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 § 103
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 1-8 and 10-13 are rejected under 35 U.S.C. 103 as being unpatentable over Kim et al. (US 2019/0165314) in view of Katayama et al. (US 2009/0014750), Bloomfield (US 10,358,528) and Heger et al. (US 2012/0186003).
Regarding claim 1, Kim teaches a protection film including a first film, a second film and a shear thickening fluid between the films (“a polymer layer”) (Pg. 1, Paragraphs [0021]-[0022]). The materials of the shear thickening fluid include a dispersion fluid, which is not limited to any particular material and nanoparticles (Pg. 5, Paragraph [0096]). The nanoparticles may include silica particles, but are not limited to only silica particles (Paragraph [0096]).
Kim is silent with respect to the shear thickening fluid being a polyborondimethylsiloxane and benzoyl peroxide resulting in the shear thickening fluid having a light transmittance of 84% or more in a wavelength range of about 400 to 800 nm.
Katayama teaches an optical semiconductor encapsulated with a resin containing polyborosiloxane (Pg. 1, Paragraph [0001]). The resin is excellent in heat resistance, transparency and light resistance such that the light transmittance of the resin at a wavelength of 450 nm is at least 90% (Pg. 3, Paragraphs [0050]-[0051]). The polyborosiloxane is formed from a polycondensation reaction between a silicon compound including dimethylsiloxane and boric acid, which one of ordinary skill in the art would appreciate as resulting in polyborondimethylsiloxane (Pg. 2, Paragraphs [0030]-[0033]; Pg. 3, Paragraph [0042]).
Katayama is silent with respect to the polyborosiloxane further being reacted with benzoyl peroxide.
Bloomfield teaches viscoelastic silicon rubbers which are shear thickening fluids such that they exhibit a high level of resilience when subjected to a sudden impact (Col. 3, Lines 24-57). The rubbers are formed from a polyorganosiloxane, a permanent cross-linking agent and a temporary cross-linking agent (Col. 4, Lines 51-61). The polyorganosiloxane may be dimethylsiloxanes and the temporary crosslinking agents may be boric acid (Col. 9, Lines 31-53; Col. 14, Line 52-Col. 15, Line 14). The permanent crosslinking agent may be benzoyl peroxide and is provided in order to give the rubbers a robust permanent network and give the rubber compositions a permanent equilibrium shape (Col. 13, Lines 3-67). The permanent crosslinking agent is utilized in an addition-cure, condensation-cure or peroxide curing crosslinking method (Col. 13, Lines 9-26).
Therefore, it would have been obvious to one of ordinary skill in the art before the filing of the invention to form the shear thickening fluid between the films of Kim with the resins of Katayama including the polyborondimethylsiloxane compound discussed above which has excellent heat resistance, transparency and light resistance such that the light transmittance of the resin at a wavelength of 450 nm is at least 90%. Furthermore, it would have been obvious to form that polyborondimethylsiloxane with a permanent crosslinking agent such as benzoyl peroxide, in an addition-cure, condensation-cure or peroxide curing crosslinking method, in order to provide the siloxane of Katayama with a robust permanent network and give the rubber compositions a permanent equilibrium shape in order to form shear thickening fluids which exhibit a high level of resilience when subjected to a sudden impact as taught by Bloomfield.
Kim is silent with respect to the nanoparticles including carbonyl iron, CaO and ZnO.
Heger teaches an energy-absorbing system (Paragraph [0002]). The system includes a fluid filling a space between a first and second layer wherein the fluid is a shear thickening fluid which responds in reaction to a stimulus (Paragraphs [0029]-[0030]). The fluid responding to a stimulus may be a magnetorheological fluid which responds upon a change in a magnetic field (Paragraph [0054]). The inclusion of a particle can allow for the shear thickening fluid to achieve the shear thickening properties in the presence of a magnetic field change wherein the particles include carbonyl iron (Paragraph [0056]).
Therefore, it would have been obvious to one of ordinary skill in the art before the filing of the invention to form the shear thickening fluids of Kim to further include a magnetic particle which imparts shear thickening properties in the presence of a magnetic field change wherein the particles include carbonyl iron as taught by Heger.
Regarding claim 2, Kim teaches the protective films as discussed above with respect to claim 1. As discussed above, the films include a shear thickening fluid.
