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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 06/03/2026 has been entered.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1-2, 4-8 and 16-21 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
In reference to claim 1, the claim has been amended to recite “the layer of Al sheet material, the Al and Si of the aluminum alloy, and the Cu of the MPD layer form a liquid metal Al-Cu-Si ternary eutectic at brazing temperatures above 525ºC to braze together the layer of Al sheet material, the aluminum alloy, and the MPD” in lines 8-11. While the originally filed disclosure provides support for at brazing temperatures above 525ºC, the MPD layer may diffuse into the clad layer between the MPD layer and the Al layer and from liquid metal Al-Cu-Si ternary eutectic in-situ, which acts as a brazing filler metal during brazing at [0020]. There is no support for the Al sheet material, the aluminum alloy and the MPD layer for a liquid metal Al-Cu-Si ternary eutectic at brazing temperatures above 525ºC, as presently claimed.
It is suggested to amend “the layer of Al sheet material, the Al and Si of the aluminum alloy, and the Cu of the MPD layer” to “the aluminum alloy and the MPD layer”, in order to ensure no new matter is added to the claims.
Regarding dependent claims 2 and 4-8, these claims do not remedy the deficiencies of parent claim 1 noted above, and are rejected for the same rationale.
In reference to claim 6, the claim has been amended to recite “Ni of the BP portion of the BPVM layer combines with the layer of Al sheet material, the Al and Si of the aluminum alloy, and the Cu of the MPD layer from a quaternary Al-Cu-Si-Ni eutectic liquid at brazing temperatures above 520ºC” in lines 2-5. While the originally filed disclosure provides support for at brazing temperatures above 525ºC, the MPD layer diffuses into the clad layer to form liquid metal Al-Cu-Si ternary eutectic in-situ and the BP layer may further depress the solidus of the clad to 520ºC due to the formation of quaternary Al-Cu-Si-Ni eutectic liquid at [0020]-[0021]. There is no support for the Ni of the BP layer, the Al sheet material the Al and Si of the aluminum alloy, and the Cu of the MPD layer form a quaternary Al-Cu-Si-Ni eutectic, as presently claimed.
It is suggested to amend “the Ni of the BP portion of the BPVM layer combines with the layer of Al sheet material, the Al and Si of the aluminum alloy, and the Cu of the MPD layer” to “the BP portion, the aluminum alloy and the MPD layer”, in order to ensure no new matter is added to the claims.
In reference to claim 16, the claim has been amended to recite “the Al of the core layer, the Si of the cladded side, and the Cu of the MPD layer form a liquid metal Al-Cu-Si ternary eutectic at brazing temperatures above 525ºC to braze together the core layer, the cladded side, and the MPD layer” in lines 7-10. While the originally filed disclosure provides support for at brazing temperatures above 525ºC, the MPD layer may diffuse into the clad layer between the MPD layer and the Al layer and from liquid metal Al-Cu-Si ternary eutectic in-situ, which acts as a brazing filler metal during brazing at [0020]. There is no support for the Al of the core layer, the Si of the cladded side and the Cu of the MPD layer for a liquid metal Al-Cu-Si ternary eutectic at brazing temperatures above 525ºC, as presently claimed.
It is suggested to amend “the Al of the core layer, the Si of the cladded side, and the Cu of the MPD layer” to “the cladded side and the MPD layer”, in order to ensure no new matter is added to the claims.
Regarding dependent claims 17-21, these claims do not remedy the deficiencies of parent claim 16 noted above, and are rejected for the same rationale.
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 19 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.
