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 .
Claim Objections
Claims 1, 11, 14 and 15 are objected to because of the following informalities:
Claim 1, lines 1-3 – “A laminated pane, comprising at least an outer pane, a thermoplastic intermediate layer, and an inner pane, a functional layer element” is presumed to be intended as “A laminated pane, comprising at least an outer pane, a thermoplastic intermediate layer, an inner pane, and a functional layer element”.
Claims 11, 14 and 15, lines 1-2 – “a laminated pane according to claim 1” is presumed to be intended as “the laminated pane according to claim 1”.
Appropriate correction is required.
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 3 and 14 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.
Claim 3 recites the limitation “the region” in line 3. There is insufficient antecedent basis for this limitation in the claim.
Claim 14 recites the limitation “the interior surface of the outer pane” in lines 5-6. There is insufficient antecedent basis for this limitation in the claim. The limitation is presumed to be intended as “the inner side of the outer pane” for consistency.
Claim 14 recites the limitation “the outer surface of the outer pane” in line 6. There is insufficient antecedent basis for this limitation in the claim. The limitation is presumed to be intended as “the outer side of the outer pane” for consistency.
Claim 14 recites the limitation “the outer surface of the inner pane” in lines 6-7. There is insufficient antecedent basis for this limitation in the claim.
Claim 14 recites the limitation “the interior surface of the inner pane” in lines 12 and 14. There is insufficient antecedent basis for this limitation in the claim.
Claim Rejections - 35 USC § 103
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
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.
Claims 1-20 are rejected under 35 U.S.C. 103 as being unpatentable over Tso et al. (US 2024/0337835) in view of Kaminski et al. (US 2009/0295681), of record in IDS.
Regarding claim 1, Tso discloses a laminated pane (100, Figs. 1-2, 5-6), comprising at least an outer pane (10), a thermoplastic intermediate layer (30), and an inner pane (20), a functional layer element (40 and/or 50),
wherein the outer pane (10) has an outer side (11) facing away from the thermoplastic intermediate layer (30) and an inner side (12) facing the thermoplastic intermediate layer (30), and the inner pane (20) has an outer side (21) facing the thermoplastic intermediate layer (30) and an inner side (22) facing away from the thermoplastic intermediate layer (30) (Figs. 1, 5),
wherein the functional layer element is a reflective layer (40, 50; paras. [0040, 0042, 0044]), or an active imaging element, and is arranged on the inner side (22) of the inner pane (20) (Figs. 1, 5) and is suitable for emitting light (paras. [0040, 0059]),
and wherein a hydrophobic film (60) is arranged at least on the functional layer element (40, 50) (Fig. 5).
Tso fails to explicitly disclose wherein the functional layer element itself is opaque or is arranged spatially in front of an opaque background when viewed through the laminated pane starting from the inner side of the inner pane.
However, Kaminski discloses a laminated pane (100, Figs. 2-5), wherein the functional layer element (110, 130, 140, or 150) itself is opaque or is arranged spatially in front of an opaque background when viewed through the laminated pane starting from the inner side of the inner pane (106) (Figs. 2-4; paras. [0028, 0034, 0040]).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to incorporate wherein the functional layer element itself is opaque or is arranged spatially in front of an opaque background when viewed through the laminated pane starting from the inner side of the inner pane, as in Kaminski, into the laminated pane of Tso to provide a virtual image as a crisp reproduction of the actual image (Kaminski, para. [0027]).
Regarding claim 2, Tso discloses wherein the hydrophobic film (60) has a contact angle in relation to water of >100°, and/or the hydrophobic film is additionally oleophobic, and the contact angle between surface and oil is greater than 50° (para. [0054]).
Regarding claim 3, Tso discloses wherein the hydrophobic film (60) is applied to the functional layer element (40, 50) and additionally to the region, not covered by the functional layer element, on the inner side (22) of the inner pane (20) (Fig. 5).
Regarding claim 4, Tso fails to explicitly disclose wherein the opaque background is a masking strip, which is arranged in regions at least on one of the outer sides and/or the inner sides of the inner and/or outer pane.
