DETAILED ACTION
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 June 10, 2026 has been entered.
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 .
Priority
Receipt is acknowledged of a certified copy of JP 2020-057273 filed March 27, 2020 as required by 37 CFR 1.55. Receipt is also acknowledged of WO 2021/193632, the WIPO publication of PCT/JP2021/011993 filed March 23, 2021.
Claim Status
This Office Action is in response to Applicant’s Claim Amendments and Remarks filed June 10, 2026.
Claims Filing Date
June 26, 2026
Amended
1, 5
Under Examination
1-5
The applicant argues support for the claim 1 and claim 5 amendments at [0049] (p. 5 para. 2).
Response to Remarks filed June 10, 2026
Applicant's arguments filed June 10, 2026 have been fully considered but they are not persuasive.
Kawata (US 2017/0305114) in view of Paik (WO 2019/054769 machine translation) and Warnecke (US 2010/0024925)
The applicant argues the microstructure of the steel sheets, technical philosophies, and material compositions of Kawata and Paik are contradictory (p. 7 para. 3, p. 9 para. 2) with differences in C content that affect the standard deviation of grain size (p. 8 para. 1) because C influences microstructure grain size and uniformity during cooling as evidenced by Enomoto and Ouchi, where the heat treatment conditions, cooling rate, and surface microstructure homogenization mechanism are optimized based on the composition of Paik (p. 8 paras. 2-4, p. 9 paras. 5-6).
In the pending rejection, Kawata in view of Paik discloses a hot-dip zinc-plated steel sheet (Kawata [0006], [0028]; Paik [0080], [0096]) with a base steel sheet having an overlapping composition (Kawata [0030]-[0040], [0045]-[0059], [0098]-[0138]) and a surface (refined) layer region having an average (ferrite) grain size of 4.0 um or less (Kawata [0041], [0089]-[0093]; Paik [0064]) and a standard deviation of (ferrite) grain sizes of 1.0 um or less (Paik [0064], [0068], [0088]-[0089]) to uniformize the microstructure (Paik [0023]), preventing poor formability and sharpness due to inhomogeneity (Paik [0064], [0068]). Paik discloses achieving the uniform microstructure of the surface layer by forming an oil film on the steel sheet during hot rolling (Paik [0088]). Therefore, one of ordinary skill in the art would understand how to achieve the standard deviation of grain size as disclosed by Paik in the steel of Kawata.
Alternatively, or additionally, based on the disclosures of Kawata and Paik (Kawata [0089]-[0093]; Pail [0064], [0068]) one of ordinary skill in the art would understand how to form a uniform microstructure with decreased standard deviation. The benefits of forming a uniform microstructure would also be understood, where the advantages of Paik of preventing poor formability and sharpness due to inhomogeneity (Paik [0064], [0068]) would also be advantageous in the excellently formable steel of Kawata (Kawata [0003]).
The applicant argues within the C content of Kawata it is highly unlikely the refinement process of Paik would achieve the grain size and standard deviation report in Paik (p. 9 para. 1).
Arguments presented by the applicant cannot take the place of evidence in the record. MPEP 716.01(c)(II).
Kawata discloses the claimed grain size (Kawata [0041], [0089]-[0093]), such that it is achieved within the C content of Kawata. Paik provides motivation to form the steel of Kawata with a uniformized microstructure (Paik [0023]) with a standard deviation of 8 or less (Paik [0064], [0068], [0088]-[0089]) to prevent poor formability and sharpness due to inhomogeneity (Paik [0064], [0068]), which are advantageous in the excellently formable steel of Kawata (Kawata [0003]).
The applicant argues the overlapping grain size of Kawata and Paik does not imply an equivalence of grain size distribution (standard deviation) because grain size distribution is determined by the nucleation start/stop temperature range, spatiotemporal nucleation density, and comparative growth (p. 10 para. 2).
The combination of Kawata and Paik is supported by both references disclosing a hot-dip zinc-plated steel sheet (Kawata [0006], [0028]; Paik [0080], [0096]) comprising a surface layer region with an average (ferrite) grain size of 4.0 um or less (Kawata [0089]-[0093]; Paik [0064]). The same ferrite microstructure with an overlapping average grain size is present in Kawata and Paik.