In reference to claim 19, the limitation “the BP layer and the VM layer are combine and integrally arranged in a single BPVM layer” is recited in lines 1-2. It is unclear what is meant by “combine and integrally arranged” or how the BP layer and the VM layer must be modified to be considered “combined and integrally arranged” in a single layer. For example, would two individual layers laminated together and in direct contact with each other be considered combined and integrally arranged in a single layer, do the two layers need to diffuse into each other forming a singular layer to be combined and integrally arranged or would a layer including BP materials and VM materials be considered combined and integrally arranged in a single layer. Further, it is unclear how the BP layer can be in face-sharing contact with the MPD layer as required in claim 16, on which claim 19 depends, and be combine and integrally arranged into a single new layer. For the purpose of compact prosecution, the limitation will be interpreted as a BPVM layer includes both the BP layer and the VM layer. However, clarification is requested.
Claim Rejections - 35 USC § 103
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.
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 1-2 and 4-8 are rejected under 35 U.S.C. 103 as being unpatentable over Wittebrood et al. (US 2003/0064242) (Wittebrood) taken in view of evidence by Dockus et al. (US 2006/0027625) (Dockus‘265).
In reference to claims 1, 4-5 and 7, Wittebrood teaches an aluminum brazing sheet product ([0017]) (corresponding to a system). The brazing sheet includes an aluminum core sheet and on an outer surface of the core sheet on both sides there is provided an aluminum clad layer of an aluminum alloy comprising silicon as the main alloying element ([0048]) (corresponding to a processed braze sheet (PBS) comprising at least a layer of aluminum (Al) sheet material cladded on a first surface with an aluminum alloy; the layer of Al sheet material is cladded on a second surface with the aluminum alloy). The aluminum clad layer being made of the aluminum alloy comprising silicon is an AA4000-series alloy ([0017]) (corresponding to the aluminum alloy is a Al4000-series comprising an alloy of Al and silicon (Si)).
The aluminum joining product includes a metal layer comprising nickel on the outer surface of the aluminum clad layer and on the layer comprising nickel is a further layer comprising a metal such that taken together the aluminum clad layer and all layers exterior thereto form a metal filler ([0048]). The further layer comprising a copper based metal ([0047]). Copper reduces the liquidus temperature of the metal filler ([0021]) (corresponding to a melting point depressant (MPD) layer comprising copper (Cu)).
The metal layer comprising nickel further comprises bismuth as an alloying element ([0023]). As evidence by Dockus‘265, nickel based layers are braze-promoting layers and bismuth acts as a wetting agent which enhances the wetting and spreading characteristics of the filler metal ([0039]; [0044]). Therefore, it is clear the metal layer comprising the Ni-Bi alloy is a braze promoting viscosity modifying layer (corresponding to a braze promoting viscosity modifying (BPVM) layer in face-sharing contact with the MPD layer). The nickel in the Ni-Bi alloy is the braze promoting portion and the bismuth is the viscosity modifying portion of the metal layer (corresponding to the BPVM layer comprises a braze promoting (BP) portion comprising one or more of nickel (Ni); the BPVM layer comprises a viscosity modifying (VM) portion comprising one or more of bismuth (Bi); the VM portion is integrally arranged in the BP portion of the BPVM).
Wittebrood teaches the aluminum joining product includes the layer comprising nickel directly on the aluminum clad layer and the copper based further layer directly on the layer comprising nickel (i.e., aluminum alloy/BPVM layer/MPD layer) ([0048]; FIG. 3B). Wittebrood further teaches the sequence of the layer comprising nickel and the copper base further layer may be changed ([0078]).
In light of the disclosure of Wittebrood, it would have been obvious to one of ordinary skill in the art before the effective filing date of the presently claimed invention to have the aluminum joining product change the sequence of the layer comprising nickel and the copper based further layer, such that the joining structure has the following structure core sheet/aluminum clad layer/copper base further layer/layer comprising nickel, because the structure is both taught by Wittebrood and encompassed within the scope of the present claims and thereby arrive at the claimed invention.
Given that the joining product of Wittebrood is substantially identical to the present claimed system in composition and structure, the aluminum core sheet, aluminum clad layer and further metal layer comprising copper of Wittebrood would inherently from a liquid metal Al-Cu-Si ternary eutectic at brazing temperatures above 525ºC to braze together the core sheet, aluminum clad layer and the further metal layer without coatings between the aluminum alloy and the further metal layer.