Regarding claim 3, Kim teaches the protective films as discussed above with respect to claim 1. As discussed above, the shear thickening fluids are formed from the polyborondimethylsiloxanes of Katayama which are formed from the combination of polydimethylsiloxane and boric acid and one of ordinary skill in the art would recognize this compound teaches the formula 1 of claim 3.
Regarding claim 4, Kim teaches the protective films as discussed above with respect to claim 1. Bloomfield further teaches the content of the permanent crosslinking agent being in the range of 0.02 wt% to 20 wt% which overlaps with the instantly claimed range (8/1-0.1 wt% to 53/1-0.01 wt%) (Col. 14, Lines 10-11).
Regarding claim 5, Kim teaches the protective films as discussed above with respect to claim 1. As discussed above, Katayama teaches the polyborondimethylsiloxanes being formed from a polycondensation reaction between polydimethylsiloxane and boric acid and further teaches the ratio between the two being 500/1 to 1/1 which overlaps with the instantly claimed range (Pg. 3, Paragraph [0046]).
Regarding claim 6, Kim teaches the protective films as discussed above with respect to claim 1. Katayama further teaches the formation of the polyborondimethylsiloxanes in a polycondensation reaction for 1 to 12 hours using heat (Pg. 3, Paragraph [0047]).
Regarding claims 7-8, Kim teaches the protective films as discussed above with respect to claim 1. Kim teaches the nanoparticles being silica (Pg. 5, Paragraph [0096]) and Bloomfield further teaches the inclusion of fumed silica as a reinforcing filler in an amount of 8 to 30 wt% (Col. 22, Lines 35-60).
Regarding claim 10, Kim teaches the protective films as discussed above with respect to claim 1. Katayama teaches the further inclusion of other silicone-based compounds (Pg. 3, Paragraph [0039]).
Regarding claims 11-13, Kim teaches protective films as discussed above with respect to claim 1.
Kim is silent with respect to the shear thickening fluid having a gel point at which a storage modulus is the same as a loss modulus at a first frequency of about 0.1 Hz to about 100 Hz, as required by claim 11.
Kim is silent with respect to the shear thickening fluid having a loss modulus is greater than the storage modulus at a frequency less than the first frequency corresponding to the gel point, and the storage modulus is greater than the loss modulus at a frequency greater than the first frequency, and the storage modulus and the loss modulus each are measured according to a ASTM D4440 method, as required by claim 12.
Kim is silent with respect to the shear thickening fluid having a storage modulus increasing as frequency increases, as required by claim 13.
However, these properties appear to be dependent on the materials and the methods of making the shear thickening fluids such that one of ordinary skill in the art would recognize that fluids which are made from identical materials and methods must have identical properties. MPEP 2112.01: Where the claimed and prior art products are identical or substantially identical in structure or composition, or are produced by identical or substantially identical processes, a prima facie case of either anticipation or obviousness has been established. In re Best, 562 F.2d 1252, 1255, 195 USPQ 430, 433 (CCPA 1977).
In the instant case, the polymer layer of claim 1 appears to be formed from a polycondensation reaction of polydimethylsiloxane and boric acid, in a ratio of 25:1 to 500:1, and further benzoyl peroxide, in a ratio of 8:1 to 53:1 (Pgs. 5-7, Paragraphs [0086]-[0103]). The polymer layer additionally appears to be formed via a polycondensation reaction under heat or light for 1 to 8 hours (Pg. 5, Paragraph [0091]).
Kim, Katayama and Bloomfield teaches each of the materials as discussed above with respect to claim 1. Bloomfield further teaches the content of the permanent crosslinking agent being in the range of 0.02 wt% to 20 wt% which overlaps with the instantly claimed range (8/1-0.1 wt% to 53/1-0.01 wt%). Katayama teaches the polyborondimethylsiloxanes being formed from a polycondensation reaction between polydimethylsiloxane and boric acid and further teaches the ratio between the two being 500/1 to 1/1 which overlaps with the instantly claimed range (Pg. 3, Paragraph [0046]). Katayama further teaches the formation of the polyborondimethylsiloxanes in a polycondensation reaction for 1 to 12 hours using heat (Pg. 3, Paragraph [0046]).
Therefore, one of ordinary skill in the art would recognize that the shear thickening fluids of Kim, Katayama and Bloomfield are formed from the same materials and methods as that of the composition of the polymer layer and would further have identical properties, including each of the properties required by claims 11-13.
