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 .
DETAILED ACTION
This application is a DIV of 17/084,582 10/29/2020 PAT 11986904, 17/084,582 has PRO 62/927,884 10/30/2019.
Status of claims
Claims 1-19 remain for examination, wherein claim 1 is an independent claim.
Claim Objections
Claims 6 and 14 are objected to because of the following informalities: the limitation of “10nm to 100nm” is suggested to be amended as 10_nm to 100_nm”. Appropriate correction is required.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(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(s) 1 is/are rejected under 35 U.S.C. 102 (a)(1) as being anticipated by Karabin et al (US-PG-Pub 2019/0309402 A1, Thereafter PG’402).
Regarding claim 1, PG’402 teaches an aluminum alloy and product for additive manufacturing (abstract, claims, and examples of PG’402), which reads on the alloy Al based alloy for additive manufacturing as claimed in the instant claim. PG’402 specify Al-Ce-Ni alloy with Al3Ni intermetallic phase (par.[0026] and claim 20 of PG’402), which reads on the claimed alloy composition and intermetallic phase as claimed in the instant claim. Since PG’402 teaches all of the limitation as claimed in the instant claim, claim 1 is anticipated by PG’402.
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 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.
Claim(s) 6-11, 14-15, 17, and 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over PG’402.
Regarding claims 6 and 14, PG’402 teaches a eutectic-type microstructure, generally having cellular, lamellar, and/or wavy structures within individual grains (Fig.2 and par.[0009]-[0011] of PG’402), which reads on the alloy (cl.1) and object (cl.14) with Al based matrix phase and intermetallic phase as claimed in the instant claims. PG’402 indicates a eutectic-type structure comprises cellular structures having a cell size of generally less than 1 micron, and/or a spacing of less than 1 micron between lamellar structures and/or wavy structures. (par.[0009] of PG’402), which overlaps the claimed isolated feature length and thickness of lattice-like structure in the instant claims. Overlapping in the dimensions of the isolated feature length and thickness of lattice-like structure creates a prima facie case of obviousness. MPEP 2144 05 I. It would have been obvious to one of ordinary skill in the art at the time the invention was made to optimize the dimensions of the isolated feature length and thickness of lattice-like structure from the disclosure of PG’402 as claimed since PG’402 teaches the same Al-Ce-Ni alloy with Al3Ni intermetallic phase for additive manufacturing as claimed throughout whole disclosing range.
Regarding claims 7-11, PG’402 indicates that the aluminum, cerium, and nickel contents are controlled such that the alloy contains 0.5 to 21.0 wt. % Ce, 0.5 to 17.0 wt. % Ni, the balance being aluminum, optional additions, and unavoidable impurities, (par.[0026] of PG’402), which overlap the claimed Ce ranges (cl.7-8, and 11), Ni ranges (cl.9-11). Overlapping in Ce and Ni ranges creates a prima facie case of obviousness. MPEP 2144 05 I. It would have been obvious to one of ordinary skill in the art at the time the invention was made to optimize the amount of Ce and Ni from the disclosure of PG’402 as claimed since PG’402 teaches the same Al-Ce-Ni alloy with Al3Ni intermetallic phase for additive manufacturing as claimed throughout whole disclosing range.
Regarding claims 15 and 19, PG’402 specify Al-Ce-Ni alloy with Al3Ni intermetallic phase (par.[0026] and claim 20 of PG’402), which reads on the claimed limitations as claimed in the instant claims.
Claims 2-5, 12-13, and 16-18 is/are rejected under 35 U.S.C. 103 as being unpatentable over PG’402 in view of Chehab (WO2019/155180 A1, listed in IDS filed on 4/11/2024, corresponding to US-PG-pub 2021/0276099 A1, listed in IDS filed on 4/11/2024, thereafter PG’099).