The applicant argues Warnecke discloses a three-layer boundary including a surface boundary layer near the surface with up to about 1 wt% Al, an intermediate layer with 0.5 wt% or less Al, and a boundary layer with up to 4.5% Al (p. 11 paras. 2-5), where Figs. 1 and 2 do not appear to support [0042] and do not disclose the maximum Al content of the boundary layer of 1.0 wt% or less (p. 14 para. 1) because they disclose 1.2 wt% Al and 1.6 wt% (p. 14 paras. 4-5).
In light of claim amendment and upon further consideration, the rejection over Warnecke is modified. A reference may be relied upon for all that it would have reasonably suggested to one having ordinary skill in the art. MPEP 2123(I).
Warnecke discloses an intermediate layer with low Al content close to the surface and a border layer at the transition into the steel substrate with high Al concentration ([0011]). Therefore, Warnecke discloses the following structure:
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Warnecke Figs. 1 and 2 present the composition of the layered structure ([0014]-[0017], [0034]-[0035]), with both examples including a region that reads on the claimed boundary layer being provided on a surface of the steel sheet having a maximum Al concentration of 0.30 mass% to 1.00 mass% as presented in below annotated Figs. 1 and 2.
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The applicant argues Warnecke discloses increasing Al for improving corrosion resistance and a high Al concentration in the boundary layer, discouraging from reducing the boundary layer Al to 1.0 wt% or lower (p. 14 para. 6).
Warnecke discloses “In the border layer the Al content rises to 4.5% at the border to the steel substrate.” In Figs. 1 and 2 the Al content of the border layer appears to be about 1.2% and 1.6%, respectively. Following the peak rise, as depicted in the above annotated Figs. 1 and 2 of Warnecke, the Al content decreases towards the steel sheet, such that provided on a surface of the steel sheet is a boundary layer with a maximum Al concentration of 0.30 mass% to 1.00 mass%.
The applicant argues Kawata and Warnecke present inconsistent technical principles concerning the desired Al concentration and interfacial structure (p. 12 para. 1) because Kawata suppresses Al enrichment at the interface to preferably 1.200% or less for spot weldability (Kawata [0110]) (p. 12 para. 2) with too high Al generating excessive Al-based products at the interface (Kawata [0191]) (p. 12 para. 3), deteriorating spot weldability and coating adhesion (p. 12 para. 4), but Warnecke discloses high Al concentration ensures corrosion resistance with Al in the intermediate layer of 0.5 wt% maximum for improved weldability (p. 12 para. 5) and high Al up to 4.5% in the boundary layer for corrosion resistance (Warnecke [0011], [0042] (p. 12 para. 6) (p. 13 para. 1).
In applicant’s argument, the reference to Kawata [0110] is with respect to the composition of the steel sheet and not the layer formed on the steel sheet. The reference to Kawata [0191] is with respect to the Al content in the plating bath, which is 0.050 to 0.180%. The plating (melt) bath of Warnecke includes 0.1 to 0.4% Al (Warnecke [0010]), which overlaps from 0.1 to 0.180% Al with the plating bath of Kawata. Further, the amended rejection is based on the obviousness of the coating of Warnecke being applied to the steel sheet of Kawata.
For the above cited reasons, a rejection based on the combination of Kawata, Paik, and Warnecke is maintained.
Kawata (US 2017/0305114) in view of Kondo (JP 2005-097681 machine translation) and Warnecke (US 2010/0024925)
The applicant argues Kondo does not suggest a segregation-reduction casting alone produces a uniform microstructure, but states that with ordinary hot rolling it is not possible to reduce the ferrite grain size and its variation, such that specific hot-rolling conditions are essential to microstructural uniformity (p. 15 para. 3), such as rolling, cooling, and annealing (p. 15 paras. 4-5), and that the refined layer of Kawata depends on cold-work strain and annealing recrystallization (Kawata [0167]-[0181]) (para. spanning pp. 15-16, p. 16 para. 2), but Kondo achieves microstructural uniformization by transformation phenomena specific (Kondo [0030]-[0034]) to hot-rolled materials that are different from the cold-rolled material of Kawata (p. 16 paras. 3-4) (p. 17 para. 2 to p. 18 para. 2), such that the formation mechanisms of the “uniform microstructure” in Kawata and Kondo are different and not interchangeable (p. 16 para. 5) and one of ordinary skill in the art would lack a reasonable expectation of success (para. spanning pp. 16-17).
