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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
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 1-3 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Sadaki et al (US 2018/0347061 A1).
As to claims 1-3, Sadaki discloses a method of manufacturing a nickel-plated heat-treated steel sheet ([0019], examples starting [0085]), comprising:
forming a nickel layer by electroplating at least one surface of a base steel sheet with nickel (Ni) ([0089]-[0093]); and
forming a nickel-iron (Ni-Fe) alloy layer between the base steel sheet and the nickel layer through diffusion heat treatment of the base steel sheet and the nickel layer ([0094]).
Sadaki further discloses an amount of nickel diffused as a result of the heat diffusion treatment to provide 10-26.7 g/m2 in the iron-nickel diffusion layer (Abstract, [0042]) and a ratio of nickel at a particular point in the diffusion layer being between 0.3-25 wt % (See fig. 5 the gradient of nickel intensity from 70 to 0 on the basis of the diffusion layer).
Sadaki disclose several examples “wherein the nickel layer has a hardness of 150 to 250, as measured under a load of 10 gf using a micro Vickers hardness tester” of instant claim 3 which fall within the instantly claimed range. (Table 3 examples 1, 5, 8, 9, 11, 12, and 22)
Sadaki fails to explicitly disclose the properties of “wherein the nickel-plated heat-treated steel sheet has a superficial Rockwell hardness of 52 to 62.” of instant claim 1 and wherein the nickel-iron alloy layer has a nickel (Ni) content of 0.3 wt% to 25 wt% of instant claim 2.
The instant specification explicitly states “Regardless of the type of diffusion heat treatment used, the following physical properties can be ultimately secured through the diffusion heat treatment step by appropriately combining a heat treatment temperature with a heat treatment time.” (pg. 11 lines 9-11). Specifically, the following phyiscla properties are explicitly cited at lines 12-19:
“(1) The heat-treated steel sheet has a superficial Rockwell hardness of about 52 to about 62.
(2) A nickel-iron (Ni-Fe) alloy layer having a nickel (Ni) content of about 0.3 wt % to about 25 wt % is formed between the nickel layer (pure Ni) and the base steel sheet.
(3) The nickel layer (pure Ni) has a surface hardness of about 150 to about 250, as measured under conditions of a load of 10 gf and a retention time of 10 seconds using a micro Vickers hardness tester.”
Sadaki discloses performing the method of instant claim 1 with specific parameters as those discloses in the instant specifications’ examples:
Electrolyte used and plating parameters:
Sadaki: Bath composition: Nickel sulfate: 250 g/L, nickel chloride: 45 g/L, boric acid: 45 g/L at a pH of 3.5-4.5 temperature of 60 °C current density of 20 A/dm2 ([0016]).
Instant specification: a plating bath containing 225 g/L of nickel sulfate, 45 g/L of nickel chloride, 45 g/L of boric acid having a temperature of 60° C. and a pH of 3.2 to 4.5 was prepared, (pg. 13 lines 23-25). Note: The concentration of nickel sulfate in Sadaki is disclosed in the instant specification at pg. 8 line 31. The specific current density in Sadaki is disclosed in the instant specification at pg. 9 line 23.
The amount of nickel deposited in Sadaki – see Table 2 – falls within the ranges discloses in the instant specification – see pg. 9 lines 3-4
Heat Treatment Parameters
Sadaki: All parameters in Table 3 of Sadaki fall within the instant disclosed ranges as discloses in the instant specification at pg. 12 lines 3-8 when used as a continuous annealing treatment in Sadaki – [0121].
Therefore, Sadaki explicitly discloses the same method of forming a nickel-plated heat treated sheet using an identical method discloses and claimed in the instant application therefore providing both a basis of fact and technical reasoning that the property is an inherent characteristic necessarily flowing from the disclosure of the prior art. See MPEP 2112 IV. The prior art uses the same base steel sheet upon which the nickel layer is formed, electrolyte, plating parameters, and diffusion heat treatment parameters disclosed in the instant specification that provide the claimed Rockwell hardness of 52-62 and an explicit content of nickel in the nickel-iron alloy layer of 0.3 wt% to 25 wt%.. Therefore, the balance of the evidence presented in the prior art disclosing a product produced by a substantially identical process presents a prima facie case of anticipation that the property in an inherent result of the prior art disclosed process. See MPEP 2112.01 I
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LOUIS J RUFO whose telephone number is (571)270-7716. The examiner can normally be reached Monday to Friday, 9 am to 5 pm.
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/LOUIS J RUFO/ Primary Examiner, Art Unit 1795
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