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 .
This office action is in response to applicant’s claims filed on July 17, 2026. Claims 1-20 are pending. Claims 1,15 and 16 have been amended.
All prior claim rejections and objections are withdrawn in view of applicant’s amendments to the claims.
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.
Claims 1-14,16,17,19 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Nair (US 2020/0317929).
Nair teaches a method of making patterned light-blocking element comprising providing a decorative fabric having a face side and a back side (no visible relief patterns indicated, paragraph 0048). Nair teaches applying an aqueous foamed opacifying composition to the back side of the fabric (applicant’s step B, paragraph 0049) and drying the disposed foam aqueous opacifying composition to provide a dried foam opacifying layer (applicant’s step C, paragraph 0020). Nair teaches densifying the dried foamed opacifying layer to reduce its thickness by at least 20% compared to its original thickness (paragraph 0051) by applying pressure through compression calendaring, pressing or patterned embossing and passing the embossing fabric through nip rollers under pressure (intimate contact between a pair of pressure rollers; applicant’s step D, paragraph 0209,0213,0221,0252) and producing an optical density of 5.4 in regions outside the recessed regions. Nair teaches a foam density of 0.1-0.5 g/cm3 for the foamed aqueous opacifying composition (paragraph 0145).
Nair teaches the aqueous foamed opacifying composition 0.1-35 weight % porous particles based on the dry foamed weight of the opacifying layer (paragraph 0033), and porous particles comprising a continuous polymeric phase and discrete pores dispersed within the continuous polymeric phase, the porous particles having a mode particle size of at least 2 µm and up to and including 50 µm and a porosity of at least 20 volume % and up to an including 70 volume % based on the weight of the aqueous foamed opacifying composition (applicant’s a, paragraph 0033, 0085). Nair teaches the binder matrix in an amount of 10 weight % and up to and including 80 weight % (applicant’s b, paragraph 0058), one or more additives in an amount of 0.0001 weight % and up to and including 30 weight % comprising at least one foaming surfactant and at least one foam stabilizer (applicant’s c, paragraph 0059,0120,0126-0127), and an opacifying colorant in an amount of at least 0.002% the opacifying colorant being different from all of the other porous particles, binder matrix, and two or more additives wherein the opacifying colorant absorbs electromagnetic radiation having a wavelength of at least 380 nm and up to 800 nm (applicant’s e, paragraph 0161). Nair teaches the opacifying colorants comprise 0.001 up to an including 0.5% based on the weight of the aqueous foamed opacifying composition (paragraph 0141). Nair teaches two or more additives comprising, biocide and thickener (paragraph 0128-0129). Nair teaches the prepared articles are printable on the decorative surface, indicating printing after full fabrication including after curing (paragraph 0222). Nair teaches the embossing produces regions of high and low opacity and thickness (visible relief pattern, paragraph 0221).
Nair teaches the foamed aqueous composition is disposed directly on the back side of the fabric and dried to a dry coverage of 10 ounces (mass)/yard2 (paragraph 0206). Nair teaches embossing and densifying at a temperature of 20°C up to an including 90°C and at any useful crushing pressure to be determined by one of routine skill in the art with a lower value of 103.4 kPa (103.4 kN/m) just being a preferred value and not limiting (paragraph 0210).
Nair teaches that when preparing light-blocking articles opacifying layers are covered with a non-foamed functional composition (paragraph 0176) comprising glass particles such as hollow glass particles (paragraph 0197-0198). Nair teaches carbon black opacifying colorant in an amount of at least 0.003 weight % (paragraph 0142). Nair teaches the non-foamed functional layer on the opacifying layer at a coverage of at least 0.5 g/m2 and up to and including 30 g/m2 (paragraph 0178) to provide an anti-blocking function when applied (0179).
