throbber
129. Claim 28 is anticipated by Dunning or would have been obvious in
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`view of Dunning alone or in combination with Ohta. Claim 28 recites “. .
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`. the
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`adhesive layer is tinted.” Dunning discloses this limitation because it states that:
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`To maximize the desired continuous bright reflective effect of
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`the metallized layer 18, a variety of means can be used to reinforce the
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`opacity of the metallized layer. For example, the adhesive layer 20
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`may include a black pigment, white pigment, or aluminum flakes to
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`provide the necessary opaque undersurface for the reflective metal
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`layer 18.
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`Col. 5:13-19. One of ordinary skill in the art would have understood that black
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`pigments, white pigments, or aluminum flakes tint Dunning’s adhesive layer to the
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`extent the opacity of metallized layer is adjusted.
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`130. Claim 29 would have been obvious in View of Dunning alone or in
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`combination with Wade or further in View of Ohta. Claim 29 recites “. .
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`. at least
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`one of said thermoplastic layers is tinted with a dye.” Tinting a thermoplastic layer
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`using a dye was Well known in this art. For example, Wade states that “[i]t is an
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`object of the present invention to provide a part for a vehicle, be it exterior or
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`interior, having a weather sealed mirror finish decorative portion integral
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`therewith.” Col. 2: 16-18. Wade discloses a laminate structure including a first
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`polymer layer 20, a metal layer 26, an adhesive layer 30, and a second polymer
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`layer 40. Col. 4:23-29; 5:53-6:39; FIGS. 1-2. The first polymer layer may be
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`polyester. Col. 4:8—15. The metal is aluminum or other metals. Col. 4:56-59.
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`discloses: “Different pigments, such as metallic or pearlescent pigments, can be
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`included in adhesive 30 in addition to micronized titanium oxide, fluorescent
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`pigments or graphite. Additionally, other dye, coloring or pigment materials can
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`5
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`be included to provide the desired color and appearance to vehicle part 10.” C01.
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`5:67—6:6 (emphasis added). It would have been obvious to use Wade’s dye to tint
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`Dunning’s thermoplastic layer because both Dunning and Wade are directed to
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`decorative automobile trim and Dunning discloses tinting of its decorative trim and
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`Wade discloses one way of doing so, i.e., tinting the thermoplastic layers with dye.
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`131. Claim 30 would have been obvious in view of Dunning alone or in
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`combination with Wade or further in view of Ohta. Claim 30 recites “. .
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`. either of
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`said first or second thermoplastic layers includes carbon black.” Tinting a
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`thermoplastic layer using carbon black was well known in this art.
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`132. For example, Wade disclosed tinting a thermoplastic layer with
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`carbon black.
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`Advantageously, adhesive 30 is colored or pigmented, to match
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`or complement either the interior or exterior colors of the car.
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`Different pigments, such as metallic or pearlescent pigments, can be
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`included in adhesive 30 in addition to micronized titanium oxide,
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`fluorescent pigments or graphite. Additionally, other dye, coloring or
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`pigment materials can be included to provide the desired color and
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`appearance to vehicle part 10.
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`C01. 526-626 (emphasis added). A person of ordinary skill in the art would
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`understand that the “graphite” in this context means carbon back, as explained in
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`the Kuwahara section. It would have been obvious to use graphite to tint the
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`thermoplastic layer given that the adhesive in Wade is tinted with graphite.
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`133. Claim 31 would have been obvious in View of Dunning alone or in
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`combination with Ohta. Claim 31 recites “. .
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`. the first and second thermoplastic
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`layers predominantly include different thermoplastic polymer components.” As
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`explained with respect to claim 1, Dunning teaches attaching its laminate to a
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`bumper. Ohta discloses a bumper formed from thermoplastic layers. Specifically,
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`Ohta discloses a bumper in which the outer layer of the bumper is made of the
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`thermoplastics PET or ABS. Ohta, Table 1 and 2. Accordingly, one of ordinary
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`skill in the art would have understood that Dunning in combination with Ohta
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`discloses this limitation because Dunning’s first thermoplastic layer is made of
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`polyurethane and when attached to Ohta’s bumper, which is made of PET or ABS,
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`Dunning in combination with Ohta disclose “. .
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`. the first and second thermoplastic
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`layers predominantly include different thermoplastic polymer components.”
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`134. Claim 32 would have been obvious in View of Dunning alone or in
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`combination with Ohta. Claim 32 recites “. .
