Prosecution Insights
Last updated: April 19, 2026
Application No. 18/270,984

WELDED JOINT AND AUTOMOBILE MEMBER

Non-Final OA §112§DP
Filed
Jul 05, 2023
Examiner
NGUYEN, PHUONG T
Art Unit
3761
Tech Center
3700 — Mechanical Engineering & Manufacturing
Assignee
Nippon Steel Corporation
OA Round
1 (Non-Final)
74%
Grant Probability
Favorable
1-2
OA Rounds
3y 4m
To Grant
99%
With Interview

Examiner Intelligence

Grants 74% — above average
74%
Career Allow Rate
586 granted / 794 resolved
+3.8% vs TC avg
Strong +36% interview lift
Without
With
+36.5%
Interview Lift
resolved cases with interview
Typical timeline
3y 4m
Avg Prosecution
47 currently pending
Career history
841
Total Applications
across all art units

Statute-Specific Performance

§101
0.4%
-39.6% vs TC avg
§103
44.9%
+4.9% vs TC avg
§102
27.5%
-12.5% vs TC avg
§112
17.9%
-22.1% vs TC avg
Black line = Tech Center average estimate • Based on career data from 794 resolved cases

Office Action

§112 §DP
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. Information Disclosure Statement The information disclosure statement (IDS) submitted on 09/05/2023, 04/07/2025, 07/16/2025, 10/10/2025, and 02/12/2026. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner. Specification The abstract of the disclosure is objected to because it should avoid using phases which can be implied, such as, “This disclosure concerns”, “The disclosure defined by this invention”, “This disclosure describes”, “is disclosed”, “are disclosed”, “ the invention relates to ” etc. Correction is required. See MPEP 608.01 (b). In this case , the present abstract filed on 07/05/2023, the phrase “the present disclosure” should avoid of using. 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. Claims 1-17 are rejected under 35 U.S.C. 112(b) , as being indefinite for failing to particularly point out and distinctly claim the subject matter which applicant regards as the invention. In claim 1 : The limitation “ an area ratio of a η-Zn phase ”, is indefinite because it is unclear what “ an area ratio of a η-Zn phase ” is ; and The limitation “ Al composition ”, is indefinite because it is unclear what “ Al composition ” is. In claims 5-6 and 12-17 : the limitation “ the vehicle” as cited in line 2, is indefinite because lack of antecedent basis. Correction is required. Double Patenting The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the claims at issue are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg , 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman , 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi , 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum , 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel , 422 F.2d 438, 164 USPQ 619 (CCPA 1970); and In re Thorington , 418 F.2d 528, 163 USPQ 644 (CCPA 1969). A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on a nonstatutory double patenting ground provided the reference application or patent either is shown to be commonly owned with this application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b). The USPTO internet Web site contains terminal disclaimer forms which may be used. Please visit http://www.uspto.gov/forms/. The filing date of the application will determine what form should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to http://www.uspto.gov/patents/process/file/efs/guidance/eTD-info-I.jsp. Claims 1-17 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-18 of copending Application No. 18271349 . Although the claims at issue are not identical , such as an area ratio of a η-Zn phase of present application is difference with an area ratio of a MgZn.sub.2 of the copending application 18271349 … see the table below. However they are not patentably distinct from each other because the claimed subject matter of the present applicant and that of copending Application No. 18271349 are substantially the same and the claimed subject matter of the present application would have been obvious to one of ordinary skill in the art substitute an area ratio of a η-Zn phase of the present application, by using an area ratio of a MgZn.sub.2 phase , as taught by copending Application No. 18271349 , in order to provide improvement regarding achievement of both inhibition of LME cracking and securing of corrosion resistance in welded joints [Par.0007, copending Application No. 18271349 ] . Present application 18270984 C opending application 18271349 1. A welded joint comprising a first steel sheet, a second steel sheet, and a spot welded part joining the first steel sheet and the second steel sheet, wherein, a first plating layer is provided on a surface of the first steel