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 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.
Claim 4, 6, 17, and 19 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 4 and 17 recite “ one surface of the release layer is an embossed
surface and is provided with a concave-convex texture; one surface of the surface film
layer is in contact with the embossed surface, and the surface of the surface film layer is
formed with a concave-convex texture.” It is unclear if “one surface” is in reference to the same surface of the surface film layer and if “the surface” is in reference to the “one surface” or the opposite surface. For examination purposes, the recited surfaces will be interpreted as a first surface.
Claim 6 and 19 recites “ a texture of the surface film layer”. It is unclear if said texture is the same texture of claim 5 and 17, respectively, or a different texture.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 1, 2, and 12-13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kwon (KR101514926, citations based on machine translation provided) in view of Fang (CN114921189, citations based on machine translation provided).
Regarding claim 1, Kwon teaches a method of forming a graphic on a flexible sheet material, comprising following steps of:
step 1, preparing a printable heat transfer material, the heat transfer material having a printing layer (item 12) and a heat adhesive layer (item 17), printing a pattern (item 13) on the printing layer (item 12) of the heat transfer material (Figure 4 and [0011]-[0014]);
step 2, preparing a covering film, the covering film comprising a transparent or
translucent surface film layer (15) and a second adhesive layer (14) and adhering the transparent or translucent surface film and second adhesive layer onto the printing layer of the heat transfer material through the second adhesive layer to cover the pattern (Figure 18 and 19 and [0014] and [0018]);
step 3, cutting out a graphic from the adhered heat transfer material and the covering film that having the pattern, removing parts other than the graphic, keeping the cut graphic, the cut graphic comprising the laminated printing layer and the heat adhesive layer of the heat transfer material and the surface film layer and the second adhesive layer of the covering film (Figure 21-22 and Page 9); and
step 4, hot ironing the cut graphic onto a flexible sheet material, adhering the graphic onto the flexible sheet material with the heat adhesive layer, the surface film layer covering the cut graphic (Figure 23-26 and Page 8 and 10).
In step 2, Kwon teaches applying the adhesive layer directly onto the printed film and after the adhesive layer is formed, the transparent or translucent surface film is prepared on the surface [0018].
Alternatively, Kwon teaches applying the adhesive directly onto the printed film and providing semi-cured silicone resin surface film on the adhesive (Page 9 and Figure 29).
Kwon does not teach: in step 2, preparing a covering film and adhering the covering film onto the printing layer of the heat transfer material through the second adhesive layer to cover the pattern.
Fang teaches a process of manufacturing a heat transfer laminate for hot-pressing onto a garment (Page 1), wherein the laminate comprises a heat transfer material comprising a printing layer and heat adhesive layer (Figure 1 and 2 and Page 3) and a covering film comprising a translucent or transparent surface film (Figure 1 and Page 3). Fang teaches the covering film is prepared by assembling each layers, including coating, compounding and embedding elements (page 9)-10, prior to laminating on the heat transfer material (Figure 26 and 27 and Page 8-11).
It would have been obvious to one of ordinary skill in the art to modify the process of Kwon, in particular the adhesive application to the printed film, with assembling prepared layers of the heat adhesive layer with the printing layer and covering film as taught by Fang, a known suitable mechanism for providing an adhesive layer for lamination.
Regarding claim 2, Kwon in view of Fang teaches the process as applied to claim 1, wherein the heat transfer material comprises a carrier layer and the printing layer and the heat adhesive layer are detachably disposed on the carrier layer (Kwon, Figure 4, item 11 and [0012]).
Regarding claim 12, Kwon in view of Fang teaches the process as applied to claim 1, wherein the step 4 of the method comprises: preparing a transfer film, transferring the cut graphic to the transfer film, applying a hot ironing process to the transfer film comprising the graphic on the flexible sheet material to bond the graphic onto the flexible sheet material, and removing the transfer film (Kwon, Figure 23 -26, [0014], [0017]).
Regarding claim 13, Kwon in view of Fang teaches the process as applied to claim 2, wherein a cutting depth of cutting out the graphic cuts off the surface film layer, the second adhesive layer, the printing layer and the heat adhesive layer (Kwon, Figures 21-23 and [00184]).
Kwon in view of Fang teaches the second adhesive layer is preferably a thermosetting resin, such as an acrylic, epoxy, or unsaturated polyester composition (Page 7).
Kwon does not explicitly teach the second adhesive layer is a hot melt adhesive layer.
Fang teaches in laminates for garments (e.g., appliques) (Page 1), multiple layers of adhesive are used (Figure 2, item 2 and 5), wherein the adhesive may be a plant glue layer (e.g., acrylic-based layer), pressure sensitive adhesive layer, or hot melt adhesive layer (Page 3). Fang teaches using a hot-melt adhesive layer in adhering beads (Page 3-4).
