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 .
Election
Applicant's election with traverse of Group 1 (claims 1, 2, and 4-20) in the reply filed on 16 March 2026 is acknowledged. The traversal is on the ground(s) that the two groups are not subcombinations useable together but part of the same method, and that there would not be a serious search burden. This is not found persuasive because both inventions are usable together. Parts containing magnesium and parts containing aluminum could be included together in the method. Also, the subcombinations are distinct if they do not overlap in scope and are not obvious variants, and if it is shown that at least one subcombination is separately usable, see MPEP 806.05. In the instant case, Group 2 (claims 1 and 3-8) has separate utility such as use in a medical device as it contains magnesium which is biodegradable unlike Group 1 which contains aluminum which is not biodegradable.
Additionally, applicant asserts that there would not be a serious search burden because Group 1 and Group 2 both depend from claim 1. Examiner maintains that a serious search burden would be required as the inventions require a different field of search and would require searching of different classes/subclasses as Group 1 is classified in C22B7/004 and Group 2 is classified in C22B26/00.
The requirement is still deemed proper and is therefore made FINAL.
Claim 3 is withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected method of processing mixed-material where the first group of parts comprises a first alloy comprising magnesium, there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on 16 March 2026.
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.
The term “about” in claims 6, 8, 12, 14, 16, 19, and 20 is a relative term which renders the claim indefinite. The term “about” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention.
Claims 6, 12, 19, and 20 claim a thickness of the claimed coating between “about” 2 µm to 10 µm. It is unclear if these claims would encompass only thicknesses between 2 and 10 µm or if they would encompass other thicknesses that are outside of this range.
Claims 8, 14, and 16 claim heating the mixed-material vehicle scrap to a temperature between “about” 450 °C and “about” 600 °C for up to “about” 60 minutes. It is unclear if these claims would encompass only temperatures between 450 and 600 °C or if they would encompass temperatures outside of this range. It is also unclear if amounts up to 60 minutes would be the only times encompassed by these claims, or if other times would be included, for example, slightly above 60.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 1, 2, 5, 8, 9, 11, and 14 are rejected under 35 U.S.C. 103 as being unpatentable over US2005262967 of Leon in view of DE102008056812 of Pillkahn.
Claim 1 claims a method of processing mixed-material vehicle scrap, the mixed- material vehicle scrap comprising a first group of parts and a second group of parts, the first group of parts comprising a first alloy and the second group of parts comprising a second alloy, each of the second plurality of parts having a substrate comprising the second alloy and a coating disposed over the substrate, the method comprising: conditioning the mixed-material vehicle scrap such that an element of the second alloy is diffused into the coating to form a diffused coating, the diffused coating having a melting temperature greater than a melting temperature of the first alloy; and heating the mixed-material vehicle scrap to a temperature above the melting temperature of the first alloy and below the melting temperature of the diffused coating, thereby allowing the second group of parts to separate from the first group of parts.
Leon teaches a method of recycling brazing sheet in the same field of endeavor as the claimed invention. Leon provides a method of separating and recycling metallic clad materials comprising providing a feedstock of metallic clad materials having at least a first and a second metal or metal alloy, the first and second metals or metal alloys having different melting temperatures; heating the feedstock in a furnace to effect melting of the metal having the lowest melting temperature, to produce at least a first molten metal and a second unmelted metal; and removing the first molten metal from the furnace, Para[0019]. Leon teaches that the method is suitable for galvanized steel (zinc coating on a steel sheet), Para[0020]. Leon does not teach conditioning the metal scrap material such that the second alloy is diffused into the coating to form a diffused coating.
