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
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
The information disclosure statement(s) (IDS) submitted on 6/21/24 has been considered by the examiner.
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 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.
Language from the reference(s) is shown in quotations. Limitations from the claims are shown in quotations within parentheses. Examiner explanations are shown in italics.
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 1-13 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Saruwatari et al. (JP 2012012668 A), as machine translated.
Regarding claim 1, Saruwatari teaches “treating the surface of a metal substrate with a rust-preventive coating-forming composition consisting of an aqueous solution containing vanadate ions, titanate ions, silicate ions, and nitrate ions in specific concentration ranges and adjusted to a specific pH range” (which reads upon “a chemical treatment liquid comprising a water-soluble titanium complex ion, a water-soluble vanadium-containing ion”, as recited in the instant claim; paragraph [0008]). Saruwatari teaches “nitrate ions at a concentration of 9.0 to 300 g/l supplied from one or more nitrates selected from NH₄NO₃, KNO₃, NaNO₃, LiNO₃, and Ca(NO₃)₂” (which reads upon “0.03 mol/L or more of an oxidizing agent”, as recited in the instant claim; paragraph [0009]). Choosing KNO₃ as an example, the molecular weight of KNO₃ is 101.1 g/mol. 9 g/L / 101 g/mol = 0.089 mol/L. 3009 g/L / 101 g/mol = 2.97 mol/L. Saruwatari teaches “an ion selected from titanate ions, fluorotitanic acid, and titanium ions at a concentration of 0.1 to 50 g/l in terms of Ti” (which reads upon “wherein a concentration of a fluorine ion is 0 to 0.3 g/L”, as recited in the instant claim; paragraph [0009]; fluorotitanic acid dissociates in water to release fluoride ions (F⁻) and titanium ions (Ti⁴⁺), however, the Ti⁴⁺ is part of the [TiF₆]²⁻ complex, so the fluoride ions are coordinated to titanium rather than being free in solution, thus one of ordinary skill in the art would understand that a concentration of a fluorine ion is 0 to 0.3 g/L). Saruwatari teaches that Example 1 uses ammonium hexafluorotitanate (NH4)2 TiF6 (Table 1).
Regarding claim 2, Saruwatari teaches “treating the surface of a metal substrate with a rust-preventive coating-forming composition consisting of an aqueous solution containing vanadate ions, titanate ions, silicate ions, and nitrate ions in specific concentration ranges and adjusted to a specific pH range” (which reads upon “a chemical treatment liquid comprising a water-soluble titanium complex ion, a water-soluble vanadium-containing ion”, as recited in the instant claim; paragraph [0008]). Saruwatari teaches “nitrate ions at a concentration of 9.0 to 300 g/l supplied from one or more nitrates selected from NH₄NO₃, KNO₃, NaNO₃, LiNO₃, and Ca(NO₃)₂” (which reads upon “0.03 mol/L or more of an oxidizing agent”, as recited in the instant claim; paragraph [0009]). Choosing KNO₃ as an example, the molecular weight of KNO₃ is 101.1 g/mol. 9 g/L / 101 g/mol = 0.089 mol/L. 300 g/L / 101 g/mol = 2.97 mol/L. Saruwatari teaches that “in Examples 2-18, test pieces were treated in the same manner as in Example 1 using the rust-preventive coating-forming compositions of the present invention shown in Table 1 to obtain the rust-preventive treated metal of the present invention” (paragraph [0059]). Saruwatari Table 1 teaches that example 8 uses only VCl3, Ti(SO4)2, K2SiO3, and KNO₃ (which reads upon “wherein a fluoride that releases a fluorine ion other than a fluoro complex is not added to the chemical treatment liquid”, as recited in the instant claim; Table 1; 150 g/L KNO₃ / 101 g/mol = 1.48 mol/L).
Regarding claim 3, Saruwatari teaches the liquid of claim 1 as stated above. Saruwatari teaches “an aqueous solution or aqueous dispersion adjusted to a pH in the range of 0.1 to 5.5” (paragraph [0009]). Saruwatari teaches that the pH range is “more preferably 1 to 4” (paragraph [0038]). Saruwatari teaches that Example 1 has “pH 2.0” (paragraph [0056] and Table 1).
Regarding claim 4, Saruwatari teaches the liquid of claim 1 as stated above. Saruwatari teaches “nitrate ions at a concentration of 9.0 to 300 g/l supplied from one or more nitrates selected from NH₄NO₃, KNO₃, NaNO₃, LiNO₃, and Ca(NO₃)₂” (paragraph [0009]).
Regarding claim 5, Saruwatari teaches the liquid of claim 1 as stated above. Saruwatari teaches “an ion selected from titanate ions, fluorotitanic acid, and titanium ions at a concentration of 0.1 to 50 g/l in terms of Ti” (paragraph [0009]; fluorotitanic acid dissociates in water to release fluoride ions (F⁻) and titanium ions (Ti⁴⁺), however, the Ti⁴⁺ is part of the [TiF₆]²⁻ complex, so the fluoride ions are coordinated to titanium rather than being free in solution). Saruwatari teaches that Example 1 uses ammonium hexafluorotitanate (NH4)2 TiF6 (Table 1).
Regarding claim 6, Saruwatari teaches the liquid of claim 1 as stated above. Saruwatari teaches that Example 1 uses 2 g/L ammonium hexafluorotitanate (NH4)2 TiF6 (Table 1).
