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 .
Information Disclosure Statement
The information disclosure statement(s) (IDS) submitted on 02/27/2024, 05/10/2024, 03/04/2025, 11/19/2025, and 02/20/2026 are in compliance with the provisions of 37 CFR 1.97. Accordingly, the IDS is being considered by the examiner.
Election/Restrictions
Applicant's election with traverse of Group I in the reply filed on 01/20/2026 is acknowledged. The traversal is on the ground(s) that there is not undue burden to examine the claims together. This is not found persuasive because there would be a search burden including searching different classes and different search queries.
The requirement is still deemed proper and is therefore made FINAL.
Claim 20 is withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected invention, there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on 01/20/2026.
Claim Objections
Claims 1, 8-9 and 18-19 are objected to because of the following informalities: the claims using different abbreviations for the same unit of measurement e.g., microns vs µm. It is suggested to use the same abbreviation for consistency. Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(d):
(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph:
Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
Claims 14-16 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 14 recites that the fluoropolymer based layer consists of a fluoropolymer based material. It is unclear how the layer can consist of the material in claim 14 if the layer already includes the fluoropolymer based material as recited in claim 1 or is claim 14 intended to limit claim 1 to consist of the fluoropolymer based material already recited in claim 1 and is not a second new fluoropolymer based material.
For sake of further examination, claim 14 will be examined as limiting the fluoropolymer based layer to consist of the fluoropolymer based material.
Claims 15 and 16 recite the fluoropolymer based layer comprising an ETFE it is unclear if the ETFE is a second fluoropolymer added with the fluoropolymer based material or intending to limit the fluoropolymer based material to ETFE.
For sake of further examination claims 15 and 16 will be examined as being either a mixture of ETFE and fluoropolymer based material or the ETFE being the fluoropolymer based material.
Claims 8 and 10 are rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends.
Claim 8 recites a thickness of the glass substrate which is already recited in independent claim 1 from which claim 8 depends. Thus claim 8 does not further limit the subject matter of the claim upon which it depends.
Claim 10 recites that the fluoropolymer based layer comprises a fluoropolymer, however claim 1 from which claim 10 depends already sets forth that the fluoropolymer based layer comprises a fluoropolymer material. Thus claim 10 does not further limit the subject matter of the claim upon which it depends.
Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-19 are rejected under 35 U.S.C. 102(a)(1) and/or 35 U.S.C. 102(a)(2) as being anticipated by Hong et al. (US 20130063952).
Regarding claims 1 and 8-10, Hong discloses a multilayer laminate (10) comprising a fluoropolymer layer (20), a UV resistant fluoropolymer adhesive layer (30) and a third layer (40) (0016). Where the third layer includes glass (0064) and has a thickness in the range of 0.5 mils to 10 mils (0065; 12.7 to 254 microns), anticipating the claimed thickness of not greater than about 300 microns in claims 1 and 8 and of at least about 1 micron in claim 9 (MPEP 2131.03).
The fluoropolymer layer comprising a fluoropolymer (0030).
The UV resistant fluoropolymer adhesive layer provided in contact with the third layer and fluoropolymer layer (Fig. 1) and comprising an encapsulant component e.g., a polymer (0046) and an UV absorber component (0054).
The multilayer laminate having a visible light transmission in a range of between 400 and 1100 nm (0149) of at least 85% (0116), anticipating the claimed VLT of at least about 50% (MPEP 2131.03).
Hong does not expressly teach a lower UV-light transmission of not greater than 1.0% at a percent transmission between 200 nm and 360 nm and high UV-light transmission of not greater than 5.0% at a percent transmission between 360 nm and 380 nm. Hong however teaches the use of the same materials (e.g., glass substrate, fluoropolymer layer, and encapsulant layer comprising a polymer and UV absorber) thus these values are expected from the multilayer film of Hong.
Once a reference teaching product appearing to be substantially identical is made the basis of a rejection, and the examiner presents evidence or reasoning tending to show inherency, the burden shifts to the applicant to show an unobvious difference. "[T]he PTO can require an applicant to prove that the prior art products do not necessarily or inherently possess the characteristics of his [or her] claimed product. Whether the rejection is based on inherency’ under 35 U.S.C. 102, on prima facie obviousness’ under 35 U.S.C. 103, jointly or alternatively, the burden of proof is the same, and its fairness is evidenced by the PTO’s inability to manufacture products or to obtain and compare prior art products." In re Best, 562 F.2d 1252, 1255, 195 USPQ 430, 433-34 (CCPA 1977)), see MPEP 2112. Applicant has not clearly shown an unobvious difference between the instant invention and the prior art’s product.
Regarding claims 2-5, as discussed above the L-UVLT and H-UVLT values are expected from the prior art multilayer film (MPEP 2112).
Regarding claims 6 and 7, Hong teaches the multilayer laminate having a visible light transmission of at least 85% (0116), anticipating the claimed VLT of at least about 55% in claim 6 and not greater than about 99.9% in claim 7 (MPEP 2131.03).
Regarding claim 11, Hong teaches the fluoropolymers including e.g., ETFE (0030-0039).
Regarding claims 12-14, Hong teaches the fluoropolymer based layer only including the fluoropolymer e.g., 100 wt% (0030).
Regarding claim 15-17, Hong teaches the fluoropolymer layer being and ETFE film e.g., 100 wt% ETFE (0037, 0148).
Regarding claims 18 and 19, Hong teaches the fluoropolymer layer having a thickness in the range of 0.5 mils to 20 mils (0020; 12.7 to 508 microns), anticipating the claimed thickness of at least about 10 µm in claim 18 and not greater than about 1000 µm in claim 19 (MPEP 2131.03).
Contact Information
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ALICIA WEYDEMEYER whose telephone number is (571)270-1727. The examiner can normally be reached M-Th 9-4.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Frank Vineis can be reached at 571-270-1547. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ALICIA J WEYDEMEYER/Primary Examiner, Art Unit 1781