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 § 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.
I. Claim(s) 1-3, 5 and 8-15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Nagao et al. (US Patent Application Publication No. 2017/0114470 A1) in view of WO 01/38610 (‘610).
Regarding claim 1, Nagao teaches a method (= chrome plating methods) [page 3, ρ
[0035]] for adjusting the brightness L* of an electroplated chromium layer,1 the method
comprising the steps:
(a) providing a substrate (= an article) [page 1, [0009]],
(b) providing an aqueous trivalent chromium electroplating bath (= the trivalent chrome plating solution) [page 3, [0037]] comprising:
(i) trivalent chromium ions (= a water-soluble trivalent chromium compound) [page 3, [0037]],
(ii) one or more than one complexing agent for said trivalent chromium ions (= a complexing agent) [page 3, [0037]],
(iii) colloidal particles and/or agglomerates thereof (= colloidal silica) [page 4, [0046]], and
(iv) one or more than one sulfur-containing compound having a sulfur atom with an oxidation number of +5 or below (= examples of inorganic sulfur compounds include sodium sulfide, ammonium sulfide, calcium sulfide, potassium thiocyanate, sodium thiocyanate, sodium hydrogen sulfide, and the like. Examples of organic sulfur
compounds include thiourea compounds, such as thiourea, allylthiourea, ethylenethiourea, diethylthiourea, diphenylthiourea, tolylthiourea, guanylthiourea, and
acetylthiourea; mercapto compounds, such as 2-mercaptoethanol, 2-
mercaptohypoxanthine, 2-mercaptobenzimidazole, and 2-mercaptobenzothiazole; amino compounds, such as aminothiazole; thiocarboxylic acids, such as thioformic acid, thioacetic acid, thiomalic acid, thioglycolic acid, thiodiglycolic acid, thiocarbamic acid, and thiosalicylic acid, and salts thereof; dithiocarboxylic acids, such as dithioformic acid, dithioacetic acid, dithioglycolic acid, dithiodiglycolic acid, and dithiocarbamic acid, and salts thereof) [pages 3-4, [0045]], and
(c) contacting the substrate with said electroplating bath (= brass plates (50×100 mm) as test pieces were treated under various conditions using the aforementioned plating baths to form plating films) [page 4, [0061]] and applying an electrical current (= the cathode current density is preferably about 1 to 20 A/dm2) [page 4, [0051]] such that a chromium layer is electrolytically deposited on the substrate (= that is, a chrome plating film is preferably formed directly on the tin-nickel plating film) [page 2, [0022]] with a lightness value L1* (= a black appearance specific to trivalent chrome plating films can be obtained) [page 3, [0038]] according to the L*a*b* color-space system.2
Nagao does not explicitly teach the following:
a. (d) treating the aqueous trivalent chromium electroplating bath obtained from step (c) such that a treated aqueous trivalent chromium electroplating bath results, by
(d1) removing fully or partially said colloidal particles and/or said agglomerates
thereof, and optionally
(d2) adding colloidal particles.
Like Nagao, WO ‘610 teaches depositing non-glare metal coatings on a metal surface (page 1, lines 3-4).
In the case of the known processes, finely ground insoluble materials, such as graphite, barium sulfate, aluminum oxide, glass etc. are added to the electrolyte. These products are maintained in suspension by strong agitation of the electrolyte and built into the deposit during the precipitation (page 1, lines 19-22).
The solution proposed by the invention is that during the continued use of an electrolyte a part of the flow is deviated, filtered and, if necessary, reconstituted by the addition of active substances and subsequently reintegrated in the operating cycle (page 3, lines 1-4).
It is therefore suggested, in a partial flow of the electrolyte, to continually remove by filtration, wholly or in part, the coagulated particles and the not yet coagulated particles, as well as high-molecular compounds and their decay products, and that the appropriate quantity of additives is added to the filtrate prior to its reintegration (page 3, lines 5-9).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the method taught by Nagao by (d) treating the aqueous trivalent chromium electroplating bath obtained from step (c) such that a treated aqueous trivalent chromium electroplating bath results, by (d1) removing fully or partially said colloidal particles and/or said agglomerates thereof, and optionally (d2) adding colloidal particles. The person with ordinary skill in the art would have been motivated to
make this modification because partially flowing the electrolyte, to continually remove by
filtration, wholly or in part, the coagulated particles and the not yet coagulated particles would
have extended the use of the electrolyte which would have ensured a high electrolyte quality
with a low economic investment, without having to accept production interruptions for
regeneration as taught by WO ‘610 on page 2, lines 24-27, and page 3, lines 1-9, and that the appropriate quantity of additives would have been added to the filtrate prior to its reintegration3 as taught by WO ‘610 on page 3, lines 8-9.
b. (e) contacting another substrate with the treated aqueous trivalent chromium electroplating bath and applying an electrical current such that a chromium layer is electrolytically deposited on the another substrate with a lightness value L2* according to the L*a*b* color-space system, wherein L2* is higher or lower than L1*.
