DETAILED ACTION
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
The following is a quotation of 35 U.S.C. 112(d):
(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph:
Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
Claim 14 is rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends. Claim 14 recites the adhesive foil being made of plastics. However, such feature has been defined in claim 1 upon which claim 14 depends. Therefore, claim 14 fails to further limit the subject matter of claim 1.. Applicant may cancel the claim, amend the claim to place the claim in proper dependent form, rewrite the claim in independent form, or present a sufficient showing that the dependent claim complies with the statutory requirements.
Allowable Subject Matter
Claims 1-13 and 15-17 are allowed.
The following is a statement of reasons for the indication of allowable subject matter: None of the prior art references of record, singly or combined, teach a primer layer or a lacquer film comprising pigments having particle diameter larger than the thickness of the layer or film. Customarily, the particles, fillers or pigments used in a layer have particle diameter/size smaller than the thickness of the layer in order to assure a smooth surface and to avoid exposure of the particles/pigments/fillers which would cause deterioration of the layer (e.g. WO-2007009502). .
It should be noted that the publication JPS 60 44355 (“JPS’355”), which is cited in the Examination Report issued by the EPO as teaching the claimed feature of the relationship between particle size of the pigment and the thickness of the layer containing the pigment, based on the translation that reads “pigment finely pulverized beforehand to a particle size of about 0.1 to 1.0. mm so as to have a film thickness of about 0.05 to 1.0 mm”, does not teach such feature. The “film thickness” mentioned therein is not the thickness of the layer containing the pigments but rather the thickness of the coating deposited over the pigment to form a coated pigment.1 Therefore, JPS’355 does not teach the claimed feature of a lacquer film containing pigments with an average diameter which is larger than the layer thickness of the lacquer film”.
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to HOA (Holly) LE whose telephone number is (571)272-1511. The examiner can normally be reached Monday to Friday, 10:00 am to 7:00 pm.
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HOA (Holly) LE
Primary Examiner
Art Unit 1788
/HOA (Holly) LE/Primary Examiner, Art Unit 1788
1 See google translation of the publication in the attachment..