sheet facing the second steel sheet, no plating layer is present on or a second plating layer is provided on a surface of the second steel sheet facing the first steel sheet, the spot welded part has a nugget and corona bond, a boundary plating layer is provided between the first steel sheet and the second steel sheet in a range of 0.5 mm from an end part of the corona bond toward an outside of the spot welded part, a higher tensile strength of a tensile strength of the first steel sheet and a tensile strength of the second steel sheet is 780 MPa or more, an area ratio of a η-Zn phase at a cross-section of the boundary plating layer is 5% or more, and the first plating layer and the second plating layer satisfy the following Relations I and II: Relation I: 0.030≥[(Al composition of the first plating layer (mass %))×(amount of deposition of the first plating layer (g/m.sup.2))+(Al composition of the second plating layer (mass %))×(amount of deposition of the second plating layer (g/m.sup.2))]/[(Zn composition of the first plating layer (mass %))×(amount of deposition of the first plating layer (g/m.sup.2))+(Zn composition of the second plating layer (mass %))×(amount of deposition of the second plating layer (g/m.sup.2))]≥0.003 Relation II: 0.001≥[(Mg composition of the first plating layer (mass %))×(amount of deposition of the first plating layer (g/m.sup.2))+(Mg composition of the second plating layer (mass %))×(amount of deposition of the second plating layer (g/m.sup.2))]/[(Zn composition of the first plating layer (mass %))×(amount of deposition of the first plating layer (g/m.sup.2))+(Zn composition of the second plating layer (mass %))×(amount of deposition of the second plating layer (g/m.sup.2))] where, if no second plating layer is present, the Al composition, Zn composition, Mg composition and amount of deposition of the second plating layer are 0 . 2. The welded joint according to claim 1, wherein the first plating layer and the second plating layer satisfy the following Relation I-1: Relation I-1: 0.010≥[(Al composition of the first plating layer (mass %))×(amount of deposition of the first plating layer (g/m.sup.2))+(Al composition of the second plating layer (mass %))×(amount of deposition of the second plating layer (g/m.sup.2))]/[(Zn composition of the first plating layer (mass %))×(amount of deposition of the first plating layer (g/m.sup.2))+(Zn composition of the second plating layer (mass %))×(amount of deposition of the second plating layer (g/m.sup.2))]≥0.003. 3. The welded joint according to claim 1, wherein the boundary plating layer has one or more oxides with a long diameter of 0.5 μm or more. 4. The welded joint according to claim 1, wherein the welded joint has an internal oxide layer of a depth of 1.5 μm or more and 20.0 μm or less on the surface side of the first steel sheet facing the second steel sheet. 5. An automobile member comprising the welded joint of claim 1, wherein the first steel sheet is arranged at the outer side of the vehicle, the second steel sheet is arranged at the inner side of the vehicle, and the Al composition of the second plating layer is lower than the Al composition of the first plating layer. 6. An automobile member comprising the welded joint of claim 1, wherein the first steel sheet is arranged at the outer side of the vehicle, the second steel sheet is arranged at the inner side of the vehicle, and the Mg composition of the second plating layer is lower than the Mg composition of the first plating layer. 7. The automobile member according to claim 5, wherein the [Al composition of first plating layer (mass %)] /[ Zn composition of first plating layer (mass %)] is larger than 0.030. 8. The automobile member according to claim 6, wherein the [Mg composition of first plating layer (mass %)] /[ Zn composition of first plating layer (mass %)] is larger than 0.001. 9. The welded joint according to claim 2, wherein the boundary plating layer has one or more oxides with a long diameter of 0.5 μm or more. 10. The welded joint according to claim 2, wherein the welded joint has an internal oxide layer of a depth of 1.5 μm or more and 20.0 μm or less on the surface side of the first steel sheet facing the second steel sheet. 11. The welded joint according to claim 3, wherein the welded joint has an internal oxide layer of a depth of 1.5 μm or more and 20.0 μm or less on the surface side of the first steel sheet facing the second steel sheet. 12. An automobile member comprising the welded joint of claim 2, wherein the first steel sheet is arranged at the outer side of the vehicle, the second steel sheet is arranged at the inner side of the vehicle, and the Al composition of the second plating layer is lower than the Al composition of the first plating layer. 