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 .
Response to Amendment
Applicant’s amendment filed 26 December 2025 is found to be supported in at least Paragraph 32 and Fig. 2 of the originally filed specification. No new matter has been found.
Claim Rejections - 35 USC § 102
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claims 1-4 and 6 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Abe et al. (JP2000-256850 – machine translation provided by applicant).
Considering claim 1, Abe teaches a base material with a DLC coating having high adhesion (abstract). An example is taught of a stainless steel substrate with a first layer of SiC formed thereon (e.g. a bottom layer), a second layer formed stepwise as shown in Fig.3a (reproduced below) of mixed materials of the bottom layer and DLC such that the second layer comprises plural sublayers each corresponding to a different ratio of the first layer material and DLC, and then a subsequent DLC layer such that the material of the first layer decreases to zero at the interface of the second layer with the DLC layer (Paragraphs 11-13; Fig.3a). As such, Abe anticipates that which is claimed.
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Considering claims 2-4, Abe teaches where the first layer comprises SiC (Paragraphs 12-13).
Considering claim 6, Fig 3a of Abe above demonstrates where the ratio decreases monotonically.
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claims 1-7 are rejected under 35 U.S.C. 103 as being unpatentable over Massler et al. (US 2004/0038033 – previously cited).
Considering claim 1, Massler teaches a layer system for wear protection on a substrate comprising an adhesion layer, a transition layer, and a diamond-like carbon layer (abstract). The adhesion layer material is selected from Groups IV-VI and include Ti, Cr, and Si (Paragraph 30). The transition layer is a gradient layer containing the metal of the adhesion layer and free carbon and carbide phases such that the increase of the carbon content and reduction of the metal phase continue until a layer is formed that is exclusively of carbon and preferably hydrogen (Paragraphs 33-34). The gradient layer may be either continuous or a series of individual layers rich in metal and rich in carbon provided for a further reduction of layer stresses (Paragraph 33). This is considered to teach where the transition layer comprises plural layers (e.g. ones rich in metal and ones rich in carbon).
While not expressly teaching a singular example of the instantly claimed protective coating this would have been obvious to one of ordinary skill in the art before the effective filing date in view of the teachings of Massler as this is considered a conventionally known combination of layers known to form DLC coatings with reduced stress and one would have had a reasonable expectation of success.
Considering claims 2-4, Massler teaches the use of metals and Si (paragraph 30).
Considering claim 5, Massler teaches where a DLC slipping layer is included (Paragraphs 47-48) and where this comprises sp2 and sp3 bonded carbon (claim 2).
Considering claim 6, Massler teaches where the gradient is optionally continuous (Paragraph 33) (i.e. monotonic).
Considering claim 7, Massler teaches where the transition layer should be as gradual as possible of a transition between the adhesion layer and the DLC layer (Paragraph 73) which is accomplished by setting the appropriate ramp or slope of the materials during deposition (Paragraph 33) and where this counteracts the formation of cracks along a boundary of the metal and DLC (Paragraph 33) and this is considered a result effective variable determined through routine experimentation and one would have had a reasonable expectation of success and is considered to render obvious the claimed ranges.
Response to Arguments
Applicant’s arguments, see remarks pp. 6-7 section (I)(1), filed 26 December 2026, with respect to 35 USC 102(a)(1) rejections in view of Lin have been fully considered and are persuasive. The rejection of claims 1-4 has been withdrawn. Applicant has amended the claims to recite sub-layers not disclosed by Lin.
Applicant’s arguments, see remarks pp.7-8 section (I)(2), filed 26 December 2025, with respect to the rejection(s) of claim(s) 1-6 under 35 USC 102(a)(1) in view of Massler (US 2004/0038033) have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Abe et al. (JP2000-256850) under 35 USC 102(a)(1) and also in view of Massler under 35 USC 103 as outlined above. Applicant’s arguments are addressed as relevant to the instant Office action.
Applicant argues that Massler does not teach the amended limitation of where the blended layer comprises a plurality of sub-layers each corresponding to different ratios of the quantities of first material and DLC (remarks p.8, continuing paragraph – 1st full paragraph). This is not persuasive as Massler states where the gradient layer may be either continuous or a series of individual layers rich in metal and rich in carbon provided for a further reduction of layer stresses (Paragraph 33). This is considered to teach where the transition layer comprises plural layers (e.g. ones rich in metal and ones rich in carbon) and where this is done to reduce layer stress and therefore this is considered to render obvious the claimed protective coating.
Remarks regarding dependent claims 2-7 (pp.9-11) are noted, but no particular arguments are set forth regarding the merits of the claims over the teachings of Massler are found.
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 SETH DUMBRIS whose telephone number is (571)272-5105. The examiner can normally be reached M-F 6:00 AM - 3:30 PM.
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SETH DUMBRIS
Primary Examiner
Art Unit 1784
/SETH DUMBRIS/Primary Examiner, Art Unit 1784