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
Claim 5 is objected to because of the following informalities: in lines 2-3, “at most 2 silver layer” should be “at most 2 silver layers” (i.e., plural).
Appropriate correction is required.
Claim Rejections - 35 USC § 112
Claims 1-20 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 1 recites “a partially transparent reflection layer”. The specification at [0020] states “In the sense of the invention, “partially transparent” means a light transmission of at least 50%, preferably at least 60%, and particularly preferably at least 70%” wherein light transmittance is “according to ISO 9050:2003” and so defines the terms used in the claims. That the definition uses preferred language (“preferably”) which provides a first broader range followed by a narrower range renders the claim indefinite because it is not clear whether the feature introduced by such narrower language is (a) merely exemplary of the remainder of the claim, and therefore not required, or (b) a required feature of the claims. See MPEP § 2173.05(c). The examiner suggests Applicant amends the claim to include the desired percentage of light transmission of the layer to clarify the claim language. Dependent claims are rejected for the same reason.
Claim 1 recites “an opaque reflection layer”. The specification at [0020] states “In the sense of the invention, “opaque” means a light transmission, i.e., light transmittance (according to ISO 9050:2003), of less than 30%, preferably less than 20%, particularly preferably less than 5%, and in particular less than 0.1%” and so defines the terms used in the claims. That the definition uses preferred language (“preferably”) which provides a first broader range followed by a narrower range renders the claim indefinite because it is not clear whether the feature introduced by such narrower language is (a) merely exemplary of the remainder of the claim, and therefore not required, or (b) a required feature of the claims. See MPEP § 2173.05(c). The examiner suggests Applicant amends the claim to include the desired percentage of light transmission of the layer to clarify the claim language. Dependent claims are rejected for the same reason.
Claims 8 and 19 are rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends. Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements.
Claim 8 recites “the partially transparent reflection layer reflects visible light to an extent of at least 10%.” This fails to further limit parent claim 1, which requires “the partially transparent reflection layer reflects visible light to an extent of at most 30%” because claim 8 sets forth a range that extends beyond the uppermost bound of the parent claim. The examiner suggests Applicant amends claim 8 to recite the upper bound, e.g., “an extent of at least 10% and at most 30%”.
Similarly, claim 19 recites “the partially transparent reflection layer reflects visible light to an extent of at least 15%.” This fails to further limit parent claim 1, which requires “the partially transparent reflection layer reflects visible light to an extent of at most 30%” because claim 19 sets forth a range that extends beyond the uppermost bound of the parent claim. The examiner suggests Applicant amends claim 19 to recite the upper bound, e.g., “an extent of at least 15% and at most 30%”.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Luten et al. (US 2009/0207513) disclose a multizone reflector comprising an opaque zone (101; 204) and a transflective (partially transparent and reflective) zone (106; 206) [abstract; 0002-0003; 0035-0036]. The opaque zone is reflective [0035]. The extent of reflection of the transflective zone is not specifically defined except that examples have high reflectance above 55% (examples begin at [0060]). The intended use of the reflector is a mirror (i.e., highly reflective) [0003; 0037].
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/JOHN D FREEMAN/Primary Examiner, Art Unit 1787
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