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 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 10-18 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 10 is not commensurate in scope with claim 1 from which it depends. Claim 10 recites that the inner layer comprises fiberglass. Claim 10 recites that the inner layer comprises a material selected from the group consisting of fiberglass roll, fiberglass chop, carbon and aramids. Carbon and aramids are not fiberglass. For purposes of examination, Examiner is interpreting claim 10 to refer to “the inner layer comprises a material selected from the group consisting of fiberglass roll, fiberglass chop”.
Claims 11-18 are rendered indefinite as the claims depend on indefinite claim 10.
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 and 10 are rejected under 35 U.S.C. 102(a)(1) & (a)(2) as being anticipated by Shin et al., KR 2012002265.
Regarding claims 1 and 10, Shin discloses a waterproof structure comprising a waterproof image sheet unit 120 including a cotton fabric sheet layer 121; an image based coating layer 122; and an image printing layer 123 with a transparent waterproof protective layer 124 being disposed upon the waterproof image sheet unit [Figure 5 and 0036]. Additionally, Figure 5 illustrates a fiberglass layer that is coated on both sides. Examiner is corresponding the water proof image sheet unit 120 to Applicant’s intermediate layer. Applicant’s claim does exclude the intermediate layer from including sub-layers. Applicant’s claim includes open language. Shins’ waterproof image sheet unit 120 includes a fabric having an image thereon. Reference claim 9 discloses that the transparent waterproof layer includes a curing agent. Examiner is corresponding the transparent protective layer 124 of Shin to Applicant’s claimed outer layer comprising a transparent curable coat. Paragraph 0044 discloses that the coating includes a waterproofing agent, urethane with is a curable resin. Examiner is corresponding the coated fiberglass layer as Applicants inner layer. Applicant’s claim does not exclude the inner layer from having a coated thereon.
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Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1-18 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-18 of U.S. Patent No. 11,969,982. Although the claims at issue are not identical, they are not patentably distinct from each other because the claims in both the present application and the patented reference recite
A three-layer combination of a cosmetically altered fiberglass piece comprising: an outer layer having a curable translucent coat; an inner layer comprising fiberglass configured for structural support of the fiberglass piece; and an intermediate layer disposed immediately adjacent to the outer layer on an outer side of the intermediate layer and immediately adjacent to the inner layer on an inner side of the intermediate layer, the intermediate layer comprising a textile having a graphical element disposed immediately adjacent to the outer layer.
The claims in both the present application and the patented reference recite wherein the intermediate layer textile comprises a woven fabric.
The claims in both the present application and the patented reference recite wherein the woven fabric comprises synthetic fibers.
The claims in both the present application and the patented reference recite wherein the woven fabric comprises natural fibers.
The claims in both the present application and the patented reference recite wherein the woven fabric comprises a blend of natural fibers and synthetic fibers.
The claims in both the present application and the patented reference recite wherein the intermediate layer textile comprises a non-woven fabric.
The claims in both the present application and the patented reference recite wherein the non-woven fabric comprises natural fibers.
The claims in both the present application and the patented reference recite wherein the non-woven fabric comprises synthetic fibers.
The claims in both the present application and the patented reference recite wherein the non-woven fabric comprises a blend of natural fibers and synthetic fibers.
The claims in both the present application and the patented reference recite wherein the inner layer comprises a material selected from the group consisting of fiberglass roll, fiberglass chop, carbon and aramids.
The claims in both the present application and the patented reference recite wherein the inner layer comprises a material selected from the group consisting of fiberglass roll, fiberglass chop, carbon and aramids and wherein the intermediate layer textile comprises a woven fabric.
The claims in both the present application and the patented reference recite wherein the inner layer comprises a material selected from the group consisting of fiberglass roll, fiberglass chop, carbon and aramids and wherein the intermediate layer textile comprises a woven fabric that comprises synthetic fibers.
The claims in both the present application and the patented reference recite wherein the inner layer comprises a material selected from the group consisting of fiberglass roll, fiberglass chop, carbon and aramids and wherein the intermediate layer textile comprises a woven fabric that comprises natural fibers.
The claims in both the present application and the patented reference recite wherein the inner layer comprises a material selected from the group consisting of fiberglass roll, fiberglass chop, carbon and aramids and wherein the intermediate layer textile comprises a woven fabric that comprises a blend of natural fibers and synthetic fibers.
The claims in both the present application and the patented reference recite wherein the inner layer comprises a material selected from the group consisting of fiberglass roll, fiberglass chop, carbon and aramids and wherein the intermediate layer textile comprises a non-woven fabric.
The claims in both the present application and the patented reference recite wherein the inner layer comprises a material selected from the group consisting of fiberglass roll, fiberglass chop, carbon and aramids and wherein the intermediate layer textile comprises a non-woven fabric that comprises synthetic fibers.
The claims in both the present application and the patented reference recite wherein the inner layer comprises a material selected from the group consisting of fiberglass roll, fiberglass chop, carbon and aramids and wherein the intermediate layer textile comprises a non-woven fabric that comprises natural fibers.
The claims in both the present application and the patented reference recite wherein the inner layer comprises a material selected from the group consisting of fiberglass roll, fiberglass chop, carbon and aramids and wherein the intermediate layer textile comprises a non-woven fabric that comprises a blend of natural fibers and synthetic fibers.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CAMIE S THOMPSON whose telephone number is (571)272-1530. The examiner can normally be reached 8:30 am - 5:30 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jennifer Boyd, can be reached at 571-272-7783. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/CAMIE S THOMPSON/Primary Examiner, Art Unit 1786