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 .
Claim Objections
Claims 23-33 are objected to because of the following informalities:
In claim 23, line 3, “inferior to” should read –less than–.
In claim 23, line 4, “inferior to” should read –less than–.
In claim 23, last line, “a first face” should read –the first face–.
In claim 23, last line, “a second face” should read –the second face–.
In claims 24-26 and 28-32, please add a comma after “as recited in claim [xx]”.
In claim 27, line 3, “chemcial” should read --chemical–.
In claim 33, line 2, “a tin coated steel strip” should read –the tin coated steel sheet–.
Appropriate correction is required.
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 23-33 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.
A broad range or limitation together with a narrow range or limitation that falls within the broad range or limitation (in the same claim) may be considered indefinite if the resulting claim does not clearly set forth the metes and bounds of the patent protection desired. See MPEP § 2173.05(c). In the present instance, claim 23 recites the broad recitation “a chemical composition in weight percent comprising”, and the claim also recites “a balance consisting of” which is the narrower statement of the range/limitation. The transitional term "comprising", which is synonymous with "including" or "containing," is inclusive or open-ended and does not exclude additional, unrecited elements or method steps. The transitional phrase "consisting of" excludes any element, step, or ingredient not specified in the claim. See MPEP 2111.03. While the limitation “a balance consisting of” suggest a closed composition, the chemical composition is still “comprising,” which is open-ended. Therefore, it is unclear whether the composition is open or closed to additional unrecited elements. For the purposes of examination, claim 23 is given the broadest reasonable interpretation such that the chemical composition is comprising and is open to additional unrecited elements. Examiner recommends amending “a balance consisting of” to –a balance of–.
Claim 24-33 are dependent on claim 23 and are therefore also rejected for the same reasons.
Allowable Subject Matter
Claims 23-33 would be allowable if rewritten or amended 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.
The following is a statement of reasons for the indication of allowable subject matter:
Regarding claim 23, the prior art fails to disclose or fairly suggest the tin coated steel sheet as recited. In particular, the closest prior art, Hiraoka et al. (JP H09-194993), hereinafter Hiraoka, wherein an English machine translation is used and cited herein, teaches an Sn-plated steel sheet for cans, the steel sheet having a chemical composition comprising, by weight, ≤0.20% C, ≤1.0% Mn, ≤0.0070% B, ≤0.0150% N, ≤0.100% S, ≤0.15% P, ≤0.5% Si, ≤0.150% Al, ≤0.10% Nb, ≤0.105 Ti, and a balance of Fe and inevitable impurities (Abstract, [0010], [0012]-[0013], [0015]-[0018], [0022], [0024]-[0025]), which overlaps with the instantly claimed chemical composition ranges. Hiraoka further discloses wherein the steel sheet has a first and second face ([0010], [0025], Fig. 1) and a thickness of 0.23 mm ([0026]). However, Hiraoka fails to teach or adequately suggest the features of a yield strength lower than 400 MPa, an average grain aspect ratio below 1.5, a strain hardening coefficient below 1.5, a ferritic microstructure with a mean grain size from 5 to 15 µm, and a tin coating from 0.5 to 4.0 g.m-2 on the first face and from 2.8 to 11.2 g.m-2 on the second face, as required by claim 23. Thus, claim 23 is distinct over the teachings of the prior art. Claims 24-33 further limit the subject matter of claim 23 and are thus also distinct over the teachings of the prior art.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANTHONY M LIANG whose telephone number is (571)272-0483. The examiner can normally be reached M-F: 9:00am-5:00pm.
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/ANTHONY M LIANG/Primary Examiner, Art Unit 1734