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 .
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1, 4-6, 9 and 10 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention. Claim 1 recites “A method of creating a non-conductive film for lighter than air balloons, comprising: providing a gas barrier core; applying a metal layer to the gas barrier core; applying a heat sealing layer to the gas barrier core to form a non-conductive film comprising the gas barrier core, the metal layer and the heat sealing layer; depositing a metal adhesion prevention agent comprising oil on the non- conductive film to create a pattern; and vapor depositing a metal comprising copper over the patterned outer layer of the film resulting in a patterned copper layer comprising islands of electrically isolated, continuous, conductive deposits of metal…” and claim 6 recites Claim 6 recited a nonconductive film for lighter than air balloons comprising: a gas barrier core; a metal layer applied to the gas barrier core; a heat sealing layer applied on the gas barrier core to form a non-conductive film comprising the gas barrier core, the metal layer, and the heat sealing layer; a metal adhesion prevention agent comprising oil deposited on the non-conductive film to create a pattern; and a metal comprising copper vapor deposited over the patterned outer layer of the film resulting in a patterned copper layer comprising islands of electrically isolated continuous, conductive deposits of metal,” which requires a metal layer forming the non-conductive film and then further vapor depositing a metal comprising copper over a patterned adhesion prevention agent on the non-conductive film. This limitation is not supported by the specification. The specification provide support for applying a patterned metal layer to form a non-conductive film, but fails to provide support for providing a non-conductive film comprised of a metal layer then further applying a patterned metal layer comprising copper as claimed. Paragraph 0062 of the specification states, the non-conductive film comprise a metal layer (924 of Fig. 9B); a gas barrier core (926 of Fig. 9B); and a heat sealing layer (928 of Fig. 9b). The film can further comprise a coating layer (922 which is a non-conductive polymer (see 0063). The specification further teaches a non-conductive film comprising a gas barrier core (1004); a heat sealing layer (1006), and a metal layer (1002 of Fig. 10) where the metal layer of the non-conductive film maybe patterned (see 0065). In another embodiment, a reflective film can be applied to a non-conductive film where the reflective film is applied on an outer surface of a non-conductive film (202 of Fig. 2) and can be a discontinuous or patterned metal (see 0038). The outer layer is a polyolefin layer (202) where and the non-conductive film does not comprise a metal layer (see Fig. 2). Therefore, the specification fails to provide support where the non-conductive film comprises a gas barrier core; a metal layer over the gas barrier core; and a heat sealing layer and applying over the non-conductive film a metal adhesion prevention agent; and vapor depositing copper over the patterned outer layer to form a patterned copper layer as required by the claims.
Conclusion
There are no prior art rejections over the claims. The cited prior art teaches forming a non-conductive film comprising a gas barrier core; a metal layer on the gas barrier core and a heat sealing layer on the gas barrier core. The previously cited prior art Ward et al. (US 2002/0094396) in view of Horii (US 4928908), Yializis (US 6106627),Shepard et al. (US 6068933), and Hurst (US 4077588) teach forming the metal layer of the non-conductive film using a metal adhesion agent to form a pattern and vapor depositing a metal comprising copper to form the pattern. The prior art further teaches the gas barrier core comprises a gas barrier layers sandwiched between adhesive layers (see the previous office action). The prior art fails to teach or suggest applying the patterned layer and copper layer onto a non-conductive film comprising a gas barrier core; a metal layer; and a heat sealing layer as required by the amended claim.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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/CACHET I. PROCTOR/
Examiner
Art Unit 1712
/CACHET I PROCTOR/Primary Examiner, Art Unit 1712
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