Pillkahn teaches processing steel scrap, comprises introducing steel scrap in e.g. alkaline solution, separating solution, preheating steel scrap using waste gases, introducing steel scrap in melting furnace, and removing originating waste gases in the same field of endeavor as the claimed invention. Pillkahn discloses that Galvanized steel scrap can also be heated to a relatively high temperature above the melting point of zinc of 419°C, for example to a temperature of at least 500 or 600°C, before being introduced into the alkaline solution. The period during which the scrap steel is held at this temperature should preferably be approximately 10 to 15 minutes. The heating causes the zinc to diffuse from the zinc coating into the steel and iron from the steel into the zinc coating, thereby increasing the electrical contact between the metals at the surface and thus increasing the galvanic corrosion resistance of the steel scrap, Para[0019]. Therefore, it would be obvious to one of ordinary skill in the art to condition the scrap material, during the method taught by Leon, such that the second alloy is diffused into the coating, as taught by Pillkahn, in order to increase the galvanic corrosion resistance of the material. Thus, Leon in view of Pillkahn teaches all limitations of claim 1.
Claim 2 further limits claim 1 by claiming that the first alloy comprises an aluminum alloy.
Leon teaches that suitable clad materials include, but are not limited to, clad aluminum alloys such as brazing sheet, aluminum-steel composite sheets (aluminum alloy clad on a steel core), Para[0020]. Therefore, Leon teaches the aluminum alloy limitation. Thus, Leon in view of Pillkahn covers all limitations of claim 2.
Claim 5 further limits claim 1 by claiming that the coating comprises a zinc alloy.
Leon teaches that suitable clad materials include, but are not limited to, galvanized steel (zinc coating on a steel sheet), Para[0020]. Therefore, Leon teaches the zinc alloy limitation. Thus, Leon in view of Pillkahn covers all limitations of claim 5.
Claim 8 further limits claim 1 by claiming that conditioning the mixed-material vehicle scrap comprises heating the mixed-material vehicle scrap to a temperature between about 450°C and about 600°C for up to about 60 minutes.
Leon does not teach heating in this temperature range.
Pillkahn discloses that Galvanized steel scrap can also be heated to a relatively high temperature above the melting point of zinc of 419°C, for example to a temperature of at least 500 or 600°C, before being introduced into the alkaline solution. The period during which the scrap steel is held at this temperature should preferably be approximately 10 to 15 minutes. The heating causes the zinc to diffuse from the zinc coating into the steel and iron from the steel into the zinc coating, thereby increasing the electrical contact between the metals at the surface and thus increasing the galvanic corrosion resistance of the steel scrap, Para[0019]. The values for temperature and time taught by Pillkahn overlap with the claimed ranges. In the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists, see MPEP 2144.05. Therefore, it would be obvious to one of ordinary skill in the art to condition the scrap material, during the method taught by Leon, with the temperature and time conditions taught by Pillkahn in order to increase the galvanic corrosion resistance of the material. Thus, Leon in view of Pillkahn covers all limitations of claim 8.
Claim 9 claims a method of processing mixed-material vehicle scrap, the mixed- material vehicle scrap comprising aluminum parts and steel parts, each of the steel parts comprising a steel substrate and a coating disposed over the steel substrate, the method comprising: conditioning the mixed-material vehicle scrap such that iron from each of the steel parts is diffused into each of the coatings to form a diffusion layer, the diffusion layer having a melting temperature greater than a melting temperature of the aluminum alloy; and heating the mixed-material vehicle scrap to a temperature above the melting temperature of the aluminum alloy and below the melting temperature of the diffusion layer, thereby allowing the steel parts to separate from the aluminum parts.
Leon provides a method of separating and recycling metallic clad materials comprising providing a feedstock of metallic clad materials having at least a first and a second metal or metal alloy, the first and second metals or metal alloys having different melting temperatures; heating the feedstock in a furnace to effect melting of the metal having the lowest melting temperature, to produce at least a first molten metal and a second unmelted metal; and removing the first molten metal from the furnace, Para[0019]. Leon teaches that the method is suitable for aluminum parts and galvanized steel (zinc coating on a steel sheet), Para[0020]. Leon does not teach conditioning the metal scrap material such that the second alloy is diffused into the coating to form a diffused coating.
