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 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 71,72, 76 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.
The term “precious metals” in claims 71 and 76 is a relative term which renders the claim indefinite. The term “precious metals” 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. The list of metals to exclude has been made indefinite by the term, since there is no official list of recognized precious metals. For purposes of compact prosecution, “precious metals” is read to mean a metal from a list consisting of gold, silver, ruthenium, rhodium, palladium, osmium, iridium, and platinum. Claim 72 depends on 71 and is thus also rejected.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 61-63,65-67,69,70,73,74,76-80 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Lomasney (US 20200131658 A1), hereafter known as Lomasney.
Regarding claim 61, Lomasney discloses a limited line of sight substrate ( fig 2, tube 202 is a substrate for the coatings of figs 1a and 1b, Lomasney) comprising
an external surface and an internal surface (figs 1A and 1B, exterior surface 101 and 101B and interior surface 103 and 103B, Lomasney),
wherein at least a portion of the internal surface comprises a surface coating comprising an alloy layer (para 0068, interior surface 103B is coated with a coating, para 0073, the coating can be an alloy, Lomasney),
wherein the alloy layer comprises (i) molybdenum or tungsten and (ii) at least one element selected from the group consisting of nickel, cobalt, chromium, tin, phosphorous, iron, magnesium and boron or at least one compound comprising one or more of nickel, cobalt, chromium, tin, phosphorous, iron, magnesium or boron (para 0079, each layer of alloy coating can comprise NiMo, which is nickel and molybdenum, alternatively, a layer can comprise NiW, which is nickel and tungsten, Lomasney).
Regarding claim 62, Lomasney discloses the limited line of sight substrate of claim 61, wherein the internal surface is present on an internal cavity (fig 2 para 0053, pipe 202 is the substrate, and has an internal cavity, which is the hole in the pipe, Lomasney), wherein the internal cavity is not observable from a radial view of the substrate (fig 2, the hole though pipe 202 is not observable from a radial view, Lomasney).
Regarding claim 63, Lomasney discloses the limited line of sight substrate of claim 62, wherein the internal cavity is configured as a hole through a longitudinal dimension of the substrate (fig 2, para 0053, the internal cavity is a hole through the longitudinal dimension of the tube substrate, Lomasney)
Regarding claim 65, Lomasney discloses the limited line of sight substrate of claim 61, wherein the internal surface is wettable when submersed in a liquid but is not contacted by a gas stream incident on the substrate in a radial direction of the substrate (figs 2 and 4, para 0255, the tube is submerged in an electrolyte bath, which is a liquid, and the inside surface is wetted. Due to the lack of holes in the wall of tube 202, a gas stream incident on the substrate in a radial direction of the substrate does not contact the internal surface of the tube, Lomasney).
Regarding claim 66, Lomasney discloses the limited line of sight substrate of claim 61, wherein the molybdenum or tungsten is present in the surface coating at 35% or less by weight based on a weight of the surface coating (para 0083, an alloy layer can have Mo ranging from 5% to 30% by weight, and in cases where all the layers in the coating have Mo within the range, Mo is then present in the surface coating at 35% or less by weight, Lomasney).
Regarding claim 67, Lomasney disclose the limited line of sight substrate of claim 61, wherein the molybdenum or tungsten is present in the alloy layer at 35% or less by weight based on a weight of the alloy layer (para 0083, an alloy layer can comprise Mo from 5% to 30% by weight, Lomasney)
Regarding claim 69. Lomasney discloses the limited line of sight substrate of claim 61, wherein the molybdenum or tungsten is present in the alloy layer at 65% or less by weight based on a weight of the alloy layer (para 0085, alloy layer can contain Mo in a concentration of up to about 30% by weight, Lomasney).
Regarding claim 70, Lomasney discloses the limited line of sight substrate of claim 61, wherein the alloy layer consists essentially of nickel and molybdenum or consists essentially of nickel, molybdenum and one of tin, phosphorous, iron, magnesium or boron, or consists essentially of nickel and tungsten or consists essentially of nickel, tungsten and one of tin, phosphorous, iron, magnesium or boron (para 0086, a layer can comprise of Ni at 60% and W at 40%, thus consisting essentially of nickel and tungsten, Lomasney).
