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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 12/03/2025 has been entered.
The status of the claims is as follows: claims 1, 2, 3, 4, 5, 6 and 7 are amended; claims 12-20 are cancelled; claims 21-25 are new; resulting in claims 1-11 and 21-25 pending for examination.
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 11 and 22 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 11, the limitation reciting “provided between a first fabric and resin layer and a second fabric and resin layer” is indefinite as it is unclear what structure is being claimed. Claim 7, from which claim 11 ultimately depends, recites a base layer and at least one functional layer, however, it is not clear if the fabric and resin layers recited by claim 11 are further limiting the base layer and functional layer of claim 7 or are in addition to the layers claim 7. Independent claim 1 does not recite any layer typer, and simply recite that the camouflage are flexible. It is not clear what the layer structure of the claimed multispectral camouflage system as recited by claim 11.
Additionally, it is unclear from the language of the claim whether the insulation layer is provided between a first fabric and a resin layer, and another insulation layer is provided between a second fabric and a resin layer, or if the insulation layer is provided such that it one surface comprises the first fabric layer and resin layer while the second surface of the insulation layer comprises the second fabric and resin layer.
In other words, it is unclear if the required layer structure of the claim is first fabric/insulation/resin/second fabric/insulation/resin, or if the required layer structure of the claim is first fabric/resin/insulation layer/second fabric/resin.
Furthermore, the resin layer is not designated as a “first resin layer” associated with the “first fabric” and a “second resin layer” associated with the “second fabric”, therefore it is unclear if the recitation of “resin layer” is referring to the same resin layer or if there are two separate resin layers.
Regarding claim 22, the limitation reciting “wherein the first camouflage tile and the second camouflage tile are fused together to provide a fused composite camouflage segment” is indefinite as it is not entirely clear what is meant by “fused” with respect to the first camouflage tile and second camouflage tile.
Independent claim 21 recites two different and distinct tiles, a first camouflage tile and a second camouflage tile, that exist independently of each other and are laterally joined. Paragraph [0011] of the instant specification states that the claimed “joining” may be achieved by any suitable chemical or physical means including adhesive, hooks, quick release elements such as Velcro© fasteners, restructured frame, net or by any other means.
With respect to the word “fuse”, the instant specification discloses that the plurality of discrete tiles “are assembled and fused together to provide a continuous 3D camouflage coating” in [0005] and that each segment can be “fused with its adjacent segment, forming together the complete system in [0095]). The word “fused” is often used in the instant specification to describe the connection of the various layers making up the camouflage tiles (see [0034-0036, 0091, 0094]).
In looking to the commonly accepted definition of the word “fused”, it can be interpreted as meaning “to blend thoroughly by or as if by melting together” or “to become blended or joined as if by melding together” (see https://www.merriam-webster.com/dictionary/fused). A Google search of the word “fused” results in a definition of “joined or blended to form a single entity”.
It appears that the commonly accepted definition of the word “fused” means a process in which two things are connected so as to form one thing. If that is the case, then it is unclear how the requirements of claim 21 wherein two different and distinct tiles, a first camouflage tile and a second camouflage tile, that exist independently of each other can be met as well as the limitation of claim 22 requiring that the individual tiles are fused together. The instant specification does not clarify the meaning of the term respect to the claims, thus the claim is indefinite.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 21, 22, 23, 24 and 25 are ejected under 35 U.S.C. 103 as being unpatentable over Jacobsson et al. (US. 2021/0071994).
