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 .
Status of the Claims
Claims1-4 are pending wherein claim 4 has been preliminarily added.
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.
Claims 1 and 3 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Okafuji (JP 2011-208232 A).
In regard to claims 1 and 3, Okafuji (JP ‘232) discloses Cu-Co-Si alloys suitable for electronic and electrical machine materials, such as a movable connector in which high electroconductivity is possible and excellent bending workability is realized wherein the alloy contains 2.3 weight percent cobalt, 0.46 weight percent silicon, 0 weight percent nickel and the balance copper wherein the cobalt/silicon ratio would be 5 (English abstract, page 4 of Translation and Table 2). These amounts anticipate the range of the instant invention.
With respect to the recitation “wherein an average Taylor factor under plane strain that elongates in a direction perpendicular to a rolling direction and reduces plate thickness is 3.5 or less” in claim 1, Okafuji (JP ‘232) discloses the same composition and therefore these properties would be inherent. MPEP 2112.01 I.
With respect to the recitation “a crystal grain size is 10 µm or less” in claim 1, Okafuji (JP ‘232) discloses wherein the grain size would be 10 micrometers or less (page 4 of English Translation).
With respect to the recitation “and a 0.2% yield stress in the rolling direction is 700 MPa or more” in claim 1, Okafuji (JP ‘232) discloses wherein Alloy 6 in Table 2 would have a yield strength of 710 MPa. Additionally, the same composition is disclosed in Okafuji (JP ‘232) and therefore the claimed yield strength would be inherent. MPEP 2112.01 I.
With respect to the recitation “and an electrical conductivity in the rolling direction is 50% IACS or more” in claim 1, Okafuji (JP ‘232) discloses wherein the IACS would be 62% (Alloy 6 in Table 2).
Additionally, the same composition is disclosed in Okafuji (JP ‘232) and therefore the claimed electrical conductivity would be inherent. MPEP 2112.01 I.
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.
Claims 1-4 are rejected under 35 U.S.C. 103 as being unpatentable over Okafuji (JP 2011-208232 A).
In regard to claims 1 and 3, Okafuji (JP ‘232) discloses Cu-Co-Si alloys suitable for electronic and electrical machine materials, such as a movable connector in which high electroconductivity is possible and excellent bending workability is realized wherein the alloy contains 1.5 to 2.5 weight percent cobalt, 0.3 to 0.7 weight percent silicon, 0 weight percent nickel and the balance copper wherein the cobalt/silicon ratio would be 5 (English abstract, page 4 of Translation and Table 2). These amounts are within the range of the instant invention.
With respect to the recitation “wherein an average Taylor factor under plane strain that elongates in a direction perpendicular to a rolling direction and reduces plate thickness is 3.5 or less” in claim 1, Okafuji (JP ‘232) discloses the same composition and therefore these properties would be present. MPEP 2112.01 I.
With respect to the recitation “a crystal grain size is 10 µm or less” in claim 1, Okafuji (JP ‘232) discloses wherein the grain size would be 10 micrometers or less (page 4 of English Translation).
With respect to the recitation “and a 0.2% yield stress in the rolling direction is 700 MPa or more” in claim 1, Okafuji (JP ‘232) discloses yield strengths from 580 to 770 MPa, which overlaps the range of the instant invention (Table 2).
With respect to the recitation “and an electrical conductivity in the rolling direction is 50% IACS or more” in claim 1, Okafuji (JP ‘232) discloses wherein the conductivity would be 60% IACS or more (Table 4 of English Translation).
In regard to claim 2, Okafuji (JP ‘232) discloses adding manganese, nickel, tin, zinc, phosphorus and silver in order effect the desired strength and bending workability and it would have been obvious to one having ordinary skill in the art prior to the filing of the instant invention to modify the contents of these elements in order to effect the desired strength and bending workability as result-effective variables (page 5 of English Translation). MPEP 2144.05 II.
In regard to claim 4, Okafuji (JP ‘232) discloses Cu-Co-Si alloys suitable for electronic and electrical machine materials, such as a movable connector in which high electroconductivity is possible and excellent bending workability (English abstract and page 4 of Translation).
Claims 1-4 are rejected under 35 U.S.C. 103 as being unpatentable over Kuwagaki (WO 2011/036804 A1).
In regard to claims 1 and 3, Kuwagaki (WO ‘804) discloses copper based alloys for electronic materials comprising 1 to 2.5 mass percent nickel, 0.5 to 2.5 mass percent cobalt and 0.3 to 1.2 mass percent silicon wherein the minimum crystal grain diameter for respective fields of view each having an area of 0.5 mm2 being 10 micrometers or smaller (abstract and page 4 of English Translation). The Examiner notes that the amounts of nickel, cobalt, and silicon disclosed by Kuwagaki (WO ‘804) overlap the ranges of the instant invention thereby establishing prima facie obviousness. MPEP 2144.05 I.
With respect to the claimed ratio of (Ni+Co)/Si being 3 to 5, the ratio of nickel plus cobalt divided by silicon in Kuwagaki (WO ‘804) would be 1.25 to 16.67, which would encompass the range of the instant invention.
With respect to the recitation “wherein an average Taylor factor under plane strain that elongates in a direction perpendicular to a rolling direction and reduces plate thickness is 3.5 or less” in claim 1, Kuwagaki (WO ‘804) discloses the substantially similar compositions and therefore these properties would be expected. MPEP 2112.01 I.
With respect to the recitation “and a 0.2% yield stress in the rolling direction is 700 MPa or more” in claim 1, Kuwagaki (WO ‘804) discloses the substantially similar compositions and therefore these properties would be expected. MPEP 2112.01 I.
With respect to the recitation “and an electrical conductivity in the rolling direction is 50% IACS or more” in claim 1, Kuwagaki (WO ‘804) discloses the substantially similar compositions and therefore these properties would be expected. MPEP 2112.01 I.
In regard to claim 2, Kuwagaki (WO ‘804) discloses wherein the alloy would contain at most 0.5 mass percent of one or more selected from magnesium, manganese, silver and phosphorus (page 4 of English Translation).
In regard to claim 4, Kuwagaki (WO ‘804) discloses copper based alloys for electronic materials comprising 1 to 2.5 mass percent nickel, 0.5 to 2.5 mass percent cobalt and 0.3 to 1.2 mass percent silicon wherein the minimum crystal grain diameter for respective fields of view each having an area of 0.5 mm2 being 10 micrometers or smaller (abstract and page 4 of English Translation).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Jessee Roe whose telephone number is (571)272-5938. The examiner can normally be reached Monday thru Friday 7:30 am to 4 pm.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Curt Mayes can be reached at 571-272-1234. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/JESSEE R ROE/Primary Examiner, Art Unit 1759
Prosecution Insights