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 .
Preliminary Amendment
The amendments to Claim 1 in the submission filed 10/18/2024 are acknowledged and accepted.
Cancellation of Claim 3 is acknowledged and accepted.
Pending Claims are 1-2,4-21.
Drawings
The drawings with 12 Sheets of Figs. 1-9C received on 10/18/2024 are acknowledged and accepted.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the claims at issue are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); and In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on a nonstatutory double patenting ground provided the reference application or patent either is shown to be commonly owned with this application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The USPTO internet Web site contains terminal disclaimer forms which may be used. Please visit http://www.uspto.gov/forms/. The filing date of the application will determine what form should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to http://www.uspto.gov/patents/process/file/efs/guidance/eTD-info-I.jsp.
Claims 1,2,4,5,7-13,20, provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1,2,8,11-19,21, of copending Application #18/857,847 in view of Chen-Ho et al (US 2017/0293056 A1). This is a provisional nonstatutory double patenting rejection.
Although the claims at issue are not identical, they are not patentably distinct from each other because copending application and the current application are claiming common subject matter, as follows:
Current #18/857843
Copending #18/857847
Claim 1: A retroreflective article comprising: a mesh layer comprising a plurality of interconnected portions defining a plurality of enclosed openings therebetween, a first mesh major surface, and a second mesh major surface opposite to the first mesh major surface, the plurality of interconnected portions together forming the first mesh major surface and the second mesh major surface; a bond layer comprising a plurality of bond portions at least partially spaced apart from each other by the mesh layer, wherein each of the plurality of bond portions is disposed within a corresponding enclosed opening from the plurality of enclosed openings and removably bonded to one or more adjacent interconnected portions from the plurality of interconnected portions of the mesh layer, and wherein the second mesh major surface is proximal to the bond layer; a plurality of sets of optical elements corresponding to the plurality of bond portions of the bond layer, wherein each of the sets of optical elements comprises a plurality of optical elements partially embedded within a corresponding bond portion from the plurality of bond portions of the bond layer, wherein the first mesh major surface is proximal to the sets of optical elements, and wherein the sets of optical elements are spaced apart from each other by the one or more interconnected portions of the mesh layer;
a carrier layer comprising a liner and a carrier bonding layer bonding the liner to the mesh layer.
Claim 1: A retroreflective article comprising: a mesh layer comprising a plurality of interconnected portions defining a plurality of enclosed openings therebetween, a first mesh major surface, and a second mesh major surface opposite to the first mesh major surface, the plurality of interconnected portions together forming the first mesh major surface and the second mesh major surface; a bond layer comprising a plurality of bond portions at least partially spaced apart from each other by the mesh layer, wherein each of the plurality of bond portions is at least partially disposed within a corresponding enclosed opening from the plurality of enclosed openings and fixedly bonded to one or more adjacent interconnected portions from the plurality of interconnected portions of the mesh layer, and wherein the second mesh major surface is proximal to the bond layer; and a plurality of sets of optical elements corresponding to the plurality of bond portions of the bond layer, wherein each of the sets of optical elements comprises a plurality of optical elements partially embedded within a corresponding bond portion from the plurality of bond portions of the bond layer, wherein the first mesh major surface is proximal to the sets of optical elements, and wherein the sets of optical elements are spaced apart from each other by the one or more interconnected portions of the mesh layer.
However, copending # does not teach removably bonded bonding portions and a carrier layer comprising a liner and a carrier bonding layer bonding the liner to the mesh layer.
Chen-Ho teaches
removably bonded bonding portions (“A particularly suitable way involves partially removing optical elements and bead bond layer from portions of one or more segments”, para 104, this indicates removable bond layer) and a carrier layer(“polymeric carrier having a backing layer 80 and a thermoplastic layer 90”, para 58) comprising a liner (backing layer 80) and a carrier bonding layer (thermoplastic layer 90, para 58) bonding the liner (backing layer 80) to the mesh layer (barrier layer material 110). Therefore, it would have been obvious for a person of ordinary skill in the art to modify the current # with the carrier layer and removable bonded portions for the purpose of an easily detachable article.
Claim 2: wherein each of the plurality of bond portions is spaced apart from the first mesh major surface along a thickness of the mesh layer.
Claim 2: wherein each of the plurality of bond portions is spaced apart from the first mesh major surface along a thickness of the mesh layer.
