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 § 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.
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) 1-5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kondo USPA_20200032079_A1.
1. Regarding Claims 1-5, Kondo discloses a multilayer coating film comprising a first base coating film (corresponds to claimed second base layer) and a second base coating film (corresponds to claimed first base layer) wherein said first base coating film (corresponds to claimed second base layer) comprises a luster pigment (paragraph 0149). Kondo also discloses an intermediate coating film that can be laminated to said multilayer coating film (paragraph 0154). Kondo does not explicitly disclose the claimed transmission and lightness values explicitly. However, the Examiner respectfully submits that Kondo discloses the use of coloring pigments throughout its disclosure, as well as the use of white mica pigments (paragraph 0157), and black pigment too (paragraph 0155). The use of these kinds of pigments is well known in the art to affect a desired lightness and light transmittance values. It would have been obvious to one of ordinary skill in the art at the time the invention was filed to modify the concentration of the afore-mentioned pigments to arrive at a desirable value based on end-user specifications of the end-product. Applicants have not indicated how surprising and unexpected properties result from the claimed values. This applies equally to the claimed hue, chroma, and glitter texture values of instant Claims 2-5.
Claim(s) 1-11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Fujiwara USPA_20170001217_A1.
2. Regarding Claims 1-5, Fujiwara discloses making a multilayer coating film comprising a first base coating and a second base coating comprising photoluminescent pigment (corresponds to luster pigment) that has a light transmittance of 60 to 90% (Abstract). Fujiwara also discloses an intermediate coating film on said first base coating film (paragraph 0048). Fujiwara does not disclose the transmission value for its first base coating nor the claimed L* value for its intermediate layer. However, Fujiwara discloses use of white mica (paragraph 0051), coloring pigments (Abstract), black pigment (paragraphs 0038, 0049, 0165); wherein the use of these kinds of pigments is well known in the art to affect a desired lightness and light transmittance values. It would have been obvious to one of ordinary skill in the art at the time the invention was filed to modify the concentration of the afore-mentioned pigments to arrive at a desirable value based on end-user specifications of the end-product. Applicants have not indicated how surprising and unexpected properties result from the claimed values. This applies equally to the claimed hue, chroma, and glitter texture values of instant Claims 2-5.
2. Regarding Claim 6, Fujiwara discloses that said first base coating can have coloring pigment in an amount of 5 to 20% (paragraph 0050).
3. Regarding Claims 7 and 8, Fujiwara discloses using up to 0.01 to 10% of coloring pigment (paragraph 0019), of which can be carbon black (corresponds to black pigment) (paragraph 0049).
4. Regarding Claim 9, Fujiwara discloses using mica in said second base coating (Claim 4) that can be in an amount of up to 15% (claim 3).
5. Regarding Claims 10 and 11, Fujiwara discloses a clear coating on said second base coating (Abstract) as well as a clear coat in between first and second base coatings (paragraphs 0007, 0021).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TAHSEEN KHAN whose telephone number is (571)270-1140. The examiner can normally be reached Mondays-Saturdays 08:00AM-10:00PM.
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/TAHSEEN KHAN/Primary Examiner, Art Unit 1781 June 19, 2026
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