It would have been obvious to one of ordinary skill in the art at the time of the effective filing date of the invention to modify the process of Kwon in view of Fang, in particular the second adhesive layer, with a hot-melt adhesive as taught by Fang, a known suitable adhesive for use in laminate appliques.
Claim(s) 3-11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kwon (KR101514926, citations based on machine translation provided) in view of Fang (CN114921189, citations based on machine translation provided), as applied to claim 1, in further view of Marecki (US 5,631,064) and Kim (KR2013004174, citations based on machine translation provided).
Regarding claim 3, Kwon in view of Fang teaches the process as applied to claim 1, wherein the covering film comprises a release layer, the surface film layer and the second adhesive layer are disposed on the release layer, and the surface film layer is located between the release layer and the second adhesive layer (Figure 18-23 and Page 6).
Kwon in view of Fang does not teach the covering film comprises a release layer,
the surface film layer and the second adhesive layer are disposed on the release layer,
and the surface film layer is located between the release layer and the second adhesive
layer.
Marecki teaches a retroreflective transfer sheet and graphic images produced therefrom for use as retroreflective applique. Marecki teaches a covering film comprises a release layer (Figures 1-3, item 13 and 14 and Col 8, ln 52-60), a surface film layer of optical lens elements (e.g., microspheres) for providing uniform and efficient retroflection (Figures 1-3, item 11 and Col 9, ln 22-65), a specular reflective layer (Figures 1-3, item 17 and Col 10, ln 12-17), and second adhesive layer (Figures 1-3, item 16 and Col 9, ln 65- Col 10, ln 12). Marecki teaches the appliques are applied to articles of clothing using transfer sheets (Col 13, ln 33-47), including imagewise printed appliques (Col 14, ln 27-34). Marecki teaches different reflective items, including metals, flakes, lens elements, and coatings (Col 9, ln 3- Col 11, ln 25).
Kim teaches a lenticular-typed silicone sticker for attaching on textile fabrics [0003]- [0008], [0021], comprising a thermocompression lenticular embedding layer adhered to a print layer and a hot melt adhesive applied thereon (Figure 1-2 and [0018]-[0020]). Kim teaches the lenticular silicone sticker for improved visuals.
It would have been obvious to one of ordinary skill in the art at the time of the effective filing date of the invention to modify the process of Kwon in view of Fang with a covering film of Marecki comprising a release layer, surface film layer, and adhesive, for the purpose of adding decorative retroreflective features to appliques on top of prints as desired and suggested by Marecki. One of ordinary skill in the art would have been motivated to combine the decorative applique of Marecki on the printable transfer material of Kwon to provide an applique with combined decorative effects of a print and retroreflective features as taught by Kim.
The combination of familiar elements is likely to be obvious when it does no more than yield predictable results (see MPEP § 2143, A.).
Regarding claim 4, Kwon in view of Fang, Marecki, and Kim teaches the process as applied to claim 3, wherein one surface of the release layer is an embossed
surface and is provided with a concave-convex texture (Marecki, Figures 1-3, items 13 and 14 and Col 8, ln 24-65); one surface of the surface film layer is in contact with the embossed surface (Marecki, Figures 1-3) , and the surface of the surface film layer is formed with a concave-convex texture (Marecki, Figures 1-3).
Regarding claim 5, Kwon in view of Fang, Marecki, and Kim teaches the process as applied to claim 3, wherein one surface of the surface film layer of the covering film is bonded with the second adhesive layer (Marecki, Figures 1-3, item 16 and Col 9, ln 65- Col 10, ln 12), and another surface of the surface film layer is a textured surface with a texture (Marecki, Figures 1-3).
Regarding claim 6, Kwon in view of Fang, Marecki, and Kim teaches the process as applied to claim 5, wherein a texture of the surface film layer is a concave-convex
texture or a texture forming a laser effect (Marecki, Figures 1-3).
Regarding claim 7, Kwon in view of Fang, Marecki, and Kim teaches the process as applied to claim 3, wherein the covering film comprises zinc sulfide bonded with one surface of the surface film layer (Marecki, Col 10, ln 60- Col 11, ln 7).
Regarding claim 8, Kwon in view of Fang, Marecki, and Kim teaches the process as applied to claim 3, wherein the covering film comprises a metal layer bonded with one surface of the film layer (Marecki, Col 10, ln 13-27).
Kwon in view of Fang, Marecki, and Kim does not explicitly teach the metal layer does not cover the entire surface film layer.
A mere change in shape and size, absent any new or unexpected results, would have been obvious to one of ordinary skill in the art (MPEP 2144.04).
Accordingly, a mere in shape or size of a reflective layer is a design choice that does not present any new or unexpected results. It would have been obvious to one of ordinary skill in the art to change the size or pattern distribution of the reflective layer of Marecki for design purpose, as such changes would have yielded the predictable result of modifying the reflective design of the applique.