Claims 14, 16, 18-19, 21-24 and 26 are rejected under 35 U.S.C. 103 as being unpatentable over Jung et al. (US 2018/0128966) in view of Wang et al. (US 2021/0277219), Katayama et al. (US 2009/0014750), Bloomfield (US 10,358,528), Yoo et al. (US 2016/0289467) and Kim et al. (US 2019/0169388) (hereafter ‘388).
Regarding claim 14, Jung teaches a display device (Paragraph [0002]). The display device includes a display panel and further includes a window member through which light transmits to the display the image and which defines a display surface, and a protective cover, being a plastic assembly, which is coupled with the window member (“a display device, comprising: a display panel; a window disposed on the display panel; and a protective film disposed on the window such that the window is disposed between the protective film and the display panel”) (Paragraph [0052]; [0056]).
Jung is silent with respect to the plastic assembly including a first base layer, a second base layer and a polymer layer disposed between the first base layer and the second base layer.
Wang teaches an optically clear shear thickening fluid and a protection assembly comprising the shear thickening fluid (Paragraph [0001]). The protection assembly includes a first clear flexible film, a second clear flexible film, and the shear thickening fluid between the two wherein the protection assembly is placed over top a display device as illustrated in figure 1 (Paragraph [0061]; Fig. 1). The shear thickening fluid includes a solid nanoparticle, a polymer and a liquid medium wherein the polymer has at least one crosslinkable group including a siloxane (Paragraph [0023]-[0024]). The protection assembly provides protection under impact from external force or shock (Paragraph [0007]).
Therefore, it would have been obvious to one of ordinary skill in the art before the filing of the invention to form the protective plastic assembly of Jung from the protection assembly of Wang, which includes a first clear flexible film (“first base layer”), a second clear flexible film (“second base layer”), and the shear thickening fluid (“polymer layer”) between the two in order to provide protection under impact from external force or shock.
Wang is silent with respect to the shear thickening fluid being a polyborondimethylsiloxane and benzoyl peroxide resulting in the shear thickening fluid having a light transmittance of 84% or more in a wavelength range of about 400 to 800 nm.
Katayama teaches an optical semiconductor encapsulated with a resin containing polyborosiloxane (Pg. 1, Paragraph [0001]). The resin is excellent in heat resistance, transparency and light resistance such that the light transmittance of the resin at a wavelength of 450 nm is at least 90% (Pg. 3, Paragraphs [0050]-[0051]). The polyborosiloxane is formed from a polycondensation reaction between a silicon compound including dimethylsiloxane and boric acid, which one of ordinary skill in the art would appreciate as resulting in polyborondimethylsiloxane (Pg. 2, Paragraphs [0030]-[0033]; Pg. 3, Paragraph [0042]).
Katayama is silent with respect to the polyborosiloxane further being reacted with benzoyl peroxide.
Bloomfield teaches viscoelastic silicon rubbers which are shear thickening fluids such that they exhibit a high level of resilience when subjected to a sudden impact (Col. 3, Lines 24-57). The rubbers are formed from a polyorganosiloxane, a permanent cross-linking agent and a temporary cross-linking agent (Col. 4, Lines 51-61). The polyorganosiloxane may be dimethylsiloxanes and the temporary crosslinking agents may be boric acid (Col. 9, Lines 31-53; Col. 14, Line 52-Col. 15, Line 14). The permanent crosslinking agent may be benzoyl peroxide and is provided in order to give the rubbers a robust permanent network and give the rubber compositions a permanent equilibrium shape (Col. 13, Lines 3-67). The permanent crosslinking agent is utilized in an addition-cure, condensation-cure or peroxide curing crosslinking method (Col. 13, Lines 9-26).
Therefore, it would have been obvious to one of ordinary skill in the art before the filing of the invention to form the shear thickening fluid between the films of Wang with the resins of Katayama including the polyborondimethylsiloxane compound discussed above which has excellent heat resistance, transparency and light resistance such that the light transmittance of the resin at a wavelength of 450 nm is at least 90%. Furthermore, it would have been obvious to form that polyborondimethylsiloxane with a permanent crosslinking agent such as benzoyl peroxide, in an addition-cure, condensation-cure or peroxide curing crosslinking method, in order to provide the siloxane of Katayama with a robust permanent network and give the rubber compositions a permanent equilibrium shape in order to form shear thickening fluids which exhibit a high level of resilience when subjected to a sudden impact as taught by Bloomfield.
