DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
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.
Priority
Receipt is acknowledged of papers submitted under 35 U.S.C. 119(a)-(d), which papers have been placed of record in the file.
Claim Rejections - 35 USC § 102
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 1-7 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Tokuda et al (US 2020/0002798 A1).
Regarding claim 1, Tokuda teaches a hot-dip metallic coated steel sheet (Abstract, [0087]), comprising: a steel material; and a hot-dip plated layer disposed on a surface of the steel material ([0087]), wherein the hot-dip plated layer has a chemical composition containing in terms of mass%, Al: 22%, Mg: 6%, Fe: 0.5%, Si: 0%, Ni: 0%, and Ca: 0.5%, and further containing one or two or more elements La: 0.1%, and B: 0.1%, in an amount of 5% or less in total, and the remainder: Zn and an impurity for example ([0383] Table 1-1-1, example 7A). Tokuda does not explicitly teach the X-ray diffraction intensity ratios as claimed in the formulars as claimed. However, the claimed XRD intensity features of the coated Zn-Al-Mg alloy fully depended by the alloy composition and hot-dipping processes. However, it is the position of the examiner that disclosure the X-ray diffraction intensity ratios as claimed in the formulars, are inherent, given that the two hot-dip metallic coated steel sheet disclosed by Tokuda et al. and the present application having same coated alloy composition and the same hot-dipping process including coating in plating bath ([0295]) with same plating bath temperature (the melting point of a plating bath+20° C.) ([0287]); mist cooling with the mean cooling rate applied to temperature range from 420° C to 250° C in the range of 10 to 20° C/sec ([0289]), which are same hot-dipping process as disclosed in the instant specification (refer to table 2 of the instant specification). A reference which is silent about a claimed invention’s features is inherently anticipatory if the missing feature is necessarily present in that which is described in the reference. Inherency is not established by probabilities or possibilities. In re Robertson, 49 USPQ2d 1949 (1999).
Regarding claim 2, Tokuda teaches wherein the amount of Mg in the chemical composition of the hot-dip plated layer is 6%, in terms of mass% for example ([0383] Table 1-1-1, example 7A).
Regarding claim 3, Tokuda teaches wherein the amount of Mg in the chemical composition of the hot-dip plated layer is 6%, in terms of mass% for example ([0383] Table 1-1-1, example 7A).
Regarding claim 4, Tokuda teaches wherein the chemical composition of the hot-dip plated layer contains Sn: 0.5% in terms of mass%, and the hot-dip plated layer has a result of X-ray diffraction measurement that an Mg2Sn phase is detected for example ([0197], [0383] Table 1-1-1, Table 1-4-1, example 7A).
Regarding claim 5, Tokuda teaches a hot-dip metallic coated steel sheet (Abstract, [0087]), comprising: a steel material; and a hot-dip plated layer disposed on a surface of the steel material ([0087]), wherein the hot-dip plated layer has a chemical composition containing in terms of mass%, Al: 22%, Mg: 6%, Fe: 0.5%, Si: 0%, Ni: 0%, and Ca: 0.5%, and further containing one or two or more elements La: 0.1%, and B: 0.1%, in an amount of 5% or less in total, and the remainder: Zn and an impurity for example ([0383] Table 1-1-1, example 7A). Tokuda does not explicitly teach the X-ray diffraction intensity ratios as claimed in the formulars as claimed. However, the claimed XRD intensity features of the coated Zn-Al-Mg alloy fully depended by the alloy composition and hot-dipping processes. However, it is the position of the examiner that disclosure the X-ray diffraction intensity ratios as claimed in the formulars, are inherent, given that the two hot-dip metallic coated steel sheet disclosed by Tokuda et al. and the present application having same coated alloy composition and the same hot-dipping process including coating in plating bath ([0295]) with same plating bath temperature (the melting point of a plating bath+20° C.) ([0287]); mist cooling with the mean cooling rate applied to temperature range from 420° C to 250° C in the range of 10 to 20° C/sec ([0289]), which are same hot-dipping process as disclosed in the instant specification (refer to table 2 of the instant specification). A reference which is silent about a claimed invention’s features is inherently anticipatory if the missing feature is necessarily present in that which is described in the reference. Inherency is not established by probabilities or possibilities. In re Robertson, 49 USPQ2d 1949 (1999).
Regarding claim 6, Tokuda teaches wherein the amount of Al in the chemical composition of the hot-dip plated layer is 22%, in terms of mass% for example ([0383] Table 1-1-1, example 7A).
Regarding claim 7, Tokuda teaches wherein the chemical composition of the hot-dip plated layer contains Sn: 0.5% in terms of mass%, and the hot-dip plated layer has a result of X-ray diffraction measurement that an Mg2Sn phase is detected for example ([0197], [0383] Table 1-1-1, Table 1-4-1, example 7A).
Element
From instant Claims 1, 2,3 and 5, 6 (Mass%)
Example #7A in table 1-1-1 of Tokuda (mass%)
within range
(mass%)
Al
10.0-30.0 (cl.1)
15.0-30.0 (cl.5)
22
22
22 (cl.1)
22 (cl.5)
Mg
4.0-15.0 (cl.1)
5.0-10.0 (cl.5)
6
6
Fe
0.01-15.0
0.5
0.5
Si
0-10.0
0
0
Ni
0-1.0
0.1
0.1
Ca
0-4.0
0.5
0.5
One or two or more selected form group consisting of
Sb: 0 to 0.5, Pb: 0 to 0.5, Cu: 0 to 1.0, Sn: 0 to 2.0, Ti: 0 to 1.0, Cr: 0 to 1.0, Nb: 0 to 1.0, Zr: 0 to 1.0, Mn: 0 to 1.0, Mo: 0 to 1.0, Ag: 0 to 1.0, Li: 0 to 1.0, La: 0 to 0.5, Ce: 0 to 0.5, B: 0 to 0.5, Y: 0 to 0.5, P: 0 to 0.5, Sr: 0 to 0.5, Co: 0 to 0.5, Bi: 0 to 0.5, In: 0 to 0.5, V: 0 to 0.5, and W: 0 to 0.5,
in an amount of 5 or less in total
B: 0.1,
La: 0.1,
Cr: 0.1,
Sb: 0.2;
Sn: 0.5
Total: 1.0
B: 0.1,
La: 0.1,
Cr: 0.1,
Sb: 0.2;
Sn: 0.5
Total: 1.0
Zn
Balance + impurities
Balance + impurities
Balance + impurities
X-Ray features
Formulas (1a)-(2a) (cl.1)
Formulas (1b)-(2b) (cl.5)
Depended on the alloy composition and manufacturing process
MPEP 2112 01 and 2145 II.
From Claim 4 and 7
Sn
0.05-0.5
0.5
0.5
Mg2Sn phase
detected
Sn compound 1 area%
Table 1-4-1
Reads on
Terminal Disclaimer
3. The terminal disclaimer filed on January 20, 2026 disclaiming the terminal portion of any patent granted on this application which would extend beyond the expiration date of US Patent No. 18/254,460 and US 12,110,595 have been reviewed and is accepted. The terminal disclaimer has been recorded.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to HAI YAN ZHANG whose telephone number is (571)270-7181. The examiner can normally be reached on MTTHF.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, DAH-WEI YUAN can be reached on 571-272-1295. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/HAI Y ZHANG/ Primary Examiner, Art Unit 1717
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