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 .
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 conflicting claims 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); 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 nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
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Claims 1, 2, 8, 11-19 and 21 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 2, 4, 5, 7-13 and 20 of copending Application No. 18/857,843 (reference application). Although the claims at issue are not identical, they are not patentably distinct from each other because the copending application and the present application are claiming common subject matter as follows.
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
Present application # 18/857,847
Copending application # 18/857,843
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; anda 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.
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; anda 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; and a carrier layer comprising a liner and a carrier bonding layer bonding the liner to the mesh layer.
2. The retroreflective article of claim 1, wherein each of the plurality of bond portions is spaced apart from the first mesh major surface along a thickness of the mesh layer.
2. The retroreflective article of claim 1, wherein each of the plurality of bond portions is spaced apart from the first mesh major surface along a thickness of the mesh layer.
8. The retroreflective article of claim 1, wherein each of the plurality of optical elements comprises a transparent microsphere.
8. The retroreflective article of claim 1, wherein each of the plurality of optical elements comprises a transparent microsphere.
11. The retroreflective article of claim 1, 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.
5. The retroreflective article of claim 1, 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.
12. The retroreflective article of claim 11, further comprising an interlayer at least partially disposed between the plurality of optical elements and the reflective layer.
10. The retroreflective article of claim 5, further comprising an interlayer at least partially disposed between the plurality of optical elements and the reflective layer.
13. The retroreflective article of claim 11, wherein the reflective layer comprises a metal mirror or a dielectric mirror.
9. The retroreflective article of claim 5, wherein the reflective layer comprises a metal mirror or a dielectric mirror.
14. The retroreflective article of claim 1, 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.
4. The retroreflective article of claim 1, 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.
15. The retroreflective article of claim 14, wherein the adhesive layer comprises an adhesive, and wherein the adhesive is a pressure sensitive adhesive or a hot-melt adhesive.
7. The retroreflective article of claim 4, wherein the adhesive layer comprises an adhesive, and wherein the adhesive is a pressure sensitive adhesive or a hot-melt adhesive.
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.
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 fixedly bonds to the plurality of interconnected portions of the mesh layer.
17. The method of claim 16, 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.
12. The method of claim 11, 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.
18. The method of claim 17, further comprising providing an interlayer on at least some of the plurality of optical elements prior to providing the reflective layer.
13. The method of claim 12, further comprising providing an interlayer on at least some of the plurality of optical elements prior to providing the reflective layer.
19. The method of claim 16, further comprising removing the carrier layer from the mesh layer and the plurality of optical elements
21. The method of claim 11, wherein disposing the mesh layer on the carrier layer further comprises bonding the carrier layer to the mesh layer.
20. The method of claim 11, 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 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.
Claims 1-3, 8 and 11-23 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 discloses a retroreflective article (Figs. 1A-E, 9-11) comprising:
a mesh layer (para 58, “barrier layer material 110”; para 74 “the barrier layer material pattern of Fig. 9 comprises a substantially continuous grid-lie coating of barrier layer material with uncoated circular-shaped regions”) comprising a plurality of interconnected portions (grid-like in Figs. 9-11) defining a plurality of enclosed openings therebetween (para 74, uncoated circular or square shaped regions), 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 (top and bottom surfaces of barrier layer material 110, Fig. 1E,1F);
a bond layer (para 58 “bead bond layer 150”) comprising a plurality of bond portions (bond portions under the sets of beads 120) at least partially spaced apart (shown in Figs. 1F,G, 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 within a corresponding enclosed opening from the plurality of enclosed openings (para 74, uncoated circular or square regions) and fixedly bonded to one or more adjacent interconnected portions from the plurality of interconnected portions of the mesh layer (para 104 “a particularly suitable way involves partially removing optical elements and bead bond layer from portions of one or more segments”), and
wherein the second mesh major surface (bottom surface of barrier layer material 110, see Fig. 1G) is proximal to the bond layer (para 58, bead bond layer 150); and
a plurality of sets of optical elements (para 58, set of beads 120) corresponding to the plurality of bond portions (bond portions under the sets of the beads 120) of the bond layer (120),
wherein each of the sets of optical elements (see Fig. 1C-G, para 58, set of beads 120 in set of 3 and set of 2) comprises a plurality of optical elements (beads 120) partially embedded within a corresponding bond portion (para 58 “bead 120 partially embedded in thermoplastic layer 90” and beads 120 are in Fig. 1E partially embedded in a bond portion of 150) from the plurality of bond portions of the bond layer (150),
wherein the first mesh major surface (top surface of barrier layer material 110) is proximal to the sets of optical elements (120), and
wherein the sets of optical elements (Figs. 1C-G, para 58, set of beads 120 in set 3 and set of 2) are spaced apart from each other by the one or more interconnected portions of the mesh layer (grid-lie barrier layer 110).