Jung and Wang are silent with respect to the nanoparticles including glass powder, carbon nanotubes, graphene oxide, carbonyl iron, CaO and ZnO.
Yoo teaches shear-thickening fluids and shock-absorbing materials containing the same (Paragraph [0001]). The fluids include solid particles and a dispersion medium wherein the solid particles comprise silica and carbon nanotubes which aims to provide improved viscosity and shock-absorption properties when compared to shear-thickening fluids with only silica particles (Paragraphs [0008]-[0017]).
Therefore, it would have been obvious to one of ordinary skill in the art before the filing of the invention to form the nanoparticles of Wang to further include carbon nanotubes in addition to silica particles in order to improve both viscosity and shock-absorption when compared to shear-thickening fluids with only silica particles as taught by Yoo.
Jung and Wang are silent with respect to the thickness of the second optically clear layer being greater than a thickness of the first optically clear layer.
Kim (‘388) teaches protective films for optical displays (Pg. 1, Paragraph [0002]). The films include a first base layer and a second base layer with a connection layer therebetween such that the first and the second base layers may have different thicknesses (Pg. 6, Paragraph [0078]-[0079]; Fig. 3).
Therefore, it would have been obvious to one of ordinary skill in the art before the filing of the invention to form the protective assemblies of Wang such that the first and second optically clear layers are formed from different thicknesses, which one of ordinary skill in the art would recognize as including the second base layer having a greater thickness than the first layer, as taught by Kim (‘388), which also teaches protective films with a first and second base layer.
Regarding claim 16, Jung teaches the display devices as discussed above with respect to claim 14. As discussed above, Jung and Wang teach the protection assemblies including a first and second clear flexible layer with a shear thickening fluid which is further taught by Katayama and Bloomfield. One of ordinary skill in the art would appreciate that if multiple sub layers are provided which are formed from identical compositions, such as the composition required by claim 14, the resulting product would be one large layer. This is taught by claim 16 such that the first and second sub-layers are provided between the polymer layer and the base layers and the sub-layers may be formed from the composition of claim 14, wherein the polymer layer is formed from the same composition. Therefore, the final product is still two base layers with a layer in between being formed from the composition of claim 14.
The combination of Jung, Wang, Katayama, Bloomfield and Yoo teach this final product as discussed above with respect to the rejection of claim 14. As such, the combination teaches the final product of claim 16 being “a first sub intermediate layer disposed between the polymer layer and the second base layer; and a second sub intermediate layer disposed between the first sub intermediate layer and the second base layer or between the first base layer and the polymer layer, wherein each of the first sub intermediate layer and the second sub intermediate layer including a polymer including the composition.”
Regarding claim 18, Jung teaches the display devices as discussed above with respect to claim 14. As discussed above, the protection assemblies include a shear thickening fluid.
Regarding claim 19, Jung teaches the display devices as discussed above with respect to claim 14. Bloomfield further teaches the inclusion of fumed silica as a reinforcing filler in an amount of 8 to 30 wt% (Col. 22, Lines 35-60).
Regarding claim 21, Jung teaches the display devices as discussed above with respect to claim 14. Katayama teaches the further inclusion of other silicone-based compounds (Pg. 3, Paragraph [0039]).
Regarding claims 22, Jung teaches the display devices as discussed above with respect to claim 14.
Jung is silent with respect to the shear thickening fluid having a first storage modulus in a first state, and having a second storage modulus in a second state after external force is applied thereto, and wherein the second storage modulus is about 10 times to about 12,000 times greater than the first storage modulus.
However, these properties appear to be dependent on the materials and the methods of making the shear thickening fluids such that one of ordinary skill in the art would recognize that fluids which are made from identical materials and methods must have identical properties. MPEP 2112.01: Where the claimed and prior art products are identical or substantially identical in structure or composition, or are produced by identical or substantially identical processes, a prima facie case of either anticipation or obviousness has been established. In re Best, 562 F.2d 1252, 1255, 195 USPQ 430, 433 (CCPA 1977).
In the instant case, the polymer layer of claim 1 appears to be formed from a polycondensation reaction of polydimethylsiloxane and boric acid, in a ratio of 25:1 to 500:1, and further benzoyl peroxide, in a ratio of 8:1 to 53:1 (Pgs. 5-7, Paragraphs [0086]-[0103]). The polymer layer additionally appears to be formed via a polycondensation reaction under heat or light for 1 to 8 hours (Pg. 5, Paragraph [0091]).