Where the claimed and prior art products are identical or substantially identical in structure or composition, or are produced by identical or substantially identical processes, a prima facie case of either anticipation or obviousness has been established. In re Best, 562 F.2d 1252, 1255, 195 USPQ 430, 433 (CCPA 1977). See MPEP 2112.01 (I).
In reference to claim 2, Wittebrood teaches the limitations of claim 1, as discussed above. The core sheet is an aluminum alloy core sheet ([0017]; [0048]). The aluminum alloy is selected from the group consisting of AA3000 and AA6000-series aluminum alloys (claim 11; [0010]) (corresponding to the layer of the Al sheet material is Al3000 or Al6000).
Wittebrood teaches the outer surface of the core sheet on both sides is provided with the aluminum clad layer of the aluminum alloy ([0048]) (corresponding to the layer of Al sheet material is cladded on a second surface with the aluminum alloy). The outer surface of the aluminum clad layer has a metal layer comprising nickel thereon and a further layer comprising a copper based metal on the metal layer comprising nickel ([0048]). The sequence of the metal layer comprising nickel and the further layer comprising the copper based metal may be changed ([0048]).
In light of the disclosure of Wittebrood, it would have been obvious to one of ordinary skill in the art before the effective filing date of the presently claimed invention to have the aluminum joining product change the sequence of the layer comprising nickel and the copper based further layer, such that the joining structure has the following structure layer comprising nickel/copper based further layer/aluminum clad layer/core sheet/aluminum clad layer/copper base further layer/layer comprising nickel, because the structure is both taught by Wittebrood and encompassed within the scope of the present claims and thereby arrive at the claimed invention.
In reference to claim 6, Wittebrood teaches the limitations of claim 5, as discussed above. Given that the joining product of Wittebrood is substantially identical to the present claimed system in composition and structure, the nickel in the nickel layer comprising nickel combines with the aluminum core sheet, aluminum clad layer and further metal layer comprising copper of Wittebrood would inherently from a quaternary Al-Cu-Si-Ni eutectic liquid at brazing temperatures above 520ºC to braze together the core sheet, aluminum clad layer, the further metal layer and the layer comprising nickel.
Where the claimed and prior art products are identical or substantially identical in structure or composition, or are produced by identical or substantially identical processes, a prima facie case of either anticipation or obviousness has been established. In re Best, 562 F.2d 1252, 1255, 195 USPQ 430, 433 (CCPA 1977). See MPEP 2112.01 (I).
In reference to claim 8, Wittebrood teaches the limitations of claim 1, as discussed above. Wittebrood teaches the outer surface of the core sheet on both sides is provided with the aluminum clad layer of the aluminum alloy ([0048]) (corresponding to the PBS is cladded on a second surface with a second aluminum alloy). The outer surface of the aluminum clad layer has a metal layer comprising nickel thereon ([0048]) (corresponding to a second BPVM layer in face-sharing contact with the second aluminum alloy).
Claims 1-2, 4-7 and 16-21 are rejected under 35 U.S.C. 103 as being unpatentable over Dockus et al. (US 2004/0035911) (Dockus).
In reference to claims 1, 4-5 and 7, Dockus teaches a brazing sheet product comprising a core sheet, a clad layer on said core sheet made of an aluminum alloy containing silicon and a layer comprising nickel on the outer surface of said clad layer ([0019]; [0231]) (corresponding to a system, comprising: a processed braze sheet (PBS) comprising at least a layer of aluminum (Al) sheet material cladded on a first surface with an aluminum alloy; and a braze promoting viscosity modifying layer (BPVM) layer). The cladding layer is an AA4000-series alloy containing silicon ([0019]; [0127]) (corresponding to the aluminum alloy is a Al4000-series comprising an alloy of Al and silicon (Si)).
