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 with traverse of Group 1, claims 1-21 and 23-24 in the reply filed on 5/13/2026 is acknowledged. The traversal is on the ground(s) that the subject matter of all claims is related and that a thorough search for the subject matter of any one of the group of claims would encompass a search for the subject matter of the remaining claims, and that the search and examination of the entire application could be made without serious burden. This is not found persuasive because the consideration of undue burden is one that must be made by the examiner. Applicant’s arguments that the search of one invention must necessarily result in a search for the other one has been considered, but is not found persuasive insofar as the searches are not co-extensive, as shown in the restriction requirement, and additional search would be of necessity for the combination of inventions.
The requirement is still deemed proper and is therefore made FINAL.
Claim 22 is withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected invention, there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on 5/13/2026.
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
The information disclosure statements (IDS) submitted on 11/22/2024 and 4/30/2026 have been considered by the examiner.
Claim Objections
Claims 17-19 are objected to because of the following informalities:
Claims 17-19 are missing a comma after the claim number recited in the claim.
Appropriate correction is required.
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:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 1-16, 18, 20, and 23-24 are rejected under 35 U.S.C. 103 as being unpatentable over Allely et al. (PG Pub U.S 2016/0010216) and further in view of Smith et al. (PG Pub U.S 2009/0149363).
Regarding claim 1, Allely teaches a method for cleaning and conditioning of galvanized (ZM) steel by contacting galvanized (ZM) steel surfaces with an alkaline aqueous composition (abstract and para 0020) containing at least 1.0 mmol/kg of magnesium ions dissolved in an aqueous phase thereof (abstract, para 0020, and 0064) and at least one water-soluble organic complexing agent (para 0080-0081), and a pH value that is greater than 11.5 (para 0073). A prima facie case of obviousness exists because the range disclosed by the prior art overlaps the claimed range. See MPEP 2144.05 I. Allely fails to teach wherein the alkaline aqueous composition has a free alkalinity of greater than 3.0 points. However, Smith teaches the alkaline aqueous composition has a free alkalinity of greater than 3.0 points (para 0010, 0041-0048, and 0067-0070) in order to provide antimicrobial agent and provide sanitization (para 0112). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Allely such that wherein the alkaline aqueous composition has a free alkalinity of greater than 3.0 points as taught by Smith in order to order to provide antimicrobial agent and provide sanitization.
Regarding claim 2, the present combination of Allely and Smith teaches wherein the alkaline aqueous composition has a total alkalinity of greater than 5.0 points, and a ratio of total alkalinity to free alkalinity of less than 3.0 (para 0010, 0041-0048, 0067-0070 and 0112 of Smith).
Regarding claim 3, the present combination of Allely and Smith teaches wherein the pH value of the alkaline aqueous composition is greater than 12.0 (para 0073 of Allely).
Regarding claim 4, the present combination of Allely and Smith teaches wherein the proportion of magnesium ions dissolved in the aqueous phase is at least 2.0 mmol/kg but not more than 0.080 mol/kg, based on the alkaline aqueous composition (para 0041 of Allely).
Regarding claim 5, the present combination of Allely and Smith teaches wherein the alkaline aqucous composition additionally contains at least 0.4 mmol/kg iron ions but less than 0.040 mol/kg iron ions dissolved in the aqueous phase (para 0011 and 0085 of Allely).
Regarding claim 6, the present combination of Allely and Smith teaches wherein the at least one water-soluble organic complexing agent is selected from complexing agents having a complex formation constant pKL for magnesium below 2.0 (para 0081 of Alley), and are optionally selected from α-hydroxycarboxylic acids (para 0080-0081 of Allely).
Regarding claim 7, the present combination of Allely and Smith teaches wherein the alkaline aqueous composition additionally contains at least one further complexing agent selected from di- and/or triphosphonic acids (para 0081 of Allely).