However, Kaminski discloses wherein the opaque background is a masking strip (110, 130, 140, 150), which is arranged in regions at least on one of the outer sides and/or the inner sides of the inner and/or outer pane (106, 104) (Figs. 2-4).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to incorporate wherein the opaque background is a masking strip, which is arranged in regions at least on one of the outer sides and/or the inner sides of the inner and/or outer pane, as in Kaminski, into the laminated pane of Tso to provide a virtual image as a crisp reproduction of the actual image (Kaminski, para. [0027]).
Regarding claim 5, Tso fails to explicitly disclose wherein the opaque background, as a masking strip, is formed as an opaque thermoplastic film and is arranged on the inner side of the outer pane and/or on the outer side of the inner pane, or the masking strip is formed by a uniform, regionally colored or tinted laminated film.
However, Kaminski discloses wherein the opaque background, as a masking strip (150), is formed as an opaque thermoplastic film and is arranged on the inner side of the outer pane (104) and/or on the outer side of the inner pane (106), or the masking strip is formed by a uniform, regionally colored or tinted laminated film (Figs. 4; para. [0040]).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to incorporate wherein the opaque background, as a masking strip, is formed as an opaque thermoplastic film and is arranged on the inner side of the outer pane and/or on the outer side of the inner pane, or the masking strip is formed by a uniform, regionally colored or tinted laminated film, as in Kaminski, into the laminated pane of Tso to provide a virtual image as a crisp reproduction of the actual image (Kaminski, para. [0027]).
Regarding claim 6, Tso fails to explicitly disclose wherein the opaque background is arranged at least in an edge region of the outer pane and/or of the inner pane.
However, Kaminski discloses wherein the opaque background (110, 130, 140, 150) is arranged at least in an edge region of the outer pane (104) and/or of the inner pane (106) (Figs. 2-4).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to incorporate wherein the opaque background is arranged at least in an edge region of the outer pane and/or of the inner pane, as in Kaminski, into the laminated pane of Tso to provide a virtual image as a crisp reproduction of the actual image (Kaminski, para. [0027]).
Regarding claim 7, Tso fails to explicitly disclose a masking strip is arranged on the inner side of the outer pane and/or between the inner side of the inner pane and the functional layer element.
However, Kaminski discloses a masking strip (150) is arranged on the inner side of the outer pane (104) and/or between the inner side of the inner pane (106) and the functional layer element (Figs. 4).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to incorporate a masking strip is arranged on the inner side of the outer pane and/or between the inner side of the inner pane and the functional layer element, as in Kaminski, into the laminated pane of Tso to provide a virtual image as a crisp reproduction of the actual image (Kaminski, para. [0027]).
Regarding claim 8, Tso fails to explicitly disclose a masking strip is arranged on the inner side of the inner pane at least in an edge region, of the laminated pane, and an outer pane edge region remains free of further coatings.
However, Kaminski discloses a masking strip (110, 130) is arranged on the inner side of the inner pane (106) at least in an edge region, of the laminated pane (100), and an outer pane edge region remains free of further coatings (Figs. 2-4).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to incorporate a masking strip is arranged on the inner side of the inner pane at least in an edge region, of the laminated pane, and an outer pane edge region remains free of further coatings, as in Kaminski, into the laminated pane of Tso to provide a virtual image as a crisp reproduction of the actual image (Kaminski, para. [0027]).
Regarding claim 9, Tso discloses wherein the reflective layer (40, 50) contains at least one metal (paras. [0067, 0076-0077, 0085-0086, 0092-0093]).
Regarding claim 10, Tso fails to explicitly disclose wherein, in a view-through region of the laminated pane, a second functional layer element, is arranged between the inner side of the outer pane and the outer side of the inner pane.
However, Kaminski discloses wherein, in a view-through region of the laminated pane (100), a second functional layer element (150), is arranged between the inner side of the outer pane (104) and the outer side of the inner pane (106) (Figs. 4).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to incorporate wherein, in a view-through region of the laminated pane, a second functional layer element, is arranged between the inner side of the outer pane and the outer side of the inner pane, as in Kaminski, into the laminated pane of Tso to prevent the appearance of a ghost image (Kaminski, paras. [0038-0039]).
