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 with traverse of Invention II (claims 8-11) in the reply filed on 2/11/2026 is acknowledged. The traversal is on the ground(s) that “Regarding Inventions I and II, both Inventions I and II are classified in the same CPC class "B32B". Moreover, Inventions I and II are related as process of making and product made. In the present application, the distinguishing characteristics of the product as claimed in Invention I are introduced by the method as claimed in Invention II. In other words, the method as claimed in Invention II is not merely a way of making the product as claimed in Invention I, the method as claimed in Invention II actually creates the structural and/or functional features that make the product as claimed in Invention I patentable. Therefore, the product as claimed in Invention I is not independent of the method as claimed in Invention II.”. This is not found persuasive because the inventions are distinct for the reasons set forth in the requirement for restriction/election mailed 1/15/2026 wherein the product as claimed can be made by another and materially different process (i.e. without a hot-pressing step such as injection molding in a mold, comprising a metal layer comprising a plurality of protrusions protruding from an upper surface and an upper mold comprising protrusions corresponding to the plurality of protrusions, the first resin layer between a lower mold and the metal layer and the second resin layer between the metal layer and the upper mold), and there would be a serious search and/or examination burden if restriction would not required for the reasons set forth in the requirement for restriction/election and including (as alternative to the inventions have a separate status in the art in view of their different classification) the inventions have acquired a separate status in the art due to their recognized divergent subject matter; the invention require a different field of search; and/or the prior art applicable to one invention would not likely be application to another invention.
The requirement is still deemed proper and is therefore made FINAL.
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 9-11 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 9 recites the limitation “performing the second hot-pressing step further comprises to allow the second resin layer to be formed with a plurality of second resin protrusions corresponding to the plurality of concave portions”. The limitation is unclear and confusing (i.e. what is meant by to allow) as to whether or not the second resin layer is formed with a plurality of second resin protrusions corresponding to the plurality of concave portions upon performing the second hot-pressing step? The limitation appears directed to positively forming the second resin layer with a plurality of second resin protrusions corresponding to the plurality of concave portions. It is suggested to delete “performing the second hot-pressing step further comprises to allow the second resin layer to be formed with a plurality of second resin protrusions corresponding to the plurality of concave portions” and insert therein - - performing the second hot-pressing step further comprises forming the second resin layer with a plurality of second resin protrusions corresponding to the plurality of concave portions - -. This is the interpretation given the limitation for purposes of examination.
Claim 10 recites the limitation “performing the second hot-pressing step further comprises to allow the third resin layer to be formed with a plurality of third resin protrusions corresponding to the plurality of concave portions”. The limitation is unclear and confusing (i.e. what is meant by to allow) as to whether or not the third resin layer is formed with a plurality of third resin protrusions corresponding to the plurality of concave portions upon performing the second hot-pressing step? The limitation appears directed to positively forming the third resin layer with a plurality of third resin protrusions corresponding to the plurality of concave portions. It is suggested to delete “performing the second hot-pressing step further comprises to allow the third resin layer to be formed with a plurality of third resin protrusions corresponding to the plurality of concave portions” and insert therein - - performing the second hot-pressing step further comprises forming the third resin layer with a plurality of third resin protrusions corresponding to the plurality of concave portions - -. This is the interpretation given the limitation for purposes of examination.
Claim 11 recites the limitation “performing a hot-pressing step”… …“allow the metal layer to be formed with a plurality of metal protrusions corresponding to the plurality of first resin protrusions, and allow the second resin layer to be formed with a plurality of second resin protrusions corresponding to the plurality of first resin protrusions”. The limitation is unclear and confusing (i.e. what is meant by allow) as to whether or not the metal layer is formed with a plurality of metal protrusions corresponding to the plurality of first resin protrusions and the second resin layer is formed with a plurality of second resin protrusions corresponding to the plurality of first resin protrusions? The limitation appears directed to positively forming the metal layer with a plurality of metal protrusions corresponding to the plurality of first resin protrusions and the second resin layer with a plurality of second resin protrusions corresponding to the plurality of first resin protrusions. It is suggested to delete “allow the metal layer to be formed with a plurality of metal protrusions corresponding to the plurality of first resin protrusions, and allow the second resin layer to be formed with a plurality of second resin protrusions corresponding to the plurality of first resin protrusions” and insert therein - - form the metal layer with a plurality of metal protrusions corresponding to the plurality of first resin protrusions, and form the second resin layer with a plurality of second resin protrusions corresponding to the plurality of first resin protrusions - -. This is the interpretation given the limitation for purposes of examination.
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 8 and 9 are rejected under 35 U.S.C. 103 as being unpatentable over Shapira (U.S. Patent Application Publication 2005/0064652).
Regarding claims 8 and 9, Shapira discloses a method for manufacturing a composite sheet, comprising (it being noted comprising is inclusive or open-ended and does not exclude additional, unrecited elements or method steps see MPEP 2111.03): providing a laminated film layer stack (Figure 14), wherein the film layer stack comprises a first resin layer (cover layer 138 of plastic see paragraphs 0032 and 0048), a metal layer (conducting layer 132 of metal see paragraphs 0027 and 0048) and a second resin layer (impressionable layer 134 made of hot melt adhesive including thermoplastic see paragraphs 0029 and 0058) stacked in sequence; stacking a release member (template 142) on the film layer stack, wherein a surface of the release member is formed with a plurality of concave portions (see Figure 15), and the surface of the release member faces a surface of the metal layer away from the first resin layer; performing a second hot-pressing step, wherein the release member and the film layer stack are heated and pressurized (by the release member is a heated embossing die or plate see paragraphs 0036 and 0041), so that the metal layer is formed with a plurality of metal protrusions corresponding to the plurality of concave portions, and the first resin layer is formed with a plurality of first resin protrusions corresponding to the plurality of concave portions and (regarding claim 9) forming the second resin layer with a plurality of second resin protrusions corresponding to the plurality of concave portions; and removing the release member (Figure 15 and Paragraph 0048).
