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 .
RESPONSE TO AMENDMENT
Claims 1-18 are pending in the application, claims 11-18 are withdrawn from consideration.
Election/Restrictions
Claims 11-18 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected invention, there being no allowable generic or linking claim. Applicants timely traversed the restriction (election) requirement in the reply filed on 23 July 2025.
Applicants' election with traverse of group I (claims 1-10) in the reply filed on 23 July 2025 is acknowledged. The traversal is on the ground(s) that there would exist no serious search and/or examination burden, and that a complete search of the product would require a search of the process. This is not found persuasive because the inventions have acquired separate status in the art due to their recognized divergent matter (i.e., they have different classifications) and would require a different field of search. Therefore, a serious search and/or examination burden exists.
The requirement is still deemed proper and is therefore made FINAL.
Priority
Acknowledgment is made of applicant’s claim for foreign priority under 35 U.S.C. 119 (a)-(d). The certified copy has been filed in this application on 22 December 2023.
Claim Objections
Claims 1, 4, and 8 are objected to because of the following informalities:
With Regards to Claim 1: Instant claim 1 recites --a function of surface-scratch resistant-- in lines 3 to 4, which appears to be a typographical error; it is recommended to correct this to read "a function of surface-scratch resistance
With Regards to Claim 1: Instant claim 1 recites --a function of surface-scratch resistant-- in lines 8 to 9, which appears to be a typographical error; it is recommended to correct this to read "a function of surface-scratch resistance
With Regards to Claim 4: Instant claim 4 recites --outer surface of first protective layer-- in line 4, which appears to be a typographical error; it is recommended to correct this to read "outer surface of the first protective layer".
With Regards to Claim 8: Instant claim 8 recites --the second protective layer while the first-- in lines 3 to 4, which appears to be a typographical error; it is recommended to correct this to read "the second protective layer, while the first".
With Regards to Claim 8: Instant claim 8 recites --the second protective layer to form a single layer-- in line 6, which appears to be a typographical error; it is recommended to correct this to read "the second protective layer, respectively, to form a single layer".
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.
Claims 1-10 are rejected under 35 U.S.C. 103 as being unpatentable over AllSO (US 2018/0050507 A1) in view of Paulson (US 2014/0362444 A1).
Regarding Claim 1: AllSO discloses a plastic lens in which the substrate layers (ref. #24 and #26) are laminated over both sies of the film (ref. #16) (figure 1G and [0150] of AllSO). AllSO also discloses that one or both sides of the plastic lens can be coated by a coating layer, wherein the coating layer includes a primer layer, a hard coat layer, an antireflection film layer, an antifog coat layer, an antifouling layer, and a water repellent layer that can be used alone or as a multi-layered coating layer of the plurality of coating layers, and that the same or different coating layers can be applied to both sides ([0196], [0198], and [0201]-[0203] of AllSO). Specifically, AllSO provides for --an optical lens comprising: a first scratch-resistant layer having a function of a surface-scratch resistance; a second scratch-resistant layer having a function of a surface-scratch resistance; at least one space layer formed between a first inner surface and a second inner surface; and at least one intermediate layer provided in the containing space layer for protection; wherein the first scratch-resistant layer is provided to protect a first side of the containing space layer, while the second scratch-resistant layer is provided to protect a second side of the containing space layer--. (In the instant case, the plastic lens (i.e., the substrate layers (ref. #24 and #26) along with the film (ref. #16)) is considered equivalent to the claimed "intermediate layer".)
AllSO fails to disclose --a first protective layer having a function of structural reinforcement; providing the first scratch-resistant layer on a first outer surface of the first protective layer for forming a first reinforced protective layer thereon; a second protective layer having a function of structural reinforcement; providing the second scratch-resistant layer on a second outer surface of the second protective layer for forming a second reinforced protective layer thereon; the at least one containing space layer formed between a first inner surface of the first protective layer and a second inner surface of the second protective layer; and wherein the first scratch-resistant layer and the first protective layer are provided to commonly protect a first side of the containing space layer, while the second scratch-resistant layer and the second protective layer are provided to commonly protect a second side of the containing space layer--.
Paulson discloses articles exhibiting high hardness and including anti-reflective coatings on substrates, specifically, an article (ref. #100A) having a substrate (ref. #102), an optional inner layer (ref. #104A) substantially covering the substrate, an intermediate layer (ref. #104B) substantially covering the inner layer, a first outer layer (ref. #104C) substantially covering the intermediate layer, and a second outer layer (ref. #104D) substantially covering the first outer layer (figure 5A, [0002], and [0036]-[0037] of Paulson). Paulson also discloses that the second outer layer (ref. #104D) is employed to provide some mechanical protection (e.g., against scratching) to the first outer layer (ref. #104C), and that the intermediate layer (ref. #104B) provides a stiff backing to the first outer layer (ref. #104C) ([0044] of Paulson). (In the instant case, said intermediate layer has the function of structural reinforcement, in that is provides a stiff backing for the overlying layers; wherein said intermediate layer would be considered equivalent to the claimed first and second protective layers.)