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`. said metal islands preferentially
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`Exhibit 1017
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`adhere to one of the two thermoplastic layers.” As explained with respect to claim
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`31, Dunning and Ohta disclose first and second thermoplastic layers made of
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`different materials.
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`I have already explained that all materials have a different
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`affinity to each other in part due to their different surface tensions, in the
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`Kuwahara section. Accordingly, one of ordinary skill in the art would have
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`understood that Dunning in combination with Ohta discloses this limitation.
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`135. Claim 33 is anticipated by Dunning or would have been obvious in
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`View of Dunning alone or in combination with Ohta. Claim 33 recites “. .
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`. said
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`composite is supported by a substrate.” Dunning discloses this limitation because
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`Dunning discloses a type of substrate, a carrier: “Referring to FIG. 1, an
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`elastomeric laminate 10 according to this invention includes a carrier sheet 12
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`having a release coat 14 overlying the carrier sheet.” See FIG. 1, col. 4:12-14
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`(emphasis added).
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`WIIIIIIIIIIIIIIIJ
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`6
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`136. Further, it was known in the art that thermoplastic laminates can be
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`supported by a substrate.
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`137. Claim 34 would have been obvious in view of Dunning alone or in
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`combination with Ohta. Claim 34 recites “. .
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`. said composite is folded.” Dunning
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`states that:
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`Exhibit 1017
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`Referring to FIG. 1, an elastomeric laminate 10 according to
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`this invention includes a carrier sheet 12 having a release coat 14
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`overlying the carrier sheet. A layer 16 of synthetic resinous
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`elastomeric material, such as polyurethane, is coated over the release
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`coating 14 to form a relatively thin, continuous, planar flexible and
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`Col. 4: 12-19 (emphasis added). Accordingly, Dunning discloses folding its
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`composite film.
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`138. Claim 35 would have been obvious in view of Dunning alone or in
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`foldable elastomeric film or skin coat after the coating sets. .
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`combination with Moran or further in combination with Ohta. Claim 35 recites “. .
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`. said composite is embossed.” Embossing was well known. Moran is directed to
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`decorative trim for automobiles similar to those in Dunning. Col. 1:11-14. Moran
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`discloses embossing at col. 1:21-31, as explained above. It would have been an
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`obvious design choice to use Moran’s embossing in Dunning.
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`139. Claim 36 is anticipated by Dunning or would have been obvious in
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`View of Dunning or in combination with Ohta. Claim 36 recites “. .
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`. said
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`composite is molded.” Dunning discloses this limitation because it states that
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`“FIGS. 6 and 7 show a preferred means for integrally bonding the laminate 36 to
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`having an elastomeric reflective metal surface.” Col. 6:36-54. (emphasis added).
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`;
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`an injection—molded article.
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`65
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`It also states that:
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`The result is a molded urethane rubber article 48
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`The article shown in FIG. 4 also can be injection-molded in
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`much the same way as shown in FIGS. 6 and 7. In this instance, the
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`adhesive layer 20 can be replaced with a primer layer which is
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`compatible with the material from which the laminate and the molded
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`article are made to control the bond between the injection-molded
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`plastic and the metal or opaque layer of the laminate. Typical primer
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`layers include thermoplastic polyurethane, ABS, or acrylic coatings,
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`or Union Carbide’s VMCH vinyl resin.
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`Col. 727-16. In addition, this limitation would have been obvious in View of
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`Dunning and Ohta since Ohta’s bumper, which can correspond to the second
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`thermoplastic layer, is molded. Abstract.
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`Parker
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`140. Claims 1-3, 8, 10, 16-19, 21 and 25-36 are obvious in view of Parker
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`and Applicant’s Admitted Prior Art (AAPA) or Eisfeller in combination with
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`additional references.
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`141. Claim 1 recites:
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`1.
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`A metallized composite, comprising: a) a first thermoplastic
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`layer; b) a discontinuous layer on said first layer, said discontinuous layer
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`including discrete islands of metal in an adhesive; and c) a second
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`thermoplastic layer, said discontinuous layer being between said first and
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`second thermoplastic layers.
