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 .
RESPONSE TO AMENDMENT
Claims 1 and 3-12 are pending in the application. Claim 2 has been cancelled. Claims 6-12 have been added.
Amendments to the claims 1 and 4, filed on 25 June 2026, have been entered in the above-identified application.
Answers to Applicants' Arguments
Applicants' arguments in the response filed 25 August 2026, regarding the 35 U.S.C. §112 and §103 rejections made of record, have been fully considered and are deemed persuasive. The rejections have been withdrawn in view of the applicants' arguments and amendments to the claims.
New and Repeated Rejections
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office Action.
Claim Objections
Claim 4 is objected to because of the following informalities:
With Regards to Claim 4: Instant claim 4 recites in lines 1 to 27:
A vehicle exterior component, comprising
a housing arranged in a vehicle;
an ornamental body located outward from the housing with respect to the vehicle; and
a light source arranged in the housing to emit light that strikes an inner surface of the ornamental body, the inner surface of the ornamental body facing inward with respect to the vehicle, wherein
the ornamental body includes a base formed from a transparent or translucent material, and a decorative layer laminated to an outer surface or an inner surface of the base, the outer surface of the base being located outward from the inner surface of the base with respect to the vehicle,
the decorative layer includes
a first colored layer that is light-transmissive and formed by a colored clear coat that is colored by adding at least one of pigment and dye to a clear coat, and
a second colored layer that is light-transmissive, laminated to an inner side of the first colored layer, and includes fillers dispersed in a coat, the inner side of the first colored layer facing inward with respect to the vehicle,
the fillers each include a filler body and a coating that coats the filler body,
the coating is formed by a pigmented coat of which a color difference ΔE from the colored clear coat of the first colored layer is 30 or less,
the light source emits white light,
the decorative layer further includes a fourth colored layer,
the fourth colored layer is located inward from the second colored layer with respect to the vehicle, and
the fourth colored layer is colored such that light emitted from the light source has a white color after being transmitted through the decorative layer.
which appears to have several typographical errors; for clarity and consistency, it is recommended to correct this to read as:
A vehicle exterior component, comprising:
a housing arranged in a vehicle;
an ornamental body located outward from the housing with respect to the vehicle; and
a light source arranged in the housing to emit light that strikes an inner surface of the ornamental body, the inner surface of the ornamental body facing inward with respect to the vehicle,
wherein the ornamental body includes a base formed from a transparent or translucent material, and a decorative layer laminated to an outer surface or an inner surface of the base, the outer surface of the base being located outward from the inner surface of the base with respect to the vehicle,
wherein the light source emits white light, and
wherein the decorative layer includes:
a first colored layer that is light-transmissive and formed by a colored clear coat that is colored by adding at least one of pigment and dye to a clear coat;
a second colored layer that is light-transmissive, laminated to an inner side of the first colored layer, and includes fillers dispersed in a coat, the inner side of the first colored layer facing inward with respect to the vehicle,
the fillers each include a filler body and a coating that coats the filler body,
the coating is formed by a pigmented coat of which a color difference ΔE from the colored clear coat of the first colored layer is 30 or less[[,]]; and
a[[the]] fourth colored layer [[is]] located inward from the second colored layer with respect to the vehicle, and
the fourth colored layer is colored such that light emitted from the light source has a white color after being transmitted through the decorative layer.
Appropriate correction is required.
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, 3, and 5-8 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.
With Regards to Claims 1, 3, and 5-8: Claim 1 recites the limitation --the decorative layer is illuminated with light from an outer side with respect to the vehicle, the decorative layer has a transmittance of 5% to 15% at each wavelength in a range of 380 nm to 780 nm-- in lines 20 to 22. The instant specification recites in paragraph [0085] that --The light in the wavelength band of 460 to 480 nm is perceived as blue. In this wavelength band [...]---, and in paragraph [0086] that --In the above wavelength band, [...], when the decorative layer 60 includes at least one of the colored layers 62 to 64 in addition to the first colored layer 61, the transmittance is 5% to 15% and relatively low--. However, the data plot of Transmittance (%) to Wavelength (nm) shown in Figure 8 of the filed specification (as annotated below), fails to show that any of the embodiments (e.g., L6, L7, and/or L8) maintain between 5% to 15% transmittance for each wavelengths in the range of 380 nm to 780 nm. As such, the examiner asserts that the instant specification as filed fails to comply with the written description requirement.
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Figure 8: The arrows indicating portions of Embodiment "L6" in which it has a Transmittance that is outside of the 5% to 15% range claimed.
Claims 3 and 5-8, which depend from claim 1, are rejected for the same reasons as recited above.
