DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 06/22/10 has been entered.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103(a) which forms the basis for all obviousness rejections set forth in this Office action:
(a) A patent may not be obtained though the invention is not identically disclosed or described as set forth in section 102 of this title, if the differences between the subject matter sought to be patented and the prior art are such that the subject matter as a whole would have been obvious at the time the invention was made to a person having ordinary skill in the art to which said subject matter pertains. Patentability shall not be negatived by the manner in which the invention was made.
Claims 1-13 and 19-27 are rejected under 35 U.S.C. 103(a) as being unpatentable over by Sasaki (US 2017/0096538) in view of Takayama (JP 2019084747) in view of JP 4757363 B2 (JP) and further in view of AU 2015233424 B2 (Ryoichi et al.).
Re claims 1-6 9-11, and 22-27, Sasaki discloses an electronic device having a body covered by a protective sheet ( that includes a multilayer structure include a base (X), a layer (Y), and a layer (W) [1, 165-166]. The layer (Y) includes a metal oxide (A) and a phosphorous compound (B) [93] where the metal oxide includes aluminum oxide [107] which is present in an amount of 0.01-30 mass% [187] and the phosphorous compound includes phosphorous acid, phosphinic acid, etc. [134] which are identical to the phosphorous compounds used in the present invention that is present in an amount of 55-99 mass% [191]. The metal oxide and the phosphorous containing compound form a reaction product [94] where the ratio of aluminum to phosphorous is 0.8-4.5 [93]. The layer (W), which corresponds to claimed layer (Z), includes a polymer (G2) which includes polyvinyl alcohol [166, 151].
Sasaki does not disclose that layer (W) includes a metal compound containing a metal atom.
Takayama discloses a multilayer moisture barrier for electronic devices [1,3,10] that includes a protective layer comprising water-soluble polymer and organoalkoxysilane [10, 74]. The water-soluble polymer includes polyvinyl alcohol [76] and the organoalkoxysilane includes glycidoxypropyltrimethoxysilane [79]. The polyvinyl alcohol and the glycidoxypropyltrimethoxysilane are present in the layer in a ratio of 99/1 to 70/30 [83]. The protective layer prevents peeling, scratching, and damage [75].
In light of the above, it would have been obvious to one of ordinary skill in the art to use glycidoxypropyltrimethoxysilane and polyvinyl alcohol in ratio of as disclosed by Takayama in layer (W) of the multilayer structure of Sasaki in order to produce a layer that precents peeling, scratching, and damage of the multilayer structure.
There is no disclosure in Sasaki in view of Takaya of MMR / MAl or MMR / MC as presently claimed. However, given that Sasaki in view of Takaya disclose layer (Y) with aluminum oxide and phosphorous compound identical to that presently claimed with ratio of aluminum to phosphorous that overlaps that used in the present invention (see paragraph 98 of present specification) and layer (W) with polyvinyl alcohol and glycidoxypropyltrimethoxysilane identical to that claimed in ratio of 99/1 to 73/30 that overlaps that used in the present invention (see Table 1 of the present specification), within the overlapping ranges, the multilayer structure would necessarily inherently have MMR / MAl or MMR / MC that overlaps that presently claimed.
Further, Ryoichi teaches a similar multilayer with raw materials and overlapping ranges of number of moles [34-39], and [44] as claimed, for exhibiting good barrier properties.
In the case where the claimed ranges “overlap or lie inside ranges disclosed by the prior art” a prima facie case of obviousness exists. In reWertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976); In reWoodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990). See MPEP 2144.05.
It would have been obvious to one of ordinary skill in the art at the time the invention was made to have selected from the overlapping portion of the range taught by the reference because overlapping ranges have been held to establish prima facie obviousness and for good barrier properties. MPEP 2144.05.
Re claims 7-8, given that claims 7-8 only further limit an optional component, these claims are considered met.
Re claims 12-13, Sasaki discloses that layer (W) has a thickness of 0.003-1 micron [175] while layer (Y) has a thickness of 0.05-4 microns [159] therefore the ratio of the thickness is 0.00075-20 (0.003/4 – 1/0.05).
In the case where the claimed ranges “overlap or lie inside ranges disclosed by the prior art” a prima facie case of obviousness exists. In reWertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976); In reWoodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990). See MPEP 2144.05.
It would have been obvious to one of ordinary skill in the art at the time the invention was made to have selected from the overlapping portion of the range taught by the reference because overlapping ranges have been held to establish prima facie obviousness. MPEP 2144.05.
The combination fails to disclose the organozirconium and metal compounds of aluminum oxide of titanium compounds as recited per claims 1 and 20-22.
JP discloses organozirconium and metal compounds of aluminum oxide of titanium compounds [86-87, 92-101, 146] for improvement of crosslinking improving water resistance and gas barrier properties in electronics packaging.
It would have been obvious to one of ordinary skill in the art to have modified the composition of the combination to have added, used, or substituted the compounds of JP for improvement of crosslinking improving water resistance in the gas barrier in electronics packaging.
Response to Arguments
Applicant’s arguments have been considered but are moot because the new ground of rejection has mitigated the amended limitations.
References of Interest
The remaining references listed on form(s) 892 and/or 1449 have been reviewed by the examiner and are considered to be cumulative to or less material than the prior art references relied upon in the rejection above.
US20180022073A1 teaches as similar structure
Response to Arguments
Applicant argues the new claims as amended, however, the arguments are moot in view of the new grounds of rejection. The prior references are used similarly but in combination as set forth above.
Conclusion
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TAMRA L. DICUS
Primary Examiner
Art Unit 1787
/TAMRA L. DICUS/Primary Examiner, Art Unit 1787