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 .
Claim Rejections - 35 USC § 102
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 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.
Claims 1-4, 7-10, 12, 14, 17, 19, and 20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Dolan et al. (2017/0148548).
Dolan et al. discloses a coated overhead conductor comprising a conductor (18) comprising aluminum ([0025]) or an alloy thereof and a coating (62) comprising a ceramic or a ceramic and a filler (re-claim 1), wherein the ceramic comprises alumina (re-claim 10). Dolan et al. also discloses that the conductor comprises an ACSS (aluminum conductor steel support) ([0025]) (re-claims 2 and 12); the ceramic comprising alumina ([0028]) (re-claim 3); the filler comprises a rare earth metal compound ([0033], cerium oxides or yttrium oxides) (re-claims 4 and 14); the coated conductor comprises an interfacial weld between the coating and the conductor ([0031], chemically bonded) (re-claims 7 and 17); the coating has a thickness of about 5 µm to about 30 µm ([0038]) (re-claims 8, 9, 19, and 20).
Claims 1, 6, 10, and 16 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Yoshida et al. (10090079).
Yoshida et al. discloses a coated overhead conductor comprising a conductor (11) comprising aluminum or an alloy thereof and a coating (13) comprising a ceramic or a ceramic and a filler (re-claim 1), wherein the ceramic comprises alumina (col. 6 lines 21-23) (re-claim 10).
Re-claims 6 and 16, it has been held that the patentability of a product claim is determined by the novelty and nonobviouness of the claimed product itself without consideration of the process for making it, thermal spray, which is recited in the claim. In re Thorpe, 111 F. 2d 695, 698, 227 USPQ 964, 966; see also In re Nordt Development Co., LLC, [2017-1445] (February 8, 2018).
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.
Claims 5 and 15 are rejected under 35 U.S.C. 103 as being unpatentable over Dolan et al. in view of Singer et al. (4657787).
Claims 5 and 15 additionally recite the coating further comprising one or more aluminum splats. Singer et al. discloses an invention directed to spraying a coating comprising aluminum splats onto a metal substrate. It would have been obvious to one skilled in the art to provide a coating comprising aluminum splats as taught by Singer et al. in the coated conductor of Dolan et al. to provide a smooth coating (Singer, col. 2 lines 23-24).
Claim 11 is rejected under 35 U.S.C. 103 as being unpatentable over Dolan et al. in view of Aoki (WO 2021/193690).
Claim 11 additionally recites the coating further comprising a hydrophobe. Aoki discloses a coating comprising a ceramic and further comprising a hydrophobe (page 5 of the English machined translation, hydrophobic alumina or hydrophobic titania). It would have been obvious to one skilled in the art to include a hydrophobe in the coating of Dolan et al. to increase the water resistance of the coating (see Aoki, page 3).
Claims 13 and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Dolan et al. in view of Kobayashi et al. (2024/0359998).
Claims 13 and 18 additionally recite the ceramic comprising black titania. Kobayashi et al. discloses a ceramic composition. Kobayashi et al. discloses that black titania (black titanium dioxide, [0002]) is known in the art for being used as a black pigment. It would have been obvious to one skilled in the art to modify the ceramic of Dolan et al. to comprise black titania (i.e., using black titania as the metal oxide other than aluminum oxide) to provide the coating with a color since black titania is known in the art for being used as a black pigment.
Contact Information
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHAU N NGUYEN whose telephone number is (571)272-1980. The examiner can normally be reached M-Th, 7am to 5:30pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Imani N Hayman can be reached at 571-270-5528. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/CHAU N NGUYEN/Primary Examiner, Art Unit 2841
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