Kondo discloses reducing ferrite grain size by reducing compositional segregation ([0030]), then that “Even if ordinary hot rolling is performed, it is not possible to reduce the ferrite grain size and its distribution.” ([0031]). It appears that Kondo discloses ordinary hot rolling without reducing composition segregation is not possible to reduce the ferrite grain size and its distribution. Rather, it is the reduced composition segregation that makes it possible to reduce the ferrite grain size and its distribution that results from the hot-rolling.
Furthermore, the pending rejection is based on the obviousness of a ferrite grain size standard deviation of 3.0 um or less (Kondo [0013]-[0018]) in the steel sheet of Kawata to advantageously obtain stable and good hole expandability (Kondo [0018]) with improved stretch flangeability (Kondo [0025]) by forming a uniform structure (Kondo [0030]). Similarly, the steel of Kawata also desires excellent formability (Kawata [0003]), stretch flangeability (Kawata [0108], [0112], [0114], [0142]), and hole expansibility (Kawata [0027], [0060]).
For the above cited reasons, a rejection based on the combination of Kawata, Kondo, and Warnecke is maintained.
New Grounds
In light of claim amendment and upon further consideration the pending rejections have been modified as Warnecke in view of Kawata and Paik and as Warnecke in view of Kawata and Kondo.
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 1-5 are rejected under 35 U.S.C. 103 as being unpatentable over Warnecke (US 2010/0024925) in view of Kawata (US 2017/0305114) and Paik (WO 2019/054769 machine translation).
Regarding claims 1-5, Warnecke discloses a hot-dip zinc-plated steel sheet ([0002]) comprising:
a steel sheet ([0009]-[0019]);
a boundary layer that is provided on a surface of the steel sheet ([0029]-[0030], [0034]-[0036], [0042], Figs. 1 and 2); and
a hot-dip zinc-plated layer that is provided on a surface of the boundary layer ([0009]-[0019]), and
in the boundary layer, a maximum Al concentration is 0.30 mass% to 1.00 mass% ([0029]-[0030], [0034]-[0036], [0042], Figs. 1 and 2).
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Warnecke is silent to the claimed chemical composition of the steel sheet and in a surface layer region of the steel sheet, an average grain size is 4.0 um or less.
Kawata discloses a hot-dip zinc-plated steel sheet ([0028], [0063]) comprising: a chemical composition of a steel sheet that overlaps with that claimed ([0031]-[0040], [0046]-[0059], [0098]-[0138]) and in a surface (refined) layer region of the steel sheet, an average grain size of 4.0 um or less (0.1 to 3.0 um) ([0041]).
Element
Claims 1-5
Kawata Disclosure
Kawata Citation
C
0.18 to 0.50
0.24 to 0.50
0.040 to 0.400
[0099]-[0100]
Si
0.10 to 1.50
0.05 to 2.50
[0101]-[0102]
Mn
0.5 to 2.5
0.50 to 3.50
[0103]-[0104]
Sol. Al.
