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 .
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 4/23/26 has been entered.
Response to Amendment
Amendments submitted on 3/26/26 include amendments to the claims. Claims 1, 3-22 are pending. Claims 1 and 21 have been amended. Claim 22 has been newly added.
Response to Arguments
Applicant's arguments filed 3/26/26 have been fully considered and are found to be persuasive.
Election/Restrictions
Claims 1, 3-10, 21-22 are directed to an allowable product. Pursuant to the procedures set forth in MPEP § 821.04(B), claims 11-20, directed to the process of making or using an allowable product, previously withdrawn from consideration as a result of a restriction requirement, are hereby rejoined and fully examined for patentability under 37 CFR 1.104.
Because all claims previously withdrawn from consideration under 37 CFR 1.142 have been rejoined, the restriction requirement as set forth in the Office action mailed on 1/3/25 is hereby withdrawn. In view of the withdrawal of the restriction requirement as to the rejoined inventions, applicant(s) are advised that if any claim presented in a divisional application is anticipated by, or includes all the limitations of, a claim that is allowable in the present application, such claim may be subject to provisional statutory and/or nonstatutory double patenting rejections over the claims of the instant application. Once the restriction requirement is withdrawn, the provisions of 35 U.S.C. 121 are no longer applicable. See In re Ziegler, 443 F.2d 1211, 1215, 170 USPQ 129, 131-32 (CCPA 1971). See also MPEP § 804.01.
Claim Objections
Claim objections have been withdrawn based on the amendments to the claims.
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.
Claim 14 is 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 14, the phrase "such as" renders the claim indefinite because it is unclear whether the limitations following the phrase are part of the claimed invention. See MPEP § 2173.05(d).
Allowable Subject Matter
Claim 14 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.
Claims 1, 3-13, 15-22 are allowed.
The following is a statement of reasons for the indication of allowable subject matter: The closest prior art of record is Gartner et al. (US5545260A). Gartner et al. fails to teach/disclose all of the limitations of independent claims 1 and 21, including the following limitations of claim 1: “… the at least one treatment tank comprises a first header above the first upward face of the metal strip and a second header below the second downward face of the metal strip, wherein, in a first treatment tank configuration, each of the first header and the second header have an internal flat surface intended to be parallel, respectively, to the first upward face and the second downward face of the metal strip, and at a distance thereof, defining a first gap and a second gap, respectively, the first header and the second header each comprising a plurality of holes drilled through the internal flat surface according to a defined 2D-pattern, for spraying the acid solution to a whole surface, respectively, of the first upward face and the second downward face of the metal strip in straight jets, under conditions suitable to create in use at the first upward face and second downward face of the metal strip a highly turbulent liquid cushion occupying a whole volume of the first gap and of the second gap, respectively, the straight jets being oriented perpendicularly to the horizontal pathway…”, as well as the following limitations of claim 21: “…in a first treatment tank configuration, each of the first header and the second header are configured to have an internal flat surface parallel, respectively, to the first upward face and the second downward face of the metal strip, and at a distance thereof, defining a first gap and a second gap, respectively, the first header and the second header each comprising a plurality of holes drilled through the internal flat surface according to a defined 2D-pattern, for spraying the acid solution to a whole surface, respectively, of the first upward face and the second downward face of the metal strip in straight jets, under conditions suitable to create in use at the first upward face and second downward face of the metal strip a highly turbulent liquid cushion occupying a whole volume of the first gap and of the second gap, respectively, wherein, in a second treatment tank configuration, each of the first header and the second header have an internal flat surface parallel, respectively, to the upward face and the second downward face of the metal strip, and at a distance thereof, defining a first gap and a second gap, respectively, acid solution injection means being provided at an edge injection opening at one side of the treatment tank and into each respective gap, under conditions suitable to create at the surface of the metal strip a highly turbulent liquid zone occupying the whole respective gap volume, wherein a third treatment tank configuration combines the first treatment tank configuration and the second treatment tank configuration…”. Furthermore, no other prior art was located that fairly suggested the claimed invention in whole or in part along with the requisite motivation for combination to anticipate or render the claimed invention obvious.
Conclusion
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/TINSAE B AYALEW/EXAMINER, Art Unit 1711
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