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 .
Response to Amendment
The amendment and response filed on June 15, 2026 has been entered. Claims 1-11 are pending.
Election/Restrictions
Applicant’s election without traverse of Group II (claims 5-11) in the reply filed on June 15, 2026 is acknowledged. Upon reconsideration, the restriction requirement is withdrawn and all pending claims are fully examined herein.
Because all claims previously withdrawn from consideration under 37 CFR 1.142 have been rejoined, the restriction requirement as set forth in the Office action mailed on April 23, 2026 is hereby withdrawn. In view of the withdrawal of the restriction requirement as to the rejoined inventions, applicant(s) are advised that if any claim presented in a divisional application is anticipated by, or includes all the limitations of, a claim that is allowable in the present application, such claim may be subject to provisional statutory and/or nonstatutory double patenting rejections over the claims of the instant application. Once the restriction requirement is withdrawn, the provisions of 35 U.S.C. 121 are no longer applicable. See In re Ziegler, 443 F.2d 1211, 1215, 170 USPQ 129, 131-32 (CCPA 1971). See also MPEP § 804.01.
Specification
The disclosure is objected to because of the following informalities.
In paragraphs [0030] and [0091], the term “hydroxiethylcellulose” is misspelled and should be changed to “hydroxyethylcellulose”.
In paragraphs [0029], [0035], [0062], and [0090], the term “naphta” is misspelled and should be changed to “naphtha”.
In paragraphs [0035] and [0063], the term “naphtalene” is misspelled and should be changed to “naphthalene”.
Claim Objections
Claims 1-5 and 7-9 are objected to because of the following informalities:
In claim 1:
Line 6, the leading dash, i.e., “-“ should be deleted.
Line 11, the term “2,4%” should be changed to “2.4%”.
Line 11, the term “2-Butoxyethanol” should be changed to “2-butoxyethanol”.
Line 12, the term “Methanol” should be changed to “methanol”.
Line 13, the term “Water” should be changed to “water”.
Line 14, the term “Tetraethoxysilane” should be changed to “tetraethyoxysilane”.
Line 16, the term “the external layer” should be changed to “the outer layer”.
Line 22, the term “naphta ;” should be changed to “naphtha;”.
Line 23, the term “naphta” should be changed to “naphtha”.
Line 25, the term “0,2%” should be changed to “0.2%”.
Line 26, the term “0,2%” should be changed to “0.2%”.
Line 26, the term “naphtalene” should be changed to “naphthalene”.
In claim 2:
Line 5, the term “2-Butoxyethanol” should be changed to “2-butoxyethanol”.
Line 6, the term “Methanol” should be changed to “methanol”.
Line 7, the term “Water” should be changed to “water”.
Line 8, the term “0,2%” should be changed to “0.2%”.
Line 8, the term “naphtalene” should be changed to “naphthalene”.
In claim 3:
Line 6, the term “2-Ethylhexanol” should be changed to “2-ethylhexanol”.
Line 7, the term “naphta” should be changed to “naphtha”.
Line 9, the term “naphta” should be changed to “naphtha”.
Line 11, the term “0,2%” should be changed to “0.2%”.
Line 12, the term “0,2%” should be changed to “0.2%”.
In claim 4:
Line 5, the term “Compound A” should be changed to “compound A” (see claim 4, line 3).
Line 9 the term “2,5%” should be changed to “2.5%”.
Line 11, the term “Compound B” should be changed to “compound B”.
Line 12, the term “Silane” should be changed to “silane”.
Line 14, the terms “0,1 to 0,2%” should be changed to “0.1 to 0.2%”.
Line 16, the term “Compound C” should be changed to “compound C”.
Line 17, the term “0,2%” should be changed to “0.2%”.
Line 17, the term “hydroxiethylcellulose” should be changed to “hydroxyethylcellulose”.
In claim 5:
Line 9, the term “whereby” should be changed to “wherein”.
Line 10, the term “spray” should be changed to “spraying”.
Line 10, the terms “passing through” should be deleted.
Line 12, the term “cure” should be changed to “curing”.
In claim 7:
Line 3, the term “spray” should be changed to “spraying”.
Line 4, the term “whereby” should be change to “wherein”.
In claim 8:
Line 12, the term “whereby” should be change to “wherein”.
Line 15, the term “whereby” should be change to “wherein”.
In claim 9, line 5, the terms “and or” should be changed to “and/or”.
In claims 1-4, ranges of various components are claimed for the various compounds. Some of these ranges begin with “from” and other ranges do not. For consistency sake, the same phrasing should be used for all of these ranges.
