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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 15 December 2025 has been entered.
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claims 1, 3, and 5-18 are rejected under 35 U.S.C. 103 as being unpatentable over Niwa et al. (US 20170218232 A1) (previously cited) in view of Park et al. (US 20170327718 A1) (previously cited) and Kuki et al. (US 20170325011 A1) (previously cited).
Regarding claim 1, Niwa teaches a waterproof cover having a waterproof membrane, a pressure-sensitive adhesive sheet laminated peripherally to the waterproof membrane, wherein the pressure-sensitive adhesive sheet comprises a pressure-sensitive adhesive layer bonded to the waterproof membrane (Niwa, Abstract, Par. 0006-0007, and 0171-0177). Niwa teaches the waterproof membrane is porous and sound permeable (Niwa, Par. 0174). Niwa teaches the waterproof membrane is formed of polytetrafluoroethylene (PTFE) (Niwa, Par. 0174).
Niwa teaches that the pressure sensitive adhesive is an acrylic based adhesive comprising an acrylic polymer as a base polymer, that is crosslinked with an epoxy-based crosslinking agent that is present in an amount of 0 to 3 parts by weight, including 0.5 to 1 parts by weight based on 100 parts of the base polymer (Niwa, Par. 0011 and 0116-0119), which lies within the claimed range of 0.05 to 1 part by weight and therefore satisfies the claimed range, see MPEP 2131.03. Niwa teaches an example of crosslinking agent that is under the tradename TETRAD-C (Niwa, Par. 0118), which is the same as the instant invention (See Par. 0088 of the instant invention). Niwa’s amount of crosslinking agent and tackifier ranges lie within the ranges of the instant invention of 0 to 1 parts and 1 to 150 parts respectively (See Par. 0095 and 0099 of the instant specification), see MPEP 2131.03.
Niwa does not specifically disclose that the pressure-sensitive adhesive has a storage modulus G’ of 53000 Pa or higher at 40°C to 138000 Pa or lower at 40°C. Niwa is silent regarding the acrylic polymer being a polymer of a monomer mixture comprising 4.8% by weight or higher of carboxy group-containing monomer
Park teaches a pressure sensitive adhesive sheet comprising an acrylic based adhesive, a tackifier, and an epoxy-based crosslinking agent (Park, Abstract, Par. 0008-0019, 0033-0034, and 0044). Park teaches the acrylic base adhesive is a monomer mixture which comprises a crosslinking monomer that is a carboxy group-containing monomer in an amount of 0.1 to 10 parts by weight (0.1-10 wt.%) (Park, Par. 0020-0024), which overlaps the claimed range of 4.8% by weight or higher and therefore establishes a prima facie case of obviousness over the claimed range, see MPEP 2144.05, I. Park teaches modifying the monomers of the pressure sensitive adhesive affects the storage modulus and that the pressure sensitive adhesive has a storage modulus of 30°C of 0.01 to 0.5 MPa (10000 to 500000 Pa) (Park, Par. 0043 and 0050-0051), which encompasses the claimed range of 53000 Pa or higher to 138000 Pa or lower and therefore renders obvious the claimed range, see MPEP 2144.05, I. Although Park measures storage modulus with a method that is different from the claimed method (at 30°C instead of 40°C), one of ordinary skill in the art would readily understand that differences between the two different methods would yield minor and obvious differences, and that if Park’s storage modulus were also measured with the claimed method, it would still yield a storage modulus that renders obvious the claimed storage modulus (see MPEP 2143).
Niwa and Park are analogous art as they both teach pressure sensitive adhesives comprising an acrylic adhesive, a tackifier, and a crosslinking agent. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the monomers of the acrylic polymer in the pressure sensitive adhesive of Niwa such that the adhesive exhibits the claimed storage modulus and comprises an amount of carboxy group containing monomer within the claimed range. This would allow for superior physical properties such as durability and removability, as well as enhanced processability (Park, Par. 0020-0024 and 0050-0051).
Modified Niwa is silent regarding the waterproof membrane having an air permeability of 10 s/100mL or higher and 300 s/100 mL or lower.
