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 .
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 7 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 7 mentions “JIS 6000-series aluminum alloy” which renders the claim indefinite.
The standard applicant is referring to was unable to be located by the examiner. It is unclear the alloys included in “JIS 6000-series aluminum alloy”. For the purposes of this office action, JIS 6000 is held to be analogous to AA6000 alloys. Appropriate correction/explanation is required.
Claim Rejections - 35 USC § 102
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.
(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.
Claim 7 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by JP 2003-247040A (JP’040).
JP’040 teaches a method for producing an aluminum alloy sheet of the Al-Mg-Si/6000 series type (which appears to meet the instant “JIS 6000 series aluminum alloy”, see 112(b) rejection above). JP’040 teaches said alloy sheet is intended for forming (abstract, translation p 1, etc.), and said sheet is produced by steps including 0.5-5% skinpass rolling after aging (abstract, translation p 8), which meets the claimed processing condition of “at least one of” (2b), and overlaps the claimed range of 1.0-10.0% skin pass reduction “with sufficient specificity” (see MPEP 2131.03). Therefore it is held that JP’040 anticipates the instant claim.
Conclusion
The reference made of record, JP2011-132592A, is considered to be analogous art. However, said reference is held to be no more analogous to the instant invention than the applied prior art (see rejections above).
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/J.C.M/Examiner, Art Unit 1733 7/29/26
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