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 1-11 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 the inventor or a joint inventor regards as the invention.
In claim 1, lines 1-3, the phrase “[a] coating composition…configured by at least one base layer, one intermediate layer and an outer layer” is indefinite in that it is unclear what statutory class of invention is being claimed. Specifically, one skilled in the art would recognize a coating composition as being a specific blend of chemical components that make up a coating formulation. However, claim 1 appears to require that the coating composition forms at least three (3) distinct layers. Such a configuration one be recognized by a skilled artisan as a composite, i.e., multi-layer coating, as opposed to a composition. This phrase is additionally indefinite in that it is unclear what the term “at least” (line 2) is limiting. Specifically, it is unclear if the claim requires at least of each of a base layer, intermediate layer, and an outer layer, or if only one of these layers, i.e., base, intermediate, or outer, is required. For purposes of this Office action, based on the disclosure, e.g., [0001] and Figure 3, clam 1 is being interpreted as being directed a multi-layer coating comprising at least one base layer, at least one intermediate layer, and at least one outer layer.
In claim 1, the following terms lack antecedent basis:
Line 3: “the same metallic component”;
Line 6: “the metallic surface”; and
Line 7: “the intermediate aqueous layer”.
In claim 1, line 23, the phrase “naphta solvent, petroleum, light aromatic 1” is unclear as to what compound/component is being claimed.
In claim 1, line 26, it is unclear what the terms “<0,2” represent or refer to.
In claim 2, line 8, it is unclear what the terms “<0,2” represent or refer to.
In claim 3, line 7, it is unclear if the term in parentheses, i.e., “(mineral oil)”, is exemplary or limiting.
In claim 3, line 8, it is unclear what the terms “71-36-3 1 rs-butyl alcohol” represent or refer to.
In claim 3, line 9, the phrase “naphta solvent, petroleum, light aromatic” is unclear as to what compound/component is being claimed.
In claim 4, line 4, it is unclear if the term “by weight” refers to the total weight of all of compounds A, B, and C, or individually for each compound.
In claim 4, line 12, the term “Silane (A-187)” is indefinite for two reasons. First, it is unclear if the term in parentheses, i.e., “(A-187)”, is exemplary or limiting. Second, it is unclear what “A-187” represents.
In claim 4, line 17, the weight percent relationship based on the amount of weight, i.e., “per Kg of the mixture of compounds A + B” is not understood. It appears as though the terms “per Kg of” should be changed to “based on”.
In claim 5, the following terms have antecedent basis from claim 1; thus, should be references as “the” or “said”:
Line 4, “a base layer”;
Lines 4-5, “a metallic component” (antecedent basis from claim 5, lines 1-2);
Line 5, “an organometallic dispersion”;
Line 6, “a zinc or zinc-alloy layer”;
Line 8, “an intermediate layer”; and
Line 12, “an outer layer”.
In claim 5, line 7, the term “the metallic part” lacks antecedent basis.
Claim 6 is indefinite in that it is unclear how the scope of this claim further limits claim 5.
In claim 8, line 13, the phrase “the basket initiates centrifuging” is indefinite. A basket is a static object that does not appear to be capable of initiating any centrifuging process(es).
In claim 8, line 15, the term “the set” lacks antecedent basis.
In claim 8, line 15, the term “the excess base coating” lacks antecedent basis.
In claim 8, line 16, the term “said coatings” (plural) lacks antecedent basis.
In claim 11, line 2, the term “the surface” lacks antecedent basis.
Allowable Subject Matter
Claims 1-11 would be allowable if rewritten or amended to overcome the rejections under 35 U.S.C. 112(b) set forth in this Office action. None of the prior art documents of record disclose or suggest the claimed multi-layer coating comprising a base layer of an organometallic dispersion based on Zn or Al alloys or a Zn or Zn alloy base layer, an intermediate layer comprising silicon oxide nanoparticles (up to 50 nm), 15-32 wt% colloidal silica, and 2.4-8 wt% 2-butoxyethanol, and an outer layer as defined in claim 1, lines 16-23.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US Pub 2003/0072962, US Pub 2006/0228575, US Pub 2014/0338656, and US Pub 2016/0024310 are cited to show the state of the art in anti-corrosion coatings.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Blaine Copenheaver whose telephone number is (571)272-1156. The examiner can normally be reached M-F 8-5.
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/BLAINE COPENHEAVER/Primary Examiner, Art Unit 1781