The layer comprising nickel is a braze-promoting layer, wherein the braze-promoting layer is a nickel-based braze-promoting layer including lead or bismuth ([0156]) (corresponding to the BPVM layer comprises a braze promoting (BP) portion comprising one or more of nickel (Ni); the BPVM layer comprises a viscosity modifying (VM) portion comprising one or more of bismuth (Bi), lead (Pb); the VM portion is integrally arranged in the BP portion of the BPVM).
Dockus further teaches a separately deposited metal applied underneath the braze-promoting layer, between the braze-promoting layer and the substrate where the brazing product does not include a bonding layer ([0265]). The separately deposited metal layer comprises copper, which reduces the liquidus temperature of the resultant metal filler ([0266]; [0267]) (corresponding to a melting point depressant (MPD) layer comprising copper (Cu) in face-sharing contact with the aluminum alloy; the BPVM layer in face-sharing contact with the MPD layer).
Given that Dockus teaches a layered system that overlaps the presently claimed system, including a separately deposited copper metal layer underneath the braze-promoting layer and between the braze-promoting layer and the substrate where the brazing product does not include a bonding layer, it therefore would be obvious to one of ordinary skill in the art before the effective filing date of the presently claimed invention, to have the copper metal layer overlay the clad layer of the substrate and underlay the braze promoting layer, which is both disclosed by Dockus and encompassed within the scope of the present claims and thereby arrive at the claimed invention.
Given that the brazing sheet of Dockus is substantially identical to the present claimed system in composition and structure, the core sheet, cladding layer and separately deposited copper metal layer of Dockus would inherently from a liquid metal Al-Cu-Si ternary eutectic at brazing temperatures above 525ºC to braze together the core sheet, cladding layer and the separately deposited copper metal layer without coatings between the cladding layer and the copper metal layer.
Where the claimed and prior art products are identical or substantially identical in structure or composition, or are produced by identical or substantially identical processes, a prima facie case of either anticipation or obviousness has been established. In re Best, 562 F.2d 1252, 1255, 195 USPQ 430, 433 (CCPA 1977). See MPEP 2112.01 (I).
In reference to claim 2, Dockus further teaches the core sheet is an aluminum alloy such as AA3000-series alloys or AA6000-series alloys ([0093]) (corresponding to the layer of Al sheet material is Al3000 or Al6000). Dockus further teaches the core is clad on both sides with the cladding layer and a nickel-based braze promoting layer applied on top of the cladding layer ([0086]) (corresponding to the layer of Al sheet material is cladded on a second surface with the aluminum alloy). A separately deposited meta may be applied underneath the braze-promoting layer, between the braze-promoting layer and the substrate where the brazing product does not include a bonding layer ([0265]). The separately deposited metal layer comprises copper ([0266]; [0267]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the presently claimed invention to include a metal layer comprising copper on each of the cladding layers underneath the braze-promoting layer, in order to significantly reduce the liquidus temperature of the resultant metal filler, and thereby arriving at the presently claimed invention.
In reference to claim 6, Dockus teaches the limitations of claim 5, as discussed above. Given that the brazing sheet of Dockus is substantially identical to the present claimed system in composition and structure, the Ni in the braze-promoting layer of Dockus would inherently combine with the core sheet, cladding layer and separately deposited copper metal layer to from a quaternary Al-Cu-Si-Ni eutectic liquid at brazing temperatures above 520ºC to braze together the core sheet, cladding layer, the separately deposited copper metal layer and the braze-promoting layer.
Where the claimed and prior art products are identical or substantially identical in structure or composition, or are produced by identical or substantially identical processes, a prima facie case of either anticipation or obviousness has been established. In re Best, 562 F.2d 1252, 1255, 195 USPQ 430, 433 (CCPA 1977). See MPEP 2112.01 (I).