Regarding claim 73, Lomasney discloses the limited line of sight substrate of claim 61, wherein the alloy layer is an electrodeposited alloy layer (para 0049, the alloy coating is electrodeposited, Lomasney), and further comprising an intermediate layer between the surface of the substrate and the alloy layer (para 0100, in cases where the substrate is plastic, such as in para 0098, a strike layer is placed between the substrate and the alloy coating layers, Lomasney) wherein the intermediate layer comprises one or more of nickel, nickel alloys, copper, copper alloys, nickel-tungsten alloys, cobalt alloys, nickel-phosphorous alloys, alloys of molybdenum or tungsten or both and at least one of nickel, cobalt, chromium, tin, phosphorous, iron or boron (para 0100 and 0321, the strike layer comprises Ni, Cu, or both, Lomasney).
Regarding claim 74, Lomasney discloses the limited line of sight substrate of claim 61, further comprising an additional layer formed on the alloy layer (para 0072, the coating can have alternating first and second layers, so the first alloy layer can have additional layers formed on top of it, Lomasney ), wherein the additional layer comprises one or more of nickel, nickel alloys, nickel-tungsten alloys, cobalt alloys, cobalt-phosphorous alloys, nickel-phosphorous alloys, alloys of molybdenum and at least one of nickel, cobalt, chromium, tin, phosphorous, iron or boron, ceramics, ceramic comprises compounds of tungsten, chromium, aluminum, zirconium, titanium, nickel, cobalt, molybdenum, silicon, boron, metal nitride, a nitride, a metal carbide, a carbide, a boron, tungsten, tungsten carbide, chromium carbide, chromium oxide, aluminum oxide, zirconia, zirconium oxide, titania, nickel carbide, nickel oxide, nanocomposite, an oxide composite, or combinations thereof (para 0073 and 0079, each layer can comprise a metal, a metal alloy, or a ceramic, including Ni, B, Co, Si, Cr, W, Mo and alloys such as NiMo and NiW, Lomasney)
Regarding claim 76, Lomasney discloses the limited line of sight substrate of claim 61, wherein the alloy layer is present as an exposed outer layer of the surface coating (fig 1A, surface 103 is coated with a nanolaminate coating, para 0073, the coating can be an alloy coating, thus the alloy layer is the exposed outer layer of the surface coating, Lomasney) wherein the exposed outer layer is an electrodeposited alloy layer (para 0049, the alloy coating is electrodeposited, Lomasney), and wherein the electrodeposited alloy layer excludes precious metals (para 0086, a layer can comprise of Ni at 60% and W at 40%, thus consisting of nickel and tungsten, and not of precious metals, Lomasney).
Regarding claim 77, Lomasney discloses the limited line of sight substrate of claim 61, wherein the alloy layer consists essentially of nickel and molybdenum or consists essentially of nickel, molybdenum and phosphorous or the alloy layer consists essentially of nickel and tungsten or consists essentially of nickel, tungsten and phosphorous (para 0086, a layer can comprise of Ni at 60% and W at 40%, thus consisting essentially of nickel and tungsten, Lomasney).
Regarding claim 78, Lomasney discloses the limited line of sight substrate of claim 77, wherein the substrate is configured as a tube, a pipe, or a hollow sphere, (fig 2, the substrate is a tube 202, Lomasney).
Regarding claim 79, Lomasney discloses the limited line of sight substrate of claim 78, further comprising a surface coating on the external surface (fig 1A, para 0065, outer surface 101 also has a surface coating, Lomasney.)
Regarding claim 80, Lomasney discloses the limited line of sight substrate of claim 61, wherein a thickness of the surface coating varies across the internal surface (para 0092, the coating can have two or more thicknesses across a length of a portion of the tube, thus the thickness can vary across the internal surface, Lomasney.)
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 68 are rejected under 35 U.S.C. 103 as being unpatentable over Lomasney.
Regarding claim 68, Lomasney discloses the limited line of sight substrate of claim 61, wherein the molybdenum or tungsten is present in the surface coating at 65% or more by weight based on a weight of the surface coating (para 0084, concentration of W can about 60% by weight; para 0057 states “about” can mean within range of ±20% of the stated value, thus the “about 60%” concentration of W can range from 48-72%. In the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists. In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976), Lomasney).
Claim 64 is rejected under 35 U.S.C. 103 as being unpatentable over Lomasney in view of Hi-Tech Controls INC’s product “S2080 - Sprint® Male-Male-Male Tee”, hereafter known as Hi-Tech.
Regarding claim 64, Lomasney discloses the limited line of sight substrate of claim 61, but does not disclose wherein the internal surface is present as a hole positioned in a non-coaxial orientation relative to a longitudinal axis of the substrate.
