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 .
Election/Restrictions
Applicant’s election of Group I, claims 1-8, in the reply filed on 26 January 2026 is acknowledged. Because applicant did not distinctly and specifically point out the supposed errors in the restriction requirement, the election has been treated as an election without traverse (MPEP § 818.01(a)).
Claim 9 is withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 26 January 2026.
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. 18/034,265, filed on 27 April 2023.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 5 August 2024 was considered by the examiner.
Double Patenting
Claims 1-8 (Referred herein as Instant Claims 1-8) are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-4 (Referred herein as Reference Claim 1-4) of U.S. Patent No. 12,084,734. Although the claims at issue are not identical, they are not patentably distinct from each other.
The instant claims and the claims of the reference patent overlap in scope.
Instant Claim 1 is directed to a hot press formed part. The Instant Claim 1 sets forth a base steel sheet with an aluminum or aluminum alloy plating layer disposed on at least one surface of the base steel sheet. The hot press formed part includes an Sn-enriched layer. The hot press formed part satisfies Relational Expressions for the relationships of tin within the hot press formed part.
Reference Claim 1 is directed to a plated steel sheet for hot press forming. The Reference Claim 1 sets forth a base steel sheet with an aluminum or aluminum alloy plating layer disposed on at least one surface of the base steel sheet. The plated steel sheet includes an Sn-enriched layer disposed on at least one surface of the base steel sheet between the base steel sheet and the plating layer. The plated steel sheet satisfies Relational Expressions for the relationships of tin within the plated steel sheet.
Instant Claim 1 and Reference Claim 1 differ in the preambles of the claims, however this does not result in a patentably distinct product. Reference Claim 1 is directed to a plated steel sheet for hot press forming, whereas Instant Claim 1 is directed to a hot press formed part. Accordingly, Reference Claim 1 is a sheet that has not necessarily been hot press formed. However, Instant Claim 1 does not set forth any process parameters, conditions, or resulting properties for a hot press formed part. The process of hot press forming is not limited in any way. Therefore, even de minimis hot press forming would fall within the scope of this claim. In particular, any amount of hot press forming would meet this product-by-process limitation even if the resulting process would not result in a patentably distinct structure, e.g. difference in microstructure, shape, diffusion or alteration of layers. Hence, the product claimed in Instant Claim 1 is not patentably distinct from that of Reference Claim 1.
Instant Claim 1 and Reference Claim 1 also differ in the particular Relational Expressions values set forth within each of these claims. However, the Relational Expressions of Instant Claim 1 are completely encompassed by the Relational Expressions of Reference Claim 1.
For these reasons, although the claims at issue are not identical, they are not patentably distinct from each other.
As to Instant Claim 2, the composition set forth within this claim is also set forth in Reference Claim 1.
As to Instant Claim 3, ferrite is not a required element of Reference Claim 1. Therefore, the amount of ferrite in Reference Claim 1, e.g. a zero value of ferrite, can fall within the range of Instant Claim 3.
As to Instant Claim 4, the thickness of the Sn-enriched layer set forth within this claim overlaps the range of the Sn-enriched layer of Reference Claim 2.
As to Instant Claim 5, the Relational Expression set forth within this claim falls within the range set forth within the Relational Expression of Reference Claim 1.
As to Instant Claim 6, diffusible hydrogen is not a required element of Reference Claim 1. Therefore, the amount of ferrite in Reference Claim 1, e.g. a zero value of diffusible hydrogen, can fall within the range of Instant Claim 6.
As to Instant Claim 7, the Mn segregation band and its associated properties set forth within this claim are set forth within Reference Claim 3.
As to Instant Claim 8, the thickness of the Mn segregation band set forth within this claim falls within the range of the Mn segregation band set forth within Reference Claim 4.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
A search of the prior art turned up relevant art that is pertinent but do not, either alone or in an appropriate combination, set forth each and every claimed limitation.
U.S. Patent Number 10,144,196 is directed to a steel sheet for hot pressing that is capable of suppressing formation of scales or ZnO in hot pressing and excellent in oxidation resistance. (Abstract) The steel sheet for hot pressing includes a base steel sheet and a plating layer that is formed on a surface of the base steel sheet at a coating weight of 10 to 90 g/m2 and contains 10 to 25% by mass of Ni and the balance Zn with inevitable impurities. (Abstract) This reference does not set forth the tin-enrichment as set forth in the instant claims.
U.S. Patent Number 10,640,840 is directed to a hot press formed member having a melted aluminum plating layer formed on the surface of a base steel sheet and excellent delamination resistance. (Abstract) The plating layer consists of a soft diffusion layer and a hard alloy layer, the hard alloy layer having a tau layer irregularly and non-continuously dispersed and distributed on the inside thereof at 10% or more of the entire area fraction. (Abstract) The substrate steel sheet includes tin. (2:53-55) This reference does not set forth the relational expressions as set forth in the instant claims nor does it set forth process parameters that would necessarily or inherently result in these rational expressions.
U.S. Patent Number 6,911,268 is directed to a high strength hot-dip galvanized or galvannealed steel sheet, which has improved press formability and plating adhesion and is useful as a member for automobile, building, electric or other members, and a process for producing the same. (Abstract) The steel sheet may contain tin. (Abstract) This reference does not set forth the relational expressions as set forth in the instant claims nor does it set forth process parameters that would necessarily or inherently result in these rational expressions.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Daniel Schleis whose telephone number is (571)270-5636. The examiner can normally be reached 10 AM to 4 PM Monday through Friday.
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Daniel J. Schleis
Primary Examiner
Art Unit 1784
/Daniel J. Schleis/ Primary Examiner, Art Unit 1784