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 .
Election/Restrictions
Applicant’s election of Group I in the reply filed on 4/21/26 is acknowledged. Because applicant did not distinctly and specifically point out the supposed errors in the restriction requirement, the election has been treated as an election without traverse (MPEP § 818.01(a)).
Claims 2-3 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 4/21/26.
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 and 4-8 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.
Claim 1 recites a transparent spherical aggregate deposited on a substrate comprising a thermoplastic aromatic polyester or a thermoplastic polyolefin. This language is ambiguous as to whether the substrate is made of polyester/polyolefin or whether these are included in the aggregate. For the purposes of this action, this claim is understood to require that the substrate is formed of one of the polyester or polyolefin.
Claim 1 recites “further comprising: semi-crystalline thermoplastic polyester, poly(cyclohexylene dimethylene terephthalate)”. It is not clear from this phrasing if both a semi-crystalline thermoplastic polyester and a poly(cyclohexylene dimethylene terephthalate) are required in addition to the “thermoplastic aromatic polyester” or “thermoplastic polyolefin” of the preamble or if the poly(cyclohexylene dimethylene terephthalate) is intended as a species of semi-crystalline thermoplastic polyester. For the purposes of this action, this limitation is being treated as if it reads, “further comprising: a semi-crystalline thermoplastic polyester consisting of poly(cyclohexylene dimethylene terephthalate)…”.
Claim 1 also recites “further comprising: semi-crystalline thermoplastic polyester, poly(cyclohexylene dimethylene terephthalate), having at least a size distribution of between 160 nm and 200 nm, and emitting fluorescence in the region of the visible spectrum corresponding to…”. It is not clear if this last limitation concerning emitting fluorescence is directed to only the poly(cyclohexylene dimethylene terephthalate) or if it describes the transparent spherical aggregate in general. For the purposes of this action, it is being treated as if the fluorescence limitation refers to the poly(cyclohexylene dimethylene terephthalate).
Claim 4 recites “the transparent packaging of thermoplastic aromatic polyester…” This language is unclear. For example, it is not clear whether the packaging is made of a thermoplastic aromatic polyester or if the packaging contains a thermoplastic aromatic polyester within it. For the purposes of this action, claim 4 is understood to require that the packaging material is either thermoplastic aromatic polyester or thermoplastic polyolefin.
Claim 6 recites “multilayer techniques.” It is not clear what the metes and bounds of this term is intended to be.
Allowable Subject Matter
While each of the claims is rejected under § 112, as discussed above, none of the prior art on record fairly teaches or suggests each element of claims 1 or 4.
Aoyama et al. (US 2012/0080089) teaches a film of crystalline polyester resin including polycyclohexylene dimethylene terephthalate (Abst.; ¶¶ 0029, 0042) which has a size of 5nm to 5 µm (¶ 0062) and emits light in the visible spectrum (¶ 0127). Aoyama also teaches that this resin is deposited as a wrapping material on an object (¶ 0003). Aoyama, however, fails to clearly teach that the particles are spherical or that they emit fluorescence in the specific wavelengths required by claim 1.
Baer et al. (US 2020/0142128) teaches a security marking on a physical object (Abst.) where the marking comprises polycyclohexylene dimethylene terephthalate (¶ 0077) and is unclonable (¶¶ 0051-0053). Baer, however, teaches that the marking is unclonable due to its electromagnetic spectrum or reflection spectrum and does not remedy the deficiencies of Aoyama.
Luthi et al. (US 2007/0154687) is also cited for teaching a fluorescent marking to prevent counterfeiting on cosmetic or perfume products where the packaging is a polyester (Abst.; ¶ 0018). Luthi, however, fails to teach or suggest use of a spherical aggregate of polycyclohexylene dimethylene terephthalate as the material for forming the markings and does not remedy the deficiencies of Aoyama concerning fluorescence wavelengths.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Robert A Vetere whose telephone number is (571)270-1864. The examiner can normally be reached M-F 7:30-4:00 EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Michael Cleveland can be reached at (571) 270-1034. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ROBERT A VETERE/ Primary Examiner, Art Unit 1712
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