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.
Claims 1-20 are 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 1 is indefinite because it is unclear if the “amount (volume)” is required or if this is an example or preferred amount. For the purpose of examination, the volume is required as the amount of filler wire fed to the gap per unit welding length. The Examiner requests that the Applicant please clarify.
Claim 3 recites the limitation "the back" in line 3. There is insufficient antecedent basis for this limitation in the claim.
Claim 7 recites the limitation "the back" in line 3. There is insufficient antecedent basis for this limitation in the claim.
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, 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Breuer et al. (2018/0326538A1).
Regarding claim 1, Breuer discloses a laser welding method for Si-containing steel sheets (abstract), comprising: butting the Si-containing steel sheets, feeding a filler wire 8 to a gap, G, between the butted steel sheets 1, 2 while irradiating a laser beam 4 thereto so that the filler wire and the butted steel sheets are melted and solidified to form weld metal, characterized in that the weld metal has an austenite structure by using an austenitic wire as the filler wire (paragraphs 0001-0004, 0017), , and setting an amount (volume) of the filler wire fed to the gap per unit welding length within a range of 1.5 to 2.5 times a volume of the gap per unit length (abstract, paragraph 0016).
Breuer discloses that the width is at least 0.18mm (paragraph 0015, 0062-0065). This overlaps the claimed range of setting a width of the gap to be 0.30 mm or more. In the case where the claimed ranges “overlap or lie inside ranges disclosed by the prior art” a prima facie case of obviousness exists. In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990) (MPEP 2144.05). To one skilled in the art at the time of the invention it would have been obvious to determine the ideal width of the gap based on the desired amount of weld material and the properties required for the joint.
Regarding claim 6, Breuer discloses that the Si-containing steel sheets contain 1.0 mass% or more Si.
Claim(s) 4-5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Breuer et al. (2018/0326538A1) as applied to claim 1 above, and further in view of Matsurbara et al. (2008/0318078A1).
Regarding claims 4-5, Breuer does not specifically disclose wherein a filler wire having an Ni equivalent of 50% or more and a Cr equivalent of 20% or more on a Sheafflar diagram is used as the filler wire. However, Matsurbara discloses using a known filler metal with a composition in accordance with NCF625 defined by JIS G 4901 (paragraph 0063). To one skilled in the art at the time of the invention it would have been obvious to use a well-known filler metal for the welding that would provide the most desirable properties of the joint.
Allowable Subject Matter
Claims 2-3, 7-20 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims. Prior art was not found that taught or suggested wherein the weld metal has a maximum hardness of 250 or less and a minimum hardness of 150 or more, both in Vickers hardness HVO.2, by setting a base metal dilution ratio of the weld metal to be 700% or less, where the base metal dilution ratio is a volume ratio of the base metal with respect to the entire weld metal, or wherein a ratio (f/a) of a height f of a bead formed on the back surface of a resulting weld to a thickness a of the steel sheets is set in the range of 0 to 0.20.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ERIN B SAAD whose telephone number is (571)270-3634. The examiner can normally be reached Monday-Thursday 7:30a-6p.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Keith Walker can be reached at 571-272-3458. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ERIN B SAAD/Primary Examiner, Art Unit 1735
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