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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 4/30/26 has been entered.
Election/Restrictions
Claims 24-26, 31, 36-37 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 6/18/25.
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 16-1 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.
Claim 16 is vague and indefinite because it is not clear if the precursor (line 10) is a sol precursor or any precursor. The examiner suggests the alternate language --precursor thereof--.
Claim 17 lacks antecedent basis for “the continuous inorganic oxide network”.
Claims 18-19, 28 are Markush groups with an open list of alternatives. MPEP 2173.05(h).
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 34-35, 39-40 is/are rejected under 35 U.S.C. 103 as being unpatentable over Demnati (EP 3231894).
Demnati teaches a method for applying a primer to a steel substrate before application of enamel [0039]. The primer comprises metal, metal oxides, or metal salts in a solvent [0044] and an inorganic binder [0053-0054]. This primer material is confined to the interface between the steel surface and enamel surface [0019 (Fig. 1)].
Demnati does not teach the thickness of the primer layer.
However, Demnati does teach the primer is applied as a thin coating layer [0043] and improves adherence based on amount [0058]. Because layer thickness is related to amount, the layer thickness is found to be obvious through routine optimization of this result effective variable.
Demnati does not teach the thickness of the enamel layer.
However, Demnati does show an SEM cross-section of the enameled steel including a 100µm scale (Fig. 1, left image) where the enamel layer is shown to be slightly over 100 µm in thickness.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to practice the method of Demnati and arrive at the appropriate thicknesses for each layer through routine optimization and analysis of the SEM images.
Allowable Subject Matter
Claims 16-20, 27-30, 32-33, 38 are otherwise allowable assuming the above 112 issues can be resolved in a manner that does not broaden the claims.
Response to Arguments
Applicant’s argument with respect to claim 16, combined with the co-filed claim amendments are found to be persuasive. The arguments with respect to claims 34-35 are not persuasive for the reasons detailed in the above rejection.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ALEX A ROLLAND whose telephone number is (571)270-5355. The examiner can normally be reached M-F 10-6:30.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Curtis Mayes can be reached at 5712721234. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ALEX A ROLLAND/Primary Examiner, Art Unit 1759
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