Jung, Wang, Katayama and Bloomfield teaches each of the materials as discussed above with respect to claim 1. Bloomfield further teaches the content of the permanent crosslinking agent being in the range of 0.02 wt% to 20 wt% which overlaps with the instantly claimed range (8/1-0.1 wt% to 53/1-0.01 wt%). Katayama teaches the polyborondimethylsiloxanes being formed from a polycondensation reaction between polydimethylsiloxane and boric acid and further teaches the ratio between the two being 500/1 to 1/1 which overlaps with the instantly claimed range (Pg. 3, Paragraph [0046]). Katayama further teaches the formation of the polyborondimethylsiloxanes in a polycondensation reaction for 1 to 12 hours using heat (Pg. 3, Paragraph [0046]).
Therefore, one of ordinary skill in the art would recognize that the shear thickening fluids of Jung, Wang, Katayama and Bloomfield are formed from the same materials and methods as that of the composition of the polymer layer and would further have identical properties, including having a first storage modulus in a first state, and having a second storage modulus in a second state after external force is applied thereto, and wherein the second storage modulus is about 10 times to about 12,000 times greater than the first storage modulus, as required by claim 22.
Regarding claim 23, Jung teaches the display devices as discussed above with respect to claim 14. Wang further teaches the assemblies having a haze of 5% or less (Paragraph [0055]).
Regarding claim 24, Jung teaches the display devices as discussed above with respect to claim 14. Wang teaches the shear thickening fluid layer having a thickness of 10 to 400 microns (Paragraph [0053]).
Regarding claim 26, Jung teaches the display devices as discussed above with respect to claim 14. Wang further teaches the optically clear layers being formed from polyesters including PET and PMMA (Paragraph [0052]).
Claims 15 and 27 is rejected under 35 U.S.C. 103 as being unpatentable over Jung et al. (US 2018/0128966) in view of Wang et al. (US 2021/0277219), Katayama et al. (US 2009/0014750), Bloomfield (US 10,358,528), Yoo et al. (US 2016/0289467) and Kim et al. (US 2019/0169388) (hereafter ‘388) as applied to claim 14 above, and further in view of Kim et al. (US 2019/0165314).
Regarding claim 15, Jung teaches the display devices as discussed above with respect to claim 14.
Jung and Wang are silent with respect to a third base layer disposed between the first and second optically clear layers and an intermediate layer between the third base layer and the first or second optically clear layers wherein the intermediate layer is formed from the composition or a pressure sensitive adhesive.
Kim teaches a protection film for a display device which includes a shear thickening fluid between two base layers which provides improved impact resistance (Paragraphs [0054]-[0056]). The protection film may further include a fabric as illustrated in figure 8 or may include a base film as illustrated in figure 9, both of which would be considered a “third base layer” (Paragraphs [0105]-[0117]).
Therefore, it would have been obvious to one of ordinary skill in the art before the filing of the invention to form the protection assemblies of Wang to further include either a fabric or a base layer, being third base layers, as taught by Kim, such that both Wang and Kim teach protection films utilizing a shear thickening fluid.
Regarding claim 27, Jung teaches the display devices as discussed above with respect to claim 14.
Jung is silent with respect to the display panel being configured to be folded about at least one folding axis.
Kim teaches a display apparatus which includes a display panel which is capable of folding along a folding axis (Paragraph [0021]).
Therefore, it would have been obvious to one of ordinary skill in the art before the filing of the invention to form the display panel of Jung to be capable of folding about a folding axis as taught by Kim which also teaches a display device with a display panel.
Claims 28-29 are rejected under 35 U.S.C. 103 as being unpatentable over Jung et al. (US 2018/0128966) in view of Wang et al. (US 2021/0277219), Katayama et al. (US 2009/0014750), Bloomfield (US 10,358,528) and Zhang et al. (CN 104047162).
Regarding claim 28, Jung teaches a display device and an electronic device (Paragraph [0002]; [0049]). The display device includes a display panel and further includes a window member through which light transmits to the display the image and which defines a display surface, and a protective cover, being a plastic assembly, which is coupled with the window member (“a display device, comprising: a display panel; a window disposed on the display panel; and a protective film disposed on the window such that the window is disposed between the protective film and the display panel”) (Paragraph [0052]).