Regarding claims 1, 4 and 6, Jacobsson et al. teaches an adaptive mobile camouflage system for camouflaging vehicles, comprising a plurality of camouflage panels (a multispectral camouflage covering) as shown in figures 1-2B, including at least a first discrete camouflage unit (a first camouflage tile) and a second discrete camouflage unit (a second camouflage tile), wherein the camouflage is a multispectral camouflage, providing camouflage in at least two, preferably all, wavelength regions selected from visual wavelength region, near infrared wavelength region, shortwave infrared wavelength region, thermal infrared wavelength region and radar wavelength region ([0016-0037, 0052-0072, 0078-0084, 0106-0108, 0136-0138]). Each of the plurality of camouflage panels (a multispectral camouflage covering) comprises a multilayer construction (first plurality of layers, second plurality of layers) as shown in Figure 9-10B, wherein each of the plurality of camouflage panels (a multispectral camouflage covering) comprises a specific size and shape (at least one predetermined structurally-related property) that depends on the size and shape of the portion of the vehicle the panels will be used on as shown in Figures 1-2B, and the panels each further comprise a radar absorbing layer ([0134-0138]). Additionally, Figure 1 illustrates that each of the plurality of camouflage panels (a multispectral camouflage covering) comprises different portions of an overall camouflage pattern (first visual profile, first infrared profile and/or radar profile; second visual profile, second infrared profile and/or second radar profile) from each other ([0016-0037, 0052-0072, 0078-0084, 0106-0108, 0136-0138]).The plurality of camouflage panels (a multispectral camouflage covering) are attached to each other for a more robust camouflage construction ([0057]).
Jacobsson et al. further teaches that the overall camouflage patterns used in the plurality of camouflage panels (a multispectral camouflage covering) can differ in terms of thermal emissivity and/or radar absorbing and/or reflecting capacity ([0077-0108]). While the reference does not expressly recite that the plurality of camouflage panels (a multispectral camouflage covering) have a first tile with at least two of a first visual profile, a first infrared profile and a first radar profile and a second tile with at least two of a second visual profile, a second infrared profile and a second radar profile, such a modification would have been obvious based on the teachings of Jacobsson et al. As previously stated, Jacobsson et al. teaches that each of the panels of the plurality of camouflage panels (a multispectral camouflage covering) comprise different portions of the an overall camouflage pattern, thus their visual profiles would be different as shown in Figure 1B ([0016-0037, 0052-0072, 0078-0084, 0106-0108, 0136-0138]). Furthermore, 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 individual panels of the plurality of camouflage panels (a multispectral camouflage covering) to have different thermal emissivity and/or radar absorbing and/or reflecting capacity as taught by Jacobsson et al. to advantageously conceal the object in the environment in which the plurality of camouflage panels (a multispectral camouflage covering) is used (see [0077-0108]).
Regarding claim 2, Jacobsson et al. teaches all the limitations of claim 1 above, and further teaches that the plurality of camouflage panels (a multispectral camouflage covering) are attached to vehicles, such as the military vehicle illustrated in Figure 1-2B (0020-0021, 0051-0059]).
Regarding claim 3, Jacobsson et al. teaches all the limitations of claim 1 above and as previously stated, each of the plurality of camouflage panels (a multispectral camouflage covering) comprises a size that depends on the size and shape of the vehicle it will be used on, as shown by Figures 1, 2A and 2B ([0134-0138]). The limitation “that are each being selected so as to intimately fit a surface section or detail of an external surface of the object” is considered to be functional language related to the intended use of the product and is accorded limited weight as the language does not further limit the structure or the process. The adaptive mobile camouflage system taught by Jacobsson et al. is viewed as being capable of performing in the manner claimed as described in the rejection above (see Figure 1-2B).
Regarding claim 5, Jacobsson et al. teaches all the limitations of claim 1 above, and further teaches that each tile of the plurality of camouflage panels (a multispectral camouflage covering) comprises a size that depends on the size and shape of the vehicle it will be used on, as shown by Figures 1, 2A and 2B, wherein tiles are shown to have a segment having an inner surface configured to fit a shape or size of an external surface section of the military vehicle ([0052-0059, 0134-0138]).