However, Hi-Tech teaches a plated substrate wherein the internal surface is present as a hole positioned in a non-coaxial orientation relative to a longitudinal axis of the substrate (product image, Hi-Tech, the fitting has a hole positioned on the bottom side, which is not coaxial to the longitudinal axis of the fitting). Hi-Tech is a product page for a nickel plated pipe fitting, a field related to Lomasney and the claimed invention. Therefore it would have been obvious to one of ordinary skill in the art before time of file to have incorporated the teachings of Hi-Tech into Lomasney and expand the substrate shapes plated by the process of Lomasney to include Tee fittings similar to the fitting of Hi-Tech. Plating pipe fittings is well known in the art, and being able to coat fittings as well as tubes would allow the coating of Lomasney to improve the heat, wear, and corrosion resistance of more components of the pipe system.
Claims 71 and 72 are rejected under 35 U.S.C. 103 as being unpatentable over Lomasney in view of Ilgar (US 20190292674 A1), hereafter known as Ilgar.
Regarding claim 71, Lomasney discloses the limited line of sight substrate of claim 70, where molybdenum or tungsten is present in the alloy layer at 20% or less by weight based on a weight of the surface coating, and the surface coating excludes precious metals (para 0083, Mo can be in a concentration ranging from 5% to 30%, and the coating does not disclose to have precious metals; in the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists. In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976), Lomasney). But does not disclose wherein the coated surface comprises a surface roughness Ra of less than 1 micron.
However, Ilgar teaches a surface coating with surface roughness of less than 0.4 microns (para 0042, Ilgar, the alloy coating is polished to have average roughness less than 0.4 microns). Ilgar describes a electrodeposited coating for the oil and gas industry, a field related to Lomasney and the claimed invention. Therefore it would have been obvious to one of ordinary skill in the art before time of file to have incorporated the teachings of Ilgar into Lomasney and polished the surface coating of Lomasney to have average roughness less than 0.4 microns. Polishing to reduce surface roughness is well known in the art, and a smoother inner surface reduces drag for the fluid flowing through and minimizes deposits forming on walls of the pipe.
Regarding claim 72, Lomasney in view of Ilgar discloses the limited line of sight substrate of claim 71, wherein the alloy layer is an exposed outer layer that (i) consists essentially of molybdenum or tungsten and only one of nickel, cobalt, tin, phosphorous, iron, chromium, magnesium or boron, or (ii) consists essentially of molybdenum or tungsten and only two of nickel, cobalt, tin, phosphorous, iron, chromium, magnesium or boron, or (iii) consists essentially of both molybdenum and phosphorous or both tungsten and phosphorous and at least one of nickel, cobalt, tin, chromium, iron, magnesium or boron (para 0086, a layer can comprise of Ni at 60% and W at 40%, thus consisting essentially of nickel and tungsten, Lomasney).
Claim 75 is rejected under 35 U.S.C. 103 as being unpatentable over Lomasney in view of Piascik (US 20190292678 A1), hereafter known as Piascik.
Regarding claim 75, Lomasney discloses the limited line of sight substrate of claim 61, but does not disclose wherein the alloy layer further comprises one or more particles selected from the group consisting of solid nanoparticles, polymeric particles, hard particles, silicon dioxide particles, silicon carbide particles, titanium dioxide particles, polytetrafluoroethylene particles, hydrophobic particles, diamond particles, particles functionalized with hydrophobic groups, solid particles and combinations thereof.
However, Piascik teaches adding alumina nanoparticles, which are solid nanoparticles, into a electroplating coating (para 0035 Piascik, alumina nanoparticles are used in the electroplating process. Fig 1 Piascik block 26, forming particle containing NiW plated composite over surfaces of metallic parts). Piascik describes a NiW plating process, a field related to Lomasney and the claimed invention. Therefore it would have been obvious to one of ordinary skill in the art before time of file to have incorporated the teachings of Piascik into Lomasney and add the alumina nanoparticles of Piascik to the surface coating of Lomasney. The addition of the nanoparticles increase microhardness and lubricity (para 0034, Piascik), enhancing wear resistance of the coating.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Haghdoost (WO_2024130225_A1) discloses a coating with N,Mo, and W.
Moysan (US 5478659 A) discloses electroplated coating with Ni and refractory metals.
Cao (US 20190368065 A1) discloses NiW plating.
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/H.L./Examiner, Art Unit 3753
/KENNETH RINEHART/ Supervisory Patent Examiner, Art Unit 3753
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