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 .
Priority
Acknowledgment is made of applicant’s claim for priority under 35 U.S.C. 119 (e) and 120.
Drawings
The originally filed drawings were received on 10/10/2024. These drawings are acceptable.
Specification
The lengthy specification has not been checked to the extent necessary to determine the presence of all possible minor errors. Applicant’s cooperation is requested in correcting any errors of which applicant may become aware in the specification.
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 7, 17-20 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 7, line 2 recites the dielectric material having formula ‘TO’. The Examiner is unaware of any dielectric material having such formula, and it is unclear what this chemical formula represents. For purposes of examination, this limitation has not been given significant patentable weight.
Claim 17 recites the limitation "the electromagnetic spectrum" in line 3. There is insufficient antecedent basis for this limitation in the claim. For purposes of examination, this limitation has been interpreted to be "an electromagnetic spectrum".
Claims 18-20 are dependent on Claim 17, and hence inherit the deficiencies of Claim 17.
Claim 18 recites the limitation "the visible region" in line 2. There is insufficient antecedent basis for this limitation in the claim. For purposes of examination, this limitation has been interpreted to be "a visible region".
Claim 19 recites the limitation "the infrared region" in line 2. There is insufficient antecedent basis for this limitation in the claim. For purposes of examination, this limitation has been interpreted to be "an infrared region".
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.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) 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 www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1, 4 are rejected on the ground of nonstatutory double patenting as being unpatentable over Claims 1-20 of U.S. Patent No. 12134351. Although the claims at issue are not identical, they are not patentably distinct from each other because Claims 1-20 of U.S. Patent No. 12134351 similarly claims and discloses a transreflective concealment panel (See for example Claim 1, line 2) comprising a first side directed in a first direction having a first reflectance (See for example Claim 1, lines 2-3); a second side directed in a second direction opposite the first direction having a second reflectance that is less than the first reflectance (See for example Claim 1, lines 3-6); a transflective layer composed of a low refractive material (See for example Claim 1, line 9; Claim 4); a first dielectric layer disposed in the second direction relative the transflective layer (See for example Claim 1, lines 10-11); and one or more absorptive layers disposed in the second direction relative the transflective layer (See for example Claim 1, lines 12-13). Claims 1-20 of U.S. Patent No. 12134351 further similarly claims and discloses the low refractive material includes an index of refraction of less than or equal to about 2.0 (See for example Claim 4).
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.
Claim(s) 1-18, 20, as best understood, is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Neuman (U.S. Patent Application Publication US 2018/0246265 A1), of record.
Neuman discloses a transreflective concealment panel (See for example Abstract; Figures 1-5, and in particular 10 in Figure 2; Figure 4) comprising a first side directed in a first direction having a first reflectance (See for example side of element 18 that includes 60, 76, light source in Figure 2; ‘Exterior Reflectance’ in Figure 4); a second side directed in a second direction opposite the first direction having a second reflectance that is less than the first reflectance (See for example side of element 18 that includes 14, viewer in Figure 2; ‘Interior Reflectance’ in Figure 4; wherein ‘Interior Reflectance’ is less than ‘Exterior Reflectance’ over the wavelength range of approximately 400nm-980nm); a transflective layer (See for example 30 in Figure 2) composed of a low refractive material (See for example Paragraphs 0017, 0027); a first dielectric layer (See for example 26 in Figure 2) disposed in the second direction relative the transflective layer; and one or more absorptive layers disposed in the second direction relative the transflective layer (See for example 22 in Figure 2). Neuman further discloses the low refractive material is selected from a group comprising: silver, silver alloy, copper, gold, zinc, aluminum, or another low refractive index metal (See for example 3 in Figure 2; Paragraphs 0017, 0027); the low refractive material is doped with a dopant selected from a group comprising: gold, palladium, platinum, rhodium, titanium, aluminum, zinc, copper, tin, silicon, germanium, manganese, magnesium, tungsten, lead, boron, chromium, thorium, tantalum, lithium, or indium (See for example 3 in Figure 2; Paragraphs 0017, 0027); the low refractive material includes an index of refraction of less than or equal to about 2.0 (See for example 3 in Figure 2; Paragraphs 0017, 0027); the first dielectric layer includes a refractive index between about 1.37 and about 4.00 (See for example 26 in Figure 2; Paragraphs 0017, 0026); a second dielectric layer (See for example 14 in Figure 2), the first dielectric layer (See for example 26 in Figure 2) disposed in the first direction relative to the one or more absorptive layers (See for example 22 in Figure 2) and the second dielectric layer (See for example 14 in Figure 2) disposed in the second direction relative to the one or more absorptive layers; the first dielectric layer is formed of a dielectric material that is selected from a group comprising: SnO₂, SiN, MgF₂, SiO₂, TiO₂, F:SnO₂, NbOx, TaOx, indium zinc oxide, aluminum zinc oxide, zinc oxide, electrically conductive TiO₂, CeOx, ZnS, chromium oxide, ZrOx, WO₃, nickel oxide, IrO₂, NiOx, CrOx, NbOx, or ZrOx (See for example 26 in Figure 2; Paragraphs 0017, 0026); the one or more absorptive layers is formed of an absorbing material that is selected from a group comprising: chromium, molybdenum, nickel, inconel, indium, palladium, osmium, tungsten, rhenium, iridium, rhodium, ruthenium, stainless steel, tantalum, titanium, copper, nickel, gold, platinum, any other platinum group metals, zirconium, vanadium, or AlSi alloys (See for example 22 in Figure 2; Paragraphs 0017, 0025); a rearview assembly including the above transflective concealment panel (See for example Figures 1-2).