In reference to claims 16-21, Dockus teaches a brazing sheet for use in a heat exchanger ([0231]) (corresponding to a system, comprising: a processed braze sheet (PBS) configured for use by a heat exchanger). The brazing sheet product comprising a core sheet, a clad layer on both sides of said core sheet, the cladding layer made of an aluminum alloy containing silicon and a layer comprising nickel on the outer surface of said clad layer ([0019]; [0086]; [0231]) (corresponding to the PBS comprising a core layer; a cladded side of the core layer, wherein the cladded side comprises an Al alloy including silicon (Si)the core layer is cladded on both sides). The core layer comprises aluminum ([0091]-[0093]) (corresponding to a core layer comprising aluminum (Al)).
The layer comprising nickel is a braze-promoting layer and is a duplex layer. The duplex layer includes an inner layer including nickel and lead or nickel and bismuth and an outer-layer including nickel. The inner layer provides a desirable wetting agent, with nickel; and the outer layer provides the desirable braze-promoting metal. Indeed, the “inner” and “outer” layers may preferably be reversed, such that the wetting agent is coated last, for example to avoid the potential for cross-contamination ([0223]) (corresponding to the BP layer comprises one or more of nickel (Ni); the VM layer comprises one or more of bismuth (Bi), lead (Pb); the BP layer and the VM layer are combined and integrally arranged in a single BPVM layer).
In light of the disclosure by Dockus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the presently claimed invention to have the braze-promoting layer be a duplex layer with an inner layer include nickel and an outer layer include nickel and lead or nickel and bismuth, in order to provide desirable wetting agents with nickel and avoid the potential for cross-contamination, and thereby arriving at the presently claimed invention.
Dockus further teaches a separately deposited metal applied underneath the braze-promoting layer, between the braze-promoting layer and the substrate where the brazing product does not include a bonding layer ([0265]). The separately deposited metal layer comprises copper, which reduces the liquidus temperature of the resultant metal filler ([0266]; [0267]). Thus, it is clear the brazing sheet of Dockus includes an aluminum core, clad on both sides with and aluminum alloy cladding layer comprising silicon, the copper metal layer on the cladding layers, the nickel layer on the copper layers and the nickel and lead or nickel and bismuth layer on the nickel layer (corresponding to a melting point depressant (MPD) layer comprising copper (Cu) in face-sharing contact with a cladded side of the core layer; a braze promoting (BP) layer in face-sharing contact with the MPD layer, and a viscosity modifying (VM) layer; the VM layer is in face-sharing contact with the BP layer, opposite the MPD layer).
Given that the brazing sheet of Dockus is substantially identical to the present claimed system in composition and structure, the core sheet, cladding layer and separately deposited copper metal layer of Dockus would inherently from a liquid metal Al-Cu-Si ternary eutectic at brazing temperatures above 525ºC to braze together the core sheet, cladding layer and the separately deposited copper metal layer without coatings between the cladding layer and the copper metal layer.
Where the claimed and prior art products are identical or substantially identical in structure or composition, or are produced by identical or substantially identical processes, a prima facie case of either anticipation or obviousness has been established. In re Best, 562 F.2d 1252, 1255, 195 USPQ 430, 433 (CCPA 1977). See MPEP 2112.01 (I).
Claim 16-21 are rejected under 35 U.S.C. 103 as being unpatentable over Wittebrood in view of Dockus.
In reference to claims 16-21, Wittebrood teaches an aluminum brazing sheet product ([0017]) (corresponding to a system). The brazing sheet includes an aluminum core sheet and on an outer of the core sheet on both sides there is provided an aluminum clad layer of an aluminum alloy comprising silicon ([0048]) (corresponding to a processed braze sheet (PBS); the PBS comprising a core layer comprising aluminum (Al);a cladded side of the core layer, wherein the cladded side comprises an Al alloy including silicon (Si); the core layer is cladded on both sides).