Kuki teaches a waterproof cover comprising a pressure-sensitive adhesive sheet (bonding layer) and a waterproof membrane (Kuki, Abstract, Par. 0030, 0037, 0040, 0058-0059 and Fig. 1). Kuki teaches the waterproof membrane is porous and sound permeable (Kuki, Abstract, Par. 0043-0044). Kuki teaches the waterproof membrane is formed of PTFE (Kuki, Par. 0031 and 0041). Kuki teaches the waterproof membrane has an air permeability of 20 s/100 mL or higher and 300 s/100 mL or lower (Kuki, Par. 0030, 0034, and 0043), which lies within the claimed range of 10 s/100 mL or higher and 300 s/100 mL or lower and therefore satisfies the claimed range, see MPEP 2131.03.
Modified Niwa and Kuki are analogous art as they both teach waterproof covers comprising a pressure-sensitive adhesive sheet and a porous, sound-permeable, waterproof membrane comprising PTFE. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have used the waterproof membrane of Kuki as the waterproof membrane of modified Niwa. This would allow for a sound-permeable and waterproof membrane that allows for a moderate level of air permeability, preventing dew condensation inside a housing of an electronic device (Kuki, Par. 0043-0045).
Regarding claim 3, modified Niwa teaches the pressure-sensitive adhesive has a gel fraction of 30% or higher (Niwa, Par. 0137), which overlaps the claimed range of 35% or higher and therefore establishes a prima facie case of obviousness over the claimed range, see MPEP 2144.05, I.
Regarding claim 5, modified Niwa teaches that the pressure-sensitive adhesive comprises a tackifier (Niwa, Par. 0012-0013 and 0083-0089).
Regarding claim 6, modified Niwa teaches that the pressure sensitive adhesive is an acrylic based adhesive that is crosslinked with an epoxy-based crosslinking agent that is present in an amount of 0 to 3 parts by weight, including 0.5 to 1 parts by weight based on 100 parts of the base adhesive (Niwa, Par. 0011 and 0116-0119). Modified Niwa further teaches that the pressure sensitive adhesive comprises a tackifier that is a terpene-based tackifier in an amount of 20 to 45 parts by weight based on 100 parts of the base adhesive (Niwa, Par. 0012-0013 and 0083-0089). This is the same pressure sensitive adhesive, crosslinking agent, and tackifier as the instant invention per the instant specification Par. 0008, 0010, and 0100-0101 and the instant claims 2 and 4-5. Modified Niwa teaches an example of crosslinking agent that is under the tradename TETRAD-C (Niwa, Par. 0118), which is the same as the instant invention (See Par. 0088 of the instant invention). Modified Niwa’s amount of crosslinking agent and tackifier ranges lie within the ranges of the instant invention of 0 to 1 parts and 1 to 150 parts respectively (See Par. 0095 and 0099 of the instant specification), see MPEP 2131.03. Modified Niwa therefore teaches an adhesive composition that is identical to the instant invention with the same storage modulus and the same amount of tackifier as the instant invention. Further, the instant specification states that the storage modulus and the amount of tackifier affects the displacement of the pressure sensitive adhesive (See the instant specification Par. 0011-0012, 0056, and 0099). Products of identical chemical composition can not have mutually exclusive properties. In re Spada, 911 F.2d 705, 709, 15 USPQ2d 1655, 1658 (Fed. Cir. 1990), see MPEP 2112.01. Therefore, absent objective evidence to the contrary, the pressure sensitive adhesive of modified Niwa would inherently exhibit the claimed displacement.
Regarding claim 7, Modified Niwa teaches that the pressure sensitive adhesive sheet is an adhesively double-faced substrate-supported pressure sensitive adhesive sheet having a substrate with first and second faces, the pressure-sensitive adhesive layer as an inner pressure-sensitive adhesive layer placed on the first face, and an outer pressure-sensitive adhesive layer placed on the second face (Niwa, Par. 0008-0015 and 0024-0025).
Regarding claim 8, Modified Niwa teaches that the substrate is a resin film (Niwa, Par. 0024-0025 and 0138-0145).
Regarding claim 9, Modified Niwa teaches a waterproof casing having a container (case) having an opening, and the waterproof cover according to claim 1 attached to the container to close the opening (Niwa, Par. 0171-0177).