Pillkahn teaches processing steel scrap, comprises introducing steel scrap in e.g. alkaline solution, separating solution, preheating steel scrap using waste gases, introducing steel scrap in melting furnace, and removing originating waste gases in the same field of endeavor as the claimed invention. Pillkahn discloses that Galvanized steel scrap can also be heated to a relatively high temperature above the melting point of zinc of 419°C, for example to a temperature of at least 500 or 600°C, before being introduced into the alkaline solution. The period during which the scrap steel is held at this temperature should preferably be approximately 10 to 15 minutes. The heating causes the zinc to diffuse from the zinc coating into the steel and iron from the steel into the zinc coating, thereby increasing the electrical contact between the metals at the surface and thus increasing the galvanic corrosion resistance of the steel scrap, Para[0019]. Therefore, it would be obvious to one of ordinary skill in the art to condition the scrap material, during the method taught by Leon, such that iron from the scrap steel is diffused into the zinc coating, as taught by Pillkahn, in order to increase the galvanic corrosion resistance of the material. Thus, Leon in view of Pillkahn covers all limitations of claim 9.
Claim 11 further limits claim 9 by claiming that the coating comprises a zinc alloy.
Leon teaches that suitable clad materials include, but are not limited to, galvanized steel (zinc coating on a steel sheet), Para[0020]. Therefore, Leon teaches the zinc alloy limitation. Thus, Leon in view of Pillkahn covers all limitations of claim 11.
Claim 14 further limits claim 9 by claiming that conditioning the mixed-material vehicle scrap comprises heating the mixed-material vehicle scrap to a temperature between about 450°C and about 600°C for up to about 60 minutes.
Leon does not teach heating in this temperature range.
Pillkahn discloses that Galvanized steel scrap can also be heated to a relatively high temperature above the melting point of zinc of 419°C, for example to a temperature of at least 500 or 600°C, before being introduced into the alkaline solution. The period during which the scrap steel is held at this temperature should preferably be approximately 10 to 15 minutes. The heating causes the zinc to diffuse from the zinc coating into the steel and iron from the steel into the zinc coating, thereby increasing the electrical contact between the metals at the surface and thus increasing the galvanic corrosion resistance of the steel scrap, Para[0019]. The values for temperature and time taught by Pillkahn overlap with the claimed ranges. In the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists, see MPEP 2144.05. Therefore, it would be obvious to one of ordinary skill in the art to condition the scrap material, during the method taught by Leon, with the temperature and time conditions taught by Pillkahn in order to increase the galvanic corrosion resistance of the material. Thus, Leon in view of Pillkahn covers all limitations of claim 14.
Claims 4 and 10 are rejected under 35 U.S.C. 103 as being unpatentable over US2005262967 of Leon in view of DE102008056812 of Pillkahn, as cited above, further in view of US2016145704 of Kawasaki.
Claim 4 further limits claim 1 by claiming that the coating is applied with an electrocoating process.
Leon and Pillkahn do not teach the use of electrocoating.
Kawasaki teaches a hot-stamped part and method of manufacturing the same in a similar field of endeavor as the claimed invention. Kawasaki discloses that a steel sheet for hot stamping may be provided with a plating layer. The plating layer contributes to enhancement of corrosion resistance, for example. The plating layer may be an electroplating layer, Para[0165]. Therefore, it would be obvious to one of ordinary skill in the art to apply the electroplating layer taught by Kawasaki to the steel parts taught by Leon and Pillkahn in order to enhance corrosion resistance. Thus, Leon in view of Pillkahn further in view of Kawasaki covers all limitations of claim 4.
Claim 10 further limits claim 9 by claiming that the coating is applied with an electrocoating process.
Leon and Pillkahn do not teach the use of electrocoating.
Kawasaki teaches a hot-stamped part and method of manufacturing the same in a similar field of endeavor as the claimed invention. Kawasaki discloses that a steel sheet for hot stamping may be provided with a plating layer. The plating layer contributes to enhancement of corrosion resistance, for example. The plating layer may be an electroplating layer, Para[0165]. Therefore, it would be obvious to one of ordinary skill in the art to apply the electroplating layer taught by Kawasaki to the steel parts taught by Leon and Pillkahn in order to enhance corrosion resistance. Thus, Leon in view of Pillkahn further in view of Kawasaki covers all limitations of claim 10.
Claims 6 and 12 are rejected under 35 U.S.C. 103 as being unpatentable over US2005262967 of Leon in view of DE102008056812 of Pillkahn, as cited above, further in view of DE602004002633 of Endo.