Regarding claim 2, the retroreflective article of claim 1, wherein each of the plurality of bond portions is spaced apart from the first mesh major surface (top surface of barrier layer material 110) along a thickness of the mesh layer (110).
Regarding claim 3, the retroreflective article of claim 1, wherein the mesh layer comprises a mesh fabric (para 9 fabric).
Regarding claim 8, the retroreflective article of claim 1, wherein each of the plurality of optical elements (120) comprises a transparent microsphere (para 39 “transparent microsphere bead”).
Regarding claim 11, the retroreflective article of claim 1, further comprising a reflective layer (para 58, Fig. 1E reflective layer 140) disposed adjacent to a surface of at least some of the plurality of optical elements (120) facing the bond layer (bead bond layer 150), wherein the reflective layer (140) is at least partially disposed between the plurality of optical elements (beads 120) and the bond layer (bead bond layer 150, see Figs. 1E, F, G).
Regarding claim 12, the retroreflective article of claim 11, further comprising an interlayer (para 58, polymeric color layer 130) at least partially disposed between the plurality of optical elements (beads 120) and the reflective layer (para 58, Fig. 1E, reflective layer 140).
Regarding claim 13, the retroreflective article of claim 11, wherein the reflective layer (140) comprises a metal mirror or a dielectric mirror (para 33, “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”).
Regarding claim 14, the retroreflective article of claim 1, further comprising an adhesive layer (para 106 “in adhesive attachment, an adhesive can be applied to the bead bond 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 (see Figs. 1F, G, 9-11).
Regarding claim 15, the retroreflective article of claim 14, wherein the adhesive layer comprises an adhesive (para 106 “in adhesive attachment, an adhesive can be applied to the bead bond layer”), and wherein the adhesive is a pressure sensitive adhesive or a hot-melt adhesive (para 107 “examples of suitable adhesive layers include pressure sensitive adhesives, heat activated adhesives”).
Regarding claims 16-23, the method of manufacturing a retroreflective article comprising the steps of providing, disposing and removing are inherently met by the disclosure of the prior art.
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.
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 6, 9 and 10 are rejected under 35 U.S.C. 103 as being unpatentable over Chen-Ho et al (US 2017/0293056 A1).
The prior art disclose the claimed invention as set forth above except for wherein the mesh layer has a thickness from 0.05 mm to about 2.5 mm, wherein a median diameter of the plurality of optical elements is from about 0.015 mm to about 0.11 mm, wherein a minimum thickness of the mesh layer is greater than a median diameter of the plurality of optical elements by a factor of at least 2.
It would have been obvious to one having ordinary skill in the art at the time of invention before the effective filing date to choose the claimed ranges, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art, as being motivated to make an excellent retroreflective article.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to EUNCHA P CHERRY whose telephone number is (571)272-2310. The examiner can normally be reached M to F 7am to 3:30pm.
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9/30/2026
/EUNCHA P CHERRY/Primary Examiner, Art Unit 2872