Regarding claims 7, 8 and 9, Jacobsson et al. teaches all the limitations of claim 1 above, and further teaches that each of the plurality of camouflage (a multispectral camouflage covering) is comprised of a multilayer backing layer (27; base layer/stacked material layers), and garnish layer (29; function layer) comprised of multiple color layers (stacked material layers) and a metallic layer for reducing thermal emissivity (a visual and IR emissivity layer) ([0136-0139]).
Regarding claim 10, Jacobsson et al. teaches all the limitations of claim 1 above, and further teaches that the multilayer backing layer (27; base layer/stacked material layers) can comprise a polymeric outer layer of a polymer such as polyethylene or PVC (insulating layer) ([0137-0139]).
Regarding claim 11, Jacobsson et al. teaches all the limitations of claim 1 above, and while Jacobsson et al. teaches that the backing layer is a multilayer backing layer (27; base layer/stacked material layers), the reference does not expressly teach that the multilayer backing layer (27; base layer/stacked material layers) is comprised of an insulation layer between two layers of fabric and resin.
The limitation “between a first fabric and resin layer and a second fabric and resin layer” is indefinite for the reasons stated above. Furthermore, Jacobsson et al. teaches that the multilayer backing layer (27; base layer/stacked material layers) can be multilayered and comprise an outer layer of polyethylene or PVC coated fabric, a metal layer, a metallized low emissive polymeric film, etc. ([0137-0139]). While not expressly stated, 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 multilayer backing layer (27; base layer/stacked material layers) to comprise any of the layers disclosed in any arrangement based upon the desired properties of the resultant multilayer backing layer (27; base layer/stacked material layers) of the adaptive mobile camouflage system.
Regarding claims 21 and 23, Jacobsson et al. teaches an adaptive mobile camouflage system for camouflaging vehicles, comprising a plurality of camouflage panels (a multispectral camouflage covering) as shown in figures 1-2B, including at least a first discrete camouflage unit (a first camouflage tile) and a second discrete camouflage unit (a second camouflage tile), wherein the camouflage is a multispectral camouflage, providing camouflage in at least two, preferably all, wavelength regions selected from visual wavelength region, near infrared wavelength region, shortwave infrared wavelength region, thermal infrared wavelength region and radar wavelength region ([0016-0037, 0052-0072, 0078-0084, 0106-0108, 0136-0138]). Each of the plurality of camouflage panels (a multispectral camouflage covering) comprises a multilayer construction (first plurality of layers, second plurality of layers) bonded together for form unique shapes as shown in Figure 1, 2A, 2B, 9-10B, wherein each of the plurality of camouflage panels (a multispectral camouflage covering) comprises a specific size and shape (at least one predetermined structurally-related property) that depends on the size and shape of the portion of the vehicle the panels will be used on as shown in Figures 1-2B, and the panels each further comprise a radar absorbing layer ([0134-0138]). Additionally, Figure 1 illustrates that each of the plurality of camouflage panels (a multispectral camouflage covering) comprises different portions of an overall camouflage pattern (first visual profile, first infrared profile and/or radar profile; second visual profile, second infrared profile and/or second radar profile) from each other ([0016-0037, 0052-0072, 0078-0084, 0106-0108, 0136-0138]).The plurality of camouflage panels (a multispectral camouflage covering) are attached (laterally joined) to each other for a more robust camouflage construction ([0057]).
Jacobsson et al. further teaches that the camouflage patterns used in the plurality of camouflage panels (a multispectral camouflage covering) can differ in terms of thermal emissivity and/or radar absorbing and/or reflecting capacity ([0077-0108]). While the reference does not expressly recite that the plurality of camouflage panels (a multispectral camouflage covering) have a first tile with at least two of a first visual profile, a first infrared profile and a first radar profile and a second tile with at least two of a second visual profile different from the first, a second infrared profile different from the first and a second radar profile different from the first, such a modification would have been obvious based on the teachings of Jacobsson et al. As previously stated, Jacobsson et al. teaches that each of the panels of the plurality of camouflage panels (a multispectral camouflage covering) comprise different portions of the an overall camouflage pattern, thus their visual profiles would be different as shown in Figure 1B ([0016-0037, 0052-0072, 0078-0084, 0106-0108, 0136-0138]). Furthermore, 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 individual panels of the plurality of camouflage panels (a multispectral camouflage covering) to have different thermal emissivity and/or radar absorbing and/or reflecting capacity as taught by Jacobsson et al. to advantageously conceal the object in the environment in which the plurality of camouflage panels (a multispectral camouflage covering) is used (see [0077-0108]).