Regarding claim 9, Kwon in view of Fang, Marecki, and Kim teaches the process as applied to claim 3, wherein the surface film layer of the covering film is
added with pearlescent powder, glitter powder or luminous powder (Marecki, Col 11, ln 8-15).
Regarding claim 10, Kwon in view of Fang, Marecki, and Kim teaches the process as applied to claim 3, wherein one surface of the surface film layer is provided with micro optical components, including: micro convex lenses, micro concave lenses, and micro convex or concave water droplet-shaped components (Marecki, Col 8, ln 24-40).
Regarding claim 11, Kwon in view of Fang, Marecki, and Kim teaches the process as applied to claim 3, wherein the surface film layer is a transparent or translucent reflective layer with reflective components (Marecki, Col 9, ln 4-40 and Col 10, ln 28-Col 11, ln 6)).
Claim(s) 14-25 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kwon (KR101514926, citations based on machine translation provided) in view of Marecki (US 5,631,064) and Kim (KR2013004174, citations based on machine translation provided).
Regarding claim 14, Kwon teaches a method of forming a graphic on a flexible sheet material, comprising following steps of:
step 1, preparing a printable heat transfer material, the heat transfer material having a printing layer (item 12) and a heat adhesive layer (item 17), printing a pattern (item 13)on the printing layer (item 12) of the heat transfer material (Figure 4 and [0011]-[0014]);
step 2, cutting out a graphic from the heat transfer material with the pattern, removing parts other than the graphic (Figure 21-22 and Page 9); and
step 3, hot ironing the cut graphic onto a flexible sheet material, adhering the graphic onto the flexible sheet material with the heat adhesive layer (Figure 23-26 and Page 8 and 10).
Kwon does not teach:
step 4, preparing a covering film, the covering film comprising a transparent or
translucent surface film layer and a second adhesive layer, cutting out a graphic film being able to cover the graphic from the covering film; and
step 5, adhering the graphic film onto the graphic with the second adhesive layer, and the surface film layer of the graphic film covering the graphic.
Marecki teaches a retroreflective transfer sheet and graphic images produced therefrom for use as retroreflective applique. Marecki teaches a covering film comprises a release layer (Figures 1-3, item 13 and 14 and Col 8, ln 52-60), a surface film layer of optical lens elements (e.g., microspheres) for providing uniform and efficient retroflection (Figures 1-3, item 11 and Col 9, ln 22-65), a specular reflective layer (Figures 1-3, item 17 and Col 10, ln 12-17), and second adhesive layer (Figures 1-3, item 16 and Col 9, ln 65- Col 10, ln 12). Marecki teaches the appliques are applied to articles of clothing using transfer sheets (Col 13, ln 33-47), including imagewise printed appliques (Col 14, ln 27-34). Marecki teaches different reflective items, including metals, flakes, lens elements, and coatings (Col 9, ln 3- Col 11, ln 25).
Kim teaches a lenticular-typed silicone sticker for attaching on textile fabrics [0003]- [0008], [0021], comprising a thermocompression lenticular embedding layer adhered to a print layer and a hot melt adhesive applied thereon (Figure 1-2 and [0018]-[0020]). Kim teaches the lenticular silicone sticker for improved visuals.
It would have been obvious to one of ordinary skill in the art at the time of the effective filing date of the invention to modify the process of Kwon in view of Fang with a covering film of Marecki comprising a release layer, surface film layer, and adhesive, for the purpose of adding decorative retroreflective features to appliques on top of prints as desired and suggested by Marecki. One of ordinary skill in the art would have been motivated to combine the decorative applique of Marecki on the printable transfer material of Kwon to provide an applique with combined decorative effects of a print and retroreflective features as taught by Kim.
The combination of familiar elements is likely to be obvious when it does no more than yield predictable results (see MPEP § 2143, A.).
One of ordinary skill in the art would have been motivated to prepare the covering film for adhering with the heat transfer material of Kwon by ensuring the size and shape of the two structures are suitable for integration. Therefore, one of ordinary skill in the art would have been motivated to cut the covering film applique of Marecki for suitable application with the heat transfer material of Kwon.
While Kwon in view of Marecki and Kim does not explicitly teach performing the claimed steps in the claimed sequence, the mere modification of the order of the steps performed, absent any new or unexpected results, would have been obvious to one of ordinary skill in the art. Given that Kwon in view of Marecki and Kim teaches individually preparing the printable heat transfer material and covering film for adhering and laminating and subsequently cutting those layers, it appears that rearranging those steps to separately prepare and cut said components and preparing different precursors would yield the predictable result of providing the same laminate applique.