13. An automobile member comprising the welded joint of claim 3, wherein the first steel sheet is arranged at the outer side of the vehicle, the second steel sheet is arranged at the inner side of the vehicle, and the Al composition of the second plating layer is lower than the Al composition of the first plating layer. 14. An automobile member comprising the welded joint of claim 4, wherein the first steel sheet is arranged at the outer side of the vehicle, the second steel sheet is arranged at the inner side of the vehicle, and the Al composition of the second plating layer is lower than the Al composition of the first plating layer. 15. An automobile member comprising the welded joint of claim 2, wherein the first steel sheet is arranged at the outer side of the vehicle, the second steel sheet is arranged at the inner side of the vehicle, and the Mg composition of the second plating layer is lower than the Mg composition of the first plating layer. 16. An automobile member comprising the welded joint of claim 3, wherein the first steel sheet is arranged at the outer side of the vehicle, the second steel sheet is arranged at the inner side of the vehicle, and the Mg composition of the second plating layer is lower than the Mg composition of the first plating layer. 17. An automobile member comprising the welded joint of claim 4, wherein the first steel sheet is arranged at the outer side of the vehicle, the second steel sheet is arranged at the inner side of the vehicle, and the Mg composition of the second plating layer is lower than the Mg composition of the first plating layer. 1. A welded joint comprising a first steel sheet, a second steel sheet, and a spot welded part joining the first steel sheet and the second steel sheet, wherein, a first plating layer is provided on a surface of the first steel sheet facing the second steel sheet, no plating layer is present on or a second plating layer is provided on a surface of the second steel sheet facing the first steel sheet, the spot welded part has a nugget and corona bond, a boundary plating layer is provided between the first steel sheet and the second steel sheet in a range of 0.5 mm from an end part of the corona bond toward an outside of the spot welded part, a higher tensile strength of a tensile strength of the first steel sheet and a tensile strength of the second steel sheet is 780 MPa or more, an area ratio of a MgZn.sub.2 phase at the cross-section of the boundary plating layer is 10% or more, and the first plating layer and the second plating layer satisfy the following Relation I: 0.30≥[(Mg composition of the first plating layer (mass %))×(amount of deposition of the first plating layer (g/m.sup.2))+(Mg composition of the second plating layer (mass %))×(amount of deposition of the second plating layer (g/m.sup.2))]/[(Zn composition of the first plating layer (mass %))×(amount of deposition of the first plating layer (g/m.sup.2))+(Zn composition of the second plating layer (mass %))×(amount of deposition of the second plating layer (g/m.sup.2))]≥0.06 Relation I: where, if no second plating layer is present, the Mg composition, Zn composition, and amount of deposition of the second plating layer are 0 . 2. The welded joint according to claim 1, wherein the area ratio of the MgZn.sub.2 phase at the cross-section of the boundary plating layer is 60% or more. 3. The welded joint according to claim 1, wherein the boundary plating layer has one or more oxides with a long diameter of 0.5 μm or more. 4. The welded joint according to claim 1, wherein the welded joint has an internal oxide layer of a depth of 1.5 μm or more and 20.0 μm or less on the surface side of the first steel sheet facing the second steel sheet. 5. An automobile member comprising the welded joint of claim 1, wherein the first steel sheet is arranged at the outer side of the vehicle, the second steel sheet is arranged at the inner side of the vehicle, and the Mg composition of the second plating layer is lower than the Mg composition of the first plating layer. 6. The automobile member according to claim 5, wherein the [Mg composition of first plating layer (mass %)] /[ Zn composition of first plating layer (mass %)] is larger than 0.30. 7. The welded joint according to claim 2, wherein the boundary plating layer has one or more oxides with a long diameter of 0.5 μm or more. 8. The welded joint according to claim 2, wherein the welded joint has an internal oxide layer of a depth of 1.5 μm or more and 20.0 μm or less on the surface side of the first steel sheet facing the second steel sheet. 