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.
Election/Restrictions
Applicant’s election without traverse of Group I claims 1-10 in the reply filed on 16 February 2026 is acknowledged.
Claims 11-14 withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected group, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 16 February 2026.
It is noted that Applicant referred to Group I claim 1-11 in the election. The Examiner believes this to be claim 1-10 as indicated in the restriction requirement and restated by Applicant in the reply.
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 1-10 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.
As to claim 1, the recitation “oxide or nitride of nickel and iron” is indefinite because it is not clear what particular combinations are required of the nickel and iron metals. For example, as drafted, the possibility that iron is not provided as an oxide or nitride is permitted, if the oxide is an alloy of nickel and iron, if the layer is an oxide -or “nitride of nickel and iron”, or the like.
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 1-9 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Wohlfarth et al (US 2019/0376200 A1).
As to claim 1, Wohlfarth discloses a method for electroplating an article with metal (Title with citations drawn to the specific Test Example 4), comprising
the step of applying current ([0214] “applying a current…”) in a plating bath comprising ions of the metal (basic bath as described at [0195]-[0203]) and an organic compound additive (complexing agent [0199]-[0200], brightening agents [0201]-[0203], [0204] with the specific chemicals) ,
wherein the plating bath comprises
the article as a cathode ([0207] cathode material) and
a conductive substrate (Anode 4 [0212]) having a layer comprising oxide or nitride of nickel ([0212 “manganese-nickel oxide) and iron formed on a surface thereof as an anode ([0212] steel sheet which inherently contains iron).
As to claim 2, Wohlfarth disclose wherein the metal comprises zinc ([0196]).
As to claim 3, Wohlfarth discloses wherein the plating bath is an alkaline plating bath (Title “alkaline coating bath”, [0073], [0083] “alkaline zinc-nickel electrolyte SLOTOLOY ZN 80…” which is the same electrolyte used in [0195]).
As to claim 4, Wohlfarth discloses wherein the conductive substrate is iron (steel cited above).
As to claim 5, Wohlfarth discloses wherein a zinc alloy film is formed on a surface of the article ([0217] “after applying a current…the amount of zinc-nickel alloy present…”).
As to claims 6 and 7, Wohlfarth discloses wherein the additives comprise amine-based chelating agents and brightening agents ([0199]-[0204] specifically diethylenetriamine, triethanol amine, tetrahydroxypropyl ethylenediamine which is an alkyleneamine and alkanolamine, and the alkylene oxide adduct compounds as required by instant claim 7).
As to claims 8 and 9, Wohlfarth further discloses wherein the layer comprising the oxide or nitride is formed by a conductive substrate comprising iron and having a plating film containing nickel ([0213] “The steel sheet was then first of all thermally sprayed with nickel by means of arc spraying in order to improve the primer layer.” Which reads on the option of “the plating film comprises nickel” of instant claim 9).
Allowable Subject Matter
Claim 10 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The prior art fails to anticipate or render obvious the cumulative limitations of instant claim 10, particularly requiring both phosphorous atoms and boron atoms in the oxide or nitride layers.
The most relevant prior art is deemed to be Wohlfarth as cited above which fails to disclose or suggest the use of phosphorous within the anode.
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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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Luan Van can be reached at 571-272-8521. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/LOUIS J RUFO/ Primary Examiner, Art Unit 1795