Jung is silent with respect to the plastic assembly including a first base layer, a second base layer and a polymer layer disposed between the first base layer and the second base layer.
Wang teaches an optically clear shear thickening fluid and a protection assembly comprising the shear thickening fluid (Paragraph [0001]). The protection assembly includes a first clear flexible film, a second clear flexible film, and the shear thickening fluid between the two wherein the protection assembly is placed over top a display device as illustrated in figure 1 (Paragraph [0061]; Fig. 1). The shear thickening fluid includes a solid nanoparticle, a polymer and a liquid medium wherein the polymer has at least one crosslinkable group including a siloxane (Paragraph [0023]-[0024]). The protection assembly provides protection under impact from external force or shock (Paragraph [0007]).
Therefore, it would have been obvious to one of ordinary skill in the art before the filing of the invention to form the protective plastic assembly of Jung from the protection assembly of Wang, which includes a first clear flexible film (“first base layer”), a second clear flexible film (“second base layer”), and the shear thickening fluid (“polymer layer”) between the two in order to provide protection under impact from external force or shock.
Wang is silent with respect to the shear thickening fluid being a polyborondimethylsiloxane and benzoyl peroxide resulting in the shear thickening fluid having a light transmittance of 84% or more in a wavelength range of about 400 to 800 nm.
Katayama teaches an optical semiconductor encapsulated with a resin containing polyborosiloxane (Pg. 1, Paragraph [0001]). The resin is excellent in heat resistance, transparency and light resistance such that the light transmittance of the resin at a wavelength of 450 nm is at least 90% (Pg. 3, Paragraphs [0050]-[0051]). The polyborosiloxane is formed from a polycondensation reaction between a silicon compound including dimethylsiloxane and boric acid, which one of ordinary skill in the art would appreciate as resulting in polyborondimethylsiloxane (Pg. 2, Paragraphs [0030]-[0033]; Pg. 3, Paragraph [0042]).
Katayama is silent with respect to the polyborosiloxane further being reacted with benzoyl peroxide.
Bloomfield teaches viscoelastic silicon rubbers which are shear thickening fluids such that they exhibit a high level of resilience when subjected to a sudden impact (Col. 3, Lines 24-57). The rubbers are formed from a polyorganosiloxane, a permanent cross-linking agent and a temporary cross-linking agent (Col. 4, Lines 51-61). The polyorganosiloxane may be dimethylsiloxanes and the temporary crosslinking agents may be boric acid (Col. 9, Lines 31-53; Col. 14, Line 52-Col. 15, Line 14). The permanent crosslinking agent may be benzoyl peroxide and is provided in order to give the rubbers a robust permanent network and give the rubber compositions a permanent equilibrium shape (Col. 13, Lines 3-67). The permanent crosslinking agent is utilized in an addition-cure, condensation-cure or peroxide curing crosslinking method (Col. 13, Lines 9-26).
Therefore, it would have been obvious to one of ordinary skill in the art before the filing of the invention to form the shear thickening fluid between the films of Wang with the resins of Katayama including the polyborondimethylsiloxane compound discussed above which has excellent heat resistance, transparency and light resistance such that the light transmittance of the resin at a wavelength of 450 nm is at least 90%. Furthermore, it would have been obvious to form that polyborondimethylsiloxane with a permanent crosslinking agent such as benzoyl peroxide, in an addition-cure, condensation-cure or peroxide curing crosslinking method, in order to provide the siloxane of Katayama with a robust permanent network and give the rubber compositions a permanent equilibrium shape in order to form shear thickening fluids which exhibit a high level of resilience when subjected to a sudden impact as taught by Bloomfield.
Jung and Wang are silent with respect to the nanoparticles including CaO and ZnO.
Zhang teaches a method of preparing a shear-thickening fluid (Paragraph [0002]). The shear-thickening fluids include ZnO whiskers which are shown to improve the shear-thickening effect while ensuring stability (Paragraphs [0010]; [0047]).
Therefore, it would have been obvious to one of ordinary skill in the art before the filing of the invention to form the shear thickening fluids of Wang such that they further include ZnO whiskers which are shown to improve the shear-thickening effect while ensuring stability as taught by Zhang.
Regarding claim 29, Jung teaches the display devices as discussed above with respect to claim 28. The display devices may be a portable electronic device such as a smart phone (Paragraph [0049]).