Claim Rejections - 35 USC § 103
Claims 4, 9, 10, and 12 are rejected under 35 U.S.C. 103 as being unpatentable over Okumura et al. (US 2019/0293485 A1) in view of Hirano et al. (US 2022/0308206 A1), Kaisser et al. (US 7,985,008 B2), and Juestel et al. (US 2011/0037415 A1); and as further evidenced by Non-Patent Literature No. 2 (referred to herein as "NPL-2"), Non-Patent Literature No. 3 (referred to herein as "NPL-3"), and Non-Patent Literature No. 4 (referred to herein as NPL-4).
Regarding Claim 4: Okumura discloses a near-infrared sensor cover (ref. #17) comprising a plate-shaped cover main body portion (ref. #19) fixed to a body of a vehicle (ref. #10), wherein main body portion comprises a base member (ref. #21) closest to the vehicle and a transparent member (ref. #22; which is considered equivalent to the claimed "base") of a transparent resin material disposed on the side of the base member away from the vehicle (figures 3, 5, [0033], [0035], and [0036] of Okumura). Okumura also discloses a luster layer (ref. #24; which is considered equivalent to the claimed "second colored layer"), a decorative layer (ref. #31; which is considered equivalent to the claimed "first colored layer"), and a shielding layer (ref. #32) are laminated in order from front to rear between the transparent member and the base member, wherein the luster layer is formed with dispersed fillers (ref. #25; which are considered equivalent to the claimed "fillers"), the dispersed fillers formed by covering/coating a core (ref. #26; which is considered equivalent to the claimed "filler body") with a shell/film (ref. #27; which is considered equivalent to the claimed "coating"), and wherein the decorative layer contains a pigment and/or dye as a colorant (figures 3 to 4B, [0038]-[0040], and [0045] of Okumura). Okumura also discloses that the positional relationship of the luster layer and the decorative layer can be reversed, wherein the decorative layer is formed on the rear surface of the transparent member, and the luster layer is formed on the rear surface of the decorative layer ([0076] of Okumura). Specifically, Okumura provides for --a vehicle exterior component, comprising: an ornamental body located outward with respect to the vehicle; and the inner surface of the ornamental body facing inward with respect to the vehicle, wherein the ornamental body includes a base formed from a transparent or translucent material, and a decorative layer laminated to an outer surface or an inner surface of the base, the outer surface of the base being located outward from the inner surface of the base with respect to the vehicle, the decorative layer includes a first colored layer that is light-transmissive and formed from a pigmented coat, and a second colored layer that is light-transmissive, laminated to an inner side of the first colored layer, and includes fillers dispersed in a coat, the inner side of the first colored layer facing inward with respect to the vehicle, the fillers each include a filler body and a coating that coats the filler body--.
Okumura fails to disclose --a housing arranged in a vehicle; an ornamental body located outward from the housing with respect to the vehicle; and a light source arranged in the housing to emit light that strikes an inner surface of the ornamental body, the inner surface of the ornamental body facing inward with respect to the vehicle, and the coating is formed by a pigmented coat of which a color difference ΔE from the pigmented coat of the first colored layer is 30 or less; and a fourth colored layer located inward from the second colored layer with respect to the vehicle, and the fourth colored layer is colored such that light emitted from the light source has a white color after being transmitted through the decorative layer--.
Hirano discloses a vehicle exterior part (ref. #20) comprising a forward monitoring millimeter wave radar device (ref. #12), the vehicle exterior part including an ornamental body (ref. #31; which is considered equivalent to the claimed "ornamental body"), a light diffuse reflection member (ref. #71; which is considered equivalent to the claimed "housing"), and a light source (ref. #81; which is considered equivalent to the claimed "light source"), wherein the ornamental body arranged to be furthest from the vehicle, the light diffuse reflection member is arranged to be between the vehicle and the ornamental body, and that the light source is disposed within the light diffuse reflection member (figure 2, [0023], [0027], and [0029] of Hirano). Hirano discloses that the ornamental body comprises a hard coat (ref. #65), a front base (ref. #51) inwards from the hard coat, an ornamental layer (ref. #61) inwards from the front base, a protection layer (ref. #63) inwards from the ornamental layer, and a rear base (ref. #32) inwards from the protection layer, wherein the rear base (ref. #32) is made of a resin material in which particles of a white light diffusing material (e.g., titanium oxide) are dispersed in a [transparent] resin so as to diffuse and transmit light that passes through as white, wherein the front base (ref. #51) has colored transparency or colorless transparency and is of a transparent resin, wherein the ornamental layer (ref. #61) is a non-continuous metal film (e.g., indium islands) that produces a metallic luster, and wherein protection layer (ref. #63) is a colored transparent material or a colorless transparent material (figures 2 to 3, [0030]-[0034], [0041], [0045]-[0050] of Hirano). Hirano further discloses that the protection layer contains a pigment or dye, such that the color of light entering and passing through the protection layer is shifted so that the color of light after passing though the ornamental layer becomes white (figure 5, [0101], and [0102] of Hirano).
