DETAILED ACTION
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 3/16/2026 has been entered.
Claim Rejections - 35 USC § 103
Claim(s) 1-2 and 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Toye (WO 2022/034464).
Note: citations refer page and line numbers (e.g., “2:5+” refers to page 2 starting at line 5).
Regarding claims 1-2:
Toye discloses a ground cover material comprising a low white-translucent or low-color pigment/dye layer 5 and a metallized layer 6 (abstract; 2:9+; 8:7+; Fig. 2B). The low white-translucent layer comprises a transparent polymer (resin) and one or more pigments (8:26+; 11:19+). The pigment comprises silica or organic pigments and is present in an amount of 0.001-40% by weight of the layer (9:15-10:17). The average particle size is 0.01-10 µm (10:19+). The layer further comprises UV absorbers in an amount of 0.01-12% by weight of the layer (10:33+). The metallized layer corresponds to the presently claimed heat-ray reflection layer because the layer of, e.g., aluminum, inherently reflects infrared and other wavelengths. (11:30+).
Before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art to select silica and/or organic pigment having particle sizes falling within the claimed range, and further vary the amount of silica and UV absorber, including amounts falling within the claimed ranges, to provide a material in accordance with Toye’s teaching having a desired degree of optical properties (e.g., whiteness, reflectivity, diffusivity, UV absorbance) for a given end use.
Regarding claim 8:
Toye teaches the film is useful for horticulture (abstract; 2:18+).
Claim(s) 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Toye (WO 2022/034464) in view of Okumura (JP 2017-153377).
Note: as cited by Applicant in the IDS filed 3/20/2024, US 2021/0195851 is an English equivalent of JP ‘377. Citations refer to US ‘851.
Regarding claim 4:
Toye discloses a ground cover material comprising UV absorbers as previously explained. Toye teaches other pigments/dyes include triazine, but the reference does not specifically teach it as a UV absorbing pigment (10:5+).
Such UV absorbers were known in the art to have utility. Okumura discloses a heat ray reflecting film structure for use in agricultural settings [abstract; 0001-0002]. The film comprises a UV absorbing layer [0108-0109]. Suitable absorbers include those based on triazine [0111].
Before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art to use a triazine-based UV absorber in Toye’s ground cover material to provide a UV absorbing function.
Claim(s) 6 and 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Toye (WO 2022/034464) in view of Toye (WO 2022/034464) in view of Matsuura et al. (JP H09-99510).
Note: citations refer to the machine translation of JP ‘510 mailed 7/18/2025.
Regarding claim 6:
Toye discloses a ground cover material as previously explained. The reference discloses numerous transparent polymers (11:19+).
Toye is silent with regard to an acrylic resin.
Such materials were known in the art to have utility as transparent polymers. For example, Matsuura a laminate comprising a heat ray reflecting film on the surface of a base material [abstract; 0001]. The heat ray reflective film comprises acrylic resin and particles having an average diameter of 1-20 µm in an amount of 0.5-30 parts by weight relative to 100 parts by weight of a resin [0006; 0013; 0021-0023].
Before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art to use known transparent polymers, including acrylic resin as taught by Matsuura, as the basis for the transparent layer of Toye for their known purpose, and thereby arrive at the claimed invention.
Regarding claim 9:
Toye is silent with regard to a fabric base.
Matsuura teaches the base material comprises a woven fabric [0034]. Matsuura further teaches the shape of the heat reflective films can be varied and can cover only a part of the base material [0033].
Matsuura is silent with regard to “a thin belt-shaped tape” of the films.
Before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art to use a woven fabric base as a known base material and further vary the shape of the heat reflective films, including providing a shape that is broadly “thin belt-shaped,” which covers only a part of the fabric base material, to provide the desired reflective properties desired for a given end use.
Allowable Subject Matter
Claim 7 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including 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:
Toye (WO 2022/034464) discloses a ground cover material as previously explained. Although the reference teaches the low white- or low colored-translucent layer has high light transmittance (14:17+), the reference does not disclose the overall ground cover material (i.e., laminated film) has such transmittance because the metallized layer is designed to reflect light back into the low white- or low colored-translucent layer to be diffused back (7: 25+; 11:34+; 16:19+; Figs. 3-4). Therefore, the reference teaches away from the requirements of claim 7.
Previously cited Nakagawa (JP 2020-179643; machine translation filed 3/20/2024) discloses a laminated film comprising a heat ray reflection layer and a diffusion layer, wherein the diffusion layer comprises a resin and particles [abstract; 0001; 0008-0009]. The particles include silica, organic particles, or organic-inorganic particles [0025]. The particles have a diameter of 6-20 µm and are used in an amount of 1.0-25% by mass [0028]. The reference teaches away from amounts of less than 1% by mass and so teaches away from the requirements of claim 1.
Response to Arguments
Applicant’s arguments with respect to the claims 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
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/JOHN D FREEMAN/Primary Examiner, Art Unit 1787
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