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 1-20 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.
As amended, claim 1 requires the inclusion of an adhesion promotion layer defined by a first adhesion promotion sublayer and a second adhesion promotion sublayer between a first layer deposited on a substrate layer and a second layer. The original disclosure, though, fails to disclose an embodiment having the aforementioned arrangement. Figure 2A depicts a single adhesion promotion layer 206 between a first layer 204 and a second layer 208. Figure 3 also depicts the presence of a single adhesion promotion layer 206 between a first layer 204 and a second layer 208 in a first multi-layer hardcoat 212a. In such an instance, the assembly in Figure 3 includes an additional adhesion promotion layer 206 in a second multi-layer hardcoat 212b. While this assembly includes a plurality of adhesion promotion layers, the original disclosure fails to disclose the presence of a first adhesion promotion sublayer and a second adhesion promotion layer between a first layer and a second layer. The general language “one or more” adhesion promotion layers does not provide support for an assembly in which first and second adhesion promotion layers are directly adjacent and in contact with one another. It is emphasized that the claims require that an adhesion promotion layer defined by two sublayers is deposited on the first layer. Again, the inclusion of spaced apart adhesion promotion layers in Figure 3 is inconsistent with the inclusion of an adhesion promotion layer defined by first and second sublayers and being deposited on a first layer. As such, the amended claim language is seen to constitute new matter.
Additionally, the amended claims require the presence of an adhesion promotion layer defined by a first sublayer and a second layer and the original disclosure fails to include this language. There is absolutely no discussion about sublayers in the original disclosure and thus, the language is seen to constitute new matter.
Regarding claim 11, Figure 2C depicts a single adhesion promotion layer 206 between a substrate 202 and a first layer 204. Figure 2D also depicts the presence of a single adhesion promotion layer 206a between a substrate 202 and a first layer 204 and an additional adhesion promotion layer 206b between first layer 204 and second layer 208. While this assembly (Figure 2D) includes a plurality of adhesion promotion layers, the original disclosure fails to disclose the presence of a first adhesion promotion sublayer and a second adhesion promotion layer between a substrate and a first layer. It is emphasized that the claims require that an adhesion promotion layer defined by two sublayers is deposited on the substrate. Again, the inclusion of spaced apart adhesion promotion layers in Figure 2D is inconsistent with the inclusion of an adhesion promotion layer defined by first and second sublayers and being deposited on a substrate. As such, the amended claim language is seen to constitute new matter.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-20 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JUSTIN R FISCHER whose telephone number is (571)272-1215. The examiner can normally be reached M-F 5:30-2:00.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Katelyn Smith can be reached at 571-270-5545. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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Justin Fischer
/JUSTIN R FISCHER/Primary Examiner, Art Unit 1749 August 19, 2026
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