Regarding claim 8, the present combination of Allely and Smith teaches wherein wherein the alkaline aqueous composition contains a yet further complexing agent selected from organic compounds having at least three carboxyl groups (para 0081 of Allely) and at least one secondary and/or tertiary amino group (para 0081 of Allely).
Regarding claim 9, the present combination of Allely and Smith teaches wherein the proportion of complexing agents in the alkaline aqueous composition is at least 2.0 mmol/kg (para 0041 of Allely), but the total proportion of complexing agents is not greater than 50 mmol/kg, in each case based on the alkaline aqueous composition (para 0041 of Allely), wherein the proportion of complexing agents having a complex formation constant pKL for magnesium below 2.0 (para 0081 of Allely), based on the total proportion of complexing agents is at least 60 mol% (para 0080-0081 of Allely), and at least one further complexing agent selected from di-phosphonic acids, triphosphonic acids, organic compounds having at least three carboxyl groups and at least one secondary amino group, organic compounds having at least three carboxyl groups and at least one tertiary amino group and combinations thereof is present (para 0081 of Allely).
Regarding claim 10, the present combination of Allely and Smith fails to teach wherein the alkaline aqueous composition additionally contains at least one surfactant wherein a total proportion of surfactant is greater than 0.050 g/kg, but is not greater than 5.0 g/kg, in each case based on the alkaline aqueous composition. However, Smith teaches wherein the alkaline aqueous composition additionally contains at least one surfactant wherein a total proportion of surfactant is greater than 0.050 g/kg, but is not greater than 5.0 g/kg, in each case based on the alkaline aqueous composition (para 0041-0044 and 0073-0085) in order to enhance cleaning. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the present combination of Allely and Smith such that wherein the alkaline aqueous composition additionally contains at least one surfactant wherein a total proportion of surfactant is greater than 0.050 g/kg, but is not greater than 5.0 g/kg, in each case based on the alkaline aqueous composition as further taught by Smith in order to enhance cleaning.
Regarding claim 11, the present combination of Allely and Smith teaches wherein the proportion of water-soluble compounds of the elements Ni or Co in the alkaline aqueous composition is in each case less than 10 mg/kg, in each case as a proportion of the element and based on the alkaline aqueous composition (para 0020 and 0085 of Allely).
Regarding claim 12, the present combination of Allely and Smith fails to teach wherein a total proportion of phosphates dissolved in water in the alkaline aqueous composition is less than 0.100 g/kg, calculated as amount of PO₄ and based on the alkaline aqueous composition. However, Smith also teaches wherein a total proportion of phosphates dissolved in water in the alkaline aqueous composition is less than 0.100 g/kg, calculated as amount of PO₄ and based on the alkaline aqueous composition (para 0021) in order to promote safer cleaning. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the present combination of Allely and Smith such that wherein a total proportion of phosphates dissolved in water in the alkaline aqueous composition is less than 0.100 g/kg, calculated as amount of PO₄ and based on the alkaline aqueous composition as taught by Smith in order to promote safer cleaning.
Regarding claim 13, the present combination of Allely and Smith teaches wherein the pH value of the alkaline aqueous composition is greater than 12.0, but less than 13.5 (para 0073 of Allely).
Regarding claim 14, the present combination of Allely and Smith teaches wherein the proportion of magnesium ions dissolved in the aqueous phase is at least 3.0 mmol/kg but not more than 0.020 mol/kg, based on the alkaline aqueous composition (para 0041 of Allely).
Regarding claim 15, the present combination of Allely and Smith teaches wherein the alkaline aqueous composition additionally contains least 1.0 mmol/kg iron ions but less than 0.010 mol/kg iron ions dissolved in the aqueous phase (para 0011 and 0085 of Allely).
Regarding claim 16, the present combination of Allely and Smith teaches wherein the at least one water-soluble organic complexing agent is selected from α-hydroxycarboxylic acids (para 0081 of Alley) having a complex formation constant pKL for magnesium below 1.5 (para 0081 of Allely).