Regarding claim 10, Modified Niwa teaches an electronic device having a container (case) having an opening, an electronic component housed in the container, and the waterproof cover according to claim 1 attached to the container to close the opening (Niwa, Par. 0171-0177).
Regarding claims 11-12, modified Niwa teaches the storage modulus is between 0.01 to 0.5 MPa (10000 to 500000 Pa) when measured at 30°C (Park, Par. 0043 and 0050-0051), which encompasses the claim 11 range of 91000 Pa or higher to 138000 Pa or lower and the claim 12 range of 100000 Pa or higher to 138000 Pa or lower and therefore renders obvious the claimed ranges, see MPEP 2144.05, I. Although Park measures storage modulus with a method that is different from the claimed method (at 30°C instead of 40°C), one of ordinary skill in the art would readily understand that differences between the two different methods would yield minor and obvious differences, and that if Park’s storage modulus were also measured with the claimed method, it would still yield a storage modulus that renders obvious the claimed storage modulus (see MPEP 2143).
Regarding claim 13, Niwa teaches a waterproof cover having a waterproof membrane, a pressure-sensitive adhesive sheet laminated peripherally to the waterproof membrane, wherein the pressure-sensitive adhesive sheet comprises a pressure-sensitive adhesive layer bonded to the waterproof membrane (Niwa, Abstract, Par. 0006-0007, and 0171-0177). Niwa teaches the waterproof membrane is porous and sound permeable (Niwa, Par. 0174). Niwa teaches the waterproof membrane is formed of polytetrafluoroethylene (PTFE) (Niwa, Par. 0174).
Niwa teaches that the pressure sensitive adhesive is an acrylic based adhesive comprising an acrylic polymer as a base polymer, that is crosslinked with an epoxy-based crosslinking agent that is present in an amount of 0 to 3 parts by weight, including 0.5 to 1 parts by weight based on 100 parts of the base polymer (Niwa, Par. 0011 and 0116-0119), which lies within the claimed range of 0.05 to 1 part by weight and therefore satisfies the claimed range, see MPEP 2131.03. Niwa teaches an example of crosslinking agent that is under the tradename TETRAD-C (Niwa, Par. 0118), which is the same as the instant invention (See Par. 0088 of the instant invention). Niwa’s amount of crosslinking agent and tackifier ranges lie within the ranges of the instant invention of 0 to 1 parts and 1 to 150 parts respectively (See Par. 0095 and 0099 of the instant specification), see MPEP 2131.03.
Niwa does not specifically disclose that the pressure-sensitive adhesive has a storage modulus G’ of 100000 Pa or higher at 40°C to 138000 Pa or lower at 40°C.
Park teaches a pressure sensitive adhesive sheet comprising an acrylic based adhesive, a tackifier, and an epoxy-based crosslinking agent (Park, Abstract, Par. 0008-0019, 0033-0034, and 0044). Park teaches modifying the monomers of the pressure sensitive adhesive affects the storage modulus and that the pressure sensitive adhesive has a storage modulus of 30°C of 0.01 to 0.5 MPa (10000 to 500000 Pa) (Park, Par. 0043 and 0050-0051), which encompasses the claimed range of 100000 Pa or higher to 138000 Pa or lower and therefore renders obvious the claimed range, see MPEP 2144.05, I. Although Park measures storage modulus with a method that is different from the claimed method (at 30°C instead of 40°C), one of ordinary skill in the art would readily understand that differences between the two different methods would yield minor and obvious differences, and that if Park’s storage modulus were also measured with the claimed method, it would still yield a storage modulus that renders obvious the claimed storage modulus (see MPEP 2143).
Niwa and Park are analogous art as they both teach pressure sensitive adhesives comprising an acrylic adhesive, a tackifier, and a crosslinking agent. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the monomers of the acrylic polymer in the pressure sensitive adhesive of Niwa such that the adhesive exhibits the claimed storage modulus. This would allow for superior physical properties such as durability and removability (Park, Par. 0050-0051).
Modified Niwa is silent regarding the waterproof membrane having an air permeability of 10 s/100mL or higher and 300 s/100 mL or lower.