It would have been obvious to one of ordinary skill in the art at the time of the invention to have incorporated the plurality of layers (ref. #104A, #104B, #104C, and #104D) of Paulson as the coating layer of the optical lends provided by AllSO in order to have -a first protective layer having a function of structural reinforcement; providing the first scratch-resistant layer on a first outer surface of the first protective layer for forming a first reinforced protective layer thereon; a second protective layer having a function of structural reinforcement; providing the second scratch-resistant layer on a second outer surface of the second protective layer for forming a second reinforced protective layer thereon; the at least one containing space layer formed between a first inner surface of the first protective layer and a second inner surface of the second protective layer; and wherein the first scratch-resistant layer and the first protective layer are provided to commonly protect a first side of the containing space layer, while the second scratch-resistant layer and the second protective layer are provided to commonly protect a second side of the containing space layer--. One of ordinary skill in the art would have been motivated to have incorporated the plurality of layers (ref. #104A, #104B, #104C, and #104D) of Paulson as the coating layer of the optical lends provided by AllSO, from the stand-point of having a number of layers and the order of each in relation to the others that results in a very satisfactory hardness and optical characteristics for the overall structure ([0011] and [0023] of Paulson). (In the instant case, the plurality of layers of Paulson would be incorporated as the hard coating layer disposed on both sides of the plastic lends of AllSO, wherein the intermediate layer (ref. #104B) is considered equivalent to the claimed first protective layer and second protective layer, and wherein the second outer layer (ref. #104D) is considered equivalent to the claimed first scratch-resistant layer and second scratch-resistant layer.)
Regarding Claim 3: AllSO in view of Paulson discloses that the intermediate layer is integrated with the first inner surface of the first protective layer to form a single layer ([0196] and [0198] of AllSO; figure 5, [0036]-[0037] of Paulson). (In the instant case, the optical lens of AllSO in view of Paulson is considered to be a single layer, in that the intermediate layer is connected to the first inner surface of the first protective layer.)
Regarding Claim 4: AllSO in view of Paulson discloses that the intermediate layer is integrated with the first inner surface of the first protective layer while the first scratch-resistant layer is integrated with the first outer surface of first protective layer to form a single layer ([0196] and [0198] of AllSO; figure 5, [0036]-[0037] of Paulson). (In the instant case, the optical lens of AllSO in view of Paulson is considered to be a single layer, in that the intermediate layer is connected to the first inner surface of the first protective layer, and that the first scratch-resistant layer is connected to the first outer surface of the first protective layer.)
Regarding Claim 5: AllSO in view of Paulson discloses that the intermediate layer is integrated with the second inner surface of the second protective layer to form a single layer ([0196] and [0198] of AllSO; figure 5, [0036]-[0037] of Paulson). (In the instant case, the optical lens of AllSO in view of Paulson is considered to be a single layer, in that the intermediate layer is connected to the second inner surface of the second protective layer.)
Regarding Claim 6: AllSO in view of Paulson discloses that the intermediate layer is integrated with the second inner surface of the second protective layer while the second scratch-resistant layer is integrated with the second outer surface of the second protective layer to form a single layer ([0196] and [0198] of AllSO; figure 5, [0036]-[0037] of Paulson). (In the instant case, the optical lens of AllSO in view of Paulson is considered to be a single layer, in that the intermediate layer is connected to the second inner surface of the second protective layer, and that the second scratch-resistant layer is connected with the second outer surface of the second protective layer.)
Regarding Claim 7: AllSO in view of Paulson discloses that the intermediate layer is integrated with the first inner surface of the first protective layer and the second inner surface of the second protective layer to form a single layer ([0196] and [0198] of AllSO; figure 5, [0036]-[0037] of Paulson). (In the instant case, the optical lens of AllSO in view of Paulson is considered to be a single layer, in that the intermediate layer is connected to the first inner surface of the first protective layer and to the second inner surface of the second protective layer.)
Regarding Claim 8: AllSO in view of Paulson discloses that the intermediate layer is integrated with the first inner surface of the first protective layer and the second inner surface of the second protective layer while the first scratch-resistant layer and the second scratch-resistant layer are integrated with the first outer surface of first protective layer and the second outer surface of the second protective layer to form a single layer ([0196] and [0198] of AllSO; figure 5, [0036]-[0037] of Paulson). (In the instant case, the optical lens of AllSO in view of Paulson is considered to be a single layer, in that the intermediate layer is connected to the first inner surface of the first protective layer and the second inner surface of the second protective layer, and in that the first scratch-resistant layer and the second scratch-resistant layer are connected to the first outer surface of the first protective layer and the second outer surface of the second protective layer, respectively.)
Regarding Claim 9: AllSO in view of Paulson discloses that the first protective layer has a first degree of hardness that can be greater than a second degree of hardness of the second protective layer ([0042] of Paulson; [0196] of AllSO). (In the instant case, Paulson discloses that the first protective layer and the second protective layer can have a degree of hardness ("hardness") of at least 15 GPa, AllSO discloses that the coatings on opposing sides of the lends (i.e., the first protective layer and the second protective layer) can be the same or different; as such, it would have been obvious to a person having ordinary skill in the art at the time the invention was made that there would exist a first degree of hardness that can be greater than the second degree of hardness.)
Regarding Claim 10: AllSO in view of Paulson discloses that the first protective layer has a first thickness greater than a second thickness of the second protective layer ([0040] of Paulson; [0196] of AllSO). (In the instant case, Paulson discloses that the first protective layer and the second protective layer can have a thickness of between about 1-5 microns ([0040] of Paulson), AllSO discloses that the coatings on opposing sides of the lends (i.e., the first protective layer and the second protective layer) can be the same or different; as such, it would have been obvious to a person having ordinary skill in the art at the time the invention was made that there would exist a first thickness that can be greater than the second thickness.)
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Donald M. Flores, Jr. whose telephone number is (571) 270-1466. The examiner can normally be reached 7:30 to 17:00 M-F; Alternate Fridays off.
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/DONALD M FLORES JR/
Donald M. Flores, Jr.Examiner, Art Unit 1781