Regarding claim 22, Jacobsson et al. teaches all the limitations of claim 21 above. The limitation “are fused together” is indefinite for the reasons expressed above. Jacobsson et al. teaches that the plurality of camouflage panels (a multispectral camouflage covering) are attached (laterally joined) to each other for a more robust camouflage construction ([0057]), which is viewed as meeting this limitation until further clarification by the Applicant.
Regarding claims 24 and 25, Jacobsson et al. teaches all the limitations of claim 21 above, and further teaches that each of the plurality of camouflage (a multispectral camouflage covering) is comprised of a multilayer backing layer (27; base layer/stacked material layers), and garnish layer (29; function layer) comprised of multiple color layers (stacked material layers), a metallic layer for reducing thermal emissivity (a visual and IR emissivity layer) and a polymeric outer layer of a polymer such as polyethylene or PVC (insulating layer) ([0137-0139]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include any combination or all of the aforementioned layers based upon the desired camouflage properties for the environment in which the plurality of camouflage (a multispectral camouflage covering) will be used.
Claims 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 21, 22, 23, 24 and 25 are rejected under 35 U.S.C. 103 as being unpatentable over Henderson et al. (US 2005/0118402).
Regarding claims 1, 4, 6 and 7, Henderson et al. teaches a camouflage covering (1; multispectral camouflage covering) for application to a structure, such as a building or vehicle, wherein the camouflage covering is capable of protecting the structure against detection by at least one sensing method (Figure 1-6, [0001, 0017-0023, 0039-0051]). As shown in Figures 8 and 9, the camouflage covering (1) is comprised of multiple portions (80, 81, 82; first camouflage tile, second camouflage tile) that are applied in an adjacent, lateral arrangement onto an object to be camouflaged, resulting in an overall camouflage pattern ([0026, 0066]).
The camouflage covering (composite material) comprises multiple layers, including a painted or printed layer (10) of a camouflage pattern which makes visual detection of the structure difficult in a predetermined visible wavelength range (first visual profile, second visual profile) ([0039-40]). The camouflage covering further a surface relief or unevenness (11) under the painted or printed layer which provides protection against detection by visible, IR and RADAR imaging (first infrared profile, first radar profile, second infrared profile, second radar profile) ([0041-0044]). The camouflage covering further comprises a layer of UV and/or IR pigments (IR emissivity or IR blocking layer) which provide the surface of a protected structure with UV and/or IR signatures resembling those of its surroundings, protecting from detection by UV and/or IR sensors ([0045]). The camouflage covering includes a phase change material (insulating layer) in which an endothermic phase change is initiated upon increasing temperatures, thus acting as a thermal buffer to absorb heat when it reaches the phase change temperature, smoothing out the heat signature of the structure being covered by the camouflage ([0043-0047]). The camouflage covering further includes a metal film layer(14; first/second substrate) assists in heat dissipation, smooth the heat signature of the structure being protected by reflecting heat and preventing the external surface from producing a localized heat signature ([0047]). Metallized threads or scrim (15; at least one base layer) are further utilized to prevent detection from electromagnetic imaging ([0048]). An adhesive layer (16) is used to quickly and easily apply the camouflage covering to an object to be protected ([0050]). The camouflage covering can comprise protective sheets (first/second external layer) formed on the painted or printed layer (10) comprised of a polymer such as PVC, PVF, polypropylene, polyethylene, silicones, polysulfones, polyesters, and the like ([0061-0063]). As shown by Figures 4, 5 and 7, the camouflage covering is sized to fit the structure it is applied to (predetermined structurally related property) ([0053-0068]).
