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 .
Priority
Acknowledgment is made of applicant’s claim for foreign priority under 35 U.S.C. 119 (a)-(d). The certified copy has been filed in parent Application No. CN202210194674.4, filed on 03/01/2022.
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 5-7 are 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 6 recites the limitation "the raw material of the microporous nickel layer" in line 2. There is insufficient antecedent basis for this limitation in the claim.
Claim 7 recites the limitation "the raw material of the semi-bright nickel layer" in line 2. There is insufficient antecedent basis for this limitation in the claim.
Claim 5-7 contains the trademark/trade name “TRICHROME ADDITVE”, “TRICHROME STABILIZER”, “ZD-220”, “MPS 200”, etc. Where a trademark or trade name is used in a claim as a limitation to identify or describe a particular material or product, the claim does not comply with the requirements of 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph. See Ex parte Simpson, 218 USPQ 1020 (Bd. App. 1982). The claim scope is uncertain since the trademark or trade name cannot be used properly to identify any particular material or product. A trademark or trade name is used to identify a source of goods, and not the goods themselves. Thus, a trademark or trade name does not identify or describe the goods associated with the trademark or trade name. In the present case, the trademark/trade name is used to identify/describe plating additives, such as source of trivalent chromium, a chromium stabilizer, a brightener, etc., accordingly, the identification/description is indefinite.
Allowable Subject Matter
Claims 1-4 and 8-15 are allowed.
The following is a statement of reasons for the indication of allowable subject matter: the closest prior art (Tang et al. CN 106835011 A, provided with IDS) discloses a substrate with a intermediate layers comprising metal elements such as Cr, Ti, Ni, with diamond like nanoneedles, having antibacterial property. Macary (US 20090317556 A1) discloses a plating layer comprising: a semi-bright nickel layer, a microporous nickel layer on top of the semi-bright nickel layer, and a chromium layer on top of the microporous nickel layer [0005] for a corrosion resistant, decorative coating in automotive applications.
Diaddario (US 20110065804) teaches antimicrobial/antiviral [0016] agents in electrodeposited metal layers [0033]. The article can include a substrate, a nickel layer, a copper layer, and a chromium layer [0022]. The chromium layer can have antimicrobial properties [0040]. The nickel layer can be semi-bright nickel [0037]. The antimicrobial agent can be 50 ppm to 5000 ppm [0034]. However, Diaddario does not teach microporous nickel, black chromium, ammonium salt, or nano-needle structure.
Ozkaya (US 20230193497) teaches electroplating black chromium (title), optionally with a nickel layer and MPS (porous) nickel layer [0127]-[130]. The plating bath can include ammonium chloride (ammonium salt) in the bath of 3 g/L to 20 g/L [0052]-[0052]. However, Ozkaya does not teach antiviral/antimicrobial or nano-needle structure.
The prior art of record does not disclose nor suggest providing the automotive decorative layer with antimicrobial properties.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Wojciech Haske whose telephone number is (571)272-5666. The examiner can normally be reached M-F: 9:30 am - 6:00 pm.
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/WOJCIECH HASKE/Examiner, Art Unit 1794
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