WO ‘610 teaches that:
The solution proposed by the invention is that during the continued use of an electrolyte a part of the flow is deviated, filtered and, if necessary, reconstituted by the addition of active substances and subsequently reintegrated in the operating cycle (page 3, lines 1-4).
Especially, it is envisaged to conduct the process for the precipitation of non-glaring metal coatings in such a manner that work can proceed in three shifts, five days per week without encountering production interruptions due to coagulation or destruction of the fine dispersal phase, respectively, and without the additional operating cost of a heating/cooling circuit (page 2, lines 28-32).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the method taught by Nagao by e)
contacting another substrate with the treated aqueous trivalent chromium electroplating bath
and applying an electrical current such that a chromium layer is electrolytically deposited on
the another substrate with a lightness value L2* according to the L*a*b* color-space system,
wherein L2* is higher or lower than L1*. The person with ordinary skill in the art would have
been motivated to make this modification because during the continued use of the electrolyte, where electroplating multiple substrates continuously would have allowed manufacturers to maximize production, the filtered electrolyte, having less coagulated particles and not yet coagulated particles, would have provided a chromium layer on another substrate with a lightness value L2* according to the L*a*b* color-space system, wherein L2* is higher or lower than L1*, because the black appearance is obtained by the metal oxide fine particles in the plating solution in which their presence would have determined how light or dark the black color appears.
Regarding claim 2, Nagao teaches wherein the colloidal particles comprise one or
more than one chemical element selected from the group consisting of silicon, aluminum, and
carbon (= colloidal silica) [page 4, [0046]].
Regarding claim 3, Nagao teaches wherein said colloidal particles comprise nano-
particles (= nanocolloidal silica) [page 4, [0046]].
Regarding claim 5, Nagao teaches wherein the colloidal particles comprising the chemical element silicon, comprise silica (= colloidal silica) [page 4, [0046]].
Regarding claim 8, Nagao and WO ‘610 teach the method of at least claim 1 as applied above. The references do not explicitly teach wherein in step (b) or after step (d2) said colloidal particles are present in a total amount ranging from 0.05 g/L to 100 g/L, based on the total
volume of the respective aqueous trivalent chromium electroplating bath.
WO ‘610 teaches that:
It is therefore suggested, in a partial flow of the electrolyte, to continually remove by filtration, wholly or in part, the coagulated particles and the not yet coagulated particles, as well as high-molecular compounds and their decay products, and that the appropriate quantity of additives is added to the filtrate prior to its reintegration (page 3, lines 5-9).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the method taught by Nagao with wherein in step (b) or after step (d2) said colloidal particles are present in a total amount ranging from 0.05 g/L to 100 g/L, based on the total volume of the respective aqueous trivalent chromium electroplating bath. The person with ordinary skill in the art would have been motivated to make this modification because WO ‘610 teaches that the appropriate quantity of additives is added to the filtrate prior to its reintegration4 on page 3, lines 8-9, where adding
metal oxide fine particles to the trivalent chrome plating solution provides a black appearance to the trivalent chrome plating films as taught by Nagao in [0038], where the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation. See MPEP § 2144.05(II)(A).
Since the black appearance is obtained by the metal oxide fine particles in the plating solution in which their presence would have determined how light or dark the black color appears.
Regarding claim 9, Nagao teaches wherein (iv) comprises thiocyanate anions (= potassium thiocyanate, sodium thiocyanate) [page 3, [0045]].
Regarding claim 10, Nagao teaches wherein (iv) comprises at least a sulfur-containing
compound having a sulfur atom with an oxidation number of +5 or below and additionally comprising a nitrogen atom (= amino compounds, such as aminothiazole, thiocarbamic acid and salts thereof) [pages 3-4, [0045]].
Regarding claim 11, Nagao and WO ‘610 teach the method of at least claim 1 as applied above. The references do not explicitly teach wherein L1* is 55 or less.
The subject matter would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention because Nagao and WO ‘610 teach the method of at least claim 1 as applied above. Similar processes can reasonably be expected to yield products which inherently have the same properties. In re Spada 911 F.2d 705, 15 USPQ 2d 1655 (CAFC 1990); In re DeBlauwe 736 F.2d 699, 222 USPQ 191 (CAFC 1984); In re Wiegand 182 F.2d 633, 86 USPQ 155 (CCPA 1950).
Regarding claim 12, modified Nagao teach wherein said method comprises step (d1)
and step (d2) [see Ia. above].
Regarding claim 13, WO ‘610 teaches wherein, in step (d1), the removing is carried out
by filtration, centrifugation, and/or sedimentation, or by a combination of two or more of filtration, centrifugation, and sedimentation (= filtration) [page 3, lines 5-9].
