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 without traverse of Group I, claims 1-9 in the reply filed on 12/22/2025 is acknowledged.
Claims 10-15 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 12/22/2025.
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 04/17/2024 and 08/26/2025 is considered by the examiner.
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.
Claim 8 is 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.
Regarding claim 8, the limitation reciting “further comprising a garnish layer, wherein the garnish layer is structured and arranged to at least partially extend out from the backing” is indefinite. Independent claim 1 requires that the backing layer comprise a conductive material patterned onto the backing. As claim 1 requires that the backing layer comprise a conductive material thereon and claim 8 requires that a garnish layer extend out from the backing, it is unclear what the structural relationship between the garnish layer and the pattern conductive material is, whether they are on the same side of the backing layer and whether they are in contact or if the garnish layer is attached to the backing in the areas where the conductive material is not present.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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, 3, 4, 5, 6 and 9 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Yan et al. (CN 112290225, cited on ISR and IDS; Machine Translation via EPO provided).
Regarding claims 1, 4 and 5, Yan et al. teaches a frequency selective surface (camouflage material), comprised of a first dielectric substrate layer (101; backing) comprised of epoxy resin based glass fiber cloth, and a first pattern of discrete metal patches (201; conductive material) comprised of copper arranged periodically in an array on the first dielectric layer (101; backing) (Figure 1; [0011-0018, 0037-0049]).
PNG
media_image1.png
252
460
media_image1.png
Greyscale
Each individual metal patch is square shaped and spaced apart (electrically isolated) from other metal patches within the periodic array, as shown by the gapes in the discrete metal patches (201; conductive material) in Figure 1 above (Figure 1, 4; [0011-0018, 0037-0049]). Yan et al. further teaches that the width (a3) of the metal patch is 6.7mm ([0048]), which falls squarely within the range of 5-30mm recited by instant claim 1.
Yan et al. further teaches that the frequency selective surface (camouflage material) has effective transmission of electromagnetic waves below 2.0 GHz by having a loss of less than 1dB, and efficiently reflects electromagnetic waves in the high frequency band of 8.0-20.0 GHz, which achieve effective transmission of low frequency electromagnetic waves and efficient reflection of high frequency electromagnetic waves ([0051]).
Regarding claim 3, Yan et al. teaches all the limitations of claim 1 above, and further teaches, as shown by Figure 1, that more than 80% of the surface of the a first dielectric substrate layer (101; backing) is covered by the first pattern of discrete metal patches (201; conductive material) (Figure 1, [0011-0018, 0037-0049]).
Regarding claim 6, Yan et al. teaches all the limitations of claim 1 above, and further teaches, as shown by Figure 1, an second dielectric layer (insulating material and/or free space) between the first pattern of discrete metal patches (201; conductive material) and a second pattern of discrete metal patches (202; conductive material), wherein the difference in size of the metal patches result in overlapping regions of the first pattern of discrete metal patches (201; conductive material) and the second pattern of discrete metal patches (202; conductive material) (Figure 1, [0011-0018, 0037-0049]).
Regarding claim 9, Yan et al. teaches all the limitations of claim 1 above, and as previously stated, Yan et al. teaches that the frequency selective surface (camouflage material) has effective transmission of electromagnetic waves below 2.0 GHz by having a loss of less than 1dB, and efficiently reflects electromagnetic waves in the high frequency band of 8.0-20.0 GHz, which achieve effective transmission of low frequency electromagnetic waves and efficient reflection of high frequency electromagnetic waves ([0051]).
While the reference does not expressly teach that the frequency selective surface (camouflage material) has a transmittance of at least 80% for electromagnetic frequencies below 400MHz and/or at most 30% for electromagnetic frequencies in the range of 6-40GHz, Yan et al. teaches similar materials for the first dielectric substrate layer (101; backing) and first pattern of discrete metal patches (201; conductive material) as disclosed for the backing layer and conductive material in the instant application (see pg-pub [0008, 0038-0040, 0044]), and therefore would have the properties recited by claim 9.
Claims 1, 4, 5, 7, 8 and 9 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Pusch (US 4,743,478; cited on IDS).
Regarding claims 1, 4, 5 and 7, Pusch teaches a broad band camouflage having a frequency dependent radar attenuation, comprised of a base layer (backing) of a textile material, a reflective metallic layer (conductive material) and a camouflage paint layer (pigmented surface layer) (col. 2 Ln. 29-57, col. 5 Ln. 1-17). Pusch teaches that the reflective metallic layer (conductive material) is preferably comprised of aluminum, and is formed in a pattern of shapes, preferably squares having a width (diameter) of 8mm and a spacing of 2mm, such that the individual squares are electrically isolated from each other (Figure 5, col. 2 Ln. 29-57, col. 5 Ln. 1-17). The width of 8mm taught by Pusch falls squarely within the range of 5mm to 300mm recited by instant claim 1.