0.001 to 0.100
0.001 to 1.500
[0109]-[0110]
Ti
0.010 to 0.100
0.001 to 0.150
[0119]-[0120]
S
0.0100 or less
0.0001 to 0.0100
[0107]-[0108]
P
0.100 or less
0.0001 to 0.1000
[0105]-[0106]
N
0.010 or less
0.0001 to 0.0100
[0111]-[0112]
Nb
0 to 0.05
0.02 to 0.05
0.001 to 0.100
[0121]
V
0 to 0.50
0.005 to 0.50
0.001 to 0.300
[0122]
Cr
0 to 0.50
0.10 to 0.50
0.01 to 2.00
[0123]-[0125]
Mo
0 to 0.50
0.005 to 0.50
0.01 to 2.00
[0129]-[0130]
B
0 to 0.010
0.0001 to 0.010
0.0001 to 0.0100
[0131]-[0132]
Ni
0 to 2.00
0.01 to 2.00
0.01 to 2.00
[0126]-[0127]
Total of REM, Ca, Co, Mg
0 to 0.0300
0.0003 to 0.0300
0.0001 to 0.0100
[0135]-[0138]
Fe
Remainder
Remainder
[0138]
It would have been obvious to one of ordinary skill in the art at the time of filing of the instant invention to use the steel sheet composition disclosed by Kawata because the C enhances strength (Kawata [0099]-[0100]), the Si suppresses formation of iron-based carbides and enhances strength and formability (Kawata [0101]-[0102]), the Mn increases strength by increasing hardenability (Kawata [0103]-[0104]), the P makes the steel brittle (Kawata [0105]-[0106]), the S binds to Mn and forms coarse MnS and formability such as ductility, stretch flangeability and bendability deteriorate (Kawata [0107]-[0108]), Al is an effective deoxidation material (Kawata [0109]-[0110]), the N forms a coarse nitride and deteriorates formability such as ductility, stretch flangeability and bendability (Kawata [0111]-[0112]), the Ti increasing the strength by precipitation strengthening, fine grain strengthening, and dislocation strengthening (Kawata [0119]-[0120]), the Nb increases the strength by precipitate strengthening, fine grain strengthening, and dislocation strengthening (Kawara [0119], [0121]), the V contributes to increasing the strength by precipitate strengthening, fine grain strengthening, and dislocation strengthening (Kawata [0119], [0122]), the Cr suppresses phase transformation at high temperature and is effective for high-strengthening (Kawata [0123]-[0125]), the Ni suppresses phase transformation at a high temperature and is effective for high-strengthening (Kawata [0123], [0126]-[0127]), the B suppresses phase transformation at a high temperature and is effective for high-strengthening (Kawata [0123], [0131]-[0132]), and the one or two or more of Ca, Mg, and REM improve formability (Kawata [0135]-[0137]).
It also would have been obvious to one of ordinary skill in the art at the time of filing of the instant invention to use the base steel sheet disclosed by Kawata with the refined layer having a ferrite average grain size of 0.1 to 3.0 um to suppress crack generation or extension at the time of working the hot-dip galvanized steel sheet (Kawata [0093]).
In the case where the claimed ranges “overlap or lie inside ranges disclosed by the prior art” a prima facie case of obviousness exists. MPEP 2144.05(I).
Warnecke in view of Kawata discloses a refined layer (surface layer region) with an average grain size of ferrite of 0.1 to 3.0 um (Kawata [0089]-[0093]).
Warnecke in view of Kawata is silent to the surface layer region (refined layer) of the steel sheet having a standard deviation of grain sizes of 2.0 um or less.
Paik discloses a hot-dip zinc-plate steel sheet ([0080], [0096]) comprising a surface layer region of the steel sheet with an average grain size is 4.0 um or less (30 um or less) ([0064]) and a standard deviation of (ferrite) grain sizes of 2.0 um or less (uniform microstructure of the surface layer with standard deviation of 8 or less) ([0064], [0068], [0088]-[0089]).
It would have been obvious to one of ordinary skill in the art in the surface layer region (refined layer) of Warnecke in view of Kawata to control the standard deviation of the ferrite grain size to be 8 or less to uniformize the microstructure (Paik [0023]), preventing poor formability and sharpness due to inhomogeneity (Paik [0064], [0068]). In the case where the claimed ranges “overlap or lie inside ranges disclosed by the prior art” a prima facie case of obviousness exists. MPEP 2144.05(I).
Alternatively, or additionally, Warnecke in view of Kawata and Paik discloses in the surface layer region an average grain size of ferrite of 0.1 to 3.0 um (Kawata [0089]-[0093]) with a uniform size (Paik [0064], [0088]-[0089]) and standard deviation such as 8 or less (Paik [0068]). One of ordinary skill in the art would understand how to form a uniform microstructure with decreased standard deviation as disclosed by Paik while maintaining the average grain size of Kawata. “[W]here the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation.” MPEP 2144.05(II)(A).
