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
The restriction mailed 02/25/2026 had a typographical error for the claim listing of Invention II. Therefore, the restriction is restated below with correction.
Restriction to one of the following inventions is required under 35 U.S.C. 121:
I. Claims 1-5, drawn to a method for producing a laminated film, classified in B29C65/48.
II. Claims 6-8, drawn to products with a film, classified in B32B27/00.
The inventions are independent or distinct, each from the other because:
Inventions I and II are related as process of making and product made. The inventions are distinct if either or both of the following can be shown: (1) that the process as claimed can be used to make another and materially different product or (2) that the product as claimed can be made by another and materially different process (MPEP § 806.05(f)). In the instant case the process as claimed can be used to make other films and/or composites. Furthermore, the product as claimed can be made by other, different processes.
Restriction for examination purposes as indicated is proper because the inventions listed in this action are independent or distinct for the reasons given above and there would be a serious search and/or examination burden if restriction were not required because one or more of the following reasons apply:
(a) the inventions have acquired a separate status in the art in view of their different classification;
(b) the inventions have acquired a separate status in the art due to their recognized divergent subject matter;
(c) the inventions require a different field of search (for example, searching different classes/subclasses or electronic resources, or employing different search queries);
(d) the prior art applicable to one invention would not likely be applicable to another invention;
(e) the inventions are likely to raise different non-prior art issues under 35 U.S.C. 101 and/or 35 U.S.C. 112.
Applicant’s election without traverse of claims 1-5 in the reply filed on 04/15/2026 is acknowledged.
Claims 6-8 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim.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 04/15/2026.
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.
Claims 1-5 are 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 pre-AIA the applicant regards as the invention.
Claim 1, lines 6-7 recites "an adhesive-applied layer made of the solventless adhesive ". It is unclear whether this layer is the same or different than the adhesive coating of line 2. For the purpose of examination, claim 1, lines 6-7 read on "the adhesive coating on the first film made of the solventless adhesive". Dependent claims fall herewith.
Claim 1, lines 17-18 recite "on the opposite side of a fine clearance from a doctor roll with a fine clearance". The term “fine clearance” is a subjective and relative term, rendering the claim indefinite. Furthermore, it is unclear what is referenced by “a doctor roll with a fine clearance”, since clearance typically refers to space between two structures. Dependent claims fall herewith.
Claim 1, line 20 recites " a peripheral speed of the doctor roll is from 1.0 to 10.0 m/min". It is unclear what a peripheral speed means, rendering the claim indefinite. Furthermore, it is unclear how a peripheral speed of a doctor roll can be measured in linear speed units of m/min. Dependent claims fall herewith.
Claim Rejections - 35 USC § 102 / 103
Claim 1 is indefinite for the reasons given above with a high degree of uncertainty about the scope of the claim and therefore rejected under 35 U.S.C. 112(b). Therefore, per MPEP 2173.06, where there is a great deal of confusion and uncertainty as to the proper interpretation of the limitations of a claim, it would not be proper to reject such a claim on the basis of prior art. As stated per In re Steele, 305 F.2d 859, 134 USPQ 292 (CCPA 1962), a rejection under 35 U.S.C. 103 should not be based on considerable speculation about the meaning of terms employed in a claim or assumptions that must be made as to the scope of the claims.
In view of the above considerations, claims 1-5 have not been rejected under 35 U.S.C. 102 or 103, but instead stand rejected under U.S.C. 112(b).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JIM R SMITH whose telephone number is (303)297-4318. The examiner can normally be reached Mon-Fri. 9-6 MST.
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/JIMMY R SMITH JR./Examiner, Art Unit 1745
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