A metal layer 8 comprising nickel and a further layer 7 comprising a metal are provided on the aluminum clad layer ([0048]). The sequence of the layers 7 and 8 may be changed ([0048]). The further layer 7 comprising a metal is a copper based metal ([0048]; [0047]; [0020]). Copper is a melting point depressant ([0022]) (corresponding to a melting point depressant (MPD) layer comprising copper (Cu) in face-sharing contact with a cladded side of the core layer; a braze promoting (BP) layer in face-sharing contact with the MPD layer; the BP layer comprises one or more of nickel (Ni); the MPD layer is in face-sharing contact with both cladded sides).
In light of the disclosure of Wittebrood, it would have been obvious to one of ordinary skill in the art before the effective filing date of the presently claimed invention to have the aluminum joining product change the sequence of the layer comprising nickel and the copper based further layer, such that the joining structure has the following structure on both sides of the core sheet core being aluminum clad layer/copper base further layer/layer comprising nickel, because the structure is both taught by Wittebrood and encompassed within the scope of the present claims and thereby arrive at the claimed invention.
Given that the joining product of Wittebrood is substantially identical to the present claimed system in composition and structure, the aluminum core sheet, aluminum clad layer and further metal layer comprising copper of Wittebrood would inherently from a liquid metal Al-Cu-Si ternary eutectic at brazing temperatures above 525ºC to braze together the core sheet, aluminum clad layer and the further metal layer without coatings between the aluminum alloy and the further metal layer.
Where the claimed and prior art products are identical or substantially identical in structure or composition, or are produced by identical or substantially identical processes, a prima facie case of either anticipation or obviousness has been established. In re Best, 562 F.2d 1252, 1255, 195 USPQ 430, 433 (CCPA 1977). See MPEP 2112.01 (I).
Wittebrood does not explicitly teach the joining product includes a viscosity modifying layer, as presently claimed.
Dockus teaches a brazing product such as a brazing sheet for use in a heat exchanger ([0231]). The brazing sheet includes an aluminum core layer, aluminum alloy cladding layers on the outer surface of both sides of the core layer and a nickel-based braze-promoting layer ([0086]; [0090]-[0093]; [0096]-[0097]; [0127]; [0155]).
Dockus further teaches the braze-promoting layer is a duplex layer comprising an inner layer including nickel and lead or nickel and bismuth and an outer layer including nickel ([0223]) (corresponding to a braze promoting (BP) layer; a viscosity modifying (VM) layer; the BP layer comprises one or more of nickel (Ni); the VM layer comprises one or more of bismuth (Bi), lead (Pd); the BP layer and the VM layer are combined and integrally arranged in a single BPVM layer). The inner layer provides desirable wetting agent, with nickel; and the outer layer provides the desirable braze-promoting metal, nickel ([0223]). The “inner” and “outer” layers may be reversed, such that the wetting agent is coated last to avoid the potential for cross-contamination ([0223]).
In light of the motivation of Dockus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the presently claimed invention to have the layer comprising nickel of Wittebrood be a duplex layer including an inner layer of nickel and an outer layer of nickel and lead or nickel and bismuth, in order to provide a desirable wetting agent and braze promoting metal while avoiding avoid the potential for cross-contamination, and thereby arriving at the presently claimed invention (corresponding to the VM layer is in face-sharing contact with the BP layer, opposite the MPD layer).
Response to Arguments
In response to cancelled claim 3 and amended claim 18, the previous Claim Objections of record are withdrawn.
In response to amended claims 6 and 17-18, the previous 35 USC 112(b) rejections of record are withdrawn. However, upon further consideration of claim 19, a new 35 USC 112(b) rejection is set forth above.
Upon further consideration, the 35 USC 102(a)(1) rejection over Dockus et al. (US 2006/0027625) and Wittebrood are withdraw. Specifically, Dockus teaches a temperature modifier layer must include zinc ([0038]; [0042];claim 1). Therefore, the brazing product would not necessarily form a liquid metal Al-Cu-Si ternary eutectic at brazing temperatures above 525ºC, as presently claimed. However, the amendment necessitates a new set of rejections, as set forth above.