Pusch further teaches that the radar reflection is 7dB at 10GHz, 20 dB at 30 GHz and greater than 40 dB at 100 GHz (col. 2 Ln. 45-57), and Pusch teaches similar materials for the base layer (backing) and the patterned reflective metallic layer (conductive material) and diameter of the portions of the patterned reflective metallic layer as the instant application (see pg-pub [0008, 0038-0040, 0044]), and therefore would have the properties recited by claim 1.
Regarding claim 8, Pusch teaches all the limitations of claim 1 above, and as shown by Figure 1, teaches trim patches (garnish layer) that are structured and extend out from base layer (backing) and have slips to adapt the temperature of the camouflage material to that of the environment due to the natural convection of air and wind.
Regarding claim 9, Pusch teaches all the limitations of claim 1 above, and as previously stated, teaches that the radar reflection is 7dB at 10GHz, 20 dB at 30 GHz and greater than 40 dB at 100 GHz (col. 2 Ln. 45-57). Pusch teaches similar materials for the base layer (backing) and the patterned reflective metallic layer (conductive material) and diameter of the portions of the patterned reflective metallic layer as the instant application (see pg-pub [0008, 0038-0040, 0044]), and therefore would have the properties recited by claim 9.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Yan et al. (CN 112290225, cited on ISR and IDS; Machine Translation via EPO provided).
Regarding claim 7, Yan et al. teaches all the limitations of claim 1 above. While the reference does not expressly teach a pigmented layer, it would have been obvious to one of ordinary skill in the art of camouflage and stealth before the effective filing date of the claimed invention, to modify the surface of the frequency selective surface (camouflage material) to comprise a pigmented surface layer to provide a camouflage and/or stealth visual effect to further enhance the camouflaging of the surface in the environment in which it will be used, as an obvious matter of design choice.
Claims 2 and 3 are rejected under 35 U.S.C. 103 as being unpatentable over Pusch (US 4,743,478; cited on IDS).
Regarding claim 2, Pusch teaches all the limitations of claim 1 above. While the reference does not expressly teach that the diameter of the squares of the reflective metallic layer (conductive material) are in the range of 20-300mm, the reference does teach that the squares should have a length and/or width (diameter) which is in the magnitude of the shortest wavelength to be reflected (col. 1 Ln. 45-col. 2 Ln. 5). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the width (diameter) of the square to fall within the claimed range of 20-300mm based upon the magnitude of the shortest wavelength to be reflected.
Regarding claim 3, Pusch teaches all the limitations of claim 1 above. While the reference does not expressly teach that the patterned reflective metallic layer (conductive material) covers at least 80% of the surface of one side of the base material (backing), such a modification would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention based upon the desired degree of frequency dependent radar attenuation for the resultant camouflage.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Child (US 8,013,776) teaches a radar camouflage fabric comprising a base fabric layer and a conductive garnish fabric layer with a conductive polymer coating thereon (Figure 1, col. 2 Ln. 35-col. 3 Ln. 56, col. 4 Ln. 47-65).
Morag et al. (US 2014/0304883) teaches a multispectral camouflage material comprised of a fabric layer and a reflective layer, wherein perforations are formed throughout the a multispectral camouflage material (Figure 2, [0006-0012, 0023-0034, 0038-0039]).
Flavin (US 2009/0317596) teaches a multispectral camouflage blanket comprising a flexible sheet and random folds of a camouflage net to provide protection in the visible region as well as radar ([0002-0011, 0022-0037]).
Dowell et al. (US 4,671,988) teaches a camouflage knitted article comprising a metallic coating for IR scrambling (col. 1 Ln. 28-col. 2 Ln. 5, col. 2 Ln. 25-45, col. 3 Ln. 1-col. 4 Ln. 67, col. 5 Ln. 15-col. 6 Ln. 5).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LAURA POWERS whose telephone number is (571)270-5624. The examiner can normally be reached Monday-Thursday, 10:00AM-3:00PM.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Mark Ruthkosky can be reached at 571-272-1291. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
LAURA POWERS
Examiner
Art Unit 1785
/LAURA C POWERS/Primary Examiner, Art Unit 1785