Claim 8: wherein each of the plurality of optical elements comprises a transparent microsphere.
Claim 8: wherein each of the plurality of optical elements comprises a transparent microsphere.
Claim 5: further comprising a reflective layer disposed adjacent to a surface of at least some of the plurality of optical elements facing the bond layer, wherein the reflective layer is at least partially disposed between the plurality of optical elements and the bond layer.
Claim 11: further comprising a reflective layer disposed adjacent to a surface of at least some of the plurality of optical elements facing the bond layer, wherein the reflective layer is at least partially disposed between the plurality of optical elements and the bond layer.
Claim 10: further comprising an interlayer at least partially disposed between the plurality of optical elements and the reflective layer.
Claim 12: further comprising an interlayer at least partially disposed between the plurality of optical elements and the reflective layer.
Claim 9: wherein the reflective layer comprises a metal mirror or a dielectric mirror.
Claim 13: wherein the reflective layer comprises a metal mirror or a dielectric mirror.
Claim 4: further comprising an adhesive layer comprising a plurality of adhesive portions at least partially spaced apart from each other by the mesh layer, wherein each of the plurality of adhesive portions is at least partially disposed on a corresponding bond portion from the plurality of bond portions opposite to the plurality of optical elements.
Claim 14: further comprising an adhesive layer disposed on at least one of the second mesh major surface of the mesh layer and the bond layer opposite to the plurality of optical elements.
Claim 7: wherein the adhesive layer comprises an adhesive, and wherein the adhesive is a pressure sensitive adhesive or a hot-melt adhesive.
Claim 15: wherein the adhesive layer comprises an adhesive, and wherein the adhesive is a pressure sensitive adhesive or a hot-melt adhesive.
Claim 11: A method of manufacturing a retroreflective article, the method comprising: providing a carrier layer; disposing a mesh layer on the carrier layer, the mesh layer comprising a plurality of interconnected portions defining a plurality of enclosed openings therebetween, a first mesh major surface, and a second mesh major surface opposite to the first mesh major surface, wherein the first mesh major surface is disposed on the carrier layer; disposing a plurality of optical elements within the plurality of enclosed openings of the mesh layer; and providing a bond layer adjacent to the plurality of optical elements within the plurality of enclosed openings of the mesh layer opposite to the carrier layer, such that the plurality of optical elements is partially embedded within the bond layer, wherein the bond layer comprising a plurality of bond portions at least partially spaced apart from each other by the mesh layer, wherein each of the plurality of bond portions is at least partially disposed within a corresponding enclosed opening from the plurality of enclosed openings,
wherein each of the plurality of bond portions is spaced apart from the first mesh major surface along a thickness of the mesh layer; and
wherein the bond layer removably bonds to the plurality of interconnected portions of the mesh layer.
Claim 16: A method of manufacturing a retroreflective article, the method comprising: providing a carrier layer; disposing a mesh layer on the carrier layer, the mesh layer comprising a plurality of interconnected portions defining a plurality of enclosed openings therebetween, a first mesh major surface, and a second mesh major surface opposite to the first mesh major surface, wherein the first mesh major surface is disposed on the carrier layer; disposing a plurality of optical elements within the plurality of enclosed openings of the mesh layer; and providing a bond layer adjacent to the plurality of optical elements within the plurality of enclosed openings of the mesh layer opposite to the carrier layer, such that the plurality of optical elements is partially embedded within the bond layer, wherein the bond layer fixedly bonds to the plurality of interconnected portions of the mesh layer.
Claim 2: wherein each of the plurality of bond portions is spaced apart from the first mesh major surface along a thickness of the mesh layer.
However, copending # does not teach removably bonded bonding portions and a carrier layer comprising a liner and a carrier bonding layer bonding the liner to the mesh layer.
Chen-Ho teaches
removably bonded bonding portions (“A particularly suitable way involves partially removing optical elements and bead bond layer from portions of one or more segments”, para 104, this indicates removable bond layer) and a carrier layer(“polymeric carrier having a backing layer 80 and a thermoplastic layer 90”, para 58) comprising a liner (backing layer 80) and a carrier bonding layer (thermoplastic layer 90, para 58) bonding the liner (backing layer 80) to the mesh layer (barrier layer material 110). Therefore, it would have been obvious for a person of ordinary skill in the art to modify the current # with the carrier layer and removable bonded portions for the purpose of an easily detachable article.