Claims 1-5 are rejected under 35 U.S.C. 103 as being unpatentable over Warnecke (US 2010/0024925) in view of Kawata (US 2017/0305114) and Kondo (JP 2005-097681 machine translation).
Regarding claims 1-5, Warnecke discloses a hot-dip zinc-plated steel sheet ([0002]) comprising:
a steel sheet ([0009]-[0019]);
a boundary layer that is provided on a surface of the steel sheet ([0029]-[0030], [0034]-[0036], [0042], Figs. 1 and 2); and
a hot-dip zinc-plated layer that is provided on a surface of the boundary layer ([0009]-[0019]), and
in the boundary layer, a maximum Al concentration is 0.30 mass% to 1.00 mass% ([0029]-[0030], [0034]-[0036], [0042], Figs. 1 and 2).
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Warnecke is silent to the claimed chemical composition of the steel sheet and in a surface layer region of the steel sheet, an average grain size is 4.0 um or less.
Kawata discloses a hot-dip zinc-plated steel sheet ([0028], [0063]) comprising: a chemical composition of a steel sheet that overlaps with that claimed ([0031]-[0040], [0046]-[0059], [0098]-[0138]) and in a surface (refined) layer region of the steel sheet, an average grain size is 4.0 um or less (0.1 to 3.0 um) ([0041]).
Element
Claims 1-5
Kawata Disclosure
Kawata Citation
C
0.18 to 0.50
0.24 to 0.50
0.040 to 0.400
[0099]-[0100]
Si
0.10 to 1.50
0.05 to 2.50
[0101]-[0102]
Mn
0.5 to 2.5
0.50 to 3.50
[0103]-[0104]
Sol. Al.
0.001 to 0.100
0.001 to 1.500
[0109]-[0110]
Ti
0.010 to 0.100
0.001 to 0.150
[0119]-[0120]
S
0.0100 or less
0.0001 to 0.0100
[0107]-[0108]
P
0.100 or less
0.0001 to 0.1000
[0105]-[0106]
N
0.010 or less
0.0001 to 0.0100
[0111]-[0112]
Nb
0 to 0.05
0.02 to 0.05
0.001 to 0.100
[0121]
V
0 to 0.50
0.005 to 0.50
0.001 to 0.300
[0122]
Cr
0 to 0.50
0.10 to 0.50
0.01 to 2.00
[0123]-[0125]
Mo
0 to 0.50
0.005 to 0.50
0.01 to 2.00
[0129]-[0130]
B
0 to 0.010
0.0001 to 0.010
0.0001 to 0.0100
[0131]-[0132]
Ni
0 to 2.00
0.01 to 2.00
0.01 to 2.00
[0126]-[0127]
Total of REM, Ca, Co, Mg
0 to 0.0300
0.0003 to 0.0300
0.0001 to 0.0100
[0135]-[0138]
Fe
Remainder
Remainder
[0138]
It would have been obvious to one of ordinary skill in the art at the time of filing of the instant invention to use the steel sheet composition disclosed by Kawata because the C enhances strength (Kawata [0099]-[0100]), the Si suppresses formation of iron-based carbides and enhances strength and formability (Kawata [0101]-[0102]), the Mn increases strength by increasing hardenability (Kawata [0103]-[0104]), the P makes the steel brittle (Kawata [0105]-[0106]), the S binds to Mn and forms coarse MnS and formability such as ductility, stretch flangeability and bendability deteriorate (Kawata [0107]-[0108]), Al is an effective deoxidation material (Kawata [0109]-[0110]), the N forms a coarse nitride and deteriorates formability such as ductility, stretch flangeability and bendability (Kawata [0111]-[0112]), the Ti increasing the strength by precipitation strengthening, fine grain strengthening, and dislocation strengthening (Kawata [0119]-[0120]), the Nb increases the strength by precipitate strengthening, fine grain strengthening, and dislocation strengthening (Kawara [0119], [0121]), the V contributes to increasing the strength by precipitate strengthening, fine grain strengthening, and dislocation strengthening (Kawata [0119], [0122]), the Cr suppresses phase transformation at high temperature and is effective for high-strengthening (Kawata [0123]-[0125]), the Ni suppresses phase transformation at a high temperature and is effective for high-strengthening (Kawata [0123], [0126]-[0127]), the B suppresses phase transformation at a high temperature and is effective for high-strengthening (Kawata [0123], [0131]-[0132]), and the one or two or more of Ca, Mg, and REM improve formability (Kawata [0135]-[0137]).
