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 § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1-5 and 7 are rejected under 35 U.S.C. 102(a)(1) as being clearly anticipated by Oshita et al (US 2011/0230609).
Oshita discloses (α) a pressure-sensitive adhesive composition for optical films, the composition containing an isocyanate compound and an acrylic triblock copolymer (I) satisfying requirements (E1), (E2), (E3) and (E4) below: (E1) the acrylic triblock copolymer (I) is an acrylic triblock copolymer represented by formula (1) below; (E2) the content of the polymer block B is 40-95 mass%; (E3) the weight-average molecular weight (Mw) is 50,000-300,000; and (E4) the molecular weight distribution (Mw/Mn) is 1.0-1.5, wherein (β) the content of the acrylic triblock copolymer (I) is 60 mass% or higher on the basis of the solids mass of the pressure-sensitive adhesive composition; and (γ) the composition contains the isocyanate compound in an amount such that the content of the isocyanate group in the isocyanate compound ranges from 0.0015 mass% to less than 0.35 mass% relative to the mass of the solids of the pressure-sensitive adhesive composition” (claim 1); “the pressure-sensitive adhesive composition for optical films set forth in claim 1 or 2, wherein the content of an antistatic agent is 0.1-10 mass% relative to the mass of the solids of the pressure-sensitive adhesive composition” (claim 3); and “a pressure-sensitive adhesive-type optical film or a protective film for pressure-sensitive adhesive-type optical films, having a pressure-sensitive adhesive layer made up of the pressure-sensitive adhesive composition for optical films (claim 8). Oshita indicates that an alkali metal salt or a surfactant may be used as the antistatic agent (paragraph [0120]), and that PET or PP may be used as a plastic material utilized in the protective film for optical films (paragraph [0173]).
Oshita (examples) describes a pressure-sensitive adhesive composition that contains an acrylic triblock copolymer, an isocyanate compound and an antistatic agent such as a mixture of an ion conductive agent made up of lithium perchlorate and a side chain polyether-modified silicone oil (polyol compound), and describes producing a pressure-sensitive adhesive-type optical film by applying the above pressure-sensitive adhesive composition onto a separator film (“A71”, by Teijin Du Pont). The document describes specifically a polarizing plate B (polarizing plate having a layer build-up of TAC/PVA/TAC) (examples 9-13).
Claim(s) 1-2, 4-5 and 7-8 are rejected under 35 U.S.C. 102(a)(1) as being clearly anticipated by Norimasa et al (JP 2014118469).
Norimasa discloses an antistatic pressure-sensitive adhesive composition resulting from dispersing a salt comprising an anion having a fluoro group and a sulfonyl group, in a composition that comprises a pressure-sensitive adhesive resin, wherein said salt comprising an anion having a fluoro group and a sulfonyl group is dispersed in a state of being dissolved in a polyether ester-based plasticizer comprising a polyether group in the main chain thereof” (claim 1); and a protective pressure-sensitive adhesive film having a base material and a pressure-sensitive adhesive layer, wherein said pressure-sensitive adhesive layer is formed from an antistatic pressure-sensitive adhesive composition resulting from dispersing a salt comprising an anion having a fluoro group and a sulfonyl group, and wherein said salt comprising an anion having a fluoro group and a sulfonyl group is dispersed in a state of being dissolved in a polyether ester-based plasticizer comprising a polyether group in the main chain thereof (claim 11). Norimasa indicates that various materials comprising a lithium salt can be used as the salt comprising an anion having a fluoro group and a sulfonyl group, and that various well-known materials such as PET or polypropylene film can be used as the base material.
Norimasa (examples) specifically describes an acrylic pressure-sensitive adhesive composition comprising an acrylic copolymer, an isocyanate-based cross-linking agent and lithium bis(trifluoromethanesulfonyl)imide, and an implementation in which the above pressure-sensitive adhesive composition is applied on a polyester film separator, and a polyester film is further affixed to the surface of the pressure-sensitive adhesive (examples 1-4).
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) 6 and 9-11 are rejected under 35 U.S.C. 103 as being unpatentable over Oshita et al (US 2011/0230609) as described above.
Oshita discloses a pressure sensitive adhesive type optical film and a pressure sensitive adhesive type protective film for an optical film having a pressure sensitive adhesive layer formed from the above adhesive composition for an optical film, and an image display device in which such a pressure sensitive adhesive type optical film and/or a pressure sensitive adhesive type protective film for an optical film is used. These films can be used in optical applications including, but not limited to, a polarizing film, a polarizing plate, a retardation film, a retardation plate, a view angle enlarging film, a brightness increasing film, an antireflection film, an anti-glare film, a color filter, a light guide plate, a diffusion film, a prism sheet, an electromagnetic wave shielding film, a near-infrared absorption film, and functional composite optical films having a plurality of optical functions. See paragraph [0052]. It is the examiner’s position that it is well known in the art that glasses, goggles and face shields exhibit optical properties which would require such a protective film. Therefore it would have been obvious to one having ordinary skill in the art to employ the optical protective film disclosed by Oshita on such glasses, goggles or face shields.
Conclusion
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JAMES D. SELLS
Primary Examiner
Art Unit 1745
/JAMES D SELLS/Primary Examiner, Art Unit 1745