art Unit 1733