Regarding claims 2-5, 12-13, and 17-18, PG’402 teaches an aluminum alloy and product with Al-Ce-Ni alloy with Al3Ni intermetallic phase (par.[0026] and claim 20 of PG’402) for additive manufacturing (abstract, claims, and examples of PG’402), PG’402 specify including optional additions, and unavoidable impurities in the Al-Ce-Ni alloy (par.[0026] of PG’402). But PG’402 does not specify the claimed specific additional elements as recited in the instant claims. PG’099 teaches an Al based alloy manufactured by additive manufacturing process (Abstract, par.[0002] and [0025], and claims of PG’099). PG’099 teaches Al based alloy including Ni, Mn, Zr, Hf, and optional including Ce with specific amount (claims 1-3 and par.[0017]-[0018], and [0029] of PG’099], which overlaps the claimed Hf (cl.2-3), Mn and/or Zr (cl.4-5, 12-13, and 17-18) amount in the instant claims 1 and 8-9. Overlapping in composition ranges creates a prima facie case of obviousness. MPEP 2144 05 I. It would have been obvious to one of ordinary skill in the art at the time the invention was made to optimize the amount of Mn, Zr, and Hf from the disclosure of PG’099 for the alloy of PG’402 in order to obtain a high strength Al alloy (par.[0030] of PG’099).
Regarding claim 16, PG’099 teaches including Zr and formation of nanometric dispersoids of the Al3Zr in the alloy (Par.[0026] of PG’099), which reads on the claimed limitation in the instant claim.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory obviousness-type double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); and In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on a nonstatutory double patenting ground provided the conflicting application or patent either is shown to be commonly owned with this application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement.
Effective January 1, 1994, a registered attorney or agent of record may sign a terminal disclaimer. A terminal disclaimer signed by the assignee must fully comply with 37 CFR 3.73(b).
Claims 1-19 are rejected on the ground of nonstatutory obviousness type double patenting as being unpatentable over Claims 1-16 of copending application No. 16/894551 (US 11,608,546 B2).
Regarding claims 1-19, although the conflicting claims are not identical, they are not patentable distinct from each other with Claims 1-16 of copending application No. 16/894551 (US 11,608,546 B2). All of the alloy composition ranges and microstructure disclosed in Claims 1-16 of copending application No. 16/894551 (US 11,608,546 B2) overlap the ranges of composition ranges, which is a prima facie case of obviousness. MPEP 2144.05 I. Therefore, it would have been obvious to one of ordinary skill in the art at the time the invention was made to include ferrite as claimed from the disclosures Claims 1-16 of copending application No. 16/894551 (US 11,608,546 B2) because Claims 1-16 of copending application No. 16/894551 (US 11,608,546 B2) teaches the same Al-Ce-Ni for additive manufacture as claimed throughout the whole disclosed ranges. Thus, no patentable distinction was found in the instant claims compared with the Claims 1-16 of copending application No. 16/894551 (US 11,608,546 B2).
Claims 1-19 are rejected on the ground of nonstatutory obviousness type double patenting as being unpatentable over Claims 1-15 of copending application No. 17/084582 (US 11,986,904 B2).
Regarding claims 1-19, although the conflicting claims are not identical, they are not patentable distinct from each other with Claims 1-15 of copending application No. 17/084582 (US 11,986,904 B2). All of the alloy composition ranges and microstructure disclosed in Claims 1-15 of copending application No. 17/084582 (US 11,986,904 B2) overlap the ranges of composition ranges, which is a prima facie case of obviousness. MPEP 2144.05 I. Therefore, it would have been obvious to one of ordinary skill in the art at the time the invention was made to include ferrite as claimed from the disclosures Claims 1-15 of copending application No. 17/084582 (US 11,986,904 B2) because Claims 1-15 of copending application No. 17/084582 (US 11,986,904 B2) teaches the same Al-Ce-Ni for additive manufacture as claimed throughout the whole disclosed ranges. Thus, no patentable distinction was found in the instant claims compared with the Claims 1-15 of copending application No. 17/084582 (US 11,986,904 B2).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JIE YANG whose telephone number is (571)270-1884. The examiner can normally be reached on IFP.
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/JIE YANG/Primary Examiner, Art Unit 1734