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 .
Status of Claims and Application
This non-final action on the merits is in response to the election of invention received by the office on 29 June 2026. Claims 1-10 are pending. Claim 1 is withdrawn as non-elected.
Election/Restrictions
Applicant’s election without traverse of the invention of group II (claims 2-10) in the reply filed on 29 June 2026 is acknowledged.
Claim 1 is withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 29 June 2026.
Claim Interpretation
Examiner notes that the elected claims are directed to a product and that the claimed product is described in terms of the process of making the product. Applicant is reminded that "even though product-by-process claims are limited by and defined by the process, determination of patentability is based on the product itself [emphasis examiner’s]. The patentability of a product does not depend on its method of production. If the product in the product-by-process claim is the same as or obvious from a product of the prior art, the claim is unpatentable even though the prior product was made by a different process." In re Thorpe, 777 F.2d 695, 698, 227 USPQ 964, 966 (Fed. Cir. 1985). See MPEP 2113 for guidance regarding product-by-process claim prosecution.
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) 2-10 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by U.S. Patent Application Publication 2005/0062185 to Marie-Christine Piedboeuf. (‘185 hereafter).
Regarding claim 2, ‘185 teaches a plastic article manufactured at least in part using a sheet of extruded material having color effects created at least in part by a process comprising: providing a flow of a first viscous material of a first color; providing a flow of a second viscous material of a second color different from the first color; combining in a predetermined pattern the flow of the first viscous material and the flow of the second viscous material to form a stream of combined viscous material, the stream comprising a first band of the first color and a second band of the second color, the second band being adjacent to the first band; feeding the stream of combined viscous material through a dynamic mixer configured for applying a dividing, overturning and combining motion to said stream of combined viscous material to partially mix the first viscous material and the second viscous material, such that such that upon exiting the dynamic mixer, the first material of the first color and the second material of the second color form a color pattern in the stream of combined viscous material, wherein said dynamic mixer has elements configured for acquiring a specific radial orientation in a range of radial orientations, said process comprising varying the specific radial orientation of the elements of the dynamic mixer during the applying of the dividing, overturning and combining motion to the stream of combined viscous material to cause variations in the color pattern in the stream of combined viscous material (Figs. 5B).
Regarding claim 3 ‘185 teaches a kayak manufactured at least in part using a sheet of extruded material having color effects created at least in part by a process comprising: providing a flow of a first viscous material of a first color; providing a flow of a second viscous material of a second color different from the first color; combining in a predetermined pattern the flow of the first viscous material and the flow of the second viscous material to form a stream of combined viscous material, the stream comprising a first band of the first color and a second band of the second color, the second band being adjacent to the first band; feeding the stream of combined viscous material through a dynamic mixer configured for applying a dividing, overturning and combining motion to said stream of combined viscous material to partially mix the first viscous material and the second viscous material, such that such that upon exiting the dynamic mixer, the first material of the first color and the second material of the second color form a color pattern in the stream of combined viscous material, wherein said dynamic mixer has elements configured for acquiring a specific radial orientation in a range of radial orientations, said process comprising varying the specific radial orientation of the elements of the dynamic mixer during the applying of the dividing, overturning and combining motion to the stream of combined viscous material to cause variations in the color pattern in the stream of combined viscous material (ABSTRACT, paragraph 0070).
Regarding claim 4 ‘185 teaches a plastic article comprising a extruded sheet made of a plurality of viscous materials of different colors, the sheet being formed into at least a portion of the plastic article and having a surface presenting color effects including color gradation effects resulting from combinations of the viscous materials, wherein sections of the extruded sheet taken along a longitudinal axis extending along the extruded sheet are characterized by undulating color bands oriented along a longitudinal extent of the sheet (Figs 6A).
Regarding claim 5, ‘267 teaches a plastic article wherein the plurality of viscous materials of different colors includes at least three viscous materials of different colors (paragraph 0073, Fig. 8 items 8061, 8061A-8061n).
Regarding claim 6, ‘185 teaches a plastic article wherein the sheet is comprised of two of more layers including at least two outer surface layers, and wherein at least one of said at least two outer surface layers is the surface presenting color effects resulting from the combinations of the viscous materials (paragraph 0073, Fig. 8 items 8061, 8061A-8061n , 8062-806n).
Regarding claim 7, ‘185 teaches a plastic article wherein the plastic article is a stand- up paddle board (ABSTRACT, paragraphs 0070).
Regarding claim 8, ‘267 teaches a plastic article as defined in claim 4, wherein the plastic article is a kayak (ABSTRACT, Paragraphs 0070).
Regarding claim 9, ‘185 teaches a sheet of extruded material made of a plurality of viscous materials of different colors, the sheet having a surface presenting color effects including color gradation effects resulting from combinations of the viscous materials, wherein sections of the extruded sheet taken along a longitudinal axis extending along the extruded sheet are characterized by at least one of: (i) undulating color bands oriented along a longitudinal extent of the sheet; and (ii) color bands diagonally oriented with reference to a longitudinal extent of the extruded sheet (Fig. 6A).
Regarding claim 10, ‘185 teaches a kayak comprising an extruded sheet made of a plurality of viscous materials of different colors, the sheet being formed into at least a portion of the kayak and having a surface presenting color effects including color gradation effects resulting from combinations of the viscous materials, wherein sections of the extruded sheet are characterized by color bands diagonally oriented with reference to a longitudinal extent of the extruded sheet (ABSTRACT, Paragraphs 0070-0073).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to John P Robitaille whose telephone number is (571)270-7006. The examiner can normally be reached Monday-Friday 8:30AM-6:00PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Galen Hauth can be reached at (571) 270-5516. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JPR/Examiner, Art Unit 1743
/GALEN H HAUTH/Supervisory Patent Examiner, Art Unit 1743
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