Regarding claim 7, Saruwatari teaches the liquid of claim 1 as stated above. Saruwatari teaches “treating the surface of a metal substrate with a rust-preventive coating-forming composition consisting of an aqueous solution containing vanadate ions, titanate ions, silicate ions, and nitrate ions in specific concentration ranges and adjusted to a specific pH range” (paragraph [0008]; vanadate ions reads on pentavalent vanadium). Saruwatari teaches that “as a vanadate ion source for the aqueous solution, for example, water-soluble vanadates such as ammonium (meth)vanadate, potassium (meth)vanadate, sodium (meth)vanadate, lithium (meth)vanadate, orthovanadic acid, vanadyl sulfate, and VCCI-NER15 can be used, and one or more of these can be used in combination” (paragraph [0031]).
Regarding claim 8, Saruwatari teaches the liquid of claim 1 as stated above. Saruwatari teaches that “as a vanadate ion source for the aqueous solution, for example, water-soluble vanadates such as ammonium (meth)vanadate, potassium (meth)vanadate, sodium (meth)vanadate, lithium (meth)vanadate, orthovanadic acid, vanadyl sulfate, and VCCI-NER15 can be used, and one or more of these can be used in combination” (paragraph [0031]). Saruwatari teaches that Example 1 uses 10 g/L ammonium (meth)vanadate (NH4)VO3 (Table 1).
Regarding claim 9, Saruwatari teaches the liquid of claim 1 as stated above. Saruwatari teaches that “in addition to V, Ti, and Si, metal ions consisting of one or more selected from Mo, Co, Ni, Mn, Mg, Sr, Al, Ca, Zr, Ce, and W can be further added and used” (paragraph [0036]). Saruwatari teaches that “organic acid salts of these metals can be used” (paragraph [0036]). Saruwatari teaches that “examples of the molybdate compound that can be used include ammonium molybdate and sodium molybdate” (paragraph [0036]).
Regarding claim 10, Saruwatari teaches the liquid of claim 1 as stated above. Saruwatari teaches that “the first object of the present invention is to provide a rust-preventive coating-forming composition that can form a rust-preventive coating on a metal substrate surface that has excellent rust-preventive properties comparable to those of hexavalent chromium, without using harmful chemicals such as hexavalent chromium that affect the environment, and which maintains its rust-preventive properties because it has a self-healing effect even if scratches occur on the rust-preventive coating” (paragraph [0007]). Saruwatari teaches using trivalent chromium only in the comparative Examples (paragraph [0069]). Saruwatari Table 1 teaches that example 8 uses only VCl3, Ti(SO4)2, K2SiO3, and KNO₃ (Table 1).
Regarding claim 11, Saruwatari teaches the liquid of claim 1 as stated above. The limitation “for use on a zinc-containing metal material” is interpreted as intended use. Nevertheless, Saruwatari teaches “a rust-preventive coating-forming composition according to any one of claims 1 to 3, characterized in that the surface of the metal substrate is a surface selected from the group consisting of zinc, nickel, aluminum, magnesium, copper, iron and alloys thereof” (paragraph [0012]). Saruwatari teaches that “a test specimen was prepared by applying zinc plating to an SPCC steel plate (100 x 50 x 1.0 mm) with a plating thickness of 8 to 12 μm, and that this test specimen was treated by immersing it in the rust-preventive coating composition of the present invention” (paragraph [0056]).
Regarding claims 12-13, Saruwatari teaches that “a test specimen was prepared by applying zinc plating to an SPCC steel plate (100 x 50 x 1.0 mm) with a plating thickness of 8 to 12 μm, and that this test specimen was treated by immersing it in the rust-preventive coating composition of the present invention” (which reads upon “method for chemical treatment of a target metal material, comprising a step of immersing the target metal material into the chemical treatment liquid”, as recited in instant claim 12; which reads upon “wherein the target metal material is a zinc-containing metal material”, as recited in instant claim 13; paragraph [0056]). Saruwatari teaches “treating the surface of a metal substrate with a rust-preventive coating-forming composition consisting of an aqueous solution containing vanadate ions, titanate ions, silicate ions, and nitrate ions in specific concentration ranges and adjusted to a specific pH range” (which reads upon “a chemical treatment liquid comprising a water-soluble titanium complex ion, a water-soluble vanadium-containing ion”, as recited in the instant claim; paragraph [0008]). Saruwatari teaches “nitrate ions at a concentration of 9.0 to 300 g/l supplied from one or more nitrates selected from NH₄NO₃, KNO₃, NaNO₃, LiNO₃, and Ca(NO₃)₂” (which reads upon “0.03 mol/L or more of an oxidizing agent”, as recited in the instant claim; paragraph [0009]). Choosing KNO₃ as an example, the molecular weight of KNO₃ is 101.1 g/mol. 9 g/L / 101 g/mol = 0.089 mol/L. 3009 g/L / 101 g/mol = 2.97 mol/L. Saruwatari teaches “an ion selected from titanate ions, fluorotitanic acid, and titanium ions at a concentration of 0.1 to 50 g/l in terms of Ti” (which reads upon “wherein a concentration of a fluorine ion is 0 to 0.3 g/L”, as recited in the instant claim; paragraph [0009]; fluorotitanic acid dissociates in water to release fluoride ions (F⁻) and titanium ions (Ti⁴⁺), however, the Ti⁴⁺ is part of the [TiF₆]²⁻ complex, so the fluoride ions are coordinated to titanium rather than being free in solution, thus one of ordinary skill in the art would understand that a concentration of a fluorine ion is 0 to 0.3 g/L).
Contact Information
Any inquiry concerning this communication or earlier communications from the examiner should be directed to REBECCA JANSSEN whose telephone number is (571)272-5434. The examiner can normally be reached on Mon-Thurs 10-7 and alternating Fri 10-6.
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/REBECCA JANSSEN/Primary Examiner, Art Unit 1733
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