Claim 12: further comprising providing a reflective layer adjacent to a surface of at least some of the plurality of optical elements prior to providing the bond layer, such that the reflective layer is at least partially disposed between the bond layer and the plurality of optical elements.
Claim 17: further comprising providing a reflective layer adjacent to a surface of at least some of the plurality of optical elements prior to providing the bond layer, such that the reflective layer is at least partially disposed between the bond layer and the plurality of optical elements.
Claim 13: further comprising providing an interlayer on at least some of the plurality of optical elements prior to providing the reflective layer.
Claim 18: further comprising providing an interlayer on at least some of the plurality of optical elements prior to providing the reflective layer.
Claim 20: further comprising removing the carrier layer from the rest of the retroreflective article, such that after removal of the carrier layer, the plurality of optical elements and the plurality of bond portions are removably bonded to one or more adjacent interconnected portions from the plurality of interconnected portions of the mesh layer.
Claim 19: further comprising removing the carrier layer from the mesh layer and the plurality of optical elements.
Claim 21: wherein disposing the mesh layer on the carrier layer further comprises removably bonding the carrier layer to the mesh layer.
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 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)(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.
Claims 1-2, 4-20, is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Chen-Ho et al (US 2017/0293056 A1).
Regarding Claim 1, Chen-Ho teaches (fig 1A-E, 9-11) a retroreflective article (“retroreflective articles”, para 57, article, para 58) comprising:
a mesh layer (barrier layer material 110, para 58, grid-like, “The barrier layer material pattern of FIG. 9 comprises a substantially continuous grid-like coating of barrier layer material with uncoated circular-shaped regions”, para 74) comprising a plurality of interconnected portions (grid-like as in fig 9-11) defining a plurality of enclosed openings (uncoated circular or square shaped regions, para 74) therebetween, a first mesh major surface, and a second mesh major surface opposite to the first mesh major surface (top and bottom surfaces of barrier layer material 110, fig 1E,F),
the plurality of interconnected portions (grid-like as in fig 9-11) together forming the first mesh major surface and the second mesh major surface (top and bottom surfaces of barrier layer material 110, Fig 1F.G);
a bond layer (bead bond layer 150, para 58) comprising a plurality of bond portions (bond portions under the sets of beads 120) at least partially spaced apart (as in fig 1F, G and 9-11) from each other by the mesh layer (110),
wherein each of the plurality of bond portions (bond portions under the sets of beads 120) is disposed within a corresponding enclosed opening (uncoated circular or square shaped regions, para 74) from the plurality of enclosed openings and
removably bonded (“A particularly suitable way involves partially removing optical elements and bead bond layer from portions of one or more segments”, para 104, this indicates removable bond layer) to one or more adjacent interconnected portions (grid-like as in fig 9-11) from the plurality of interconnected portions of the mesh layer (barrier layer material 110), and
wherein the second mesh major surface (bottom surface of barrier layer material 110, fig 1G) is proximal to the bond layer (bead bond layer 150, para 58);
a plurality of sets of optical elements (set of beads 120, para 58) corresponding to the plurality of bond portions (bond portions under the sets of beads 120) of the bond layer (bead bond layer 150, para 58),
wherein each of the sets of optical elements (set of beads 120 in set of 3 and set of 2, fig 1C-G, para 58) comprises a plurality of optical elements (beads 120) partially embedded within a corresponding bond portion (“beads 120 partially embedded in thermoplastic layer 90”, para 58 and beads 120 are as in fig 1E partially embedded in a bond portion of 150) from the plurality of bond portions (bond portions under the sets of beads 120) of the bond layer (bead bond layer 150, para 58),
wherein the first mesh major surface (top surface of barrier layer material 110) is proximal to the sets of optical elements (beads 120) (as in fig 1G), and
wherein the sets of optical elements (set of beads 120 in set of 3 and set of 2, fig 1C-G, para 58) are spaced apart from each other by the one or more interconnected portions of the mesh layer (grid-like barrier layer 110, fig 9-11)
and a carrier layer (“polymeric carrier having a backing layer 80 and a thermoplastic layer 90”, para 58) comprising a liner (backing layer 80) and a carrier bonding layer (thermoplastic layer 90, para 58) bonding the liner (backing layer 80) to the mesh layer (barrier layer material 110).
