DETAILED ACTION
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim Rejections - 35 USC § 102
Claims 1-6, 9, 11, 13, 15, 16 and 19 stand rejected under 35 U.S.C. 102(a)(1) as being anticipated by Sato (US-2014/0287271).
Claim 1: Sato teaches magnetic recording medium comprising a non-magnetic
support and a magnetic layer containing ferromagnetic powder (para. 0017), having an
arithmetic average roughness Ra measured on a surface of the magnetic layer is 2.5
nm or less and a protrusion height difference C (=a-b) is 0.7 nm or more. (Sato, Page
14, Tables 2 & 3, Examples 4-8, 11-12 & 14). Although the measuring method for protrusion height may be slightly different from that of the claimed invention, the resulted range of values are deemed to have met the values of the claimed range unless proven otherwise.
Claims 2-4: Sato teaches magnetic recording medium wherein the average
surface roughness is 1.9 to 2.5 nm, which is well within the claimed range of 0.8-2.5 nm
and the protrusion height difference is 0.7 nm to 3.0 nm (Sato, Page 14, Tables 2-3,
Examples 4, 5, 9 and 11).
Claims 5-6, 9, 11, and 13: Sato teaches that the magnetic layer contains two or
more kinds of non-magnetic powders including alumina. See Sato, Examples 4 & 5 in
which the magnetic layer comprises the same component as Example 1 in which the
magnetic layer comprises two non-magnetic powder alumina and silica. See Sato,
para. 0108-0122, 0179-0181.
Claim 15: Sato teaches a non-magnetic coating layer between the non-magnetic
support and the magnetic layer (para. 0097).
Claim 16. Sato teaches the magnetic recording medium further comprising a
back coating layer containing a non-magnetic powder on a surface side of the non-
magnetic support opposite to a surface side on which the magnetic layer (Sato, para.
0099; 0143-0149 and 0160).
Claim 19: The magnetic recording medium is used in magnetic recording and
reproducing devices (Sato, para.0006-0013).
Claim Rejections - 35 USC § 103
Claims 7-8, 10, 12, 14 and 17-19 stand rejected under 35 U.S.C. 103 as being
unpatentable over Sato in view of Masaki (US-2007/0231611)
Claims 7-8, 10, 12 and 14: Sato teaches the magnetic recording medium of the
claimed invention as discussed above. In addition, Sato teaches the magnetic layer to
contain non-magnetic powder including alumina and silica. In the same view of
endeavor, Masaki teaches magnetic recording medium comprising a magnetic layer
containing non-magnetic powder including alumina and carbon black (para. 0117, 0119
and 0121). Similar to Sato, Masaki teaches a magnetic recording medium comprising a
non-magnetic support; and a magnetic layer containing a ferromagnetic powder,
wherein an arithmetic average roughness Ra measured on a surface of the magnetic
layer is 2.1 nm or less (Masaki, Page 15, Table 3), Therefore, in light of Masaki's
teaching, it would have been obvious as matter of choice for the POSITA to utilize
alumina, silica or carbon black as the non-magnetic powder in the magnetic layer.
Claims 17-19: Masaki teaches it is common to use magnetic recording medium
as materials in magnetic tapes and cartridges (i.e. floppy disks) and recording/reproducing devices (Masaki, para. 0004-0006).
Response to Arguments
Applicant argues that Sato fails to teach the difference in protrusion height within the range as claimed showing the difference in measuring method via the Affidavit filed under 37 CFR 1.132. However, the Affidavit fails to overcome the rejection for the following reasons. Based on the showing, the Examiner concedes that there is a difference in the reference points to arrive at the protrusion height difference between the method of Sato and that of the claimed invention. However, Applicant fails to show that the protrusion height difference of Sato’s magnetic layer, if determined by Applicant’s measuring method, would fall outside the claimed range. Here, the Affidavit only shows that the protrusion height difference of the claimed invention is different when measured by Sato’s method, which is not germane to the issue at hands, which is the protrusion height difference of Sato product falls outside the claimed range. Short of that showing would not be adequate to overcome the rejection.
Applicant's arguments and the Affidavit under 37 CFR 1.132 filed October 8, 2025 have been fully considered but they are not persuasive for the reasons discussed above.
Conclusion
THIS ACTION IS MADE FINAL. 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.
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HOA (Holly) LE
Primary Examiner
Art Unit 1788
/HOA (Holly) LE/Primary Examiner, Art Unit 1788
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