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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 1/20/2026 has been entered.
Response to Arguments
Applicant’s arguments, see Remarks, filed 1/20/2026, with respect to the 35 U.S.C. 103 rejection over Maeda (JP H10-298686) have been fully considered but are not persuasive. Applicant presents the following arguments:
A) The prior art genus (0-1% Cu) taught by Kilmer is not sufficient to support a prima facie case of obviousness rejection of the claimed species (0.3%-0.6%). This argument is not persuasive. A prior art reference that discloses a range encompassing a somewhat narrower claimed range is sufficient to establish a prima facie case of obviousness. See MPEP 2144.05 I. This is the case here. Applicant’s argument that the obviousness of the claimed range should be given a species-genus analysis is not persuasive. When the prior art encompasses “a very large number of possible distinct compositions”, an obviousness of species analysis may be appropriate. See MPEP 2144.05 I. However, there is no indication that one of ordinary skill in the art would consider a range of 0-1% to be “very broad” compared to the claimed range of 0.3%-0.6%, nor has Applicant introduced any evidence that the aluminum alloys represented by 0-1% Cu represent “a very large number of possible distinct compositions”. Accordingly, using an obviousness of species analysis does not appear to be warranted for this case of overlapping ranges.
B) The examples in Kilmer lie outside the claimed range of 0.3%-0.6% Cu. This argument is not persuasive. A reference may be relied upon for all that it would have reasonably suggested to one having ordinary skill in the art, including nonpreferred embodiments. See MPEP 2123. Applicant’s reliance on the preferred disclosure of Kilmer does not establish that Kilmer fails to teach or suggest the claimed range.
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claims 1, 3 and 5-20 are rejected under 35 U.S.C. 103 as being unpatentable over Maeda et al. (JP H10-298686) in view of Kilmer.
Regarding claims 1, 3 and 9-10, Maeda teaches a multilayer aluminum alloy brazing sheet (¶ 1). The brazing sheet comprises a core material and an intermediate material on one or both sides of the core material (¶ 9). An Al-Si brazing filler metal is then formed on one or both sides (¶ 9), which corresponds to a 4XXX series aluminum alloy. Maeda teaches the recrystallization temperature of the core material is lower than the recrystallization of the intermediate material (¶ 30). The intermediate material has the following composition, as compared to the claimed composition, wt%:
Claim 1
Claim 4
Maeda, ¶ 10
Si
0.01%-0.2%
0.02%-0.1%
0%-1%
Cu
0.3%-0.6%
0.3%-0.6%
-
Mn
0.8%-1.9%
1.75%-1.9%
0.4%-2.0%
Cr
0%-0.2%
0.1%-0.2%
0%-0.3%
Zr
0%-0.15%
0%-0.15%
0%-0.3%
Fe
0%-0.4%
0.05%-0.4%
0%-0.5%
Zn
0%-3%
0%-1%
0%-5%
Mg
0%-0.2%
0.01%-0.1%
0%-1.5%
Ti
0%-0.3%
0%-0.3%
0%-0.3%
V
0%-0.1%
0%-0.1%
-
Bi
0%-0.5%
0%-0.5%
-
Al
Balance
Balance
Balance
The sum of wt% for Mn, Cr, Ti, Zr, and V in Maeda ranges from 0.4%-2.9% (¶ 10). With the exception of Cu, the composition of Maeda overlaps the claimed composition, creating a prima facie case of obviousness. See MPEP 2144.05 I. Maeda does not expressly teach the claimed Cu content.
Kilmer discloses an aluminum brazing sheet comprising an interliner having a similar composition to that of Maeda (¶¶ 33-34). Kilmer teaches including 0-1% Cu to the interliner to establish the appropriate electrochemical potential and potential difference between the core and interliner (¶ 34). It would have been obvious at the effective time of filing for the claimed invention for one of ordinary skill in the art to include Cu in the amount taught by Kilmer to the intermediate layer composition of Maeda in order to better establish the desired electrochemical properties of the brazing sheet. This overlaps the claimed range, creating a prima facie case of obviousness. See MPEP 2144.05 I.
Regarding claim 5, Maeda teaches the recrystallization temperature of the core material is lower than the recrystallization of the intermediate material (¶ 30), and the core material is recrystallized (¶ 13). Hence, the core is at least partially recrystallized. Since the recrystallization temperature of the core is lower than the recrystallization of the intermediate material, one of ordinary skill in the art would expect the intermediate material to be unrecrystallized when the core is crystallized.
Regarding claim 6, the sum of wt% for Mn, Cr, and V in the interlayer of Maeda ranges from 0.4%-2.3% (¶ 10). The sum of wt% for Mn, Cr, and V in the core of Maeda ranges from 0.4%-2.0% (¶ 10). In addition, the core of Maeda does not contain Cr or V (¶ 10). For a range of values, the interlayer of Maeda contains more Mn, Cr, and V than the core of Maeda, creating a prima facie case of obviousness due to overlapping ranges. See MPEP 2144.05 I.
Regarding claim 7, the sheets in Maeda are clad rolled (¶ 8), hence they are bonded together.
Regarding claim 8, the core of Maeda has the following composition, as compared to the claimed composition:
Claim 8
Maeda, ¶ 10
Si
0%-1.2%
0%-1%
Cu
0%-1.0%
0.1%-0.7%
Mn
0%-2%
0.4%-2.0%
Cr
0%-0.3%
-
Zr
0%-0.25%
-
Fe
0%-0.8%
0%-1%
Zn
0%-3%
-
Mg
0%-1.5%
0%-0.6%
Ti
0%-0.25%
0%-0.3%
Bi
0%-0.5%
-
Al
Balance
Balance
This composition overlaps the claimed composition, creating a prima facie case of obviousness. See MPEP 2144.05 I.
Regarding claim 11, Maeda discloses vacuum brazing (¶ 29).
Regarding claim 12, Maeda teaches an exemplary brazing filler layer having the following composition, as compared to the claimed composition:
Claim 12
Maeda, ¶ 35
Si
5%-15%
10%
Cu
0%-2.0%
-
Mn
0%-1.0%
-
Fe
0%-1.0%
-
Zn
0%-3.0%
-
Mg
0%-2.0%
1.5%
Ti
0%-0.2%
-
Bi
0%-0.3%
0.1%
Al
Balance
Balance
Regarding claim 13, Maeda teaches the thickness of the intermediate layer is up to one half the thickness of the core (¶ 10), and the thickness of the brazing filler is 15% (¶ 35). According to these teachings, the brazing sheet of Maeda will have thicknesses for each layer which overlap the claimed thicknesses, creating a prima facie case of obviousness. See MPEP 2144.05 I.
Regarding claim 14, Maeda teaches the core is homogenized (¶ 32).
Regarding claims 15 and 16, Maeda teaches the core is homogenized (¶ 32). Maeda also teaches the intermediate material is subjected to hot rolling before clad rolling with the core and braze filler to form a braze sheet (¶ 12).
Regarding claim 17, Maeda teaches the brazing sheet is used to make the fluid passage material of a heat exchanger (¶ 8).
Regarding claims 18-20, Maeda teaches a conventional heat exchanger production process of brazing aluminum alloy fins between core plates formed of the aluminum alloy brazing sheet (¶¶ 2-3). Maeda also teaches vacuum brazing is used (¶ 4).
Conclusion
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/XIAOBEI WANG/Primary Examiner, Art Unit 1784