Regarding Claim 2, Chen-Ho teaches the retroreflective article of claim 1,
wherein each of the plurality of bond portions (bond portions under the sets of beads 120) is spaced apart from the first mesh major surface (top surface of barrier layer material 110, fig 1G) along a thickness of the mesh layer (110).
Regarding Claim 4, Chen-Ho teaches the retroreflective article of claim 1,
further comprising an adhesive layer (“In adhesive attachment, an adhesive can be applied to the bead bond layer”, para 106) comprising a plurality of adhesive portions (adhesive portion underneath the beads 120 and corresponding bead bond layer 150 portion) at least partially spaced apart (as in fig 1F, G and 9-11) from each other by the mesh layer (110) from each other by the mesh layer (110),
wherein each of the plurality of adhesive portions (adhesive portion underneath the beads 120 and corresponding bead bond layer 150 portion) is at least partially disposed on a corresponding bond portion (bead bond portion 150 underneath a set of beads 120) from the plurality of bond portions opposite to the plurality of optical elements (beads 120, para 58).
Regarding Claim 5, Chen-Ho teaches the retroreflective article of claim 1,
further comprising a reflective layer (reflective layer 140, para 58, fig 1E) disposed adjacent to a surface of at least some of the plurality of optical elements (beads 120) facing the bond layer (bead bond layer 150, par 58) , wherein the reflective layer (reflective layer 140, para 58, fig 1E) is at least partially disposed between the plurality of optical elements (beads 120) and the bond layer (bead bond layer 150) (as in fig 1E,F,G).
Regarding Claim 6, Chen-Ho teaches the retroreflective article of claim 1,
wherein the bond layer (bead bond layer 150 para 58) comprises a colorant (“The bead bond layer contains at least one polymer (typically called a binder material) and may contain additional additives such as a colorant”, para 96).
Regarding Claim 7, Chen-Ho teaches the retroreflective article of claim 4,
wherein the adhesive layer (“In adhesive attachment, an adhesive can be applied to the bead bond layer”, para 106) comprises an adhesive, and wherein the adhesive is a pressure sensitive adhesive or a hot-melt adhesive (“Examples of suitable adhesive layers include pressure sensitive adhesives, heat activated adhesives”, para 107).
Regarding Claim 8, Chen-Ho teaches the retroreflective article of claim 1,
wherein each of the plurality of optical elements c(beads 120, para 58)omprises a transparent microsphere (“The term “bead” as used herein means transparent microsphere bead”, para 39).
Regarding Claim 9, Chen-Ho teaches the retroreflective article of claim 5,
wherein the reflective layer (reflective layer 140, para 58, fig 1E) comprises a metal mirror or a dielectric mirror (“A reflective layer, either a reflective metal layer such as aluminum, silver or the like, or a partially transparent dielectric mirror, is applied to the protruding beads”, para 33).
Regarding Claim 10, Chen-Ho teaches the retroreflective article of claim 5,
further comprising an interlayer (polymeric color layer 130, para 58) at least partially disposed between the plurality of optical elements (beads 120) and the reflective layer (reflective layer 140, para 58, fig 1E).
Regarding Claim 11, Chen-Ho teaches (fig 1A-E, 9-11) a method of manufacturing (method of preparing, para 57) a retroreflective article (“retroreflective articles”, para 57, article, para 58), the method comprising:
providing a carrier layer (“a polymeric carrier layer with a first major surface and a second major surface”, para 57) (“polymeric carrier having a backing layer 80 and a thermoplastic layer 90”, para 58);
disposing (“depositing a barrier layer material in a predetermined pattern onto the first major surface of the carrier layer”, para 57) a mesh layer (barrier layer material 110, para 58, grid-like, “The barrier layer material pattern of FIG. 9 comprises a substantially continuous grid-like coating of barrier layer material with uncoated circular-shaped regions”, para 74) on the carrier layer (“polymeric carrier having a backing layer 80 and a thermoplastic layer 90”, para 58),
the mesh layer (barrier layer material 110, para 58) comprising a plurality of interconnected portions (grid-like as in fig 9-11) defining a plurality of enclosed openings (uncoated circular or square shaped regions, para 74) therebetween, a first mesh major surface, and a second mesh major surface opposite to the first mesh major surface (top and bottom surfaces of barrier layer material 110, fig 1E,F),
the plurality of interconnected portions (grid-like as in fig 9-11) together forming the first mesh major surface and the second mesh major surface (top and bottom surfaces of barrier layer material 110, Fig 1F.G);
wherein the first mesh major surface (top surface of barrier layer material 110, Fig 1F) is disposed on the carrier layer (“polymeric carrier having a backing layer 80 and a thermoplastic layer 90”, para 58);