9. The welded joint according to claim 3, wherein the welded joint has an internal oxide layer of a depth of 1.5 μm or more and 20.0 μm or less on the surface side of the first steel sheet facing the second steel sheet. 10. An automobile member comprising the welded joint of claim 2, wherein the first steel sheet is arranged at the outer side of the vehicle, the second steel sheet is arranged at the inner side of the vehicle, and the Mg composition of the second plating layer is lower than the Mg composition of the first plating layer. 11. An automobile member comprising the welded joint of claim 3, wherein the first steel sheet is arranged at the outer side of the vehicle, the second steel sheet is arranged at the inner side of the vehicle, and the Mg composition of the second plating layer is lower than the Mg composition of the first plating layer. 12. An automobile member comprising the welded joint of claim 4, wherein the first steel sheet is arranged at the outer side of the vehicle, the second steel sheet is arranged at the inner side of the vehicle, and the Mg composition of the second plating layer is lower than the Mg composition of the first plating layer. 13. The automobile member according to claim 10, wherein the [Mg composition of first plating layer (mass %)] /[ Zn composition of first plating layer (mass %)] is larger than 0.30. 14. The automobile member according to claim 11, wherein the [Mg composition of first plating layer (mass %)] /[ Zn composition of first plating layer (mass %)] is larger than 0.30. 15. The automobile member according to claim 12, wherein the [Mg composition of first plating layer (mass %)] /[ Zn composition of first plating layer (mass %)] is larger than 0.30. 16. An automobile member comprising the welded joint of claim 7, wherein the first steel sheet is arranged at the outer side of the vehicle, the second steel sheet is arranged at the inner side of the vehicle, and the Mg composition of the second plating layer is lower than the Mg composition of the first plating layer. 17. An automobile member comprising the welded joint of claim 8, wherein the first steel sheet is arranged at the outer side of the vehicle, the second steel sheet is arranged at the inner side of the vehicle, and the Mg composition of the second plating layer is lower than the Mg composition of the first plating layer. 18. An automobile member comprising the welded joint of claim 9, wherein the first steel sheet is arranged at the outer side of the vehicle, the second steel sheet is arranged at the inner side of the vehicle, and the Mg composition of the second plating layer is lower than the Mg composition of the first plating layer. This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented. Allowable Subject Matter The following is a statement of reasons for allowance : The incoming written opinion filed on 07/05/2023 has been fully considered and it is not agreed, the prior art JP-2011117041-A, JP-2004018971-A, JP-2020179413-A, WO-2019116531-A1, and/or JP-2019504196-A does not anticipate or render fairly obvious in combination to teach the limitation as cited in the independent claim 1 such as … a spot welded part joining the first steel sheet and the second steel sheet,… a boundary plating layer is provided between the first steel sheet and the second steel sheet in a range of 0.5 mm from an end part of the corona bond toward an outside of the spot welded part, a higher tensile strength of a tensile strength of the first steel sheet and a tensile strength of the second steel sheet is 780 MPa or more, an area ratio of a n-Zn phase at a cross-section of the boundary plating layer is 5% or more … Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to FILLIN "Examiner name" \* MERGEFORMAT PHUONG T NGUYEN whose telephone number is FILLIN "Phone number" \* MERGEFORMAT (571)270-1834 . The examiner can normally be reached FILLIN "Work Schedule?" \* MERGEFORMAT 9.00am-5.00pm . If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Steven Crabb can be reached on 571-270-5095. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /PHUONG T NGUYEN/ Primary Examiner, Art Unit 3761 03/22/2026
Read full office action

Prosecution Timeline

Jul 05, 2023
Application Filed
Mar 22, 2026
Non-Final Rejection — §112, §DP (current)

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

1-2
Expected OA Rounds
74%
Grant Probability
99%
With Interview (+36.5%)
3y 4m
Median Time to Grant
Low
PTA Risk
Based on 794 resolved cases by this examiner. Grant probability derived from career allow rate.

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