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`142. As explained below, Parker discloses a composite film that includes a)
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`a first thermoplastic layer; b) a metal layer on said first layer; and c) a second
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`Exhibit 1017
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`thermoplastic layer, said metal layer being between said first and second
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`thermoplastic layers. Although Parker does not state that its metal layer is
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`discontinuous, Parker does not teach away from using a discontinuous metal layer,
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`and AAPA and Eisfeller both disclose using a discontinuous metal layer including
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`discrete islands of metal. Using this layer in Parker would create “a discontinuous
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`layer on said first layer, said discontinuous layer including discrete islands of metal
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`in an adhesive.” As detailed below, it would have been obvious to one of ordinary
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`skill in the art to use AAPA’s or Eisfeller’s discontinuous metal layer in the
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`composite film of Parker. Following is also a detailed explanation of how Parker
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`and AAPA or Eisfeller and additional prior art render obvious claims 1-3, 8, 10,
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`16-19, 21 and 25-36.
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`143. Parker discloses “a metallized composite” because Parker is directed
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`CC
`to .
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`.
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`. reflective decorative laminates.” Col. 1:6-9. These laminates can be used
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`as vehicle parts, such as bumpers, side trims and grills. Col. 1:14-22. Parker’s
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`laminate includes a base layer 12, metal coatings 14 and 16 deposited on both sides
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`of base layer 12, a capping layer 18 and a backing layer 22. C01. 4:58-63, 5:26-30,
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`and 6:54-57. See also FIG. 1 below.
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`67
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`144. Parker discloses “a first thermoplastic layer” because the base layer 12
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`may include polyethylene terephthalate (PET) or acry1onitrile—butadiene-styrene
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`(ABS) resins. Col. 4:30-42. A PET layer and an ABS layer are both thermoplastic
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`layers.
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`145. Parker discloses a metal layer 14 on the first thermoplastic layer 12.
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`With respect to “a discontinuous layer on said first layer,” it would have been
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`obvious to one of ordinary skill in the art to use the discontinuous metal layer of
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`AAPA or Eisfeller as a known substitute for Parker’s metal layer, as explained
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`below.
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`146. Parker is directed to reflective decorative laminates for automobiles,
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`as explained above. Parker’s preferred metal for metallization is aluminum. “The
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`metal layers may be applied by conventional techniques, such as vapor deposition,
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`and may include chromium, nickel, iron, aluminum, and others, with aluminum
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`preferred.” Col. 2:67—3:2. Applicant’s Admitted Prior Art (AAPA) of the ’ 138
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`patent discloses that using a discontinuous metal layer as the metal layer in a
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`metallized film can help overcome corrosion problems. “One attempt to reduce the
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`likelihood of delamination and loss of appearance resulting from corrosion of the
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`metal layer has been to form a discontinuous metal layer on a polymer basecoat,
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`such as a resinous urethane.” The ’ 138 patent, col. 1:24-27. Like Parker, the ’ 138
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`patent is directed to “decorative chrome parts, especially in the automotive
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`Exhibit 1017
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`industry.” The ’l38 patent, col. 129-1 1. It would have been obvious to one of
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`ordinary skill in the art to use a discontinuous metal layer in accordance with the
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`AAPA in Parker’s metallized composite in order to improve corrosion resistance of
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`the decorative films of automobiles.
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`147.
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`In addition, claim 1 is obvious in View of Parker and Eisfeller.
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`Eisfeller discloses a discontinuous metal layer on a first thermoplastic layer. The
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`discontinuous metal layer is used to improve corrosion resistance of the metallized
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`composite. “This product is particularly useful in the automotive applications as an
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`automobile exterior trim component to replace heavier and more expensive
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`conventional chrome-plated metal parts.” Col. 4:60-63.
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`The present invention is based on the finding that with a thin
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`vacuum metallized layer if the metal layer as it is being deposited or
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`coalesced into electrically discrete islands and maintained electrically
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`non-conductive, the metal layer is corrosion resistant if adequately
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`topcoated even though the metal is one that is corrosion prone such as
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`indium. The metal film is non-conductive as deposited because the
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`metal nuclei initially deposited from the vapor phase are allowed to
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`grow in molten phase only to a discrete island stage with the particles
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`being electrically isolated from one another. The coating is kept quite
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`thin and there is insufficient metal deposited to bring about a bridging
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`or coalescence of the metal particles and formation of an electrically
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`conductive film. .
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`Exhibit 1017
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`Col. 4:64-col. 5:10. The metals for the metal film include aluminum and indium.
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`Col. 6:23-28.