Claim 6 further limits claim 1 by claiming that the coating has a thickness between about 2 microns and 10 microns.
Leon and Pillkahn do not teach a coating thickness.
Endo teaches chromium-free agent for the treatment of metal surfaces in a similar field of endeavor as the claimed invention. Endo discloses that when the chromium-free metal surface treatment agent of the present invention is combined with electroplating, a thin rust-inhibiting coating in a thickness including the thickness of plating of not more than 10 µm can achieve an excellent rust-inhibiting property, Para[0029]. This range overlaps with the claimed range. In the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists, see MPEP 2144.05. Therefore, it would be obvious to one of ordinary skill in the art to produce the zinc coating taught by Pillkahn with the thickness taught by Endo in order to achieve an excellent rust-inhibiting property. Thus, Leon in view of Pillkahn further in view of Endo covers all limitations of claim 6.
Claim 12 further limits claim 9 by claiming that the coating has a thickness between about 2 microns and 10 microns.
Leon and Pillkahn do not teach a coating thickness.
Endo teaches chromium-free agent for the treatment of metal surfaces in a similar field of endeavor as the claimed invention. Endo discloses that when the chromium-free metal surface treatment agent of the present invention is combined with electroplating, a thin rust-inhibiting coating in a thickness including the thickness of plating of not more than 10 µm can achieve an excellent rust-inhibiting property, Para[0029]. This range overlaps with the claimed range. In the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists, see MPEP 2144.05. Therefore, it would be obvious to one of ordinary skill in the art to produce the zinc coating taught by Pillkahn with the thickness taught by Endo in order to achieve an excellent rust-inhibiting property. Thus, Leon in view of Pillkahn further in view of Endo covers all limitations of claim 12.
Claims 7, 13, 16, and 18 are rejected under 35 U.S.C. 103 as being unpatentable over US2005262967 of Leon in view of DE102008056812 of Pillkahn, as cited above, further in view of WO202209135 of Sengoku.
Claim 7 further limits claim 1 by claiming that the diffused coating comprises gamma phase constituents.
Leon and Pillkahn do not teach gamma phase constituents.
Sengoku teaches a Zn-plated hot-stamped molded article in a similar field of endeavor as the claimed invention. Sengoku discloses that the gamma phase is a metal phase mainly composed of Fe3Zn10, which is a metal compound of Fe and Zn. By forming the upper layer on the surface layer side with a two-phase structure of the gamma phase and the Fe—Zn solid solution, the corrosion resistance after coating is improved, Para[0035]. Therefore, it would be obvious to one of ordinary skill in the art to produce a diffuse coating as taught by Sengoku in the scrap steel parts taught by Leon in view of Pillkahn in order to improve corrosion resistance. Thus, Leon in view of Pillkahn further in view of Sengoku covers all limitations of claim 7.
Claim 13 further limits claim 9 by claiming that the diffused coating comprises gamma phase constituents.
Leon and Pillkahn do not teach gamma phase constituents.
Sengoku teaches a Zn-plated hot-stamped molded article in a similar field of endeavor as the claimed invention. Sengoku discloses that the gamma phase is a metal phase mainly composed of Fe3Zn10, which is a metal compound of Fe and Zn. By forming the upper layer on the surface layer side with a two-phase structure of the gamma phase and the Fe—Zn solid solution, the corrosion resistance after coating is improved, Para[0035]. Therefore, it would be obvious to one of ordinary skill in the art to produce a diffuse coating as taught by Sengoku in the scrap steel parts taught by Leon in view of Pillkahn in order to improve corrosion resistance. Thus, Leon in view of Pillkahn further in view of Sengoku covers all limitations of claim 13.