Regarding claim 18, the present combination of Allely and Smith teaches wherein at least one further complexing agent is additionally contained, which is selected from organic compounds having at least three carboxyl groups and at least one secondary and/or tertiary amino group, selected from the group consisting of ß-alaninediacetic acid, N-(1- carboxyethyl)iminodiacetic acid, iminodisuccinic acid, diethylenetriaminepentaacetic acid, ethylenediaminetetraacetic acid, nitrilotriacetic acid, and combinations thereof (para 0037-0039 and 0081 of Allely).
Regarding claim 20, the present combination of Allely and Smith fails to teach wherein the alkaline aqueous composition additionally contains at least one non-ionic surfactant, wherein the total proportion of the non-ionic surfactants, is greater than 0.100 g/kg, but the total proportion of the surfactants is not greater than 2.0 g/kg, in each case based on the alkaline aqueous composition. However, Smith teaches wherein the alkaline aqueous composition additionally contains at least one non-ionic surfactant, wherein the total proportion of the non-ionic surfactants, is greater than 0.100 g/kg, but the total proportion of the surfactants is not greater than 2.0 g/kg, in each case based on the alkaline aqueous composition (para 0041-0044 and 0073-0085) in order to enhance cleaning. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the present combination of Allely and Smith such that wherein the alkaline aqueous composition additionally contains at least one non-ionic surfactant, wherein the total proportion of the non-ionic surfactants, is greater than 0.100 g/kg, but the total proportion of the surfactants is not greater than 2.0 g/kg, in each case based on the alkaline aqueous composition as further taught by Smith in order to enhance cleaning.
Regarding claim 23, the present combination of Allely and Smith teaches a method for cleaning and corrosion-protecting surface treatment of strip steel having a hot-dip galvanization (ZM) on either one or both sides (abstract and para 0020 of Allely), comprising steps of:
i) optionally, first degreasing a hot-dip galvanized (ZM) surface of the strip steel product (para 0072-0074 of Allely);
ii) treating the hot-dip galvanized (ZM) surface according to the method of claim 1 (abstract and para 0020 of Allely);
iii) subsequently conversion coating the treated hot-dip galvanized (ZM) surface of step ii) by contacting with an acidic aqueous composition containing water-soluble compounds of the elements Zr, Ti and/or Si (para 0013-0014 of Allely), the acidic aqueous composition having a pH value in a range from 1.0 to 5.0 (para 0013-0014 of Allely), and wherein the contacting is carried out by applying a wet film of the acidic aqueous composition (para 0063 and 0090-0092 of Allely), optionally by spraying/squeezing or rolling on (para 0090-0092 of Allely);
iv) drying the wet film in place forming a conversion coating (para 0090 of Allely); and
v) providing the conversion with either
a. a topcoat, with or without a previous primer coating (para 0097-0099 of Allely).
Regarding claim 24, the present combination of Allely and Smith teaches wherein the contacting with the acidic aqueous composition containing water-soluble compounds of the elements Zr, Ti and/or Si, is carried out for such a duration or in such an application quantity that on the hot-dip galvanized (ZM) surfaces of the strip steel (para 0064 of Allely), after the drying step, results a layer thickness of Zr, Ti and/or Si of at least 1 mg/m² in each case, based on the respective element, but not more than 20 mg/m² in total based on the elements Zr, Ti and/or Si (para 0059-0060 of Allely).
Claim 17 is rejected under 35 U.S.C. 103 as being unpatentable over Allely et al. (PG Pub U.S 2016/0010216), Smith et al. (PG Pub U.S 2009/0149363) and further in view of Morris (PG Pub U.S 2016/0272818).
