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 with traverse of claims 20 and 21 in the reply filed on Feb. 17, 2026 is acknowledged. The traversal is on the ground(s) that there would be no serious search and/or consideration burden if restriction was not required as claims 20 and 21 depend from claim 1; additionally, the Applicant argued the search would not result in an inapplicable prior art and no non-prior art issues have been raised in the restriction requirement. This is not found persuasive because as specified in the restriction requirement claims 1-19 being method claims would require searching different areas and use of different search strategies, which is the reason that there would be a serious search and/or consideration burden if the restriction would not be required.
The requirement is still deemed proper and is therefore made FINAL.
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Claim Rejections - 35 USC § 102
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.
Claim(s) 20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by DeGrote et al. (US 2020/0164795 A1) (“DeGrote”).
With respect to claim 20, DeGrote discloses a decorative element for a motor vehicle (abstr., 0006), the element comprising a decoration blank – corresponding to the decorative layer (0006), an application material layer – a backing - adhered to the decorative layer (0007, Fig. 23), an adhesive layer between a decorative layer and the backing (0098), a functional opening formed through the decorative layer (0007, 0099), the functional opening filled with a filler material – light transmissive resin material (0101). DeGrote discloses the filler material is formed as a set of projections (0101), thus, the filler material has been interpreted as being cured.
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.
Claim(s) 21 is/are rejected under 35 U.S.C. 103 as being unpatentable over DeGrote, in view of Heffelbower (US 2013/0341817 A1).
DeGrote teaches the element of claim 21. DeGrote discloses the functional opening comprises a first functional opening that is light transmissive (0101), which has been interpreted as being within the “at least partially translucent” limitation range of the claim. The first functional opening is in communication with a light source (0099). DeGrote is silent with respect to a second functional opening that is light-impermeable. Heffelbower discloses a decorative trim element for a vehicle (0003, 0005), comprising a decoration blank – element 15, an application material layer – element 13, that adheres to the decoration blank through an adhesive – foam layer 35 (0016, 0020, Fig. 5), wherein the element comprises a functional opening – element 16 – which is light-impermeable – element 16 is filled with foam, thus, it has been interpreted as being light-impermeable (0020). Regarding the second functional opening being in communication with a sound source, since the element can be used in communication with an airbag system (0005), it has been interpreted that the second functional opening of Heffelbower is in communication with “a sound source.” It has been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to form the functional opening of DeGrote comprising a second functional opening which is light-impermeable and in communication with a sound source since it is known in the art of decorative trim elements to include in them functional openings that are light-impermeable and in communication with a sound source, the element of DeGrote suitable for a trim panel or instrument panel (abstr.).
Information Disclosure Statement
The prior art made of record and not relied upon is considered pertinent to Applicant’s disclosure.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOANNA PLESZCZYNSKA whose telephone number is (571)270-1617. The examiner can normally be reached M-F ~ 11:30-8.
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/Joanna Pleszczynska/
Primary Examiner, Art Unit 1783
Prosecution Insights