As shown in Figure 8, the plurality of multiple portions (80, 81, 82; first camouflage tile, second camouflage tile) of the camouflage covering (1) comprise different camouflage patterns (first visual profile, second visual profile) thereon, and while the reference does not expressly teach that the multiple portions (80, 81, 82; one or more discrete camouflage units) have different sizes or shapes, such a modification would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention based upon the size and shape of the object to which the camouflage covering will be applied. One of ordinary skill in the art would recognize that objects and/or structures to which the camouflage covering will be applied can have different sizes of the sides or need to accommodate openings, such that the various portions of the camouflage covering would have to be sized to match. It has been held that limitations relating to size and shape are matters of choice to which a person of ordinary skill in the art would have found obvious (see MPEP 2144.04(IV)(A)(B)).
While the reference does not expressly teach that the plurality of multiple portions (80, 81, 82; first camouflage tile, second camouflage tile) comprises a first portion with a first infrared profile or a first radar profile and a second portion with a second infrared profile or a second radar profile, such a modification would have been obvious to one of ordinary skill in the art based upon the teachings of Henderson et al. As previously stated, Henderson et al. teaches a surface relief or unevenness (11) under the painted or printed layer which provides protection against detection by visible, IR and RADAR imaging, as well as a layer of UV and/or IR pigments (IR emissivity or IR blocking layer) which provide the surface of a protected structure with UV and/or IR signatures resembling those of its surroundings, protecting from detection by UV and/or IR sensors ([0041-0045]). Henderson et al. additionally teaches in paragraphs [0066-0071] that the each of the portions of the plurality of multiple portions (80, 81, 82; first camouflage tile, second camouflage tile) can be modified to better camouflage the object depending on the zone or setting the camouflage is used in, such that if the first zone or side is dark, then it can visually disrupt the edges of the object causing confusion with nearby shadows. It would have been obvious to one of ordinary skill in the art to modify the camouflage zones, such as visual coloration, surface relief/unevenness for IR and RADAR imaging, and the UV and/or IR pigments used depending on the coloration and lighting of the environment in which the camouflage will be used to provide enhanced concealment.
Regarding claim 2, Henderson et al. teaches all the limitations of claim 1 above, and further teaches that the camouflage covering (1; multispectral camouflage covering) for application to a structure, such as a building or vehicle, wherein the camouflage covering is capable of protecting the structure against detection by at least one sensing method (Figure 1-6, [0001, 0017-0023, 0039-0051]).
Regarding claim 3, Henderson et al. teaches all the limitations of claim 1 above and as previously stated, Figures 4, 5 and 7 illustrate that the camouflage covering is sized to fit the structure it is applied to (predetermined structurally related property) ([0053-0068]).
The limitation “a shape and the size that are each selected so as to intimately fit a surface section or detail of an external surface of the object” is considered to be functional language related to the intended use of the product. The camouflage covering taught by Henderson et al. is viewed as being capable of performing in the manner claimed as described in the rejection above (see Figure 4,5,7).
Regarding claim 5, the limitation “wherein the first camouflage tile includes a segment having an inner surface configured to fit a shape or a size of an external surface section of the object” is viewed as further limiting the intended use recited in lines 3 through 6 of claim 1. Furthermore, Henderson et al. teaches all the structural features of claim 1 and would be capable of performing in the manner claimed (see Figure 4, 5, 6).