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`148. Eisfeller further states:
`
`In general, the coalesced islands forming the indium films of
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`the present invention are smaller and there is a much greater spacing
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`between them that can be filled with the resin of the top coating, in
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`effect encapsulating the islands and binding them to the substrate
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`surface. The rounded islands are better protected by the resin and the
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`film over all is far more corrosion resistant, surprisingly so. The metal
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`film is much more securely adhered to the substrate--a very significant
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`advantage. The appearance of the globular island product is better--it
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`is more specular, more reflective.
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`Col. 2:52-62.
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`149. Both Parker and Eisfeller are directed to decorative metalized
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`laminate trim for automobiles to replace chrome-plated metal parts. Parker
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`acknowledged that corrosion and delamination were problems with metallized
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`films. Col. 1:63-2:2, 2:31-34. Eisfeller discloses that the use of a discontinuous
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`structure for the metal layer improves corrosion resistance and adhesion between
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`the metal layer and the base thermoplastic layer. Accordingly, a person of ordinary
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`skill in the art would have used Eisfeller’s discontinuous metal layer as the metal
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`layer in Parker to improve corrosion resistance and increase adhesion of the metal
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`layer. This would be applying a known technique (Eisfeller’s discontinuous
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`Exhibit 1017
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`metallized layer) to a known device (Parker’s laminate) ready for improvement to
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`yield predictable results.
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`150. Accordingly, Parker in combination with AAPA or Eisfeller render
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`obvious “said discontinuous layer including discrete islands of metal in an
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`adhesive” in claim 1. Parker’s discontinuous metal layer is attached to the capping
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`layer using an adhesive. “Capping layer 18 is adhesively bonded to metal coating
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`14 by a pressure and heat sensitive elastomeric adhesive coating 20.” C01. 5:58-
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`60. Using Eisfeller’s or AAPA discontinuous metal layer as the metal layer in
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`Parker would produce discrete islands of metal in Parker’s adhesive coating 20.
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`151. Parker discloses “a second thermoplastic layer” because it states that
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`“[l]ayer 18 may thus be prepared from a material selected from the group
`
`consisting of fluorinated vinyl-polymers, fluorinated polyolefins, and polyesters
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`treated for resistance to ultra-violet radiation. In particular, capping layer 18 may
`
`comprise a polyvinylfluoride, generally available and manufactured by DuPont
`
`under the name ‘Tedlar.”’ Id. at col. 5:48-54. These layers are thermoplastic
`
`layers. Parker also discloses “said discontinuous layer being between said first and
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`second thermoplastic layers” because in Parker’s laminate, a metal coating 14 is
`
`between a base layer 12 and a capping layer 18, as explained above.
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`152. Claim 2 would have been obvious in view of Parker in combination
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`with AAPA or Eisfeller. Claim 2 recites, “. .
`
`. said first and second thermoplastic
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`Exhibit 1017
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`(
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`layers are laminated together.” Parker discloses this limitation because Parker’s
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`first thermoplastic layer 12 and second thermoplastic layer 18 are laminated
`
`through adhesive layer 20. See 1.1-1.5, and FIG. 1.
`
`153. Claim 3 would have been obvious in View of Parker in combination
`
`with AAPA or Eisfeller. Claim 3 recites “. .
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`. at least one of the thermoplastic
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`layers includes polyethylene terephthalate.” Parker discloses this limitation
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`because it states that:
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`The base layer 12 is preferably prepared from a non—oriented
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`film selected from the group consisting of amorphous polyester resins,
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`polycarbonate resins, substituted and unsubstituted vinyl polymers,
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`and their copolymers. More particularly, the amphorous polyesters
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`include acrylonitrile—butadiene—styrene resins, the vinyl polymers may
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`include polyvinylchloride homo- or copolymers as Well as other
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`:
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`8
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`5
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`5
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`materials.
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`may include polyethylene terephthalate, the polycarbonates may
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`commercially available Vacuum formable or thermo-formable
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`7
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`Col. 4:33-42 (emphasis added).
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`154. Claim 8 would have been obvious in View of Parker in combination
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`with AAPA or Eisfeller. Claim 8 recites “. .
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`. the first thermoplastic layer includes
`
`acrylonitrile butadiene styrene.” Parker discloses this limitation because Parker’s
`
`base layer 12 can be made of acrylonitrile butadiene styrene. See the passage of
`
`Parker reproduced above with respect to claim 3.
