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.
Claim(s) 1-6, 9-12 and 19-36 is/are rejected under 35 U.S.C. 103 as being unpatentable over Katami et al. (US 2015/0376477) in view of Ooga et al. (US 2015/0050432).
Regarding claims 1-6, 9-12, 19-20 and 25-26, Katami discloses a pressure sensitive adhesive sheet comprising a pressure sensitive adhesive (PSA) layer (title), wherein the PSA layer contains an acrylic polymer comprising a mixture of monomer components constituting an acrylic polymer (paragraphs 0068-0070), wherein the acrylic polymer comprises combination of 2 ethylhexyl acrylate and isostearyl acrylate, i.e. the (meth)acrylic alkyl ester having an alkyl group having 8 or more carbon atoms comprises a (meth)acrylic alkyl ester having a branched-chain alkyl group having 8 or 9 carbon atoms and a (meth)acrylic alkyl ester having a branched-chain alkyl group having 10 to 24 carbon atoms, (paragraphs 0070, 0071, 0072).
Katami does not disclose hydrogenated polyolefinic resin such as hydrogenated polybutadiene and hydrogenated polyolefin polyol.
Ooga discloses adhesive sheet (title) comprising adhesive composition wherein the adhesive comprising hydrogenated polyolefin such as hydrogenated polybutadiene and/or hydrogenated polybutadiene polyol to obtain heat resistance and to increase adhesive properties (paragraphs 0036, 0073-0075, 0096).
Since the instant specification is silent to unexpected results, the specific amounts of hydrogenated polybutadiene and hydrogenated polybutadiene polyol are not considered to confer patentability to the claims. As the heat resistance and adhesive properties are variable that can be modified, among others, by adjusting the amounts of hydrogenated polybutadiene and hydrogenated polybutadiene polyol, the precise amounts would have been considered a result effective variable by one having ordinary skill in the art at the time the invention was made. As such, without showing unexpected results, the claimed amounts cannot be considered critical. Accordingly, one of ordinary skill in the art at the time the invention was made would have optimized, by routine experimentation, the amounts of hydrogenated polybutadiene and hydrogenated polybutadiene polyol in the adhesive of Katami in view of Ooga to obtain the desired heat resistance and adhesive properties (In re Boesch, 617 F.2d. 272, 205 USPQ 215 (CCPA 1980)), since it has been held that where the general conditions of the claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. (In re Aller, 105 USPQ 223).
Regarding claims 21-22, Katami in view of Ooga discloses the PSA sheet of claims 19-20, wherein the PSA layer has a gel fraction from 65 to 99% (paragraph 0159).
Regarding claims 23-24, Katami in view of Ooga discloses the PSA sheet of claim 19, wherein given that the PSA sheet of Katami in view of Ooga discloses the same composition and the same structure as claimed in present claims, it is clear that the PSA sheet of Katami in view of Ooga would intrinsically possess the same properties as claimed in present claims.
Regarding claims 27-28, Katami in view of Ooga discloses the PSA sheet of claims 25-26, wherein Katami discloses the thickness PSA is 12 to 350 microns (paragraph 0024).
Regarding claim 29-30, Katami in view of Ooga discloses the PSA sheet of claims 25-26, wherein Katami discloses an optical component comprising the PSA sheet and a base layer, i.e. substrate, wherein the substrate comprises metal wiring on its face and the PSA is laminated on the face of the substrate on the side having the metal wiring (paragraphs 0186-0188).
Regarding claims 31-32, Katami in view of Ooga discloses the optical member of claims 29-30, wherein the metal wiring is metal mash or silver nanowire (paragraphs 0188, 0189).
Regarding claims 33-34, Katami in view of Ooga discloses the PSA sheet of claims 25-26, wherein Katami discloses a touch panel comprising the PSA sheet and a base layer, i.e. substrate, wherein the substrate comprises metal wiring on its face and the PSA is laminated on the face of the substrate on the side having the metal wiring (paragraphs 0184, 0186-0188).
Regarding claims 35-36, Katami in view of Ooga discloses the touch panel of claims 33-34, wherein the metal wiring is metal mash or silver nanowire (paragraphs 0188, 0189).
Claim(s) 1-6, 9-12 and 19-36 is/are rejected under 35 U.S.C. 103 as being unpatentable over Katami et al. (US 2015/0376477) in view of Kosakai et al. (JP 2006-342287).
Regarding claims 1-6, 9-12, 19-20 and 25-26, Katami discloses a pressure sensitive adhesive sheet comprising a pressure sensitive adhesive (PSA) layer (title), wherein the PSA layer contains an acrylic polymer comprising a mixture of monomer components constituting an acrylic polymer (paragraphs 0068-0070), wherein the acrylic polymer comprises combination of 2 ethylhexyl acrylate and isostearyl acrylate, i.e. the (meth)acrylic alkyl ester having an alkyl group having 8 or more carbon atoms comprises a (meth)acrylic alkyl ester having a branched-chain alkyl group having 8 or 9 carbon atoms and a (meth)acrylic alkyl ester having a branched-chain alkyl group having 10 to 24 carbon atoms, (paragraphs 0070, 0071, 0072).
