DETAILED ACTION
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 1-11 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.
Claims 1 and 5 recite the limitation “transmittance”. It is not clear what wavelength range the transmittance is measured. As such, Examiner assumes any wavelength range would meet the limitations as claimed. Clarification is requested.
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 1-3 and 5-11 are rejected under 35 U.S.C. 103 as being unpatentable over Sakurai et al. (JP 2019-001129).
Sakurai discloses a decorative sheet exhibiting a black color. Concerning claims 1 and 10, Sakurai discloses the decorative sheet comprises a base sheet and black layer (FIGS. 1 and 2; elements 10A, 10B, and 13), wherein the base sheet and black layer together exhibit a black color and has a brightness value (L*) of 40 or less (para. 0035) and a transparent plastic layer that functions as a color correction layer (element 14), wherein this color correction layer can contain a colorant such that the resulting color of the base sheet is corrected (para. 0114-0121). The thickness of the base sheet is 20.2 to 220 microns and the thickness of the color correction layer is 20 to 130 microns, wherein the ratio overlaps and includes the claimed range and meets the limitations of claims 6 and 7. With respect to the transmittance of the color correction layer, since this layer corrects the color of the base sheet, such a layer would include and encompass the claimed transmittance in the visible, IR, and UV wavelengths.
Regarding claim 2, a protective layer (element 15) is disposed on the color correction layer (para. 0122-0131). Concerning claim 3, the base sheet and color correction layer each contain one of the claimed resins (para. 0055-0057 and 0118). Given that the materials are the same and the thicknesses are overlapping the properties as claimed in claims 5 and 8-9 would be met by the disclosure of Sakurai. Concerning claim 11, the pigments of the color layer would be red or blue (para. 0117 and 0060).
Allowable Subject Matter
Claim 4 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Takasago et al. (US 20200033522), McGurran et al. (US 20030017326), and Lu Pang et al. (WO 02/060688).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PRASHANT J KHATRI whose telephone number is (571)270-3470. The examiner can normally be reached M-F 10AM-6:30PM.
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PRASHANT J. KHATRI
Primary Examiner
Art Unit 1783
/PRASHANT J KHATRI/Primary Examiner, Art Unit 1783