Regarding claims 8, 9 and 10, Henderson et al. teaches all the limitations of claim 1 above, and further teaches that the camouflage covering comprises multiple functional layers, including a painted or printed layer (10) of a camouflage pattern which makes visual detection of the structure difficult in a predetermined visible wavelength range (emissivity at visible wavelengths); a surface relief or unevenness (11) under the painted or printed layer which provides protection against detection by visible, IR and RADAR imaging (emissivity at visible and infrared wavelengths); a layer of UV and/or IR pigments (IR emissivity or IR blocking layer) which provide the surface of a protected structure with UV and/or IR signatures resembling those of its surroundings, protecting from detection by UV and/or IR sensors; a phase change material (insulating layer) in which an endothermic phase change is initiated upon increasing temperatures, thus acting as a thermal buffer to absorb heat when it reaches the phase change temperature, smoothing out the heat signature of the structure being covered by the camouflage ([0039-0047]) and a multilayer base comprised of a metal film layer(14; first/second substrate); metallized threads or scrim (15; at least one base layer) and an adhesive layer (16) is used to quickly and easily apply the camouflage covering to an object to be protected ([0047-0050]). The camouflage covering can comprise protective sheets (first/second external layer) formed on the painted or printed layer (10) comprised of a polymer such as PVC, PVF, polypropylene, polyethylene, silicones, polysulfones, polyesters, and the like ([0061-0063]).
Regarding claims 21 and 23, Henderson et al. teaches a camouflage covering (1; multispectral camouflage covering) for application to a structure, such as a building or vehicle, wherein the camouflage covering is capable of protecting the structure against detection by at least one sensing method (Figure 1-6, [0001, 0017-0023, 0039-0051]). As shown in Figures 8 and 9, the camouflage covering (1) is comprised of multiple portions (80, 81, 82; first camouflage tile, second camouflage tile) that are applied in an adjacent, lateral arrangement onto an object to be camouflaged, resulting in an overall camouflage pattern ([0026, 0066]).
The camouflage covering (composite material) comprises multiple layers bonded together, including a painted or printed layer (10) of a camouflage pattern which makes visual detection of the structure difficult in a predetermined visible wavelength range (first visual profile, second visual profile) ([0039-40]). The camouflage covering further a surface relief or unevenness (11) under the painted or printed layer which provides protection against detection by visible, IR and RADAR imaging (first infrared profile, first radar profile, second infrared profile, second radar profile) ([0041-0044]). The camouflage covering further comprises a layer of UV and/or IR pigments (IR emissivity or IR blocking layer) which provide the surface of a protected structure with UV and/or IR signatures resembling those of its surroundings, protecting from detection by UV and/or IR sensors ([0045]). The camouflage covering includes a phase change material (insulating layer) in which an endothermic phase change is initiated upon increasing temperatures, thus acting as a thermal buffer to absorb heat when it reaches the phase change temperature, smoothing out the heat signature of the structure being covered by the camouflage ([0043-0047]). The camouflage covering further includes a metal film layer(14; first/second substrate) assists in heat dissipation, smooth the heat signature of the structure being protected by reflecting heat and preventing the external surface from producing a localized heat signature ([0047]). Metallized threads or scrim (15; at least one base layer) are further utilized to prevent detection from electromagnetic imaging ([0048]). An adhesive layer (16) is used to quickly and easily apply the camouflage covering to an object to be protected ([0050]). The camouflage covering can comprise protective sheets (first/second external layer) formed on the painted or printed layer (10) comprised of a polymer such as PVC, PVF, polypropylene, polyethylene, silicones, polysulfones, polyesters, and the like ([0061-0063]). As shown by Figures 4, 5 and 7, the camouflage covering is sized to fit the structure it is applied to (predetermined structurally related property) ([0053-0068]).
As shown in Figure 8, the plurality of multiple portions (80, 81, 82; first camouflage tile, second camouflage tile) of the camouflage covering (1) comprise different camouflage patterns (first visual profile, second visual profile) thereon, and while the reference does not expressly teach that the multiple portions (80, 81, 82; one or more discrete camouflage units) have different sizes or shapes, such a modification would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention based upon the size and shape of the object to which the camouflage covering will be applied. One of ordinary skill in the art would recognize that objects and/or structures to which the camouflage covering will be applied can have different sizes of the sides or need to accommodate openings, such that the various portions of the camouflage covering would have to be sized to match. It has been held that limitations relating to size and shape are matters of choice to which a person of ordinary skill in the art would have found obvious (see MPEP 2144.04(IV)(A)(B)).
