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 Objections
Claim 13 is objected to because of the following informalities: “the first and second glass sheet” in step c) should be “sheets”.
Appropriate correction is required.
Claim Rejections - 35 USC § 102
Claims 14, 15 and 26 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Klein et al. (WO 2019/025178 A1) [hereinafter translated and referenced via US 2021/0101370 A1].
Regarding Claim 14, Klein teaches a windshield laminate (Paragraph 0001) comprising a first glass sheet (Item 1; Paragraph 0068) and a second glass sheet (Item 2; Paragraph 0068) that are parallel and mutually spaced apart (Fig. 1B) and a thermoplastic laminated sheet structure substantially entirely placed between the first and glass sheet and stretches essentially entirely to the perimeter of the first and second glass sheet. (Fig. 1B, 1C). Klein teaches the thermoplastic sheet structure comprises a functional layer having an upper surface and lower surface (Item 5) and two bonding layers substantially covering the upper and lower surfaces of the functional layer (Item 3a, 3b).
Klein teaches a sealing, surrounding the perimeter of the at least one functional layer, configured for sealing the at least one functional layer from a surrounding, and where the sealing, along at least a portion of the perimeter of the eat least one functional layer is at least partially formed by the at least two bonding layers (Item 3a, 3b).
Regarding Claim 15, Klein teaches the windshield laminate can be curved structure. (Paragraph 0061).
Regarding Claim 26, Klein teaches at least one of the bonding layers comprises PVB. (Paragraph 0109).
Claim Rejections - 35 USC § 103
Claims 13 is rejected under 35 U.S.C. 103 as being unpatentable over Klein
Regarding Claim 13, the claim recites multiple product-by-process limitations. The patentability of a product does not depend on its method of production. If the product in the product-by-process claim is the same as or obvious from a product of the prior art, the claim is unpatentable even though the prior product was made by a different process. (See MPEP §2113). Here, the process-by-production limitations recite a product of an automotive window laminate that requires a first glass and a second glass sheet, a thermoplastic laminated sheet structure between the first and second glass sheet, wherein the thermoplastic sheet structure comprises at least one functional layer situated between at least two bonding layers, where the bonding layers are adhered to the first and second glass sheet and seal the functional layer.
Klein teaches an automotive window laminate that requires a first glass and a second glass sheet, a thermoplastic laminated sheet structure between the first and second glass sheet, wherein the thermoplastic sheet structure comprises at least one functional layer situated between at least two bonding layers, where the bonding layers are adhered to the first and second glass sheet and seal the functional layer. (Fig. 1B).
Claims 17, 20, 22, and 28 are rejected under 35 U.S.C. 103 as being unpatentable over Klein.
Regarding Claim 17, Klein teaches the functional layer comprises at least two thermoplastic layers, carrier films (Items 14 and 15; Paragraph 0042), and at least one film layer, electrode layer, (Item 12 or 13) between the two thermoplastic layers (Fig. 1C; Paragraph 0108) Klein teaches the at least one film layer, electrode layer, 10 nm to 2 microns. (Paragraph 0039) and the thermoplastic film layer can have a thickness of 0.1 to 1 mm in thickness. (Paragraph 0042). This overlaps the claimed ranges. In the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists. (MPEP §2144.05).
Regarding Claim 20, the limitations regarding the layers being pre-bonded is a product-by-process limitation. The patentability of a product does not depend on its method of production. If the product in the product-by-process claim is the same as or obvious from a product of the prior art, the claim is unpatentable even though the prior product was made by a different process. (See MPEP §2113). Here, the use of pre-bonding does not change the resulting product structure, bonded layers on the functional layer.
Klein teaches two bonding layers form an integral encapsulation that essentially encapsulates the entire functional layer with a gas-tight seal, (Paragraph 0067; Fig. 1B).
Regarding Claim 22, Klein teaches a barrier material is placed on edge of the functional layer. (Fig. 1C, Item 4). Klein teaches thickness of this barrier material is at least 0.1 mm in thickness. (Paragraph 0022). Therefore, the bonding layer that goes around the side of the functional layer and over the barrier material at that portion stretches at least 0.1 mm beyond the perimeter of the functional layer. This overlaps the claimed range. In the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists. (MPEP §2144.05).
Regarding Claim 28, Klein teaches the at least one functional layer comprises at least two thermoplastic layers, carrier films, and one film layer. (Paragraph 0041-0042). Klein teaches the thermoplastic layers can independently have a thickness of 0.1 to 1 mm. (Paragraph 0042), which allows one of the thermoplastic layers to be thicker than the other thermoplastic layer. Klein teaches at least one of the bonding layer comprises PVB. (Paragraph 0109).
Claims 25 and 27 are rejected under 35 U.S.C. 103 as being unpatentable over Klein in view of Fahy et al. (WO 2020/112371 A1).
Regarding Claim 25 and 27, Klein does not teach at least two initial bonding layers covering the upper surface and lower surface comprise TPU affixed to the functional layer and a further pair of bonding layers bonded to the outer surface of the initial pair of bonding layers.
Fahy teaches a glass laminate (Abstract) comprising two glass sheets (Fig. 3a, Item 402, 404), a functional layer (Fig. 3a, Item 410), an initial pair of TPU bonding layers directly affixed to functional layer (Paragraph 0027; Fig 3a, Item 412), and a further pair of PVB bonding layers (Fig. 3a, Items 406, 408) affixed to the outer surface of initially pair of bonding layers. Fahy teaches this bonding layer structure ensures the functional layer is protected from plasticizer migration and extending the life of the functional layer. (Paragraph 0026-0027). Thus, it would have been obvious to one with ordinary skill in the art to apply the claimed bonding structure taught by Fahy to Klein to improve the longevity of the functional layer of Klein.
Response to Arguments
Applicant’s arguments have been fully considered.
The prior §112 rejections have been withdrawn, due to Applicant’s arguments.
Applicant argues Klein does not teach the bonding layers do not seal around the functional layer, due to the presence of the barrier film around the edge of the functional layer. This argument is found unpersuasive, as the intermediate bonding layer of Klein surrounds the perimeter and seals the functional layer. (Fig. 1B). The presence of an additional barrier layer around the seal does not prevent the intermediate bonding layers of Klein from also sealing and surrounding the functional layer or having a portion of the perimeter of the functional layer being sealed by the intermediate bonding layer. In addition, the barrier layer can also be considered part of the functional layer, which allows the bonding layer to seal the perimeter of the functional layer.
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.
Correspondence
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MICHAEL ZHANG whose telephone number is (571)270-0358. The examiner can normally be reached Monday through Friday: 9:30am-3:30pm, 8:30PM-10:30PM.
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/Michael Zhang/Primary Examiner, Art Unit 1781