It also would have been obvious to one of ordinary skill in the art at the time of filing of the instant invention to use the base steel sheet disclosed by Kawata with the refined layer having a ferrite average grain size of 0.1 to 3.0 um to suppress crack generation or extension at the time of working the hot-dip galvanized steel sheet (Kawata [0093]).
In the case where the claimed ranges “overlap or lie inside ranges disclosed by the prior art” a prima facie case of obviousness exists. MPEP 2144.05(I).
Warnecke in view of Kawata discloses a refined layer (surface layer region) with an average grain size of ferrite of 0.1 to 3.0 um (Kawata [0089]-[0093]).
Warnecke in view of Kawata is silent to the surface layer region (refined layer) of the steel sheet having a standard deviation of grain sizes of 2.0 um or less.
Kondo discloses a steel sheet ([0001]) comprising an average (ferrite) grain size of 10 um or less with a standard deviation of 3.0 um or less ([0013]-[0018]).
It would have been obvious to one of ordinary skill in the art in the surface layer region (refined layer) of Warnecke in view of Kawata to control the standard deviation of the ferrite grain size to be 3.0 um or less to obtain stable and good hole expandability (Kondo [0018]) with improved stretch flangeability (Kondo [0025]) by forming a uniform structure (Kondo [0030]). In the case where the claimed ranges “overlap or lie inside ranges disclosed by the prior art” a prima facie case of obviousness exists. MPEP 2144.05(I).
Related Art
Ishizuka (US 2009/0162691)
Ishizuka discloses a hot-dip zinc-plated steel sheet ([0005], [0016]-[0017]), wherein, in a boundary (border) layer, a maximum Al concentration is 0.30 mass% or more ([0023], [0045]-[0048], Fig. 1 about 1.8 wt% Al) to improve appearance ([0047]) with a suitable degree of alloying and plating adhesion ([0054]).
Kameya (WO 89/09844)
Kameya discloses hot-dip zinc-aluminum alloy coated steel (1:Technical Field) formed from an Al-Zn alloy having an Al content of 0.3 to 3.5 wt% (4:23-28) and resulting in a concentration distribution of Al in the thickness direction (5:13-20, Figs. 2(a) and (b)) in which the Al concentration in the surface region of the coated layer is increased, improving corrosion resistance of the surface (17:3-7).
Oh (US 2019/0010595)
Oh discloses a plated steel material ([0001]) containing 0.5 to 14% Al ([0007], [0020]) with excellent friction resistance and white rust resistance ([0012]) including a base steel and a plated layer from an internal portion thereof ([0017]) including GDS measurement results of Inventive Example 1 in Fig. 1A ([0066], Fig. 1A), which read on a boundary layer that is provided on a surface of the steel sheet and in the boundary layer, a maximum Al concentration is 0.30 mass% to 2.00 mass%.
Yasui (US 2018/0312954)
Yasui discloses a hot-dip galvanized steel sheet ([0001]) with an overlapping composition ([0019]-[0027]) and a miniaturized layer in the steel sheet base material that is directly in contact with the interface between the steel sheet base material and the plating layer ([0029]-[0030]) including a ferrite phase with an average grain diameter of 0.1 to 3 um ([0033], Fig. 1). Yasui discloses controlling the structure on a steel sheet base material, including the miniaturized layer, suppresses the occurrence and extension of cracks originated from a base material ([0017]).
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/STEPHANI HILL/Examiner, Art Unit 1735
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