While the reference does not expressly teach that the plurality of multiple portions (80, 81, 82; first camouflage tile, second camouflage tile) comprises a first portion with a first infrared profile or a first radar profile and a second portion with a second infrared profile or a second radar profile, such a modification would have been obvious to one of ordinary skill in the art based upon the teachings of Henderson et al. As previously stated, Henderson et al. teaches a surface relief or unevenness (11) under the painted or printed layer which provides protection against detection by visible, IR and RADAR imaging, as well as a layer of UV and/or IR pigments (IR emissivity or IR blocking layer) which provide the surface of a protected structure with UV and/or IR signatures resembling those of its surroundings, protecting from detection by UV and/or IR sensors ([0041-0045]). Henderson et al. additionally teaches in paragraphs [0066-0071] that the each of the portions of the plurality of multiple portions (80, 81, 82; first camouflage tile, second camouflage tile) can be modified to better camouflage the object depending on the zone or setting the camouflage is used in, such that if the first zone or side is dark, then it can visually disrupt the edges of the object causing confusion with nearby shadows. It would have been obvious to one of ordinary skill in the art to modify the camouflage zones, such as visual coloration, surface relief/unevenness for IR and RADAR imaging, and the UV and/or IR pigments used depending on the coloration and lighting of the environment in which the camouflage will be used to provide enhanced concealment.
Regarding claim 22, Henderson et al. teaches all the limitations of claim 21 above. The limitation “are fused together” is indefinite for the reasons expressed above. Henderson et al. is viewed as meeting this limitation until further clarification by the Applicant.
Regarding claims 24 and 25, Henderson et al. teaches all the limitations of claim 21 above, and further teaches that the camouflage covering comprises multiple functional layers, including a painted or printed layer (10) of a camouflage pattern which makes visual detection of the structure difficult in a predetermined visible wavelength range (emissivity at visible wavelengths); a surface relief or unevenness (11) under the painted or printed layer which provides protection against detection by visible, IR and RADAR imaging (emissivity at visible and infrared wavelengths); a layer of UV and/or IR pigments (IR emissivity or IR blocking layer) which provide the surface of a protected structure with UV and/or IR signatures resembling those of its surroundings, protecting from detection by UV and/or IR sensors; a phase change material (insulating layer) in which an endothermic phase change is initiated upon increasing temperatures, thus acting as a thermal buffer to absorb heat when it reaches the phase change temperature, smoothing out the heat signature of the structure being covered by the camouflage ([0039-0047]) and a multilayer base comprised of a metal film layer(14; first/second substrate); metallized threads or scrim (15; at least one base layer) and an adhesive layer (16) is used to quickly and easily apply the camouflage covering to an object to be protected ([0047-0050]). The camouflage covering can comprise protective sheets (first/second external layer) formed on the painted or printed layer (10) comprised of a polymer such as PVC, PVF, polypropylene, polyethylene, silicones, polysulfones, polyesters, and the like ([0061-0063]).
Response to Arguments
Response-Claim Rejections - 35 USC § 112
The previous rejections of claims 2, 3 and 5 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.
Response-Claim Rejections - 35 USC § 102
Applicant’s arguments, see pages 2-5 and 9-10, filed 12/03/2025, with respect to claims 1 through 10 have been fully considered and are persuasive. The previous rejections of claims 1 through 10 under 35 U.S.C. 102(a)(1) as being anticipated by Saucedo (US 8,846,179) has been withdrawn.
Applicant's arguments filed 12/03/2025 with respect the previous rejections over Jacobsson et al. and Henderson et al. have been fully considered but they are not persuasive.
In light of the Applicants amendments, the references are being applied under 35 U.S.C. 103 in the rejections above. Arguments pertaining to the references that remain valid will be addressed herein.
