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 .
Specification
The use of the trademark JEEP has been noted in this application (¶ 0021). It should be capitalized wherever it appears and be accompanied by the generic terminology. Although the use of trademarks is permissible in patent applications, the proprietary nature of the marks should be respected and every effort made to prevent their use in any manner which might adversely affect their validity as trademarks. Appropriate correction is required.
The disclosure is objected to because of the following informalities: in ¶0019, “ink layer 114” should be --ink layer 112--.
Appropriate correction is required.
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.
Claims 1, 5, and 12-13 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kalenski (10,259,303; hereinafter “Kalenski ‘303”).
Regarding claim 1, Kalenski ‘303 discloses a reusable protective panel (422) configured to adhere to an exterior surface of a vehicle, the reusable protective panel comprising:
a substrate layer (314; see Fig. 5 and Col. 4, lines 16-34); that is a flexible material suitable for being printed on (see Col. 4, lines 35-37 describing the layer 314 as a vinyl, which reasonably reads upon being a flexible material);
an ink layer printed (see Col. 3, lines 57-59 reciting that the image is “imprinted” on the outer surface of layer 314, which reads upon a reasonably broad interpretation of the image being an ink layer) on the substrate layer (see e.g.,. Col. 4, lines 19-20 describing how the image is on the outer side of layer 314); and
a protective layer (316) bonded to the ink layer (e.g., to the outer image-bearing side of substrate); wherein:
the protective layer (316) is configured to protect the ink layer against scratches (see e.g., Col. 4, lines 47-48 and 55-57), the protective layer being bonded to the ink-side of the substrate (314) via an adhesive layer (318).
Regarding claims 5 and 12-13, Kalenski ‘303 further discloses that the substrate layer (314) defines a first substrate side and an opposite second substrate side, the first substrate side is coated with a pressure-sensitive adhesive (518, see Fig. 5) used to removably adhere the reusable protective panel to the exterior surface of the vehicle, the ink layer (e.g., the image printed on the opposite side of substrate 314) is printed on the second substrate side.
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 of this title, 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 2-4 and 6-11 are rejected under 35 U.S.C. 103 as being unpatentable over Kalenski ‘303 in view of Kalenski (US 2022/0258681; hereinafter “Kalenski ‘681”).
Regarding claims 2 and 6-7, Kalenski ‘303 does not disclose that the outer/upper surface of the protective layer is embossed.
Kalenski ‘681 teaches another protective vehicle panel including a flexible (see ¶0047) vinyl (see ¶0032) protective layer/film (102). The outer surface of the protective layer (102) includes a design (106) which is embossed (see ¶0031).
It would have been obvious to a person having ordinary skill in the art prior to the effective filing date of the present application to have modified the panel of Kalenski ‘303 to have its outer protective layer with an embossed design as taught by Kalenski ‘681 to arrive at the claimed device with a reasonable expectation of success. A person of ordinary skill in the art would have been motivated to combine them at least because doing so constitutes applying a known technique (e.g., adding texture/design to an exterior panel) to known devices (e.g., vehicle exterior panels) ready for improvement to yield predictable results.
Regarding claims 3 and 9, Kalenski ‘303 further discloses that the protective layer (314) is transparent (see Col. 4, lines 30-32).
Regarding claims 4 and 8, while Kalenski ‘303 discloses that the outer protective layer is durable and protects the vehicle, it does not provide the thickness of the layer(s).
Kalenski ‘681 teaches that an adhesively-mounted reusable protective panel’s protective layer (102) can be between .2 mm to 2 mm thick (i.e., between approx. 8 mils and 80 mils thick; see ¶0033).
It would have been obvious to a person having ordinary skill in the art prior to the effective filing date of the present application to have modified the panel of Kalenski ‘303 to have its outer protective layer with a thickness within the range of 8 and 80 mils as taught by Kalenski ‘681 to arrive at the claimed device with a reasonable expectation of success. A person of ordinary skill in the art would have been motivated to combine them at least because doing so constitutes applying a known technique (e.g., using sufficiently thick material to achieve a desired protective capability) to known devices (e.g., vehicle exterior panels having vinyl protective layers) ready for improvement to yield predictable results.
Regarding claim 10-11, Kalenski ‘303 further discloses that the substrate layer (314) defines a first substrate side and an opposite second substrate side, the first substrate side is coated with a pressure-sensitive adhesive (518, see Fig. 5) used to removably adhere the reusable protective panel to the exterior surface of the vehicle, the ink layer (e.g., the image printed on the opposite side of substrate 314) is printed on the second substrate side.
Conclusion
The examiner has pointed out particular references contained in the prior art of record in the body of this action for the convenience of the applicant. Although the specified citations are representative of the teachings in the art and are applied to the specific limitations within the individual claim, other passages and figures may apply as well. Applicant should consider the entire prior art as applicable as to the limitations of the claims. It is respectfully requested from the applicant, in preparing the response, to consider fully the entire reference(s) as potentially teaching all or part of the claimed invention, as well as the context of the passage as taught by the prior art or disclosed by the examiner.
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to STEVE CLEMMONS whose telephone number is (313)446-4842. The examiner can normally be reached on 8-4:30 EST Monday-Friday.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, J Allen Shriver can be reached on 303-297-4337. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/STEVE CLEMMONS/ Primary Examiner, Art Unit 3618