disposing a plurality of optical elements (beads 120, para 58) within the plurality of enclosed openings (uncoated circular or square shaped regions, para 74) of the mesh layer (“providing transparent microsphere beads, partially embedding the transparent microsphere beads into the exposed portions of the first major surface of the polymeric carrier layer such that the beads at least partially protrude from the first major surface of the polymeric carrier layer to form a patterned layer comprising beaded and un-beaded regions”, para 57) ; and
providing (“depositing a bead bond layer on at least a portion of the reflective layer”, para 57) a bond layer (bead bond layer 150, para 58) adjacent to the plurality of optical elements (beads 120) within the plurality of enclosed openings (uncoated circular or square shaped regions, para 74) of the mesh layer (barrier layer 110, para 58) opposite to the carrier layer (“polymeric carrier having a backing layer 80 and a thermoplastic layer 90”, para 58), such that the plurality of optical elements (beads 120, para 58) is partially embedded within the bond layer (“beads 120 partially embedded in thermoplastic layer 90”, para 58 and beads 120 are as in fig 1F partially embedded in a bond portion of 150),
wherein the bond layer (bead bond layer 150, para 58) comprising a plurality of bond portions (bond portions under the sets of beads 120) at least partially spaced apart (as in fig 1F, G and 9-11) from each other by the mesh layer (110),
wherein each of the plurality of bond portions (bond portions under the sets of beads 120) is at least partially disposed (as in fig 1E,F) within a corresponding enclosed opening (uncoated circular or square shaped regions, para 74) from the plurality of enclosed openings (uncoated circular or square shaped regions, para 74),
wherein each of the plurality of bond portions (bond portions under the sets of beads 120) is spaced apart from the first mesh major surface (top surface of barrier layer material 110, fig 1G) along a thickness of the mesh layer (110); and
wherein the bond layer removably bonds (“A particularly suitable way involves partially removing optical elements and bead bond layer from portions of one or more segments”, para 104, this indicates removable bond layer) to the plurality of interconnected portions (grid-like as in fig 9-11) of the mesh layer (barrier layer material 110).
Regarding Claim 12, Chen-Ho teaches the method of claim 11,
further comprising providing a reflective layer (reflective layer 140, para 58, fig 1E) adjacent to a surface of at least some of the plurality of optical elements (beads 120, para 58) prior to providing the bond layer (“depositing a reflective layer on at least a portion of the polymeric color layer, depositing a bead bond layer on at least a portion of the reflective layer”, para 57), such that the reflective layer (reflective layer 140, para 58, fig 1E) is at least partially disposed between the bond layer (bead bond layer 150) and the plurality of optical elements (beads 120) (as in fig 1E,F,G).
Regarding Claim 13, Chen-Ho teaches the method of claim 12,
further comprising providing an interlayer (polymeric color layer 130, para 58) on at least some of the plurality of optical elements (beads 120, para 58) prior to providing the reflective layer (“depositing a polymeric color layer on at least a portion of the beaded regions and at least a portion of the un-beaded regions, depositing a reflective layer on at least a portion of the polymeric color layer”, para 57) .
Regarding Claim 14, Chen-Ho teaches the method of claim 11, further comprising providing an adhesive layer (“In adhesive attachment, an adhesive can be applied to the bead bond layer”, para 106) on at least one of the second mesh major surface of the mesh layer (barrier layer material 110, para 58) and the bond layer (bead bond layer 150, para 58) opposite to the plurality of optical elements (beads 120, para 58).
Regarding Claim 15, Chen-Ho teaches the method of claim 14,
further comprising adhering the retroreflective article to a substrate (“the garment or substrate to which it is attached”, para 75), followed by removing the carrier layer (“polymeric carrier having a backing layer 80 and a thermoplastic layer 90”, para 58) and the mesh layer (barrier layer material 110, para 58) from the rest of the retroreflective article (“the transient barrier layer material may be any material that has higher adhesion to the polymeric carrier layer than to the final retroreflective article, and thus remains with the polymeric carrier layer when it is separated from the final retroreflective article”, para 72)
Regarding Claim 16, Chen-Ho teaches the method of claim 11,
wherein disposing the plurality of optical elements (beads 120, para 58) within the plurality of enclosed openings (uncoated circular or square shaped regions, para 74) further comprises disposing the plurality of optical elements (beads 120, para 58) on the carrier layer (“polymeric carrier having a backing layer 80 and a thermoplastic layer 90”, para 58) (“Beads are partially embedded on the surface of the polymeric carrier layer in the regions not covered by the patterned barrier layer material”, para 77).
