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 1-4 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) 1-4 is/are rejected under 35 U.S.C. 103 as being unpatentable over WO 2014/129385 A1(WO385).
WO385 teaches an aluminum alloy sheet for a can body(abstract), wherein the Al alloy of WO385 has a composition that applies to the claimed Al alloy as follows:
Al alloy
Instant Claims (mass%)
WO385 (mass%)
Si
0.10-0.70
0.20-0.40
Fe
0.10-0.80
0.25-0.60
Cu
0.10-0.30
0.20-0.30
Mn
0.50-1.50
0.8-1.2
Mg
1.20-1.50
1.0-1.50
Balance Al & inevitable impurities
Balance Al & inevitable impurities
Balance Al & inevitable impurities
Regarding claim 1, Alloys 2-3 on Table 1 of WO385 have compositions that read on the claimed Al alloy compositions.
Additionally, WO385 teaches a process of making its Al alloy sheet comprising steps that applies to the process steps as disclosed in the instant specification as follows:
Instant Specification
WO385
Casting an Al alloy with claimed composition [0034-0035]
Casting to produce a slab[0061]
Homogenizing treatment at 550°C to 620°C[0036] for 1 hour or longer[0037]
Homogenizing treatment at 600°C to 620°C for 1-24 hours[0063-0064]
Hot rolling[0038-0040]:
Hot rough rolling at 550°C to 600°C
Hot finish rolling, wherein the temperature of the Al alloy sheet is kept at ≥300°C for ≤10 hrs
Hot rolling [0065-0066,0068]:
Hot rough rolling at 500-550°C
Hot finish rolling, wherein the exist temperature was 330°C - 360°C and the hot rolled sheet is kept at ≥300°C for ≥1 hr
Cold rolling[0041-0044]:
A rolling ending temperature of the pass before the final pass is 110°C to 180°C
Keeping the Al alloy sheet before the final pass at ≥100°C for ≤15hrs
Final cold rolling ending temperature is 140°C to 180°C
Cold rolling[0069-0077]:
An intermediate cold rolling ending temperature before the final pass is 140°C to 170°C[0071]
Holding the intermediate cold rolled Al alloy sheet at ≥120°C for 2-10 hrs [0072]
Final cold rolling at 150°C to 190°C [0073]
The above comparison shows that WO385 teaches a process of manufacturing the aluminum alloy sheet comprising process steps and conditions that are significantly similar to the manufacturing process disclosed by the instant specification.
Additionally, the claimed n-values are work hardening exponents of the Al alloy sheet (see par[0006-0007] of instant specification) when subjecting to claimed plastic strain. The examiner concludes that the claimed n-values are inherent properties of an Al alloy sheet. Since WO385 teaches an Al alloy sheet manufacturing process that is significantly similar to the manufacturing process disclosed by the instant specification using an Al alloy having the same composition as claimed Al alloy composition, one of ordinary skill in the art would have expected that the n-values of the Al alloy sheet made by the process of WO385 to be significant similar to the claimed n-values when under plastic strain of claimed range, which renders the claimed Al alloy sheet prima facie obvious.
Regarding claim 2, Table 3 of WO385 further shows that Alloys 2-3 have tensile strength of 329MPa and 327MPa respectively, which reads on the claimed tensile strength.
Regarding claims 3-4, the claimed Mg solid solution contents, calculated according to the specific resistance differences as described in the instant claims, are merely inherent properties of the Al alloy sheet. Since WO385 teaches an Al alloy sheet manufacturing process that is significantly similar to the manufacturing process disclosed by the instant specification using an Al alloy having the same composition as claimed Al alloy composition, one of ordinary skill in the art would have expected that the Mg solid contents of the Al alloy sheet made by the process of WO385 to be significant similar to the claimed Mg solid contents, when calculated using the specific resistance difference as described in the instant claims, which renders the claimed Al alloy sheet prima facie obvious.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Kobayashi et al. US 2020/0010942 teaches an Al alloy sheet having similar composition as claimed, and is manufactured by a process comprising homogenization, hot rolling and cold rolling steps wherein the hot rolling and cold rolling conditions are different from the process conditions described by the instant specification.
Kudo et al. US 2021/0324501 teaches an Al alloy sheet having similar composition as claimed, and is manufactured by a process comprising homogenization, hot and cold rolling steps, but produces an Al alloy sheet with lower tensile strength.
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.
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LOIS ZHENG
Primary Examiner
Art Unit 1733
/LOIS L ZHENG/ Primary Examiner, Art Unit 1733
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