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.
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.
Regarding claim 1, Examiner generally finds the claim unclear and not precisely written. For example, in lines 4-13, Applicant recites various elements but also includes the recitation “and/or” three times and the recitation “or” twice”. It is unclear which elements are actually required and positively recited in the claim. For example, it appears that the claim requires “at least one electrical functional element integrated in the laminated pane which has at least one film with at least one functional surface” as recited in lines 4-5, but it is unclear what is required thereafter. After that recitation, Applicant recites “on which at least one functional layer with at least one electrical component is arranged, wherein at least one electrical module is formed on the functional surface and/or a decorative layer is formed on the film”. Is “at least one functional layer with at least one electrical component” required, or only optional because of the phrase “and/or”? If the at least one functional layer with at least one electrical component required, does it also require “at least one electrical module”, or is just optional? To add to the confusion, in line 9, Applicant again recites “and/or” followed by “which is or comprises at least one in-mold electronics component”. Does this mean that the at least one electrical functional element recited in line 4 does not require “at least one film with at least one functional surface”, but can alternatively have “at least one film with at least one functional surface” or be or comprises “at least one in-mold electronics component”? Or does the “and/or” in line 9 mean that the at least one electrical functional element recited in line 4 must have at least one film with at least one function surface, but can then optionally have “at least one functional layer with at least one electrical component”, “at least one electrical module”, “a decorative layer”, or “at least one in-mold electronics component”? Because of this uncertainty, the final recitation in lines 11-13 of “wherein the electrical module or the in-mold electronics component is at least partially arranged in a recess or cutout prefabricated for this purpose or in a setback of the inner pane and/or intermediate layer” might carry no patentable weight since the claim might not positively recite “the electrical module” or “the in-mold electronics” if only one of the four elements (i.e., “at least one functional layer with at least one electrical component”, “at least one electrical module”, “a decorative layer”, or “at least one in-mold electronics component”) are required.
For examination purposes, as best understood by Examiner and consistent with broadest reasonable interpretation guidelines, Examiner treats claim 1 as only requiring “A laminated pane having an outer pane with an outer side and an inner side and an inner pane with an outer side and inner side, which are bonded to one another via a thermoplastic intermediate layer, wherein at least one electrical functional element is integrated in the laminated pane which has at least one film with at least one functional surface”, then only requiring that the at least one film with at least one functional surface have at least one of: “at least one functional layer with at least one electrical component”, “at least one electrical module formed on the functional surface”, “a decorative layer formed on the film” and “at least one in-mold electronics component”. The further limitations in lines 11-13 would only be given patentable weight if the selected element is “at least one electrical module” or “at least one in-mold electronics component”. Claims 2-20 are rejected under 35 USC 112(b) at least based on their dependency on claim 1.
Additionally, regarding claims 5-6, Applicant recites that “the electrical functional element is at least one in-mold electronics component”. However, in claim 1, Applicant already recites that “the electrical functional element is integrated in the laminated pane which has at least one film with at least one functional surface” with an optional inclusion of “at least one in-mold electronics component” (line 10), but then recites in claim 5 that the electrical function element is itself at least one in-mold electronics component. This is a contradiction and confusing. Applicant appears to recite in claim 1 that the electrical functional element has at least one film with at least one functional surface which can optionally include an in-mold electronics component, but then in claim 5 simply recites that the electrical functional element is at least one in-mold electronics. Examiner asks Applicant to explain or otherwise amend.
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.
Claims 1-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Bauerle et al (US 2019/0134954).
Regarding claim 1, Bauerle discloses a laminated pane having an outer pane (generally 1) with an outer side and an inner side and an inner pane (generally 2) with an outer side and inner side, which are bonded to one another via a thermoplastic intermediate layer (generally 20), wherein at least one electrical functional element (at least 3,33,4) is integrated in the laminated pane which has at least one film 3 with at least one functional surface (at least lower surface of film 3) on which at least one functional layer (at least 33) with at least one electrical component 4 is arranged (see at least Figures 2-7 and paras [0158]-[0204]). As noted above, the remainder in the claim is not a positive recitation since “and/or” does not only requires one of the four structural limitations and Baurle discloses at least “at least one functional layer with at least one electrical component 4”.
Regarding claim 2, Bauerle discloses the limitations of claim 1, and further discloses wherein the electrical functional element 3 is formed with and/or connected to conductor tracks (at least 33), electrical circuits, operating elements, sensors antennas and/or integrated circuits (see at least Figures 2-7 and paras [0171]-[0184]).
Regarding claims 3-4, these recitations attempt to further limit “the electrical module”. However, as noted above, the electrical module recited in claim 1 is not positively recited, thus any further limitations are not given patentable weight.
