DETAILED ACTION
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.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-34 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 applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claims 1-3, 7, and 17 recite the limitations “three different types”, “three types differing”, and “three types” individually and/or combined. The addition of the word “type” extends the scope of the claims so as to render them indefinite since it is unclear what “type” is intended to convey. The addition of the word “type” to the otherwise definite expression renders the definite expression indefinite by extending its scope. Ex parte Copenhaver, 109 USPQ 118 (Bd. App. 1955). Claims 4-6, 8-16, and 18-34 are rejected as being ultimately dependent upon claims 1-3.
Claim 2 recites the limitation “the thermoplastic resin layers having a layer thickness of 1 nm or more and 25 nm or less”. It is not clear if this in reference to each individual layer thickness or the thickness of the sum of the 30 to 80% of the thermoplastic resin layers for the ordered array. Examiner assumes either scenario meets the instant limitations. Clarification is requested.
Allowable Subject Matter
Claims 1-34 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action. The claims are found to be allowable over the closest prior art of Schrenk et al. (US 5103337), Gunbas et al. (US 20200171803), and Hanson et al. (US 20030035972).
Schrenk discloses a multilayer IR reflective film comprising layers A, B, and, C in an alternating fashion wherein each layer is formed from a thermoplastic resin wherein each layer is a different resin. However, Schrenk is silent to the thickness ratios as claimed and the reflectance with the resin layers accounting for the amount as claimed. Gunbas discloses a multilayer polymeric optical film comprising layers A, B, and, C in an alternating fashion wherein each layer is formed from a thermoplastic resin wherein each layer is a different resin. However, Gunbas is silent to the claimed thickness ratios and reflectance in the claimed range. Hanson discloses a color shifting film formed from thermoplastic resin layers A, B, and C formed from different thermoplastic resins but is silent to the claimed structure.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PRASHANT J KHATRI whose telephone number is (571)270-3470. The examiner can normally be reached M-F 10AM-6:30PM.
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PRASHANT J. KHATRI
Primary Examiner
Art Unit 1783
/PRASHANT J KHATRI/Primary Examiner, Art Unit 1783
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