Regarding claim 14, Nagao and WO ‘610 teach the method of at least claim 1 as applied above. The references do not explicitly teach wherein L2* is higher than L1*.
The subject matter would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention because Nagao and WO ‘610 teach the
method of at least claim 1 as applied above. Similar processes can reasonably be expected to yield products which inherently have the same properties. In re Spada 911 F.2d 705, 15 USPQ
2d 1655 (CAFC 1990); In re DeBlauwe 736 F.2d 699, 222 USPQ 191 (CAFC 1984); In re Wiegand 182 F.2d 633, 86 USPQ 155 (CCPA 1950).
Furthermore, WO ‘610 teaches that:
It is therefore suggested, in a partial flow of the electrolyte, to continually remove by filtration, wholly or in part, the coagulated particles and the not yet coagulated particles, as
well as high-molecular compounds and their decay products, and that the appropriate quantity of additives is added to the filtrate prior to its reintegration (page 3, lines 5-9).
During the continued use of the electrolyte, where the appropriate quantity of additives is added to the filtrate prior to its reintegration,5 and because the black appearance is obtained by the metal oxide fine particles in the plating solution in which their presence would have determined how light or dark the black color appears.
Regarding claim 15, Nagao and WO ‘610 teach the method of at least claim 1 as applied above. The references do not explicitly teach wherein L2* is more than 55.
The subject matter would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention because Nagao and WO ‘610 teach the method of at least claim 1 as applied above. Similar processes can reasonably be expected to
yield products which inherently have the same properties. In re Spada 911 F.2d 705, 15 USPQ
2d 1655 (CAFC 1990); In re DeBlauwe 736 F.2d 699, 222 USPQ 191 (CAFC 1984); In re Wiegand
182 F.2d 633, 86 USPQ 155 (CCPA 1950).
Furthermore, WO ‘610 teaches that:
It is therefore suggested, in a partial flow of the electrolyte, to continually remove by filtration, wholly or in part, the coagulated particles and the not yet coagulated particles, as
well as high-molecular compounds and their decay products, and that the appropriate quantity of additives is added to the filtrate prior to its reintegration (page 3, lines 5-9).
During the continued use of the electrolyte, where the appropriate quantity of additives is added to the filtrate prior to its reintegration,6 and because the black appearance is obtained by the metal oxide fine particles in the plating solution in which their presence would have determined how light or dark the black color appears.
II. Claim(s) 4 and 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Nagao
et al. (US Patent Application Publication No. 2017/0114470 A1) in view of WO 01/38610 (‘610) as applied to claims 1-3, 5 and 8-15 above, and further in view of JP H09209195 (‘195).
Regarding claim 4, Nagao and WO ‘610 teach the method of at least claims 1-3, 5 and 8-15 as applied above. The references do not explicitly teach wherein said colloidal particles comprise at least particles with a particle size of 100 nm or less.
Nagao teaches that:
Examples of metal oxide fine particles added to form irregularity on the plating film surface and thereby obtain a trivalent chrome plating film with a black appearance include silica compounds, such as nanocolloidal silica, silica gel, colloidal silica, and silica slurry; zirconium oxide,
aluminum oxide, titanium oxide, magnesium oxide, tin oxide, copper oxide, zinc oxide, cerium oxide, yttrium oxide, iron oxide, cobalt oxide, and complex oxides thereof (page 4, [0046]).
WO ‘610 teaches that:
In the case of the known processes, finely ground insoluble materials, such as graphite, barium sulfate, aluminum oxide, glass etc. are added to the electrolyte. These products are maintained in suspension by strong agitation of the electrolyte and built into the deposit during the precipitation (page 1, lines 19-22).
JP ‘195 teaches that:
The particle sizes of these fine particles are particularly preferably 100-500 nm for strontium
chromate and zirconium ethoxide, and 20-100 nm for colloidal alumina and colloidal silica. When these fine particles are used, a particularly desirable chromium plating is obtained, although the reason for this is unknown (ρ [0010]).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the fine particles taught by Nagao with wherein said colloidal particles comprise at least particles with a particle size of 100 nm or less. The person with ordinary skill in the art would have been motivated to make this modification because alumina and silica having particle sizes of 20-100 nm would have been colloidal as taught by JP ‘915 in [0010].
Regarding claim 6, JP ‘195 teaches wherein the colloidal particles comprising the chemical element aluminum, comprise aluminum oxide (= colloidal alumina) [ρ [0001]].
III. Claim(s) 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Nagao et al. (US Patent Application Publication No. 2017/0114470 A1) in view of WO 01/38610 (‘610) as
applied to claims 1-3, 5 and 8-15 above, and further in view of Nakatani et al. (US Patent
Application Publication No. 2019/0301038 A1).
