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 statements (IDS) submitted on 24 February 2025, 3 March 2025, and 12 November 2025 were considered by the examiner.
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 1-8 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.
In regards to independent claim 1, this claim sets forth “a presence ratio X/Y of a structure X to a structure Y” in the last two lines of the claim. The metes and bounds of this particular feature cannot be determined since it is not clear how the presence ratio is determined. It is not clear how the size or amount of structures X and Y are determined. Various means could be utilized to determine the amounts for the claimed ratio, which could result in varying amounts.
Claims 2-8 ultimately depend from claim 1 and incorporate the limitations therein. Accordingly, claims 2-8 are rejected for the reasons above as set forth for independent claim 1.
Allowable Subject Matter
Claims 1-8 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action.
The following is a statement of reasons for the indication of allowable subject matter:
A search of the prior art failed to turn up each and every claimed limitation in a single reference or an appropriate combination of multiple references. In particular, a high strength galvanized steel sheet having the claimed properties and composition with structures having the nanohardness values as set forth in the instant claims present in a ratio as set forth therein was not turned up in a search of the prior art.
A search turned up U.S. Patent Application Publication Number 2020/0040420 (Minami), which is directed to a high strength steel sheet with 75.0% or more tempered martensite, 1.0% or more and 20.0% or less fresh martensite, and 5.0% or more and 20.0% or less retained austenite. (Abstract) This reference further includes a composition that overlaps the claimed ranges. (See Claim 1) The sheet can have yield strengths that fall within the claimed range. (Table 3-1) This reference is silent on the nanohardness as set forth in the instant claims. Additionally, it does not appear that the process set forth therein would necessarily or inherently result in the claimed features.
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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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Humera Sheikh can be reached at (571) 272-0604. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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Daniel J. Schleis
Primary Examiner
Art Unit 1784
/Daniel J. Schleis/Primary Examiner, Art Unit 1784
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