Kuki teaches a waterproof cover comprising a pressure-sensitive adhesive sheet (bonding layer) and a waterproof membrane (Kuki, Abstract, Par. 0030, 0037, 0040, 0058-0059 and Fig. 1). Kuki teaches the waterproof membrane is porous and sound permeable (Kuki, Abstract, Par. 0043-0044). Kuki teaches the waterproof membrane is formed of PTFE (Kuki, Par. 0031 and 0041). Kuki teaches the waterproof membrane has an air permeability of 20 s/100 mL or higher and 300 s/100 mL or lower (Kuki, Par. 0030, 0034, and 0043), which lies within the claimed range of 10 s/100 mL or higher and 300 s/100 mL or lower and therefore satisfies the claimed range, see MPEP 2131.03.
Modified Niwa and Kuki are analogous art as they both teach waterproof covers comprising a pressure-sensitive adhesive sheet and a porous, sound-permeable, waterproof membrane comprising PTFE. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have used the waterproof membrane of Kuki as the waterproof membrane of modified Niwa. This would allow for a sound-permeable and waterproof membrane that allows for a moderate level of air permeability, preventing dew condensation inside a housing of an electronic device (Kuki, Par. 0043-0045).
Regarding claim 14, Modified Niwa teaches a waterproof casing having a container (case) having an opening, and the waterproof cover according to claim 13 attached to the container to close the opening (Niwa, Par. 0171-0177).
Regarding claim 15, Modified Niwa teaches an electronic device having a container (case) having an opening, an electronic component housed in the container, and the waterproof cover according to claim 13 attached to the container to close the opening (Niwa, Par. 0171-0177).
Regarding claim 16, Niwa teaches a waterproof cover having a waterproof membrane, a pressure-sensitive adhesive sheet laminated peripherally to the waterproof membrane such that a surface of the waterproof membrane is exposed from the pressure-sensitive adhesive sheet, wherein the pressure-sensitive adhesive sheet comprises a pressure-sensitive adhesive layer bonded to the waterproof membrane (Niwa, Abstract, Par. 0006-0007, and 0171-0177). Niwa teaches the waterproof membrane is porous and sound permeable (Niwa, Par. 0174). Niwa teaches the waterproof membrane is formed of polytetrafluoroethylene (PTFE) (Niwa, Par. 0174).
Niwa teaches that the pressure sensitive adhesive is an acrylic based adhesive comprising an acrylic polymer as a base polymer, that is crosslinked with an epoxy-based crosslinking agent that is present in an amount of 0 to 3 parts by weight, including 0.5 to 1 parts by weight based on 100 parts of the base polymer (Niwa, Par. 0011 and 0116-0119), which lies within the claimed range of 0.05 to 1 part by weight and therefore satisfies the claimed range, see MPEP 2131.03. Niwa teaches an example of crosslinking agent that is under the tradename TETRAD-C (Niwa, Par. 0118), which is the same as the instant invention (See Par. 0088 of the instant invention). Niwa’s amount of crosslinking agent and tackifier ranges lie within the ranges of the instant invention of 0 to 1 parts and 1 to 150 parts respectively (See Par. 0095 and 0099 of the instant specification), see MPEP 2131.03.
Niwa does not specifically disclose that the pressure-sensitive adhesive has a storage modulus G’ of 53000 Pa or higher at 40°C to 138000 Pa or lower at 40°C.
Park teaches a pressure sensitive adhesive sheet comprising an acrylic based adhesive, a tackifier, and an epoxy-based crosslinking agent (Park, Abstract, Par. 0008-0019, 0033-0034, and 0044). Park teaches the acrylic base adhesive is a monomer mixture which comprises a crosslinking monomer that is a carboxy group-containing monomer in an amount of 0.1 to 10 parts by weight (0.1-10 wt.%) (Park, Par. 0020-0024), which overlaps the claimed range of 4.8% by weight or higher and therefore establishes a prima facie case of obviousness over the claimed range, see MPEP 2144.05, I. Park teaches modifying the monomers of the pressure sensitive adhesive affects the storage modulus and that the pressure sensitive adhesive has a storage modulus of 30°C of 0.01 to 0.5 MPa (10000 to 500000 Pa) (Park, Par. 0043 and 0050-0051), which encompasses the claimed range of 53000 Pa or higher to 138000 Pa or lower and therefore renders obvious the claimed range, see MPEP 2144.05, I. Although Park measures storage modulus with a method that is different from the claimed method (at 30°C instead of 40°C), one of ordinary skill in the art would readily understand that differences between the two different methods would yield minor and obvious differences, and that if Park’s storage modulus were also measured with the claimed method, it would still yield a storage modulus that renders obvious the claimed storage modulus (see MPEP 2143). Niwa teaches the waterproof membrane comprises porous PTFE (Niwa, Par. 0171-0177).
