DETAILED ACTION
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 November 19, 2025 has been entered.
Claims 1 and 7 have been amended. Claims 1, 2, 7 and 9 are currently pending and under examination.
All previous rejections are withdrawn, as applicants have amended to limit the adhesive to containing 0.01-0.1 wt% of a sterically hindered amine-based compound of formulae (2A) and/or (2C); however, upon further consideration, a new ground(s) of rejection is proposed below.
The texts of those sections of Title 35 U.S. Code are not included in this section and can be found in a prior Office action.
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
Claims 1-2 are rejected under 35 U.S.C. 103 as being unpatentable over Hanaki (US 2013/0115406).
Hanaki teaches a wheel protective film including a base layer and a pressure-sensitive adhesive layer (Abstract), where the pressure-sensitive adhesive layer is an acrylic pressure sensitive adhesive comprising a (meth)acrylic polymer and a cross-linking agent (p. 2, [0033]), where the cross-linking agent is specifically listed to include isocyanates (p. 4, [0061]-[0063]).
Hanaki teaches the inclusion of a light stabilizer, specifically listed to include Uvinul 5050H (p. 6, [0077]). Uvinul 5050H is known in the art as meeting applicants’ Formula (2C), as evidenced by Schambony (p. 2, [0038]), and can absorb UV radiation with wavelengths ranging from 290-400 nm.
While Hanaki does not describe Uvinul 5050H as a light absorber, the compound is the same as that claimed; therefore, the compound inherently meets the claimed limitation of a light absorber.
Hanaki teaches the light stabilizer in an amount of 0.05-2 phr based on the solids of the acrylic polymer in the adhesive. Hanaki exemplifies the solids content of the adhesive as 20 wt% in Example 1, suggesting that the light stabilizer is present in an amount of 0.01-0.4 wt% based on the total adhesive composition, which overlaps with the claimed range of 0.01-0.1 wt%, and it has been held that overlapping ranges are sufficient to establish prima facie obviousness. See MPEP 2144.05.
Therefore, 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.
Hanaki is prima facie obvious over instant claims 1-2.
Claims 7 and 9 are rejected under 35 U.S.C. 103 as being unpatentable over Hanaki (US 2013/0115406), as applied above to claims 1-2, and further in view of Schambony (US 2010/0160502).
Hanaki is prima facie obvious over instant claims 1-2, as described above and applied herein as such, as Hanaki teaches an acrylic pressure-sensitive adhesive comprising a (meth)acrylic polymer, an isocyanate crosslinking agent and Uvinul 5050H as a lights stabilizer, which is known to absorb UV light with wavelengths of 290-400 nm and meets applicants’ Formula (2C).
Hanaki does not teach or suggest the claimed combination of light absorbers, as claimed in instant claim 7.
Schambony teaches stabilizer mixtures, teaching a combination of an oligomeric compound (A), exemplified as Uvinul 5050H with a formula of (Ia) (p. 2, [0038]) and a compound (B) with the formula (IIa) below, which meets applicants’ formula (2A), and is known in the art as Uvinul 4050H (p. 3, [0046]):
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Schambony teaches a combination of (Ia) and (IIa) (p. 3, [0056]), teaching that the combination has increased synergistic stabilizing action when compared to using either that of (Ia) or (IIa), alone, allowing for the use of a lesser amount of stabilizer when used as a combination (p. 1, [0007], p. 8, [0152] and p. 9, [0154]). Schambony teaches this stabilizer combination as suitable for stabilizing poly(meth)acrylate polymers (p. 8, [0136]).
Therefore, it would have been obvious to one of ordinary skill in the art at the time the invention was filed to have used a combination of 0.01-0.4 wt% (or less) of Uvinul 5050H and Uvinul 4050H, in place of the Uvinul 5050H in Hanaki, as Schambony teaches that the combination has increased synergistic stabilizing action and allowing for the use of a lesser amount of stabilizer in total when used in combination compared to one compound, alone.
Hanaki in view of Schambony is prima facie obvious over instant claim 7.
As to claim 9, Uvinul 5050H and Uvinul 4050H absorb UV-A (320-400 nm) and UV-B (280-320 nm) rays.
Response to Arguments
Applicant’s arguments with respect to the instant invention have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRIEANN R JOHNSTON whose telephone number is (571)270-7344. The examiner can normally be reached Monday-Friday, 8:00 AM - 4:00 PM EST.
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/Brieann R Johnston/Primary Examiner, Art Unit 1766