Claim 16 claims a method of processing mixed-material vehicle scrap, the mixed- material vehicle scrap comprising aluminum parts and steel parts, the aluminum parts comprising an aluminum alloy and each of the steel parts comprising a steel substrate and a coating, the method comprising: conditioning the mixed-material vehicle scrap by heating the mixed-material vehicle scrap to a temperature between about 4500C and about 6000C for up to about 60 minutes such that iron from each of the steel parts is diffused into each of the coatings to form a gamma phase diffusion layer, the gamma phase diffusion layer comprising intermetallic constituents and having a melting temperature greater than a melting temperature of the aluminum alloy; heating the mixed-material vehicle scrap to a temperature above the melting temperature of the aluminum alloy and below the melting temperature of the diffusion layer, thereby allowing the steel parts to separate from the aluminum parts.
Leon provides a method of separating and recycling metallic clad materials comprising providing a feedstock of metallic clad materials having at least a first and a second metal or metal alloy, the first and second metals or metal alloys having different melting temperatures; heating the feedstock in a furnace to effect melting of the metal having the lowest melting temperature, to produce at least a first molten metal and a second unmelted metal; and removing the first molten metal from the furnace, Para[0019]. Leon teaches that the method is suitable for galvanized steel (zinc coating on a steel sheet), Para[0020]. Leon does not teach conditioning the metal scrap material such that the second alloy is diffused into the coating to form a diffused coating. Leon also does not teach gamma phase constituents.
Pillkahn discloses that Galvanized steel scrap can also be heated to a relatively high temperature above the melting point of zinc of 419°C, for example to a temperature of at least 500 or 600°C, before being introduced into the alkaline solution. The period during which the scrap steel is held at this temperature should preferably be approximately 10 to 15 minutes. The heating causes the zinc to diffuse from the zinc coating into the steel and iron from the steel into the zinc coating, thereby increasing the electrical contact between the metals at the surface and thus increasing the galvanic corrosion resistance of the steel scrap, Para[0019]. Therefore, it would be obvious to one of ordinary skill in the art to condition the scrap material, during the method taught by Leon, such that the second alloy is diffused into the coating, as taught by Pillkahn, in order to increase the galvanic corrosion resistance of the material. Pillkahn does not teach gamma phase constituents.
Sengoku discloses that the gamma phase is a metal phase mainly composed of Fe3Zn10, which is a metal compound of Fe and Zn. By forming the upper layer on the surface layer side with a two-phase structure of the gamma phase and the Fe—Zn solid solution, the corrosion resistance after coating is improved, Para[0035]. Therefore, it would be obvious to one of ordinary skill in the art to produce a diffuse coating as taught by Sengoku in the scrap steel parts taught by Leon in view of Pillkahn in order to improve corrosion resistance.
Thus, Leon in view of Pillkahn further in view of Sengoku covers all limitations of claim 16.
Claim 18 further limits claim 16 by claiming that the coating comprises a zinc alloy.
Leon teaches that suitable clad materials include, but are not limited to, galvanized steel (zinc coating on a steel sheet), Para[0020]. Therefore, Leon teaches the zinc alloy limitation. Thus, Leon in view of Pillkahn further in view of Sengoku covers all limitations of claim 18.
Claims 15 is rejected under 35 U.S.C. 103 as being unpatentable over US2005262967 of Leon in view of DE102008056812 of Pillkahn, as cited above, further in view of EP2909559 of Nardin.
Claim 15 further limits claim 9 by claiming that the mixed-material vehicle scrap is heated to above 700°C and the aluminum alloy becomes molten.
While Leon discloses that the feedstock is heated in a furnace to effect melting of the metal having the lowest melting temperature, producing a first molten metal and a second unmelted metal, Leon does not teach a specific temperature.
Nardin teaches a method to transfer heat energy by means of phase change materials in a similar field of endeavor as the claimed invention. Nardin discloses that phases with temperatures of more than 700°C, pure or alloyed (for example 5075 MG) aluminum can be used as the first transfer material, with a solidification- melting range of 520-660°C, Para[0141]. Therefore, based on the teachings of Leon and Nardin, it would be obvious to one of ordinary skill in the art to heat the scrap material above 700°C in order to make the aluminum become molten. Thus, Leon in view of Pillkahn further in view of Nardin covers all limitations of claim 15.
Claim 17 is rejected under 35 U.S.C. 103 as being unpatentable over US2005262967 of Leon in view of DE102008056812 of Pillkahn, further in view of WO202209135 of Sengoku, as cited above, further in view of US2016145704 of Kawasaki.
