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 § 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 10 and 11 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.
Regarding Claim 10, it is unclear whether “before” could occur also before the “iron-nickel alloy layer forming step” or whether it must occur after this step.
Regarding Claim 11, it is unclear what is the proportion basis being claimed. Is it by atom, by weight, or something else?
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.
Claim(s) 1, 3, 6, 8, and 9 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Ishizuka JP 2002-212778. Ishizuka describes a plated steel sheet for a positive electrode can of an alkaline manganese battery, the plated steel sheet having an Fe-Ni diffusion layer as a first layer and a discontinuous Ni plating layer as a second layer on the inner surface of the can (paragraph [0007]). Ishizuka indicates that the discontinuous Ni plating layer is a layer in which submicron to micron ordered granular Ni plating crystal grains are scattered (paragraph [0009]). Therefore, the discontinuous Ni plating layer can be identified with the "roughened nickel layer" of claim 1 of the present application. Regarding Claim 3, Ishizuka describes a case in which an Fe-Ni diffusion layer is formed fully on the inner surface of a steel sheet and partially on the outer surface of a steel sheet (Ex. 3; Table 1, Ex 3; and Claim 6) and teaches further providing discontinuous layer on inner surface and bright Ni plating layer on the outer surface (Ex. 3). This configuration is considered to teach what is claimed for two reasons. Firstly, when the discontinuous layer is applied on the inner surface, it would be expected that the inner surface has a gradient of Fe and so the portion of the diffusion layer nearest the outer portion would have less Fe and can be identified as a Ni layer being present between the roughened Ni layer and iron-nickel diffusion layer (the portion of diffusion layer with more Fe that is closer to the steel substrate) as claimed. Secondly, the bright Ni layer is applied, as per Ishizuka, to a nickel layer that was not fully formed into a Fe-Ni diffusion layer which is understood to mean that the outer portion is effectively containing no Fe. Thus, the subsequently applied bright layer can be identified with the claimed “roughened nickel layer”. Bright Ni layer applied with saccharin would be expected to have inherent roughness. See Renner et al., in “Effect of thiourea and saccharin on the roughness of electrodeposited ultrathin nickel and cobalt layers” in J. Applied Electrochemistry, 32, 621-627 (2002, no month). Regarding Claim 6, for Ex. 3, on the inner surface the amount of Ni would be 5+9 or 14 grams per square meter and on the outer surface the amount of Ni would be 18+9 or 27 grams per square meter. Regarding Claims 8 and 9, Ishizuka indicates that Ni plating is applied to the surface of a steel sheet, a heat treatment is then performed to form the Fe-Ni diffusion layer, and, thereafter, a non-glossy Ni plating (corresponding to the "roughened nickel plating step" of claim 1 of the present application) is applied onto the Fe-Ni diffusion layer to form the discontinuous Ni plating layer (paragraphs [0009], [0013]).
Claim(s) 1, 3, 5, 6, 8, and 9 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Ishizuka JP 2005-085480 A. Ishizuka ‘480 discloses an Ni-plated steel sheet for a battery can, the Ni-plated steel sheet having an Fe-Ni diffusion layer and an Ni plating layer recrystallized and softened layer further plated with a semi-gloss agent-containing Ni-plated layer on the surface of the Ni-plated layer (paragraphs [0010]-[0014]), wherein the Ra is 0.2 microns or more (paragraph 11). Therefore, the semi-gloss agent-containing Ni plating layer is identified with the "roughened nickel layer" of claim 1. Regarding Claim 3, the Ni plating layer that is positioned between the Fe-Ni diffusion layer and the semi-gloss agent-containing Ni plating layer corresponds to the "nickel layer" of claim 3. Regarding Claim 5, the total of Ni in Fe-Ni and Ni layer is 5 to 45 grams per square meter (top page 5) and exemplified as ranging from 6 to 27 (Table 1, Exs. 1-7). Regarding Claim 6, the total roughened Ni layer is 0.5 grams per square meter or more (page 5, third paragraph) and exemplified as ranging from 1 to 18 grams per square meter (Table 1, Exs. 1-7). These include examples falling in the claimed range (Ex. 6: 27+5 or 32 grams per square meter). Regarding Claim 8, Ishizuka ‘480 teaches applying an Fe-Ni diffusion layer alone or with an Ni plating layer recrystallized and softened layer followed by plating with a semi-gloss agent-containing Ni-plated layer on the surface (paragraphs [0010]-[0014]), wherein the Ra is 0.2 microns [“roughened”] or more (paragraph 11). Regarding Claim 9, the Fe-Ni layer, as discussed above, is formed by first applying a nickel layer plating and then heat treating.
Claim Rejections - 35 USC § 103
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
Determining the scope and contents of the prior art.
Ascertaining the differences between the prior art and the claims at issue.