Neuman additionally discloses a transreflective concealment panel (See for example Abstract; Figures 1-5, and in particular 10 in Figure 2; Figure 4) comprising a first side directed in a first direction having a first reflectance (See for example side of element 18 that includes 60, 76, light source in Figure 2; ‘Exterior Reflectance’ in Figure 4); a second side directed in a second direction opposite the first direction having a second reflectance that is less than the first reflectance (See for example side of element 18 that includes 14, viewer in Figure 2; ‘Interior Reflectance’ in Figure 4; wherein ‘Interior Reflectance’ is less than ‘Exterior Reflectance’ over the wavelength range of approximately 400nm-980nm); a transflective layer (See for example 30 in Figure 2) composed of a low refractive material that includes an index of refraction of less than or equal to about 2.0 (See for example Paragraphs 0017, 0027); a plurality of dielectric layers (See for example 26, 14 in Figure 2) disposed in the second direction relative the transflective layer, the plurality of dielectric layers including a refractive index between about 1.37 and about 4.00 (See for example Paragraphs 0017, 0020, 0026); and one or more absorptive layers (See for example 22 in Figure 2) interleaved with the plurality of dielectric layers, each of the one or more absorptive layers including a refractive index between about 1.0 and about 6.00 (See for example Paragraphs 0017, 0025). Neuman further discloses each of the one or more absorptive layers includes a thickness between about 0.5 nm and about 10 nm (See for example 22 in Figure 2; Paragraphs 0017, 0025); the refractive index of each of the one or more absorptive layers is between about 2.2 and about 4.8 (See for example 22 in Figure 2; Paragraphs 0017, 0025); the one or more absorptive layers is formed of an absorbing material that is selected from a group comprising: a metal, a metal oxide, or a metal nitride (See for example 22 in Figure 2; Paragraphs 0017, 0025); the low refractive material includes a metal that is doped (See for example 30 in Figure 2; Paragraphs 0017, 0027); the transflective layer is substantially monolithic (See for example 30 in Figure 2); and a rearview assembly including the above transflective concealment panel (See for example Figures 1-2).
Finally, Neuman additionally discloses a transreflective concealment panel (See for example Abstract; Figures 1-5, and in particular 10 in Figure 2; Figure 4) comprising a first side directed in a first direction having a first reflectance equal to or greater than 40% in an electromagnetic spectrum (See for example side of element 18 that includes 60, 76, light source in Figure 2; ‘Exterior Reflectance’ between approximately 395nm-545nm in Figure 4); a second side directed in a second direction opposite the first direction having a second reflectance that is equal to or less than 20% in the electromagnetic spectrum (See for example side of element 18 that includes 14, viewer in Figure 2; ‘Interior Reflectance’ in Figure 4; wherein ‘Interior Reflectance’ is less than ‘Exterior Reflectance’ over the wavelength range of approximately 395nm-545nm); a transflective layer (See for example 30 in Figure 2) composed of a low refractive material (See for example Paragraphs 0017, 0027); a first dielectric layer and a second dielectric (See for example 26, 14 in Figure 2) layer disposed in the second direction relative the transflective layer; and an absorptive layer (See for example 22 in Figure 2) disposed between the first dielectric layer and the second dielectric layer. Neuman further discloses the first reflectance and the second reflectance are in a visible region of the electromagnetic spectrum (See for example Figure 4; wherein ‘Interior Reflectance’ is less than ‘Exterior Reflectance’ over the wavelength range of approximately 395nm-545nm); and a rearview assembly including the above transflective concealment panel (See for example Figures 1-2).
Allowable Subject Matter
Claim 19 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Claim 19 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter:
Claim 19 is allowable over the cited art of record for at least the reason that the cited art of record fails to teach or reasonably suggest a transflective concealment panel as generally set forth in Claims 17, 19, the panel including, in combination with the features in Claims 17, 19, the first reflectance and the second reflectance are in an infrared region of the electromagnetic spectrum.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
U.S. Patent Application Publication US 2011/0019284 A1 to Hoeing- Semitransparent mirror with asymmetric reflectance for use in automobile rear-view mirrors.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ARNEL C LAVARIAS whose telephone number is (571)272-2315. The examiner can normally be reached M-F 10:30 AM-7 PM.
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ARNEL C. LAVARIAS
Primary Examiner
Group Art Unit 2872
7/23/2026
/ARNEL C LAVARIAS/Primary Examiner, Art Unit 2872
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