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 without traverse of Group IV (claim 7) in the reply filed on August 31, 2026 is acknowledged.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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) 7 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by Shinbara (US 2018/0257328 A1)
*Continuing Education Center, “The science of visible light and its impact on paint”
With regard to claim 7, Shinbara teaches a decorative sheet (1) comprising, in order, a surface protecting layer (9) (“surface protective layer”), a transparent resin layer (6), a pictorial pattern (4) comprising ink (i.e., paint), and a base material sheet (3) that includes a thermoplastic resin, which may be colored (i.e., “a colored resin layer”) (paragraph [0084] – [0085] & Fig. 1 shown below). An embossed part (10) is formed at a position on the surface protecting layer that overlaps a portion formed of the predetermined material of the pattern layers.
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Although not shown in a figure, Shinbara et al. teach synchronized picture pattern layers (4) may be present on both the front and back surfaces of the base material sheet (3), wherein the pictorial pattern layer on the back surface is position between the backer layer (2) and the base material sheet (3) (paragraphs [0072] & [0107]).
Shinbara does not explicitly teach the pictorial pattern layer on the backside of the base layer has higher light absorptivity than colored resin of the base layer.
However, as evidenced by Continuing Education Center, when a beam of light is projected onto a painted object, the object will absorb some wavelengths while reflecting others. For instance, a red object absorbs all but the red wavelengths. Furthermore, an object may appear yellow if the object absorbs blue light but reflects green and red light because when these wavelengths mix, they create yellow.
Therefore, the wavelengths of visible light are absorbed by the ink of the picture pattern layer except the wavelength of light that can be seen with the human eye (i.e., unseen wavelengths of visible light). As such, said unseen wavelengths of visible light inherently have higher absorption in the ink (paint) of the picture pattern layer than the colored transparent resin of the base layer.
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) 7 is rejected under 35 U.S.C. 103 as being unpatentable over *Tomohiro (JP 2004 – 322568 A).
*English translation submitted by Applicant on 9/19/2024.
With regard to claim 7, Tomohiro teaches a decorative layer (i.e., “sheet”) comprising a pattern layer (2/2a) comprising pigment, dyes, and inks having different infrared absorbing patterns to form a color pattern or grain pattern (i.e., “pictorial pattern layer”) (paragraphs [0020], [0023], & [0025]), a transparent thermoplastic resin layer (3) (i.e., “transparent resin layer”), and a top coat layer (4) (i.e., “surface protective layer”) deposited in this order on a decorative material substrate (1) (i.e., “colored resin layer”) (paragraph [0030]). The pattern layer includes an infrared absorbing layer (2a) comprising an infrared absorbing agent (paragraphs [0023] – [0024]), which has higher infrared absorbing properties than the colored polyolefin resin substrate layer free of any infrared absorbing agent (paragraphs [0019], [0030], & [0040]).
The decorative layer has a surface uneven shape (5) (i.e., “embossed shape”) such that the uneven shape is formed only in the are directly above (overlaps/synchronized with) a pattern (i.e., predetermined material) of the picture layer (paragraphs [0021], [0029], [0033], & Fig. 1).
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Tomohiro does not explicitly teach a pattern layer, in which a predetermined material having higher light absorption properties with respect to light of a predetermined wavelength than the colored resin layer (base layer) is arranged to synchronize with a pictorial pattern on the pictorial pattern layer is deposited on the other surface of the colored resin layer (base layer).
Tomohiro teaches the decorative layer is used as surface decoration on various building material surfaces (paragraph [0001]). Therefore, in the instance of a transparent building material, such as a window, it would have been obvious to one of ordinary skill in the art at the time of the effective filing date to desire a decorative effect on both front and back surfaces of the substrate (1) such that the decoration can be viewed from both sides of the window. This would result in a decorative material comprising a decorative pattern comprising a second pattern layer (2’), a second thermoplastic layer (3’) and second top coat layer (4’) on both the front and back surfaces of the substrate (1), wherein the second pattern layer of predetermined material having a higher infrared light absorption properties with respect to light of a predetermined wavelength (infrared) than the decorative (colored) substrate layer arranged to synchronize with a pictorial pattern on the pictorial pattern layer.
The courts have held that mere duplication of parts has no patentable significance unless a new and unexpected result is produced. In re Harza, 274 F.2d 669, 124 USPQ 378 (CCPA 1960). See MPEP 2144.04.VI.B.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NICOLE T GUGLIOTTA whose telephone number is (571)270-1552. The examiner can normally be reached M - F (9 a.m. to 10 p.m.).
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/NICOLE T GUGLIOTTA/Examiner, Art Unit 1781
/ALICIA J WEYDEMEYER/Primary Examiner, Art Unit 1781
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