Applicant primarily argues:
“Wittebrood fails to teach or suggest a melting point depressant (MPD) layer comprising copper (Cu) in face-sharing contact with the aluminum alloy, and a braze promoting viscosity modifying (BPVM) layer in face-sharing contact with the MPD layer.”
Remarks, p. 9
“Although Wittebrood discloses an aluminum joining product having an AA 4000-series Al-Si base substrate with a deposited nickel layer and a further separately deposited copper layer, the copper layer in Wittebrood is deposited on the outer surface of the nickel layer, not in face-sharing contact with the Al-Si cladding. See Wittebrood at paragraphs [0047] and [0048]. Wittebrood thus does not teach a Cu MPD layer in face-sharing contact with the aluminum alloy cladding as required by amended claim 16. Wittebrood does not identify, name, or rely upon an Al-Cu-Si ternary eutectic as the operative brazing mechanism, and does not teach or suggest that such a eutectic forms at brazing temperatures above 525ºC.”
Remarks, p. 11
The examiner respectfully traverses as follows:
Wittebrood teaches an aluminum joining product including an aluminum core sheet, a clad layer of aluminum alloy comprising silicon on the outer surface of the core sheet on both sides ([0048]). A metal layer comprising nickel on the outer surface of the aluminum clad layer and a further layer comprising metal such as copper on the metal layer ([0048]; [0047]).
Wittebrood further teaches the sequence of the metal layer comprising nickel and the further layer comprising nickel may be changed ([0048]). Therefore, while FIG. 3B shows the metal layer comprising nickel 8 in face-sharing contact with the aluminum alloy layer 6, in light of the disclosure of Wittebrood in [0048], it would have been obvious to one of ordinary skill in the art to change the sequence of the nickel containing layer 8 and the copper containing layer 7, such that the copper containing layer 7 is in face-sharing contact with the aluminum alloy layer 6, because such an embodiment is both disclosed by Wittebrood and encompassed within the scope of the present claims and thereby arrive at the claimed invention.
As discussed above, Wittebrood explicitly teaches “the sequence of the layers 7 and 8 may be changed” at [0048]. Therefore, Wittebrood teaches a aluminum joining product having the following laminated structure metal layer comprising nickel/further metal layer comprising Cu/aluminum clad layer of an aluminum alloy comprising silicon/aluminum core sheet/ aluminum clad layer of an aluminum alloy comprising silicon/further metal layer comprising Cu/metal layer comprising nickel. Thus, the aluminum clad layer is in face sharing contact with the metal layer comprising Cu. Wittebrood further teaches the aluminum clad layer and all layers exterior thereto form a metal filler ([0048]).
Absent evidence to the contrary, given that the joining product of Wittebrood is substantially identical to the present claimed system in composition and structure, the aluminum core sheet, aluminum clad layer and further metal layer comprising copper would inherently from a liquid metal Al-Cu-Si ternary eutectic at brazing temperatures above 525ºC to braze together the core sheet, aluminum clad layer and the further metal layer without coatings between the aluminum alloy and the further metal layer.
Where the claimed and prior art products are identical or substantially identical in structure or composition, or are produced by identical or substantially identical processes, a prima facie case of either anticipation or obviousness has been established. In re Best, 562 F.2d 1252, 1255, 195 USPQ 430, 433 (CCPA 1977). See MPEP 2112.01 (I).
Therefore, Applicant's arguments filed 06/03/2026 have been fully considered but they are not persuasive.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Mary I Omori whose telephone number is (571)270-1203. The examiner can normally be reached M-F 8am-4pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Humera Sheikh can be reached at (571) 272-0604. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MARY I OMORI/Primary Examiner, Art Unit 1784
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