Resolving the level of ordinary skill in the pertinent art.
Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 3-6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ishizuka JP 2002-212778. Ishizuka is relied upon as set forth above in the section 102 rejection over Ishizuka. Ishizuka may not teach providing discontinuous Ni layer on the outer surface of steel sheet, but suggests doing so (Claim 6). It would have been obvious to one of ordinary skill in the art before the time of filing to provide discontinuous Ni layer on the outer surface of the steel sheet since Ishizuka teaches that effective laminates can be prepared in this manner. In doing so the structure of steel, Fe-Ni diffusion layer, Ni layer, and roughened Ni layer would be expected to be obtained on the outer surface of the steel sheet. Regarding Claim 4, the suggested amount of Ni could be from 0.1 to 9 grams per square meter (Claim 6), rendering obvious the claimed range. See MPEP 2144.05. Regarding Claim 5, Ni on the outer surface is taught at 18 grams per square meter (Ex. 3), which leads to claimed Fe-Ni and nickel layer, which amount is in the claimed range. Regarding Claim 6, Ishizuka further suggests amount of discontinuous layer can be from 0.1 to 9 grams per square meter (Claim 6), which leads to claimed range of this claim (e.g., 18.1 to 27 grams per square meter).
Claim(s) 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ishizuka JP 2005-085480 A. Ishizuka ‘480 is relied upon as set forth above in the section 102 rejection over Ishizuka ‘480. Ishizuka ‘480 does not expressly teach amount of Ni in nickel layer since Ishizuka teaches combined amount in the diffusion layer plus Ni layer is from 5 to 45 grams per square meter (top page 5). However, Ishizuka teaches forming Fe-Ni diffusion layer with Ni layer under exemplified conditions which include total Ni amounts of 6, 18, or 27 grams per square meter. While such amounts lead to Ni layer, it may be unclear how much Ni is solely in the Ni layer. Thus, it would have been obvious to one of ordinary skill in the art before the time of invention to provide initial Ni layer in the suggested range of up to 45 grams per square meter. In doing so, it would be expected that at some coating level, there would be Ni layer formed having claimed range of 0.08 to 8.90 grams per square meter since Ishizuka teaches that exemplified treatment conditions lead to Ni layer from which it follows that at some point in range from 0 to 27 grams per square meter a Ni layer forms and for amounts of up to 45 grams per square meter effective layers can be obtained. Thus, if Ni layer only forms at 27 grams per square meter, the addition of 5 grams per square meter leads to total of 32 grams per square meter, which is in range of less than 45 grams per square meter; thus, there would be claimed amount of Ni in Ni layer.
Claim(s) 1-4 and 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Horie WO 2021/020338 (as translated by USPA 2022/0282388) in view of Taya USPA 2015/0111057. Horie teaches steel sheet (paragraphs 18 and 47) wherein there can be provided heat treated plating layer thereon (paragraph 50). Horie teaches that roughened Ni layer can be applied (paragraphs 60, 64, and 66). Horie teaches that these sheets can be used for applications involving adherence to resin (paragraphs 7 and 88). Horie does not teach Fe-Ni layer as the heat treated layer. Taya teaches steel sheets for bonding to resin (paragraph 5). Taya teaches that such sheets have Fe-Ni alloy layers between Ni layer and steel substrate (paragraphs 24 and 88). It would have been obvious to one of ordinary skill in the art before the time of invention to provide the steel sheet of Horie with Fe-Ni alloy plated layer between steel and roughened Ni layer because Horie teaches resin bonding applications for Horie’s steel and teaches that general heat-treated plating layer on steel can be effective substrate and because Taya teaches that these are specifically effective steel substrate coating layers for resin bonding applications. Regarding Claim 2, Horie teaches SRa values in the claimed range for Sa (paragraphs 60, 64, and 66) and teaches L* brightness levels in the claimed range (paragraph 49). SRa is another name for Sa. See Areal Field Parameters, downloaded from guide.digitalsurf.com on 8 Jan. 2026 (no date) (page 1, at paragraphs 1 and 2) (explaining that SRa is a real parameter analogous to Ra and is now designated Sa). Note also that Horie teaches means of calculating SRa which is an average of Ra values over an entire (“three-dimensional”) surface (paragraphs 60 et seq.). It would have been obvious to one of ordinary skill in the art before the time of invention to provide the roughening surface in Horie in view of Taya with any of the suggested Sa and L* values in Horie since Horie teaches that such roughened surfaces lead to effective adhesion (paragraph 209). Regarding Claim 3, Horie suggests intervening Ni layer between base and roughened Ni layer (Claim 10), rendering the configuration obvious. Regarding Claim 4, Horie suggests range of roughened Ni layer amounts and range of total amounts of intervening Ni layer and roughened Ni layer (paragraphs 104-106). For example, the total amount can be in a range up to 57.85 per square meter with the amount of roughened Ni layer being in a range up to 45 grams per square meter. Horie suggests these are all effective rendering them obvious. Thus, for example, were there total of 40 grams per square meter and roughened amount of 35 grams per square meter, the amount of Ni in the intervening Ni layer would be 5 grams per square meter. Regarding Claim 7, while Horie and Taya do not expressly teach or suggest surfaces having the claimed Vmp parameter, it is related to the three dimensional areal roughness being low, which these rendered obvious plated sheets obtain, in that they achieve claimed Sa and L* values. The Specification demonstrates that when this occurs Vmp is always obtained. See Specification (Table 1). Thus, it would be expected that the claimed Vmp values are the same as or substantially the same as those obtained in the rendered obvious sheets of Horie in view of Taya.