Nair teaches the hollow glass particles of the non-foamed functional layer have an average particle size of at least 20 µm up to and including 60µm (paragraph 01974) that are present in an amount of 10 weight % up to and including 90 weight % based on the weight of the functional composition (paragraph 0200) and a water soluble or water dispersible organic polymeric binder (paragraph 01914). Nair teaches the functional composition is sprayed directly onto the opacifying layer (paragraph 0213). Nair teaches drying and curing the functional composition (paragraph 0216-0218). Nair teaches porous particles in the opacifying layer comprising one or more cellulosic polymers having a Tg of at least 100°C up to and including 180°C and a mode particle size of at least 3µm up to and including 40µm (paragraph 0095-0098).
Nair does not specify the fabric has coverage such that in low ambient light, backlighting impacting the embossed and densified foamed opacifying layer is blocked everywhere except in at least some of the recessed regions of the visible relief pattern so that an outline of the visible relief pattern is visible when viewed from the face side of the fabric.
It would have been obvious to one of ordinary skill in the art at the time the invention was made to select the claimed components and perform the methods of Nair to produce a visible relief pattern as Nair teaches embossing with engraved rollers and producing an embossed pattern with different opacity levels and thicknesses which produces raised and recessed regions. Nair further teaches an optical density of 5.4 in the opacified areas. Applying the visible relief pattern to only a selected portion of the embossed and densified foamed opacifying layer or on the entire surface of the of the embossed and densified foamed opacifying layer as the choice of coverage would simply be a design choice the desired pattern on the final product. Nair does not include any required steps not present in the instant claims and therefore meets the “consisting of” limitation. Nair applies identical compositions in identical order to the same substrates and provides the same recessed and raised regions after embossing through a pair of nip rollers under pressure.
Regarding the claimed limitation that the fabric has coverage such that in low ambient light, backlighting impacting the embossed and densified foamed opacifying layer is blocked everywhere except in at least some of the recessed regions of the visible relief pattern so that an outline of the visible relief pattern is visible when viewed from the face side of the fabric, this would be a design choice and an expected property of the same decorative fabrics treated with the same opacifying and non-foamed functional compositions by identical methods using engraved embossing rollers applied under pressure to produce areas of different opacity and thickness. Application of the opacifying layer and the non-foamed functional layer are recognized to impact the light blocking and light transmission and based on the pattern of application of these chemicals to the fabric, the claimed outlining effect would be achieved. The outline is determined by the design of coatings applied which could be varied as a design choice based on the desired aesthetic look of the final fabric.
Selecting 3.5-70 kN/m densifying pressure is obvious as Nair teaches the preferred values of 103.4 kN/m-1379 kN/m are not limiting and the appropriate pressure can be determined through routine experimentation by one of ordinary skill in the art based on the opacifying composition and substrate.
Claims 1-20 are rejected under 35 U.S.C. 103 as being unpatentable over Nair (US 2020/0317929) in view of Zafiroglu (CN 1717320A).
Nair is relied upon as set forth above.
Nair does not specify a continuous patterned embossing belt situated between the pair of nip rollers.
Zafiroglu teaches that when embossing fabric, it is effective to create raised and recessed areas (abstract) by using a textured embossed fabric or a embossing belt with nip rollers to produce the embossing pattern (page 13 last paragraph to page 14, paragraph 1).
It would have been obvious to one of ordinary skill in the art at the time the invention was made to modify the methods of Nair by using a textured embossed fabric or a embossing belt with nip rollers to produce the embossing pattern as Zafiroglu teaches this is an effective way of embossing fabric wo produce raised and recessed areas. Nair invites the inclusion of embossing methods with nip rollers. Substituting a known effective method of embossing for another known effective method is obvious to produce the same recessed and raised regions. Further using a continuous patterned embossing belt is a design choice to produce a continuous pattern on the opacifying layer.
Response to Arguments
Applicant’s arguments with respect to claims 1-20 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to AMINA S KHAN whose telephone number is (571)272-5573. The examiner can normally be reached Monday-Friday, 9am-5:30pm EST.
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/AMINA S KHAN/Primary Examiner, Art Unit 1761