As to the limitations in claim 8 of “the metal layer is removably disposed on the first resin layer, and the second resin layer is removably disposed on the metal layer; performing a first hot-pressing step, wherein the film layer stack is heated and pressurized to fix the metal layer on the first resin layer and maintain the second resin layer to be removably disposed on the metal layer”, Shapira teaches the film layer stack is laminated (Paragraph 0048) by a layering step (step 12 and including layering/laminating with pressing such as with rollers as shown in Figure 11) to fix the layers (Paragraph 0021) prior to the second hot-pressing step (step 16 and hot-pressing with the heated embossing die) wherein fixing/adhering includes by heat is applied to effectuate the joining (Paragraph 0025). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention providing the laminated film layer stack as taught by Shapira includes layering by the metal layer is removably disposed (removably disposed interpreted as capable of being removed) on the first resin layer, and the second resin layer is removably disposed on the metal layer and performing a first hot-pressing step, wherein the film layer stack is heated and pressurized to fix the metal layer on the first resin layer and fix and maintain the second resin layer to be removably disposed on the metal layer (the second resin layer is thermoplastic so that the layer is maintained removably disposed by being capable of upon reheating the layer to soften and melt the thermoplastic the layer is removable) to laminate the stack as taught by Shapira.
Claim 11 is rejected under 35 U.S.C. 103 as being unpatentable over Suzuki et al. (U.S. Patent Application Publication 2005/0112330) in view of Katzman (EP 3871856).
Regarding claim 11, Suzuki discloses a method for manufacturing a composite sheet, comprising: providing a film layer stack (Figure 7C), wherein the film layer stack comprises a first resin layer (molded article body 21 formed from a resin material see Figure 5A and paragraph 0074), a metal layer (4 and comprising an adhesive for fixing see paragraphs 0046 and 0061) and a second resin layer (resin layer 3 preferably a thermoplastic see paragraph 0053) stacked in sequence, the metal layer is removably disposed on the first resin layer (the metal layer and the first resin layer are overlapped by lowering the holding device 32 by an elevator apparatus with air existing therebetween see paragraph 0077), the second resin layer is removably disposed on the metal layer (the second resin layer is thermoplastic so that the layer is removably disposed by being capable of upon heating the layer to soften and melt the thermoplastic the layer is removed), and a surface of the first resin layer facing the metal layer is formed with a plurality of first resin protrusions (minute projections-and-depressions see Figures 5A and 5B); and performing a pressing step (removing the existing air by pressing using compressed air and vacuum see paragraph 0077), wherein the film layer stack is pressurized to fix the metal layer on the first resin layer, maintain the second resin layer to be removably disposed on the metal layer (as the second resin layer remains thermoplastic), form the metal layer with a plurality of metal protrusions corresponding to the plurality of first resin protrusions (deformed to reflect the form of the projections-and-depressions see Figure 5B and Paragraph 0057), and form the second resin layer with a plurality of second resin protrusions corresponding to the plurality of first resin protrusions (deformed by following the deformation of the metal layer see Figure 5B and Paragraph 0057).
As to the limitation in claim 11 of “performing a hot-pressing step, wherein the film layer stack is heated and pressurized”, Suzuki teaches the metal layer and second resin layer are heated to soften the layers for pressure forming the film layer stack including using compressed air (Figures 3A-3C and 7C and Paragraphs 0076 and 0077). Suzuki does not appear to expressly teach the compressed air is heated. It is well understood by one of ordinary skill in the art of heating and pressure forming layer(s) using air at a controlled pressure the air is heated for reaching or maintaining a predetermined temperature as evidenced by Katzman (Paragraphs 0025, 0048, and 0049). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention the pressing step wherein the film layer stack is pressurized under compressed air as taught by Suzuki includes the air is heated (i.e. performing a hot-pressing step, wherein the film layer stack is heated and pressurized) not only as the air is either heated or not but wherein heating the air is well understood by one of ordinary skill in the art as evidenced by Katzman for reaching or maintaining a predetermined temperature and thus predictably ensuring the softened layers reach or maintain the softening temperature for the pressure forming.
Allowable Subject Matter
Claim 10 would be allowable if rewritten as suggested above to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter:
The prior art of record fails to teach or suggest a method for manufacturing a composite sheet as claimed and including removing the second resin layer (the limitation of claim 10 interpreted, as is consistent with the instant specification see Figure 7, as the second resin layer is removed after the first hot-pressing step and prior to the second hot-pressing step) and removably disposing a third resin layer on the metal layer, wherein performing the second hot-pressing step further comprises forming the third resin layer with a plurality of third resin protrusions corresponding to the plurality of concave portions.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: Herslow et al. (U.S. Patent Application Publication 2011/0020606) disclosing hot-pressing so that a metal layer (100) is formed with a plurality of metal protrusions corresponding to a plurality of concave portions of a release member (90) (Figure 2A and Paragraph 0043).
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/JOHN L GOFF II/Primary Examiner, Art Unit 1746