Claim(s) 10 and 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ishizuka JP 2002-212778 in view of Ohmura AU 670287. Ishizuka is relied upon as set forth above in the section 102 rejection over Ishizuka. Ishizuka does not teach forming nickel layer that is to be heat treated to form the Fe-Ni diffusion layer by first depositing nickel strike layer and then nickel plating. Ohmura teaches that corrosion resistant strip having nickel layer to be heat treated for forming Fe-Ni diffusion layer is formed by applying Ni strike layer and Ni plating layer (Claims 1-3; page 5, lines 15-27), wherein these can be used in batteries (page 1a). Ohmura teaches total thickness can be from 1-5 microns (Claim 1). A 1-micron layer has weight of ca. 8.9 grams per square meter since density of Ni is 8.9 grams per cubic centimeter. Ishizuka teaches coating weight can be from 0.1 to 18 grams per square meter. Thus, the coating weights overlap. Thus, it would have been obvious to one of ordinary skill in the art before the time of filing to apply the Ni layer in Ishizuka that is to be heat treated to form Fe-Ni diffusion layer by first applying Ni strike layer and then Ni plating layer since Ohmura teaches that it is an effective means of forming Fe-Ni diffusion layer that confers corrosion resistance in battery cells, which is use to which Ishizuka seeks to use these plated steel sheets. Regarding Claim 11, Ishizuka does not teach Fe concentration at surface of Fe-Ni diffusion layer. Ohmura teaches that effective concentration is 30% or less (page 8, lines 3-10). It would have been obvious to one of ordinary skill in the art before the time of filing to perform the heat treatment to form the Fe-Ni diffusion layer such that the Fe concentration at the surface is 30% or less in order to obtain effective plated steel for battery uses having good corrosion resistance as suggested by Ohmura.
Claim(s) 10 and 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ishizuka JP 2005-085480 A in view of Ohmura AU 670287. Ishizuka ‘480 is relied upon as set forth above in the section 102 rejection over Ishizuka ‘480. Ishizuka ‘480 does not expressly teach forming nickel layer that is to be heat treated to form the Fe-Ni diffusion layer by first depositing nickel strike layer and then nickel plating. Ohmura teaches that corrosion resistant strip having nickel layer to be heat treated for forming Fe-Ni diffusion layer is formed by applying Ni strike layer and Ni plating layer (Claims 1-3; page 5, lines 15-27), wherein these can be used in batteries (page 1a). Ohmura teaches total thickness can be from 1-5 microns (Claim 1). A 1-micron layer has weight of ca. 8.9 grams per square meter since density of Ni is 8.9 grams per cubic centimeter. Ishizuka ‘480 teaches coating weight can be from ca 5 to 45 grams per square meter. Thus, the coating weights overlap. Thus, it would have been obvious to one of ordinary skill in the art before the time of filing to apply the Ni layer in Ishizuka ‘480 that is to be heat treated to form Fe-Ni diffusion layer by first applying Ni strike layer and then Ni plating layer since Ohmura teaches that it is an effective means of forming Fe-Ni diffusion layer that confers corrosion resistance in battery cells, which is use to which Ishizuka ‘480 seeks to use these plated steel sheets. Regarding Claim 11, Ishizuka ‘480 does not teach Fe concentration at surface of Fe-Ni diffusion layer. Ohmura teaches that effective concentration is 30% or less (page 8, lines 3-10). It would have been obvious to one of ordinary skill in the art before the time of filing to perform the heat treatment to form the Fe-Ni diffusion layer such that the Fe concentration at the surface is 30% or less in order to obtain effective plated steel for battery uses having good corrosion resistance as suggested by Ohmura.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MICHAEL E. LA VILLA whose telephone number is (571)272-1539. The examiner can normally be reached Mon. through Fri. from 9:00 a.m. ET to 5:30 p.m. ET.
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/MICHAEL E. LA VILLA/Primary Examiner, Art Unit 1784
9 January 2026