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`Va_386108
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`Exhibit 1017
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`155. Claim 10 would have been obvious in View of Parker in combination
`
`with AAPA or Eisfeller. Claim 10 recites “. .
`
`. the first thermoplastic layer
`
`includes thermoplastic olefin.” Olefin is one of the most common materials used
`
`to make thermoplastic films. Eisfeller discloses using a thermoplastic olefin layer
`
`as a layer for the metallization. Col. 6: 64-68. Eisfeller, like Parker, uses
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`aluminum for the metallization. Both Parker and Eisfeller are directed to
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`decorative metalized laminate trim for automobiles to replace chrome—plated metal
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`parts. Both use the same metal for metallization. Accordingly, it would have been
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`obvious for a person of ordinary skill in the art to use Eisfeller’s thermoplastic
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`olefin as the first thermoplastic layer in Parker as a known alternate with an
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`expected result.
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`156. Claim 16 would have been obvious in View of Parker in combination
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`with AAPA or Eisfeller. Claim 16 recites “. .
`
`. said adhesive includes at least one
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`component selected from the group consisting of styrene—butadiene copolymers,
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`ethylvinyl acetates, polyesters, polyamides, acrylic pressure—sensitive adhesives,
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`silicone pressure—sensitive adhesives, polyurethanes and isocyanate—crosslinked
`
`polymers.” Parker discloses this limitation because Parker states that “[c]apping
`
`layer 18 is adhesively bonded to metal coating 14 by a pressure and heat sensitive
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`elastomeric adhesive coating 20.” C01. 5:58-60. “The adhesive coating 20 may be
`
`a composition such as a silicone resin or an appropriate acrylic polymer, and is
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`Va_386108
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`Wavelock
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`Exhibit 1017
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`preferably the former.” Id. at 6: 1-4. In other words, Parker’s silicone adhesive and
`
`acrylic adhesive are pressure sensitive. Further, I have explained with respect to
`
`Kuwahara, the adhesives recited in claim 16 were well—known adhesives for
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`thermoplastic laminates in the art.
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`/
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`-
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`157. Claim 17 would have been obvious in View of Parker in combination
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`with AAPA or Eisfeller. Claim 17 recites “. .
`
`. the adhesive is a thermally
`
`activated adhesive.” Parker discloses this limitation because it states that
`
`“[c]apping layer 18 is adhesively bonded to metal coating 14 by a pressure and
`
`heat sensitive elastomeric adhesive coating 20.” Col. 5:58-60. Parker’s adhesive
`
`is a thermally activated adhesive because it is heat sensitive.
`
`158. Claim 18 would have been obvious in View of Parker in combination
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`with AAPA or Eisfeller or further in View of Igarashi. Claim 18 recites “. .
`
`. the
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`adhesive includes two components.” Adhesives including multiple components
`
`were well—known in this art, as I already explained in the Kuwahara section.
`
`159.
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`Igarashi discloses an adhesive for metalized films and plastic films.
`
`In one embodiment, a PET film is metallized. Col. 7:46-53. The metallized film
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`composites made by Igarashi’s adhesive are for “application in decorative
`
`materials , electrical industry. .
`
`. .” Col. 1:17-19. The metals for metallization are
`
`aluminum, nickel, chrome and their alloys. Col. 1:8-16. Igarashi’s adhesive
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`includes “(A) a polyester polyol, polyester polyurethane polyol or their mixture,
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`:
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`8
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`5
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`Va_386108
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`74
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`:
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`8
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`5
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`7
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`Wavelock
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`Exhibit 1017
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`(B) a silane coupling agent, (C) a vinyl—chloride copolymerization resin, (D) a
`
`diene synthetic rubber and (E) an organic polyisocyanate.” Col. 2:3—8 (emphasis
`
`
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`.
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`
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`8
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`because both adhesives are used for metallized PET films and the applications for
`
`both Parker and Igarashi include decorative trim. Having Eisfeller’s discontinuous
`
`would have been an obvious design modification to one of ordinary skill in the art,
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`added); see also Table 1. Replacing Parker’s adhesive with Igarashi’s adhesive
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`metal layer would allow bonding of the PET layer directly to the adhesive, instead
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`of only to the metal layer. This would further reduce the potential of delamination.
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`160. Claims 19 and 21 would have been obvious in view of Parker in
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`combination with AAPA or Eisfeller or further in View of Dani. Claim 19 recites
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`“. .