Response to Arguments
Applicant's arguments filed 01/21/2026, with respect to the 35 U.S.C 103 rejection of claim 1, have been fully considered but they are not persuasive.
On pages 10-12, applicant argues that the combination fails to teach each of the limitations of claim 1, specifically, the polymer composition comprising at least one among carbonyl iron, CaO, and ZnO. The combination fails to teach this limitation such that Heger teaches the use of carbonyl iron in helmets in order to generate a magnetic field causing the carbonyl iron to align in the magnetic field, adding additional structural support. This is not the intended use in the polymer composition of claim 1. Lastly, Heger only mentions the use of an STF, but fails to teach this STF being a polyborondimethylsiloxane STF.
The examiner is unpersuaded such that Heger and the instant specification both teach the use of carbonyl irons in shear thickening fluids for magnetism. The instant specification teaches the use of carbonyl iron for “magnetism” (PGPUB, Paragraph [0102]) and Heger teaches the use of carbonyl iron as a preferred “magnetic-responsive” particle (Paragraph [0056]).
Concerning, the STF not being a polyborondimethylsiloxane, it is noted that one of ordinary skill in the art would recognize that the magnetic-response particles being carbonyl iron would work with any suitable shear thickening fluid such that Heger does not limit what the shear thickening fluid is (Paragraphs [0029]-[0030]). As such, one of ordinary skill in the art would recognize that the use of carbonyl iron as the magnetic responsive particles would be suitable in the polyborondimethylsiloxanes of Katayama.
Lastly, Heger teaches the use of these particles such that the use of them in such that when they form chains of particles, they increase the viscosity of the fluid they are in, thus increasing the stiffness of the fluid (Paragraph [0055]). Therefore, the motivation to combine the teachings of Kim and Katayama with Heger is to provide these particles allowing for a change in the viscosity of the shear thickening fluids when they form chains.
Ultimately, the examiner contends that the combination is proper and Heger teaches a use of carbonyl iron identical to that of applicant’s invention being a magnetic additive in a shear thickening fluid.
Applicant's arguments filed 01/21/2026, with respect to the 35 U.S.C 103 rejection of claim 14, have been fully considered but they are not persuasive.
On pages 13-15, applicant argues that the combination fails to teach each of the limitations of claim 14, specifically, none of the references teach a first base layer being directly on a window and a second base layer, with the polymer layer between the two base layers, and the thickness of the second base layer being greater than the first base layer. Instead, the office action only teaches the first and the second base layers having different thicknesses, but fails to identify which base layer has the greater thickness.
The examiner recognizes the structural configuration of amended claim 14 now requiring the first base layer to be directly attached to the window and the second base layer to have a greater thickness than the first base layer. However, this limitation is taught by Kim (‘388) as discussed in the rejection of claim 14 above such that Kim teaches a first and second base layer with a connection layer between the two, which is considered equivalent to the polymer layer (Paragraph [0079]; Fig. 2). Kim further teaches the second base layer may have the same thickness or a different thickness than the first layer (Paragraph [0079]). One of ordinary skill in the art would recognize that having different thicknesses may only result in one of two outcomes; one in which the first base layer has a greater thickness or in which the second base layer has a greater thickness than the first layer. Therefore, the examiner contends that the structure of Kim, being of the same field of endeavor as Jung and Wang, includes two base layers which may have different thicknesses renders the limitation of a first base layer being directly on a window and a second base layer, with the polymer layer between the two base layers, and the thickness of the second base layer being greater than the first base layer as obvious.
Applicant’s arguments, filed 01/21/2026, with respect to the rejection of claim 28 under 35 U.S.C 103 have been fully considered and are persuasive.
On page 15, applicant argues that the combination fails to teach the amendment to claim 28 which now eliminates the selection of carbonyl iron to be included in the polymer composition leaving the list to only include CaO and ZnO.
The examiner concedes in that none of the cited references teach the use of either CaO or ZnO. Therefore, the rejection has been withdrawn. However, upon further consideration, a new rejection is made further in view of Zhang (CN 104047162), as discussed above.
The current rejection is made FINAL in view of the amendments to the claims.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DANIEL P DILLON whose telephone number is (571)270-5657. The examiner can normally be reached Mon-Fri; 8 AM to 5 PM.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, MARIA V EWALD can be reached at 571-272-8519. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/DANIEL P DILLON/Examiner, Art Unit 1783
/MARIA V EWALD/Supervisory Patent Examiner, Art Unit 1783
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