With respect to Jacobsson et al., the Applicant argues on page 7 that while the panels taught by Jacobsson et al. have different sizes and shapes, the panels have the same visual camouflage print that varies over the surface area of the system as shown by Figure 1. This argument is not persuasive.
The claim language recites a first camouflage tile having a first visual profile and a second camouflage tile having a second visual profile different from the first. In paragraph [0005] of the instant application, the claimed camouflage system is discussed, wherein it is disclosed that the camouflage characteristics may vary along the surface of the object. It is maintained that Jacobsson et al. teaches a plurality of camouflage panels (a multispectral camouflage covering), as illustrated by Figure 1, wherein each of the panels comprises different portions or segments or pieces of an overall camouflage pattern, such that the visual camouflage patterns on one panel differs from the visual camouflage panel on another ([0016-0037, 0052-0072, 0078-0084, 0106-0108, 0136-0138]), thus meeting the claim limitations wherein the first camouflage panel and the second camouflage panel have different visual profiles.
The Applicant argues on pages 8 and 9 that Jacobsson et al. does not mention different camouflage profiles that include at least two of visual, infrared or radar. This argument is not persuasive.
As stated in the rejections above, Jacobsson et al. further teaches that the overall camouflage patterns used in the plurality of camouflage panels (a multispectral camouflage covering) can differ in terms of thermal emissivity and/or radar absorbing and/or reflecting capacity ([0077-0108]). While the reference does not expressly recite that the plurality of camouflage panels (a multispectral camouflage covering) have a first tile with at least two of a first visual profile, a first infrared profile and a first radar profile and a second tile with at least two of a second visual profile, a second infrared profile and a second radar profile, such a modification would have been obvious based on the teachings of Jacobsson et al. As previously stated, Jacobsson et al. teaches that each of the panels of the plurality of camouflage panels (a multispectral camouflage covering) comprise different portions of the an overall camouflage pattern, thus their visual profiles would be different as shown in Figure 1B ([0016-0037, 0052-0072, 0078-0084, 0106-0108, 0136-0138]). Furthermore, 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 individual panels of the plurality of camouflage panels (a multispectral camouflage covering) to have different thermal emissivity and/or radar absorbing and/or reflecting capacity as taught by Jacobsson et al. to advantageously conceal the object in the environment in which the plurality of camouflage panels (a multispectral camouflage covering) is used (see [0077-0108]).
With respect to Henderson et al., The Applicant argues on page 10 that the panels show the same visual camouflage print that varies over the range of the surface area of the system. This argument is not persuasive for the same reasons presented above with respect to Jacobsson et al.
As shown in Figure 8 of Henderson et al., the plurality of multiple portions (80, 81, 82; first camouflage tile, second camouflage tile) of the camouflage covering (1) comprise different camouflage patterns (first visual profile, second visual profile) thereon, thus meeting the limitation of the claim.
The Applicant argues on page 11 that Henderson et al. teaches that the panels are provided with the same layer of components over the entire covering, and lacks any teaching or suggestion of different infrared camouflage or radar camouflage profiles. This argument is not persuasive.
Henderson et al. teaches in paragraphs [0066-0071] that the each of the portions of the plurality of multiple portions (80, 81, 82; first camouflage tile, second camouflage tile) can be modified to better camouflage the object depending on the zone or setting the camouflage is used in, such that if the first zone or side is dark, then it can visually disrupt the edges of the object causing confusion with nearby shadows. It would have been obvious to one of ordinary skill in the art to modify the camouflage zones, such as visual coloration, surface relief/unevenness for IR and RADAR imaging, and the UV and/or IR pigments used depending on the coloration and lighting of the environment in which the camouflage will be used to provide enhanced concealment.
Conclusion
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LAURA POWERS
Examiner
Art Unit 1785
/LAURA C POWERS/Primary Examiner, Art Unit 1785