It would have been obvious to one of ordinary skill in the art at the time of the invention to have combined the vehicle exterior part of Hirano with the vehicle exterior component disclosed by Okumura in order to have --a vehicle exterior component, comprising: a housing arranged in a vehicle; an ornamental body located outward from the housing with respect to the vehicle; and a light source arranged in the housing to emit light that strikes an inner surface of the ornamental body, the inner surface of the ornamental body facing inward with respect to the vehicle; and a fourth colored layer located inward from the second colored layer with respect to the vehicle, and the fourth colored layer is colored such that light emitted from the light source has a white color after being transmitted through the decorative layer--. One of ordinary skill in the art would have been motivated to have combined the vehicle exterior part of Hirano with the vehicle exterior component disclosed by Okumura, from the stand-point of having an ornamental body that includes millimeter wave-transmissive and transmits light, with the light source not blocking passage of the millimeter waves ([0008] and [0071] of Hirano). (In the instant case, the hard coat (ref. #23), the transparent member (ref. #22), the luster layer (ref. #24), the decorative layer (ref. #31), and the base member (ref. #21) of Okumura are equated to the hard coat (ref. #65), front base (ref. #51), ornamental layer (ref. #61), protection layer (ref. #63), and the rear base (ref. #32) of Hirano. Such that, by modifying the base member (ref. #21) of Okumura to be a transparent resin with titanium oxide (which is a well-known white pigment), and by selecting the dye or pigment of the first colored layer ("decorative layer" of Okumura; "protection layer" of Hirano) so as to result in a color shift of light passing through both the first colored layer and second colored layer ("luster layer" of Okumura; "ornamental layer" of Hirano) as to produce a brighter white light that that which results in light passing through the fourth colored layer; which meets the claimed limitation of --the fourth colored layer is colored such that light emitted from the light source has a white color after being transmitted through the decorative layer--. NOTE: In that the pigment or dye of the first colored layer is adjusted to result in a cumulative color shift with that of the second colored layer, the ordering of the second colored layer to be moved to be on an inner side of the first colored layer, would have the same results.)
Okumura in view of Hirano discloses that the color of the first colored layer can be green and that the second colored layer can be yellow ([0103] and [0107] of Hirano), but does not explicitly recite --the coating is formed by a pigmented coat of which a color difference ΔE from the pigmented coat of the first colored layer is 30 or less--. However, in that "green" and "yellow" recited by Hirano are considered by the examiner to have RGB coordinates (R,G,B) of [0,255,0] and [255,255,0] respectively, they have been determined to have respective CIELAB coordinates (L*,a*,b*) of [97.61,-15.75,93.4] and [87.82,-79.26,81.00] respectively, which have a calculated ΔE value of about 24 (NPL-2, NPL-3, and NPL-4); which anticipates the claimed range of --30 or less--. (NOTE: It would have been obvious to a person having ordinary skill in the art at the time the invention was made to have selected a color shade of green and yellow such that the ΔE value is less than 30, since such a change amounts to a mere aesthetic design (i.e., change in color). See MPEP §2144.04(I).)
Okumura in view of Hirano disclose that the first colored layer is formed by adding at least one of pigment and dye ([0045] of Okumura), but failed to disclose it comprising --a clear coat--.
Kaisser discloses a lamp element comprising a visible part comprising one layer of a plastic molding compound that comprises a transparent or translucent matrix and having a light source situated under the surface of the visible part, wherein pigments are disposed in a transparent plastic ([Col. 1: li. 13-27] and [Col. 5: li. 61 to Col. 6: li. 54] of Kaisser).
It would have been obvious to one of ordinary skill in the art at the time of the invention to have combined the lamp element of Kaisser with the vehicle exterior component disclosed by Okumura in view of Hirano in order to have --the first colored layer be formed by a colored clear coat that is colored by adding at least one of pigment and dye to a clear coat--. One of ordinary skill in the art would have been motivated to have combined the lamp element of Kaisser with the vehicle exterior component disclosed by Okumura in view of Hirano, from the stand-point of having visible parts with improved visual quality ([Col. 3: li. 58 to Col. 4: li. 2] of Kaisser). (In the instant case, the transparent or translucent plastic with the pigment and/or dye would form the first colored layer. Furthermore, the limitation --the first colored layer is formed by a colored clear coat that is colored by adding at least one of pigment and dye to a clear coat-- is considered to be a "product-by-process" limitation. MPEP §2113 recites that, "[E]ven though product-by-process claims are limited by and defined by the process, determination of patentability is based on the product itself. 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." In re Thorpe, 777 F.2d 695, 698, 227 USPQ 964, 966 (Fed. Cir. 1985) (citations omitted). As such, only the structure implied by the process steps (e.g., the first colored layer comprising a clear matrix/material and at least one of pigment and dye) will be considered.)