Regarding claims 5-6, as noted above, the recitation that the electrical functional element is at least one in-mold electronics component does not make sense given that claim 1 already requires that the at least one electrical functional is integrated in the laminated pane which has a least one film with at least one functional surface. However, as best understood by Examiner, Bauerle discloses the limitations of claim 1, and further discloses wherein the electrical function element is at least one in-mold electronics component (at least 4) arranged in a cutout 20i prefabricated for this purpose or in a setback of the inner pane (see at least Figs. 2-2a).
Regarding claim 7, Bauerle discloses the limitations of claim 1, and further discloses wherein the electrical functional element (at least 3) is connected via a connection to a control unit and/or on-board electronics (see at least para [0109]).
Regarding claim 8, Bauerle discloses the limitations of claim 1, and further discloses the pane comprising at least one electrically switchable layer (at least 41) which is functionally connected to the electrical functional element 3 (see at least Fig. 7 and para [0200]; semiconductors are electrically switchable layers).
Regarding claim 9, Bauerle discloses the limitations of claim 1, and further discloses wherein the electrical functional element 3 is functionally connected to at least one electrically switchable component or module 4 (see at least Fig. 7 and para [0200]).
Regarding claim 10, Bauerle discloses the limitations of claim 1, and further discloses the pane comprising one or more functional layers (any of 15; see Figs.2-7).
Regarding claim 11, Bauerle discloses a method of producing a laminated pane according to claim 1, comprising: providing at least one electrical functional element, wherein the functional element has at least one film, in particular a PE/PC film, with at least one functional surface on which at least one functional layer with at least one electrical component is arranged, wherein at least one electrical module is formed on the functional surface and/or a decorative layer is formed on the film and/or the electrical functional element is or comprises at least one in-mold electronics component providing a stacking sequence comprising an outer pane, an inner pane, at least one thermoplastic film arranged therebetween to form the thermoplastic intermediate layer and the at least one electrical functional element, wherein the at least one electrical functional element is arranged in the stacking sequence in such a way that the electrical module or the in-mold electronics component is arranged at least partially in a recess, or cutout prefabricated for this purpose or in a setback of the inner pane and/or the intermediate layer laminating the stack sequence to form a laminated pane (see rejection of claim 1 above and at least Figures 2-7 and paras [0158]-[0204]).
Regarding claim 12, Bauerle discloses a method comprising providing a laminated pane according to claim 11, wherein the electrical functional element 3 is formed or connected with a system-in-chip 4 or a system-on-chip 4 and wherein the chip is arranged in a recess, a cutout or a setback 20i of the inner pane and/or the intermediate layer 20 (see at least Figures 2-7).
Regarding claim 13, Bauerle discloses a method comprising providing a laminated pane according to claim 11 wherein at least one electrically switchable layer 41, an intermediate layer 20 with acoustically damping properties are formed (see at least Fig. 7 and paras [0030] and [0200]).
Regarding claim 14, Bauerle discloses a method comprising providing a laminated pane according to claim 11, wherein the electrical functional element 3 is connected via connections 33, bus condcutors to one or more further electrical functional elements 4, electrically switchable layers, to a control unit and/or the on-board electronics (see at least Figs. 2-7).
Regarding claim 15, Bauerle discloses a method comprising providing a laminated pane according to claim 1 in a vehicle for traffic on land, in the air or on water (see at least Figure 1 and para [0131]).
Regarding claim 16, Bauerle discloses the limitations of claim 1, and further discloses wherein the laminated pane is a vehicle pane (see at least Figure 1 and para [0131]).
Regarding claim 17, Bauerle discloses the limitations of claim 7, and further discloses wherein the electrical functional element 3 is connected via a data connection to a control unit and/or the vehicle electronics (see at least para [0109]).
Regarding claim 18, Bauerle discloses the limitations of claim 8, and further discloses wherein the at least one electrically switchable layer 41 is a PDLC layer, an LC layer, an electrochromic layer, a luminescent layer, or a layer with SPD or guest host technology (see at least Fig. 7 and para [0200]).
Regarding claim 19, Bauerle discloses the limitations of claim 9, and further discloses wherein the electrical functional element 3 is functionally connected to electrical circuits 33, operating elements sensors, antennas, imaging and image recording or acoustic modules or light elements 4 (see at least Fig. 2).
Regarding claim 20, Bauerle discloses the limitations of claim 10, and further discloses the functional intermediate layer 4 has acoustically damping properties (see at least paras [0030]-[0031]; acoustic PVB).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Masaki et al US 2015/0165965 (glazed roof)
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SEAN P GRAMLING whose telephone number is (571)272-9082. The examiner can normally be reached Monday-Friday 8:30am-5pm EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Abdulmajeed Aziz can be reached at (571) 270-5046. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/SEAN P GRAMLING/ Primary Examiner, Art Unit 2875