Katami does not disclose hydrogenated polyolefinic resin such as hydrogenated polybutadiene and hydrogenated polyolefin polyol.
Kosakai discloses adhesive composition comprising 5 to 100 parts by mass of blend of hydrogenated polybutadiene resin such as BI-2000 and hydrogenated polybutadiene derivatives resin such as GI-1000 to obtain elastic modulus and adhesion (0014-0015).
Since the instant specification is silent to unexpected results, the specific amounts of hydrogenated polybutadiene and hydrogenated polybutadiene polyol are not considered to confer patentability to the claims. As the elastic modulus and adhesion are variable that can be modified, among others, by adjusting the amounts of hydrogenated polybutadiene and hydrogenated polybutadiene polyol, the precise amounts would have been considered a result effective variable by one having ordinary skill in the art at the time the invention was made. As such, without showing unexpected results, the claimed amounts cannot be considered critical. Accordingly, one of ordinary skill in the art at the time the invention was made would have optimized, by routine experimentation, the amounts of hydrogenated polybutadiene and hydrogenated polybutadiene polyol in the adhesive of Katami in view of Kosakai to obtain the desired elastic modulus and adhesion (In re Boesch, 617 F.2d. 272, 205 USPQ 215 (CCPA 1980)), since it has been held that where the general conditions of the claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. (In re Aller, 105 USPQ 223).
Regarding claims 21-22, Katami in view of Kosakai discloses the PSA sheet of claims 19-20, wherein the PSA layer has a gel fraction from 65 to 99% (paragraph 0159).
Regarding claims 23-24, Katami in view of Kosakai discloses the PSA sheet of claim 19, wherein given that the PSA sheet of Katami in view of Kosakai discloses the same composition and the same structure as claimed in present claims, it is clear that the PSA sheet of Katami in view of Kosakai would intrinsically possess the same properties as claimed in present claims.
Regarding claims 27-28, Katami in view of Kosakai discloses the PSA sheet of claims 25-26, wherein Katami discloses the thickness PSA is 12 to 350 microns (paragraph 0024).
Regarding claim 29-30, Katami in view of Kosakai discloses the PSA sheet of claims 25-26, wherein Katami discloses an optical component comprising the PSA sheet and a base layer, i.e. substrate, wherein the substrate comprises metal wiring on its face and the PSA is laminated on the face of the substrate on the side having the metal wiring (paragraphs 0186-0188).
Regarding claims 31-32, Katami in view of Kosakai discloses the optical member of claims 29-30, wherein the metal wiring is metal mash or silver nanowire (paragraphs 0188, 0189).
Regarding claims 33-34, Katami in view of Kosakai discloses the PSA sheet of claims 25-26, wherein Katami discloses a touch panel comprising the PSA sheet and a base layer, i.e. substrate, wherein the substrate comprises metal wiring on its face and the PSA is laminated on the face of the substrate on the side having the metal wiring (paragraphs 0184, 0186-0188).
Regarding claims 35-36, Katami in view of Kosakai discloses the touch panel of claims 33-34, wherein the metal wiring is metal mash or silver nanowire (paragraphs 0188, 0189).
Response to Arguments
Applicant's arguments filed 06/08/2026 have been fully considered but they are not persuasive.
Applicant argues that the specific combination of the present invention achieves the effect of forming a PSA layer that allows the appearance of a display device and unlikely to deteriorate even under low pressure conditions. Given that Katami in view of Ooga and Katami in view of Kosakai discloses the same PSA composition as claimed in present claims, it is clear that Katami in view of Ooga and Katami in view of Kosakai would achieves the same effect as explained above.
Applicant argues that ratio of the hydrogenated polyolefin to the hydrogenated polyolefin polyol is not a result effective variable. However, it is noted that the ratio of hydrogenated polyolefin and hydrogenated polyolefin polyol is depended on each individual amounts. Given that Ooga discloses adhesive sheet comprising adhesive composition wherein the adhesive comprising hydrogenated polyolefin such as hydrogenated polybutadiene and/or hydrogenated polybutadiene polyol to obtain heat resistance and to increase adhesive properties in paragraphs 0036, 0073-0075, 0096, one of ordinary skill in the art would adjust the amount of hydrogenated polybutadiene and hydrogenated polybutadiene polyol to obtain desired heat resistance and to increase adhesive properties wherein it is noted that the amounts of hydrogenated polybutadiene and hydrogenated polybutadiene polyol can necessarily be converted to ratio of hydrogenated polybutadiene and hydrogenated polybutadiene polyol as presently claimed. The same response applied to Katami in view of Kosakai rejection.
Applicant argues that there is no disclosure in Ooga that a ratio of hydrogenated polybutadiene and hydrogenated polybutadiene polyol has any effect on any property. However, Ooga does disclose using hydrogenated polybutadiene and hydrogenated polybutadiene polyol to obtain heat resistance and to increase adhesive properties as explained above where the amounts can easily be converted into ratio.
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 SAMIR SHAH whose telephone number is (571)270-1143. The examiner can normally be reached 8:00am - 5:00pm.
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/SAMIR SHAH/Primary Examiner, Art Unit 1787
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