Okumura in view of Hirano and Kaisser further failed to disclose --the light source emits white light--.
Juestel discloses a GLS-ALIKE LED light source that emits white light ([0058] of Juestel).
It would have been obvious to one of ordinary skill in the art at the time of the invention to have incorporated the light source of Juestel as the light source of the vehicle exterior component disclosed by Okumura in view of Hirano and Kaisser in order to have --the light source emit white light--. One of ordinary skill in the art would have been motivated to have incorporated the light source of Juestel as the light source of the vehicle exterior component disclosed by Okumura in view of Hirano and Kaisser, from the stand-point of having an LED light source with luminous efficiency that is not significantly reduced due to dimming ([0058] of Juestel).
Regarding Claim 9: Okumura in view of Hirano, Kaisser, and Juestel discloses that the decorative layer further includes a third colored layer (ref. #32; "shielding layer") formed by a smoke clear coat, and the third colored layer is located inward from the second colored layer with respect to the vehicle (figure 3, [0038], and [0046] of Okumura). (The instant specification as filed in [0059] recites the "smoke clear coat" as having a dark pigment (black pigment). In that Okumura discloses the shielding layer is a black paint ([0046] of Okumura) it would be considered equivalent to the claimed "smoke clear coat".)
Regarding Claim 10: Okumura in view of Hirano, Kaisser, and Juestel discloses that the fourth colored layer is formed by adding a colorant to a clear coat ([0032]-[0035] of Hirano).
Regarding Claim 12: Okumura in view of Hirano, Kaisser, and Juestel discloses that the vehicle includes a sensor that detects an object outside the vehicle by transmitting and receiving electromagnetic waves, the housing is located outward from the sensor with respect to the vehicle, the housing and the ornamental body are transmissive to the electromagnetic waves, and the light source is arranged in a region between the housing and the ornamental body outside a passage region of the electromagnetic waves transmitted from the sensor (figure 2 and [0026] of Okumura; figure 2, [0023], [0027], and [0061]-[0063] of Hirano).
Allowable Subject Matter
Claim 11 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:
With regards to the closest prior art of record Okumura et al. (US 2019/0293485 A1): Okumura teaches --a vehicle exterior component--, wherein Okumura's vehicle exterior componet further comprises --a near-infrared sensor cover (ref. #17) comprising a plate-shaped cover main body portion (ref. #19) fixed to a body of a vehicle (ref. #10), wherein main body portion comprises a base member (ref. #21) closest to the vehicle and a transparent member (ref. #22) of a transparent resin material disposed on the side of the base member away from the vehicle; a luster layer (ref. #24), a decorative layer (ref. #31), and a shielding layer (ref. #32) are laminated in order from front to rear between the transparent member and the base member, wherein the luster layer is formed with dispersed fillers (ref. #25), the dispersed fillers formed by covering/coating a core (ref. #26) with a shell/film (ref. #27), and wherein the decorative layer contains a pigment and/or dye as a colorant; and wherein the positional relationship of the luster layer and the decorative layer can be reversed, wherein the decorative layer is formed on the rear surface of the transparent member, and the luster layer is formed on the rear surface of the decorative layer-- (figures 3 to 5, [0033], [0035], [0036], [0038]-[0040], [0045], and [0076] of Okumura). However, Okumura does not teach that --the smoke clear coat of the third colored layer includes a transparent plastic and a dark colorant-- {instant claim 11}. Therefore, the claims as written overcome the prior art of record. Furthermore, no combination of Okumura with any other prior art of record would have provided sufficient motivation for a person having ordinary skill in the art at the time of the invention to have modified Okumura in such a way as to meet the claimed invention. It is these teachings that makes the claim(s) allowable over the prior art of record.
Conclusion
Applicants' 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 Donald M. Flores, Jr. whose telephone number is (571) 270-1466. The examiner can normally be reached 7:30 to 17:00 M-F; Alternate Fridays off.
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/DONALD M FLORES JR/
Donald M. Flores, Jr.Examiner, Art Unit 1781
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