Regarding claim 15, Kwon in view of Marecki and Kim teaches the process as applied to claim 14, wherein the heat transfer material comprises a carrier layer; the printing layer and the heat adhesive layer are detachably disposed on the carrier layer (Kwon, Figure 4 and [0011]-[0014] ).
Regarding claim 16, Kwon in view of Marecki and Kim teaches the process as applied to claim 14, wherein the covering film comprises a release layer, the surface film layer and the second adhesive layer are disposed on the release layer, and the surface film layer is located between the release layer and the second adhesive layer (Marecki, Figures 1-3; Col 8, ln 52-63; Col 9, ln 22-65; Col 10, ln 12-17; and Col 9, ln 65- Col 10, ln 10).
Regarding claim 17, Kwon in view of Marecki and Kim teaches the process as applied to claim 14, wherein one surface of the release layer is an embossed surface and is provided with a concave-convex texture; one surface of the surface film layer is in contact with the embossed surface, and said surface of the surface film layer is formed with a concave-convex texture (Marecki, Figures 1-3 and Col 8, ln 24-40).
Regarding claim 18, Kwon in view of Marecki and Kim teaches the process as applied to claim 14, wherein one surface of the surface film layer of the covering film is bonded with the second adhesive layer (Marecki, Figures 1-3, item 16 and Col 9, ln 65- Col 10, ln 12), and another surface of the surface film layer is a textured surface with a texture (Marecki, Figures 1-3).
Regarding claim 19, Kwon in view of Marecki and Kim teaches the process as applied to claim 18, wherein a texture of the surface film layer is a concave-convex
texture or a texture forming a laser effect (Marecki, Figures 1-3).
Regarding claim 20, Kwon in view of Marecki and Kim teaches the process as applied to claim 14, wherein the covering film comprises zinc sulfide bonded with one surface of the surface film layer (Marecki, Col 10, ln 60- Col 11, ln 7).
Regarding claim 21, Kwon in view of Marecki and Kim teaches the process as applied to claim 14, wherein the covering film comprises a metal layer bonded with one surface of the film layer (Marecki, Col 10, ln 13-27).
Regarding claim 22, Kwon in view of Marecki and Kim teaches the process as applied to claim 14, wherein the surface film layer of the covering film is added with pearlescent powder, glitter powder or luminous powder (Marecki, Col 11, ln 8-15).
Regarding claim 23, Kwon in view of Marecki and Kim teaches the process as applied to claim 14, wherein one surface of the surface film layer is provided with micro optical components, including: micro convex lenses, micro concave lenses, and micro convex or concave water droplet-shaped components (Marecki, Col 8, ln 24-40).
Regarding claim 24, Kwon in view of Marecki and Kim teaches the process as applied to claim 14, wherein the surface film layer is a transparent or translucent reflective layer with reflective components (Marecki, Col 9, ln 4-40 and Col 10, ln 28-Col 11, ln 6)).
Regarding claim 25, Kwon in view of Marecki and Kim teaches the process as applied to claim 14, wherein the step 4 of the method comprises: preparing a transfer film, transferring the cut graphic to the transfer film, applying a hot ironing process to the transfer film comprising the graphic on the flexible sheet material to bond the graphic onto the flexible sheet material, and removing the transfer film (Kwon, Figure 23 -26, [0014], [0017]).
Claim(s) 26 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kwon (KR101514926, citations based on machine translation provided) in view of Marecki (US 5,631,064) and Kim (KR2013004174, citations based on machine translation provided), as applied to claim 14, in further view of Fang (CN114921189, citations based on machine translation provided).
Regarding claim 26, Kwon in view of Marecki and Kim teaches the process as applied to claim 14, wherein a cutting depth of cutting out the graphic cuts off the surface film layer, the second adhesive layer, the printing layer and the heat adhesive layer (Kwon, Figures 21-23 and [0184]).
Kwon in view of Marecki and Kim teaches the second adhesive layer is preferably a thermosetting resin, such as an acrylic, epoxy, or unsaturated polyester composition (Page 7).
Kwon in view of Marecki and Kim does not explicitly teach the second adhesive layer is a hot melt adhesive layer.
Fang teaches in laminates for garments (e.g., appliques) (Page 1), multiple layers of adhesive are used (Figure 2, item 2 and 5), wherein the adhesive may be a plant glue layer (e.g., acrylic-based layer), pressure sensitive adhesive layer, or hot melt adhesive layer (Page 3). Fang teaches using a hot-melt adhesive layer in adhering beads (Page 3-4).
It would have been obvious to one of ordinary skill in the art at the time of the effective filing date of the invention to modify the process of Kwon, in particular the second adhesive layer, with a hot-melt adhesive as taught by Fang, a known suitable adhesive for use in laminate appliques.
Conclusion
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HANA C. PAGE
Examiner
Art Unit 1745
/HANA C PAGE/Examiner, Art Unit 1745