`
`. the adhesive includes polyester and isocyanate,” and claim 21 recites “. .
`
`. the
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`adhesive includes polyurethane and isocyanate.” The multi-component adhesives
`
`recited in claims 19 and 21 were Well-known in the art. Igarashi discloses the
`
`limitations of claim 19 and the limitations of claim 21. See Igarashi’s five-
`
`component adhesive above with respect to claim 18.
`
`(
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`
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`
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`•
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`161. Dani also discloses a multi-component adhesive. Dani discloses a
`
`laminate film including a polyester film layer 10, a metallized layer 11, an
`
`adhesive layer 13, and a vinyl film layer 20. Col. 2:51-3:7, and FIG. 1. The
`
`polyester film may be PET. Col. 8:39-44. The adhesive includes polyester and
`
`isocyanate. Col. 4:63-68, and 5:45-47. “In accordance with the present invention,
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`Va_386108
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`75
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`Exhibit 1017
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`a novel metalized resin film——containing laminate of improved weathering
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`properties and enhanced resistance to delamination is obtained by employing as an
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`adhesive bond between said film and the film layer next adjacent the metalized
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`162. Parker’s first thermoplastic layer can be PET. Parker’s second
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`:
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`8
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`5
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`7
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`thermoplastic layer can be polyvinyl chloride film (PVC). Replacing Parker’s
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`surface, a specially developed in-situ formed polyester-isocyanate polyurethane.”
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`Col. 2:5-ll (emphasis added).
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`:
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`9
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`5
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`adhesive with Dani’s adhesive would have been an obvious design modification to
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`one of ordinary skill in the art based on a known alternate, because Dani is used to
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`join the same polymer materials (PET and a PVC) to form the same structure of
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`PET layer/metal layer/ adhesive layer/ PVC layer.
`
`163. Claim 25 would have been obvious in view of Parker in combination
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`with Eisfeller. Claim 25 recites “. .
`
`. said metal is indium.” Eisfeller explains that
`
`indium is a preferred metal for a reflective discontinuous metal layer. “With some
`
`metals, such as aluminum and silver it is impossible at a practical temperature, to
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`vacuum deposit sufficient metal to give the desired opacity and reflectivity and not
`
`to deposit so much as secure film electrical conductivity, i.e. bridging between the
`
`metal islands.” Col. 5:21-25. “The appearance of an indium layer deposited
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`according to this invention and top coated approximates that of electroplated
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`chrome.” Col. 5:35-37.
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`Va_386108
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`Wavelock
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`Exhibit 1017
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`. It is to be noted that all of the metal films except that of indium
`
`became conductive at a light transmission far too high to be useful for
`
`the decorative usage purposes of this invention, i.e. for automobile
`
`bright trim. Also note that the indium film remained nonconductive
`
`and relatively opaque over a range of organic substrate types.
`
`Example 4, col. 12:49-55. It would have been an obvious design choice to one of
`
`ordinary skill in the art to use Eisfeller’s indium layer in Parker’s laminate in order
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`to achieve better decorative appearance than the aluminum layer of Parker.
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`164. Claim 26 would have been obvious in View of Parker, in combination
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`with AAPA or Eisfeller. Claim 26 recites “. .
`
`. said metal is selected from the
`
`group consisting of zinc, tin, gallium, aluminum, cadmium, copper, nickel, cobalt,
`
`iron, stainless steel, gold, platinum, chromium, nichrome, palladium, and
`
`rhodium.” Parker discloses this limitation because it states that “[t]he metal layers
`
`may be applied by conventional techniques, such as vapor deposition, and may
`
`include chromium, nickel, iron, aluminum, and others, with aluminum preferred.”
`
`Col. 2:67-3:2.
`
`165. Claim 27 would have been obvious in View of Parker, in combination
`
`with AAPA or Eisfeller, and Wade. Claim 27 recites “. .
`
`. at least one of said
`
`thermoplastic layers is tinted.” Tinting of a thermoplastic layer was well known in
`
`this art. For example, Wade discloses tinting of thermoplastic layers. Similar to
`
`Parker, Wade discloses a laminate structure including a first polymer layer 20, a
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`Va_386108
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`Wavelock
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`Exhibit 1017
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`metal layer 26, an adhesive layer 30, and a second polymer layer 40. Col. 4:23-29,
`
`5:53-6:39, and FIGS. land 2. Wade is also directed to automotive decorative parts.