Regarding Claim 17, Chen-Ho teaches the method of claim 11,
further comprising flattening at least one of the first mesh major surface and the second mesh major surface (before adhering the mesh layer to the carrier layer, one will flatten the mesh layer for bonding each part of the mesh layer to the carrier layer) of the mesh layer (barrier layer material 110, para 58) prior to disposing the mesh layer on the carrier layer (“polymeric carrier having a backing layer 80 and a thermoplastic layer 90”, para 58).
Regarding Claim 18, Chen-Ho teaches the method of claim 11,
wherein the bond layer (bead bond layer 150, para 58) is provided adjacent to the plurality of optical elements (beads 120, para 58), such that each of the plurality of bond portions (bond portions under the sets of beads 120) is spaced apart from the second mesh major surface (bottom surface of barrier layer material 110, fig 1G) along a thickness of the mesh layer (110) (plurality of bond portions are separated from the first and second or top and bottom surfaces of the mesh layer 110, fig 1F).
Regarding Claim 19, Chen-Ho teaches the method of claim 18,
further comprising removing the mesh layer (barrier layer 110) from the rest of the retroreflective article (“the barrier layer material is transient and is absent from, or removable from, the finished retroreflective article “, para 65, “Materials that may be used to form a transient barrier layer material that is absent from the final article include those that can be chemically or physically dissolved and washed away, such as a photoresist”, para 72),
such that after removal of the mesh layer (barrier layer material 110, para 58), the plurality of optical elements (beads 120, para 58) and the plurality of bond portions (bond portions of layer 150 under the sets of beads 120) are removably bonded to the carrier layer (“polymeric carrier having a backing layer 80 and a thermoplastic layer 90”, para 58).
Regarding Claim 20, Chen-Ho teaches the method of claim 11,
further comprising removing (“After overnight curing under ambient conditions, the temporary carrier web was removed”, para 125) the carrier layer (“polymeric carrier having a backing layer 80 and a thermoplastic layer 90”, para 58) from the rest of the retroreflective article,
such that after removal of the carrier layer, the plurality of optical elements (beads 120, para 58) and the plurality of bond portions (bond portions of layer 150 under the sets of beads 120) are removably bonded to one or more adjacent interconnected portions from the plurality of interconnected portions of the mesh layer (barrier layer material 110, para 58) (“the barrier layer material is permanent and remains substantially intact and attached to the polymeric color layer (in the un-beaded region) in the finished retroreflective article”, para 65, “Examples 2-17 are believed to have permanent barrier layers”, para 125).
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 21, is/are rejected under 35 U.S.C. 103 as being unpatentable over Chen-Ho et al (US 2017/0293056 A1) in view of Araki et al (US 5,714,223 A).
Regarding Claim 21, Chen-Ho teaches the method of claim 11.
However, Chen-Ho does not teach
wherein disposing the mesh layer on the carrier layer further comprises bonding the carrier layer to the mesh layer.
Chen-Ho and Araki are related retroreflective articles.
Araki teaches (fig 1),
wherein disposing the mesh layer (plural linking parts 8 of bonding layer, col 4, lines 53-56) on the carrier layer (cover layer 1, col 4, lines 53-56) further comprises bonding (“plural linking parts 8 which are bonded to the cover, layer 1 so that spaces 2 for encapsulating the transparent microspheres are formed between the cover layer and the bonding layer”, col 4, lines 53-56) the carrier layer (cover layer 1) to the mesh layer (plural linking parts 8).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the retroreflective article of Chen-Ho to include the bonding of carrier and mesh layers of Araki for the purpose of good practicable durability and is excellent in impact resistance and weatherability (col 2, lines 49-53).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Walker et al (US 2020/0298526 A1) teaches a retroreflective article with a mesh layer and micro beads in apertures.
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/JYOTSNA V DABBI/Primary Examiner, Art Unit 2872 8/18/2026
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