Regarding claim 17, the present combination of Allely and Smith fails to teach wherein at least one further complexing agent is additionally contained, which is selected from etidronic acid, aminotrimethylene phosphonic acid and combinations thereof; and wherein the α-hydroxycarboxylic acid is selected from glycolic acid, lactic acid, tartaric acid, malic acid, aldaric acids, aldonic acids, gluconic acid and/or glucoheptonic acid. However, Morris also teaches a composition wherein a complexing agent is etidronic acid and the wherein the α-hydroxycarboxylic acid is gluconic acid (para 0021) in order to achieve the predictable result of cleaning steel and to reduce corrosion. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the present combination of Allely and Smith such that at least one further complexing agent is additionally contained which is etidronic acid and that wherein the α-hydroxycarboxylic acid is gluconic acid as taught by Morris in order to achieve the predictable result of cleaning steel and to reduce corrosion.
Claim 19 is rejected under 35 U.S.C. 103 as being unpatentable over Allely et al. (PG Pub U.S 2016/0010216), Smith et al. (PG Pub U.S 2009/0149363) and further in view of Lee (PG Pub U.S 2011/0094536).
Regarding claim 19, the present combination of Allely and Smith teaches wherein the proportion of complexing agents in the alkaline aqueous composition is at least 4.0 mmol/kg but the total proportion of complexing agents is not greater than 40 mmol/kg (para 0041 of Allely), in each case based on the alkaline aqucous composition, wherein the proportion of complexing agents having a complex formation constant pKL for magnesium below 2.0 (para 0041 of Allely), based on the total proportion of complexing agents is at least 80 mol% (para 0080-0081 of Allely), but fails to teach comprising aldonic acids and/or glucoheptonic acid. However, Lee teaches a complexing agent being glucoheptonic acid in order to effectively remove metallic residues (para 0007-0008). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the present combination of Allely and Smith such that it comprises glucoheptonic acid as taught by Lee in order in order to effectively remove metallic residues.
Claim 21 is rejected under 35 U.S.C. 103 as being unpatentable over Allely et al. (PG Pub U.S 2016/0010216), Smith et al. (PG Pub U.S 2009/0149363) and further in view of Brouwer et al. (PG Pub U.S 2015/0176138).
Regarding claim 21, the present combination of Allely and Smith fails to teach wherein the proportion of water-soluble compounds of metal elements, which have a more positive standard reduction potential than iron, in the alkaline aqueous composition is in each case less than 5 mg/kg, in each case as a proportion of the element and based on the alkaline aqueous composition and wherein a total proportion of phosphates dissolved in water in the alkaline aqueous composition is less than 0.050 g/kg, calculated as the amount of PO4 and based on the alkaline aqueous composition. However, Smith also teaches wherein a total proportion of phosphates dissolved in water in the alkaline aqueous composition is less than 0.050 g/kg, calculated as amount of PO₄ and based on the alkaline aqueous composition (para 0021) in order to promote safer cleaning. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the present combination of Allely and Smith such that wherein a total proportion of phosphates dissolved in water in the alkaline aqueous composition is less than 0.050 g/kg, calculated as amount of PO₄ and based on the alkaline aqueous composition as taught by Smith in order to promote safer cleaning. Furthermore, Brouwer also teaches wherein the proportion of water-soluble compounds of metal elements, which have a more positive standard reduction potential than iron (para 0051), in the alkaline aqueous composition is in each case less than 5 mg/kg, in each case as a proportion of the element and based on the alkaline aqueous composition (para 0051) in order to enhance metal cleaning. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the present combination of Allely and Smith such that wherein the proportion of water-soluble compounds of metal elements, which have a more positive standard reduction potential than iron, in the alkaline aqueous composition is in each case less than 5 mg/kg, in each case as a proportion of the element and based on the alkaline aqueous composition as taught by Brouwer in order to enhance metal cleaning.
Conclusion
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/P.P/Examiner, Art Unit 1714
/KAJ K OLSEN/Supervisory Patent Examiner, Art Unit 1714
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