Regarding claim 11, Tso discloses a projection arrangement (Fig. 6) comprising:
a laminated pane (100) according to claim 1, wherein the functional layer element (40, 50) is a reflection layer (paras. [0040, 0042, 0044]);
an image display device (300), which is assigned to the reflective layer (40, 50), is directed onto the reflective layer, and irradiates said reflective layer with light, wherein the reflective layer reflects the light (Fig. 6; para. [0058]).
Regarding claim 12, Tso discloses in which the reflective layer (40, 50) reflects 30% or more of the light impinging on the reflective layer (para. [0042]).
Regarding claim 13, Tso discloses wherein the image display device is a display (paras. [0038, 0058]).
Regarding claim 14, Tso discloses a method for producing a laminated pane (100) according to claim 1, comprising:
(a) providing an outer pane (10), an inner pane (20), and a thermoplastic intermediate layer (30),
(c) assembling the inner pane (20), the thermoplastic intermediate layer (30), and the outer pane (10) in this sequence to form a layer stack (Figs. 1, 5),
(d) laminating the layer stack to form a laminated pane (100; para. [0037]),
(e) applying a reflective layer (40 and/or 50) and/or an active imaging element to at least a first sub-region of the interior surface (22) of the inner pane (20), wherein the first sub-region extends at least partially overlapping with a second sub-region, and wherein the applied reflective layer or the active imaging element is arranged on the interior surface of the inner pane (Figs. 1, 5),
(f) applying a hydrophobic film (60) as an exposed layer, at least on the reflective layer (40, 50) and/or the active imaging element (Fig. 5).
Tso fails to explicitly disclose (b) inserting or applying at least one opaque background, in at least a second sub-region of the interior surface of the outer pane, the outer surface of the outer pane, and/or on the outer surface of the inner pane, and/or as an intermediate layer which is tinted or colored at least in some regions.
However, Kaminski discloses (b) inserting or applying at least one opaque background (110, 130, 140, or 150), in at least a second sub-region of the interior surface of the outer pane (12), the outer surface of the outer pane (104), and/or on the outer surface of the inner pane (106), and/or as an intermediate layer which is tinted or colored at least in some regions (Figs. 2-4; paras. [0028, 0034, 0040]).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to incorporate (b) inserting or applying at least one opaque background, in at least a second sub-region of the interior surface of the outer pane, the outer surface of the outer pane, and/or on the outer surface of the inner pane, and/or as an intermediate layer which is tinted or colored at least in some regions, as in Kaminski, into the method of Tso to provide a virtual image as a crisp reproduction of the actual image (Kaminski, para. [0027]).
Regarding claim 15, Tso discloses a method comprising providing a laminated pane (100) according to claim 1, in a vehicle for transport on land, in the air, or on water (para. [0037]).
Regarding claim 16, Tso discloses wherein the laminated pane is a laminated pane (100) of a projection arrangement (Fig. 6).
Regarding claim 17, Tso discloses wherein the reflective layer (40, 50) is a reflectively coated or a coating-free reflective polymer film (paras. [0037, 0042]).
Regarding claim 18, Tso discloses wherein the light is p-polarized light (para. [0040]).
Regarding claim 19, Tso discloses wherein the hydrophobic film (60) has a contact angle in relation to water of >110° (para. [0054]).
Regarding claim 20, Tso fails to explicitly disclose wherein the masking strip is arranged as a ceramic black print.
However, Kaminski discloses wherein the masking strip (110, 130) is arranged as a ceramic black print (paras. [0003, 0028-0029, 0034, 0040]).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to incorporate wherein the masking strip is arranged as a ceramic black print, as in Kaminski, into the laminated pane of Tso to provide a virtual image as a crisp reproduction of the actual image (Kaminski, para. [0027]).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PAISLEY L WILSON whose telephone number is (571)270-5023. The examiner can normally be reached Monday-Friday, 9:00am-5:00pm ET.
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/PAISLEY L WILSON/Primary Examiner, Art Unit 2871
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