Niwa and Park are analogous art as they both teach pressure sensitive adhesives comprising an acrylic adhesive, a tackifier, and a crosslinking agent. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the monomers of the acrylic polymer in the pressure sensitive adhesive of Niwa such that the adhesive exhibits the claimed storage modulus and comprises an amount of carboxy group containing monomer within the claimed range. This would allow for superior physical properties such as durability and removability, as well as enhanced processability (Park, Par. 0020-0024 and 0050-0051).
Modified Niwa is silent regarding the waterproof membrane having an air permeability of 10 s/100mL or higher and 300 s/100 mL or lower, a thickness in a range of 1 µm or greater and 25 µm or less, and a surface density in a range of 1 g/m2 to 30 g/m2.
Kuki teaches a waterproof cover comprising a pressure-sensitive adhesive sheet (bonding layer) and a waterproof membrane (Kuki, Abstract, Par. 0030, 0037, 0040, 0058-0059 and Fig. 1). Kuki teaches the waterproof membrane is porous and sound permeable (Kuki, Abstract, Par. 0043-0044). Kuki teaches the waterproof membrane is formed of PTFE (Kuki, Par. 0031 and 0041). Kuki teaches the waterproof membrane has an air permeability of 20 s/100 mL or higher and 300 s/100 mL or lower (Kuki, Par. 0030, 0034, and 0043), which lies within the claimed range of 10 s/100 mL or higher and 300 s/100 mL or lower and therefore satisfies the claimed range, see MPEP 2131.03. Kuki teaches the waterproof membrane has a thickness of 1 µm to 25 µm and a surface density of 1 g/m2 to 30 g/m2 (Kuki, Par. 0036 and 0057), which are the same as the claimed thickness and surface density ranges and therefore satisfy the claimed ranges, see MPEP 2131.03.
Modified Niwa and Kuki are analogous art as they both teach waterproof covers comprising a pressure-sensitive adhesive sheet and a porous, sound-permeable, waterproof membrane comprising PTFE. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have used the waterproof membrane of Kuki as the waterproof membrane of modified Niwa. This would allow for a membrane with a balance of sound permeability and water resistance (Kuki, Par. 0057). This would further allow for a waterproof membrane that allows for a moderate level of air permeability, preventing dew condensation inside a housing of an electronic device (Kuki, Par. 0043-0045).
Regarding claim 17, Modified Niwa teaches a waterproof casing having a container (case) having an opening, and the waterproof cover according to claim 16 attached to the container to close the opening (Niwa, Par. 0171-0177).
Regarding claim 18, Modified Niwa teaches an electronic device having a container (case) having an opening, an electronic component housed in the container, and the waterproof cover according to claim 16 attached to the container to close the opening (Niwa, Par. 0171-0177).
Response to Arguments
Applicant’s remarks and amendments filed 15 December 2025 have been fully considered.
Applicant argues that Niwa does not teach the type or amount of crosslinking agent used as required by newly amended claims 1, 13, and 16. This is not found persuasive for the following reason:
Niwa teaches that the pressure sensitive adhesive is an acrylic based adhesive comprising an acrylic polymer as a base polymer, that is crosslinked with an epoxy-based crosslinking agent that is present in an amount of 0 to 3 parts by weight, including 0.5 to 1 parts by weight based on 100 parts of the base polymer (Niwa, Par. 0011 and 0116-0119), which lies within the claimed range of 0.05 to 1 part by weight and therefore satisfies the claimed range, see MPEP 2131.03. Applicant merely makes a conclusory statement that Niwa does not teach the above features, however Applicant has not described how the above features are not taught by Niwa. Therefore, Niwa teaches the claimed crosslinking agent and Applicant’s argument is unpersuasive.
Conclusion
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/THOMAS J KESSLER/Examiner, Art Unit 1782