Regarding claim 7, Nagao and WO ‘610 teach the method of at least claims 1-3, 5 and 8-15 as applied above. The references do not explicitly teach wherein the colloidal particles
comprising the chemical element carbon, comprise nanodiamonds.
Nagao teaches that when trivalent chromium is used, the trivalent chrome plating solution comprises an aqueous solution containing a water-soluble trivalent chromium compound as a chromium component. There is no particular limitation on the composition of the trivalent chrome plating solution (ρ [0037] and ρ [0039]).
Nakatani teaches that:
Hereinafter, an electroplating bath according to a first embodiment of the present disclosure will be described. The electroplating bath of the first embodiment is an electroplating bath for precipitating a black trivalent chromium layer onto an object to be plated, and contains trivalent chromium with nanodiamond and a thiocyanate ion as color enhancers (ρ [0012]).
It would have been obvious to a person having ordinary skill in the art before the
effective filing date of the claimed invention to modify the colloidal particles taught by Nagao
wherein the colloidal particles comprising the chemical element carbon, comprise nanodiamonds. The person with ordinary skill in the art would have been motivated to make this modification because adding nanodiamonds to a trivalent chromium electroplating bath would have enhanced the color of a black trivalent chromium layer as taught by Nakatani in [0012].
MPEP § 2143(I)(A) states that “combining prior art elements according to known methods to yield predictable results” may be obvious. The claimed elements were known in the
prior art and one skilled in the art could have combined the elements as claimed by known methods with no change in their respective functions, and the combination would yield nothing more than predictable results. Furthermore, MPEP § 2144.07 states that “the selection of a known material based on its suitability for its intended use supported a prima facie obviousness determination in Sinclair & Carroll Co. v. Interchemical Corp., 325 US 327, 65 USPQ 297 (1945).”
Citations
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Chapaneri et al. (US Patent Application Publication No. 2012/0111731 A1) is cited to teach that these additives may include colloidal silica, thiocyanates and co-deposited metals (page 1, [0014]).
Schulz et al. (US Patent Application Publication No. 2014/0042033 A1) is cited to teach
at least one coloring agent selected from sulphur containing compounds having the general
Formula (I):
PNG
media_image1.png
69
178
media_image1.png
Greyscale
(pages 2-3, [0029] to [0046]).
CN 205711005 is cited to teach that:
The positive and progressive effects of this utility model are as follows: The trivalent black chromium electroplating continuous operation device provided by this utility model has the following advantages: Through the rationally designed external circulation, heat exchange and addition system, the trivalent black chromium electroplating solution can be continuously heated, circulated and filtered, and the complexation reaction required by the plating solution can be
carried out. This solves the need for regular shutdown maintenance of the plating solution, realizes continuous operation and effectively improves production capacity (ρ [0023]).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to EDNA WONG whose telephone number is (571) 272-1349. The examiner can normally be reached Monday-Friday, 7:00 AM- 3:30 PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Luan Van can be reached at (571) 272-8521. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/EDNA WONG/Primary Examiner, Art Unit 1795
1 A preamble is not necessarily accorded any patentable weight where it merely recites the purpose of a process or the intended use of a structure, and where the body of the claim does not depend on the preamble for completeness but, instead, the process steps or structural limitations are able to stand alone. See MPEP § 2111.02(II).
2 In the CIELAB (CIE 1976 Lab*) color space, L* stands for lightness — a measure of how light or dark a color appears to the human eye. The black appearance of Nagao would have been in the dark range.
3 It is deemed that “the appropriate quantity of additives is added to the filtrate prior to its reintegration” disclosed by WO ‘610 on page 3, lines 8-9, would have included the addition of the finely ground insoluble materials to the electrolyte as disclosed by WO ‘610 on page 1, lines 19-21. The finely ground insoluble materials are additives.
4 It is deemed that “the appropriate quantity of additives is added to the filtrate prior to its reintegration” disclosed by WO ‘610 on page 3, lines 8-9, would have included the addition of the finely ground insoluble materials to the electrolyte as disclosed by WO ‘610 on page 1, lines 19-21. The finely ground insoluble materials are additives.
5 It is deemed that “the appropriate quantity of additives is added to the filtrate prior to its reintegration” disclosed by WO ‘610 on page 3, lines 8-9, would have included the addition of the finely ground insoluble materials to the electrolyte as disclosed by WO ‘610 on page 1, lines 19-21. The finely ground insoluble materials are additives.
6 It is deemed that “the appropriate quantity of additives is added to the filtrate prior to its reintegration” disclosed by WO ‘610 on page 3, lines 8-9, would have included the addition of the finely ground insoluble materials to the electrolyte as disclosed by WO ‘610 on page 1, lines 19-21. The finely ground insoluble materials are additives.
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