`
`Col. 1:10-13.
`
`multilayer coatings such as polyvinylchloride with acrylic overlayer, can be
`
`
`
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`-
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`states that “[w]hile Wide-spread employment of resinous materials exists, their use
`
`166. Wade states that “[t]hese polymers can be clear or tinted. Moreover,
`
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`+
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`employed as polymeric material 20.” Col. 4: 10-13 (emphasis added). Parker
`
`has been primarily in the instance where pigmented non-reflective hardware such
`
`as bumpers, and the like, is acceptable in the design of the vehicle.” Col. 1:22-25.
`
`It would have been an obvious design choice to one of ordinary skill in the art to
`
`apply Wade’s tinting in Parker’s laminate in View of application of Parker’s
`
`teaching that its laminate can be applied to colored bumpers.
`
`167. Claim 28 would have been obvious in View of Parker, in combination
`
`with AAPA or Eisfeller, and Wade. Claim 28 recites “. .
`
`. the adhesive layer is
`
`tinted.” Wade states that:
`
`Advantageously, adhesive 30 is colored or pigmented, to match
`
`or complement either the interior or exterior colors of the car.
`
`Different pigments, such as metallic or pearlescent pigments, can be
`
`included in adhesive 30 in addition to micronized titanium oxide,
`
`fluorescent pigments or graphite. Additionally, other dye, coloring or
`
`pigment materials can be included to provide the desired color and
`
`appearance to vehicle part 10.
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`Va_386108
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`78
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`Wavelock
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`Exhibit 1017
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`Col. 5:66—6:6. Adding pigments, graphite, dye, coloring materials or oxides to an
`
`adhesive would result in tinting of the adhesive. It would have been an obvious
`
`design choice to one of ordinary skill in the art to apply Wade’s tinting in Parker’s
`
`laminate in View of application of Parker’s teaching that its laminate can be applied
`
`to colored bumpers.
`
`168. Claim 29 would have been obvious in View of Parker, in combination
`
`with AAPA or Eisfeller, and Wade. Claim 29 recites “. .
`
`. at least one of said
`
`thermoplastic layers is tinted with a dye.” Tinting a thermoplastic layer using a
`
`dye was well known in this art. For example, Wade states that “[d]ifferent
`
`pigments, such as metallic or pearlescent pigments, can be included in adhesive 30
`
`in addition to micronized titanium oxide, fluorescent pigments or graphite.
`
`Additionally, other dye, coloring or pigment materials can be included to provide
`
`the desired color and appearance to vehicle part 10.” 5:67-6:6 (emphasis added).
`
`-
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`5
`
`Wades’ thermoplastic layers are tinted. 4:12-15. It would have been obvious to
`
`use Wade’s dye to tint Parker’s thermoplastic layer because both Parker and Wade
`
`are directed to decorative automobile trim and Parker discloses tinting of its
`
`decorative trim and Wade discloses one way of doing so, i.e., tinting the
`
`thermoplastic layers by a dye.
`
`169. Claim 30 would have been obvious in View of Parker, in combination
`
`with AAPA or Eisfeller, and Wade. Claim 30 recites “. .
`
`. either of said first or
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`Va_386108
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`Wavelock
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`Exhibit 1017
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`second thermoplastic layers includes carbon black.” Tinting a thermoplastic layer
`
`using carbon black was well known in this art. For example, Wade states:
`
`Advantageously, adhesive 30 is colored or pigmented, to match
`
`or complement either the interior or exterior colors of the car.
`
`Different pigments, such as metallic or pearlescent pigments, can be
`
`included in adhesive 30 in addition to micronized titanium oxide,
`
`pigment materials can be included to provide the desired color and
`
`B
`
`

`
`
`
`:
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`Col. 5:66-6:6 (emphasis added). Wade discloses tinting a thermoplastic layer with
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`fluorescent pigments or graphite. Additionally, other dye, coloring or
`
`appearance to vehicle part 10.
`
`7
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`+
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`
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`graphite, which means carbon black in this context, as explained in the Kuwahara
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`section. Parker discloses tinted decorative laminates. Col.l:22—25. It would have
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`been obvious to use graphite to tint Parker’s thermoplastic layer given that the
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`adhesive in Wade is tinted with graphite.
`
`170. Claim 31 would have been obvious in View of Parker, in combination
`
`with AAPA or Eisfeller

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