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, 3-6, 16 and 17 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.
Regarding Claim 1, it is unclear how the area fractions and sizes for intermetallics and inclusions are to be assessed. It would be expected that qualitatively very different sheets could relate to having these relationships as measured one way as opposed to another. And, without specifying what is the appropriate method, one of ordinary skill in the art could be uncertain or unable to ascertain whether a particular sheet is outside of the claim scope or inside the claim scope. For example, are they to be measured in the rolling direction or transverse direction of a cross-section, on the surface, or otherwise. For example, Kudo WO 2020/045537 teaches very specific method for ascertaining intermetallic area ratio/size near the sheet surface, but it is unclear whether applicant’s method is necessarily the same, different, or otherwise. See Kudo USPA 2021/0324501 (paragraph 46) (translation of Kudo WO 202/045537). This indefiniteness applies to comparable limitations in Claim 3 and size measurement in Claim 6.
Regarding Claim 4, at line 2, it is unclear which range is claimed “75-95%” or “80-95%”. It is unclear what are the numerator and denominator of this percentage. Is it a weight ratio, an atomic ratio, or something else? Is the ratio the total atoms of Fe, Si, and Mn in the AlFeMnSi phase divided by the total atoms of Fe, Si, and Mn in the sheet? The Specification refers to area ratios at page 4, lines 8-13, but it is unclear whether the claim is limited to this type of assessment and, if so, it is unclear what are areas that are respectively included in the numerator and denominator. Is this resulting ratio equivalent to an atomic or weight ratio?
Regarding Claim 5, it is unclear how “perforation incidence” as measured by “ppm” relates to a percentage as now claimed. It would seem that the claimed ratio should be multiplied by one million and not 100 and have units of ppm and not a percentage. Analogous rejection applies to Claim 17.
Regarding Claim 6, it is unclear what is the “second phase”. Is it the total of all phase that is not primary Al matrix phase?
Regarding Claim 6, it is unclear what is the claimed method of ascertaining porosity.
Allowable Subject Matter
Claim 1 would be allowable if rewritten or amended 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.
Claims 3-6, 16, and 17 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.
Regarding Claims 1, 3-6, 16, and 17, the reviewed prior art does not teach or suggest the subject matter of these claims for the reasons of record. See Office Action mailed on 6 May 2026 (paragraph 20).
Response to Amendment
In view of applicant’s amendments and arguments, applicant traverses the section 112, paragraph (b) rejection of the Office Action mailed on 6 May 2026. Rejections are withdrawn except to the extent repeated above. Applicant explains that claimed area fractions are measured in 50 square millimeter cross sections in rolling direction. This explanation is not claimed and not apparently present in the Specification in any form, including not as a controlling definition, which apparently makes no mention of L-direction or this size. Thus, the claim scope remains indefinite in this regard. Regarding Claim 4, it remains unclear which range is claimed. It is unclear what surface (i.e., as relates to numerator and denominator) is being evaluated. In addition to not clarifying points raised in the rejection, applicant comments the range relates to “particle-number” ratio for the conversion of all monoclinic beta-AlFeSi phases within the aluminum alloy matrix into bcc alpha-AlFeMnSi particles. It is unclear how these comments relate to what is claimed, and how it is well-known in the art. Regarding Claim 5, it is unclear how to reconcile the claimed perforation incidence in terms of ppm which seemingly would be (number of defective cans/number of total inspected cans)x10E6 versus the now claimed percentage. Regarding Claim 6, it remains unclear in view of comments whether the limitation pertains to all phase that is not primary Al matrix or simply some phase. Applicant argues that porosity is measured by well-known methods. However, it is unclear which of the well-known methods is being claimed and thus what exactly in terms of porosity is being claimed. Rejections maintained as set forth above.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MICHAEL E. LA VILLA whose telephone number is (571)272-1539. The examiner can normally be reached Mon. through Fri. from 9:00 a.m. ET to 5:30 p.m. ET.
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, Humera N. 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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/MICHAEL E. LA VILLA/Primary Examiner, Art Unit 1784
6 August 2026
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