Claim 17 further limits claim 16 by claiming that the coating is applied with an electrocoating process.
Leon, Pillkahn, and Sengoku do not teach electrocoating.
Kawasaki teaches a hot-stamped part and method of manufacturing the same in a similar field of endeavor as the claimed invention. Kawasaki discloses that a steel sheet for hot stamping may be provided with a plating layer. The plating layer contributes to enhancement of corrosion resistance, for example. The plating layer may be an electroplating layer, Para[0165]. Therefore, it would be obvious to one of ordinary skill in the art to apply the electroplating layer taught by Kawasaki to the steel parts taught by Leon and Pillkahn in order to enhance corrosion resistance. Thus, Leon in view of Pillkahn further in view of Sengoku further in view of Kawasaki covers all limitations of claim 17.
Claims 19 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over US2005262967 of Leon in view of DE102008056812 of Pillkahn, further in view of WO202209135 of Sengoku, as cited above, further in view of DE602004002633 of Endo.
Claim 19 further limits claim 16 by claiming that the coating has a thickness between about 2 microns and 10 microns.
Leon and Pillkahn do not teach a coating thickness.
Sengoku teaches that the thickness of the Zn-based plating layer is about several to several tens of microns. This overlaps with the claimed range. In the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists, see MPEP 2144.05. Sengoku teaches that the present inventors are excellent in controlling the ratio of the upper layer thickness to the lower layer thickness of the plating layer. It was found that both corrosion resistance after painting and excellent plating adhesion can be achieved, Para[0015].
Endo teaches chromium-free agent for the treatment of metal surfaces in a similar field of endeavor as the claimed invention. Endo discloses that when the chromium-free metal surface treatment agent of the present invention is combined with electroplating, a thin rust-inhibiting coating in a thickness including the thickness of plating of not more than 10 µm can achieve an excellent rust-inhibiting property, Para[0029]. This range overlaps with the claimed range. In the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists, see MPEP 2144.05.
Therefore, based on the teachings of Sengoku and Endo, it would be obvious to one of ordinary skill in the art to produce the zinc coating taught by Pillkahn with the thickness taught by Sengokui and Endo in order to achieve an excellent rust-inhibiting property and corrosion resistance. Thus, Leon in view of Pillkahn further in view of Sengoku further in view of Endo covers all limitations of claim 19.
Claim 20 further limits claim 16 by claiming that the diffusion layer has a thickness between about 2 microns and 10 microns.
Leon and Pillkahn do not teach a thickness of the diffusion layer.
Sengoku teaches that the thickness of the Zn-based plating layer is about several to several tens of microns. This overlaps with the claimed range. In the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists, see MPEP 2144.05. Sengoku teaches that the present inventors are excellent in controlling the ratio of the upper layer thickness to the lower layer thickness of the plating layer. It was found that both corrosion resistance after painting and excellent plating adhesion can be achieved, Para[0015].
Endo teaches chromium-free agent for the treatment of metal surfaces in a similar field of endeavor as the claimed invention. Endo discloses that when the chromium-free metal surface treatment agent of the present invention is combined with electroplating, a thin rust-inhibiting coating in a thickness including the thickness of plating of not more than 10 µm can achieve an excellent rust-inhibiting property, Para[0029]. This range overlaps with the claimed range. In the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists, see MPEP 2144.05.
Therefore, based on the teachings of Sengoku and Endo, it would be obvious to one of ordinary skill in the art to produce the diffuse zinc coating taught by Pillkahn with the thickness taught by Sengokui and Endo in order to achieve an excellent rust-inhibiting property and corrosion resistance. Thus, Leon in view of Pillkahn further in view of Sengoku further in view of Endo covers all limitations of claim 20.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JACOB BENJAMIN STILES whose telephone number is (571)272-0598. The examiner can normally be reached Monday-Friday 7:30am - 5:00pm.
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/Keith D. Hendricks/Supervisory Patent Examiner, Art Unit 1733
/JACOB BENJAMIN STILES/Examiner, Art Unit 1733
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