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 .
Election/Restrictions
Applicant’s election without traverse of Invention I, claims 1-7 and 9 in the reply filed on 09/21/2026 is acknowledged.
Claims 8 and 10-11 withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected inventions, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 09/21/2026.
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) 1-2 and 9 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Rosenthal (US5545274).
Regarding claim 1, Rosenthal teaches:
A method for manufacturing an artificial plant organ (col 1, ln 49-50), comprising the following steps:
preparing a multifunctional biaxially oriented polyester film (Fig 3: sheet material 50; col 2, ln 15-19; col 4, ln 22-32; mylar is a biaxially oriented polyester film); and
processing the multifunctional biaxially oriented polyester film into an artificial plant organ (Fig 3-8: artificial flower 60; col 4, ln 22-60).
Regarding claim 2, Rosenthal teaches the method of claim 1.
Rosenthal further teaches wherein the artificial plant organ comprises an artificial root, an artificial stem, an artificial leaf, an artificial flower, an artificial fruit, and an artificial seed (Fig 3-8: artificial flower 60; col 4, ln 22-60).
Regarding claim 9, Rosenthal teaches the method of claim 1.
Rosenthal further teaches assembling the artificial plant organ into the artificial plant (Fig 3-8; col 4, ln 22-60).
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.
Claim(s) 3 is/are rejected under 35 U.S.C. 103 as being unpatentable over Rosenthal as applied to claim 1 above, and further in view of Lish (US2419271).
Regarding claim 3, Rosenthal teaches the method of claim 1.
Rosenthal does not teach wherein after preparing the multifunctional biaxially oriented polyester film, the method further comprises: embossing the multifunctional biaxially oriented polyester film to form an uneven embossing on a surface of the multifunctional biaxially oriented polyester film.
In the same field of endeavor regarding artificial plants, Lish teaches embossing a planar material to form an uneven embossing on a surface of the planar material for the motivation of providing an decorative flowers having petal or leaf structures having greater durability and uniformity (Fig 1: veining 40; col 1, ln 1-43, ln col 3, ln 28-37).
It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to have modified the method as taught by Rosenthal with the embossing as taught by Lish in order to provide decorative flowers having petal or leaf structures having greater durability and uniformity.
Claim(s) 4-6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Rosenthal as applied to claim 1 above, and further in view of Ito et al. (US2012/0088112) hereinafter Ito and Hoerold et al. (US2023/0279221) hereinafter Hoerold.
Regarding claim 4, Rosenthal teaches the method of claim 1.
Rosenthal does not teach wherein preparing the multifunctional biaxially oriented polyester film comprises: preparing polyethylene terephthalate pellets; adding one or more additives to the polyethylene terephthalate pellets to prepare multifunctional polyethylene terephthalate pellets; and processing the multifunctional polyethylene terephthalate pellets into the multifunctional biaxially oriented polyester film.
In art attempting to solve the same problem of preparing biaxially oriented polyester films, Ito teaches preparing polyethylene terephthalate pellets; and processing the polyethylene terephthalate pellets into the multifunctional biaxially oriented polyester film ([0026, 0052-0055, 0075-0078]) for the motivation of producing a biaxially-oriented polyester film without causing any loss of productivity and quality of the film ([0001]).
It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to have modified the preparation of the multifunctional biaxially oriented polyester film as taught by Rosenthal with the preparation as taught by Ito in order to produce a biaxially-oriented polyester film without causing any loss of productivity and quality of the film.
Ito further teaches adding additives to the polyester resin forming the film ([0021, 0073]).
Rosenthal in view of Ito does not teach adding one or more additives to the polyethylene terephthalate pellets to prepare multifunctional polyethylene terephthalate pellets; and processing the multifunctional polyethylene terephthalate pellets into the multifunctional biaxially oriented polyester film.
In the same field of endeavor regarding films, Hoerold teaches forming modified pellets from pellets of PET and additives ([0099, 0111, 0117-0125, 0144, 0152]) for the motivation of attaining the high flame retardancy demands ([0001-0002]).
It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to have modified the method as taught by Rosenthal in view of Ito to prepare modified pellets as taught by Hoerold in order to attain the high flame retardancy demands.
Regarding claim 5, Rosenthal in view of Ito and Hoerold teaches the method of claim 4.
Ito further teaches wherein preparing the polyethylene terephthalate pellets comprises: processing a recycled product of polyethylene terephthalate material to obtain the polyethylene terephthalate pellets ([0054-0055]).
Regarding claim 6, Rosenthal in view of Ito and Hoerold teaches the method of claim 4.
Hoerold further teaches wherein the one or more additives are selected from the group consisting of: color powder, light stabilizer, antistatic agent, flame retardant, anti-UV agent, antioxidant, matting agent, brightener, foaming agent, color-changing agent, antibacterial agent and combinations thereof ([0099, 0144]).
Claim(s) 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Rosenthal as applied to claim 1 above, and further in view of Sifferlin et al. (US2021/0299585) hereinafter Sifferlin.
Regarding claim 7, Rosenthal teaches the method of claim 1.
Rosenthal further teaches wherein processing the multifunctional biaxially oriented polyester film into an artificial plant organ comprises: providing the multifunctional biaxially oriented polyester film in a desired shape to assemble into the artificial plant organ (Fig 3; col 4, ln 22-32).
Rosenthal does not teach cutting the multifunctional biaxially oriented polyester film.
Rosenthal is silent as to how to obtain the multifunctional biaxially oriented polyester film in the appropriate shape and size.
In the same field of endeavor regarding artificial plants, Sifferlin teaches forming components for an artificial tree by cutting out shapes from mylar/ biaxially-oriented polyethylene terephthalate.
It would be obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to have tried cutting as taught by Sifferlin for obtaining the multifunctional biaxially oriented polyester film in the appropriate shape and size as taught by Rosenthal and there would be a reasonable expectation of success since both references teach forming artificial plants from mylar/multifunctional biaxially oriented polyester films.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ALEXANDER A WANG whose telephone number is (571)272-5361. The examiner can normally be reached M-Th 8 am-4 pm EST.
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/ALEXANDER A WANG/Examiner, Art Unit 1741
/ALISON L HINDENLANG/Supervisory Patent Examiner, Art Unit 1741
