Claims 1-3, and 8-16 are pending in the application. Claims 8-16 have been withdrawn from consideration as being directed to a non-elected invention. Claims 1-3 are rejected.
The 112 rejection has been withdrawn in view of the present amendment and response filed on 01/08/2026.
The rejection over Seo I, in view of Seo II and Seo III has been maintained.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 1-3 are rejected under 35 U.S.C. 103 as being unpatentable over KR 2018004691 to Seo (hereinafter “Seo I”) further in view of KR 2018/0006046 or US 2019/0255801 to Seo (hereinafter “Seo II”) and US 2018/0078673 to Seo et al. (hereinafter “Seo III”).
Seo I discloses a waterproof sound-permeable sheet comprising a capturing support 100 and a waterproof sound-permeable layer 200 thereon, wherein the waterproof sound-permeable layer comprises a porous layer 220, a pore-free layer 240 laminated to the porous layer (figure 1). The porous layer comprises a web structure in which a plurality of fibers generated as an electrospinning solution containing a polymer material and a solvent is electrospun are laminated by intersecting each other (paragraph 26). A part of the porous layer is dissolved by the solvent to form the pore-free layer (description of embodiments). The pore-free layer is thus comprised of the web structure in which the fibers are laminated by intersecting each other. Seo I also discloses that the waterproof sound-permeable sheet is installed in the sound hole to allow sound to pass through but block water and dust (description of embodiments).
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Seo I discloses that the porous layer further includes beads made of the polymer material and having a lump shape and the beads formed at both ends of the fibers (figure 8).
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Seo I does not explicitly disclose (i) the waterproof sound-permeable sheet further comprising a first adhesive layer and a second adhesive layer attached to each side of the waterproof sound-permeable layer, and (ii) a ratio of the fibers and the beads in the porous layer in a range from 3:7 to 7:3.
Seo II, however, discloses that a breathable waterproof sheet comprises a waterproof air-permeable layer 110, a first adhesive layer 120, a second adhesive layer 130 and a support layer 140 (figure 1). The first adhesive layer is provided for securing the waterproof air-permeable layer to a case 300 of a portable terminal (paragraph 28). The waterproof air-permeable layer is composed of a porous membrane formed through electrospinning a polymer material (paragraph 22).
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Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to provide an adhesive layer disclosed in Seo II on both surfaces of the waterproof sound-permeable layer disclosed in Seo I motivated by the desire to promote adhesion strength of the waterproof sound-permeable layer as it is disposed between the support layer and the case of the portable terminal.
As to claims 2 and 3, Seo I discloses the pore-free layer that is formed by blocking of the pores in the porous layer as the porous layer is dissolved by a solvent spun with the polymer material during electrospinning.
Seo I does not explicitly disclose a ratio of the thickness of the pore-free layer and the porous layer in a range from 1:1 to 1:19.
In the case, where the claimed ranges overlap or touch the range disclosed by the prior art a prima facie case of obviousness exists. In re Wertheim, 541 F.2d 257,191 USPQ90 (CCPA 1976); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990), In re Geisler, 116 F.3d 1465, 1469-71, 43 USPQ2d 1362, 1365-66 (Fed. Cir. 1997).
The claim is not rendered unobvious because discovering the optimum or workable ranges involves only routine skill in the art. Difference in a ratio of the thickness of the pore-free layer and the porous layer will not support the patentability of subject matter encompassed by the prior art unless there is evidence indicating such a ratio is critical or provides unexpected results.
Therefore, in the absence of unexpected results, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to use a ratio of the thickness of the pore-free layer and the porous layer in the range instantly claimed, motivated by the desire to provide higher water pressure, thereby enhancing waterproof performance. This is in line with In re Aller, 105 USPQ 233 which holds discovering the optimum or workable ranges involves only routine skill in the art.
Seo III, however, discloses a cell culture support comprising a fibrous web having a plurality of pores in which fibers containing a water-soluble polymer and a synthetic polymer obtained by electrospinning are accumulated (abstract). The spinning solution has a viscosity in the range from 50 to 2000 cps in order to create the beads at both ends of the fibers (paragraph 68). In particular, the spinning solution has a viscosity of 260 cps to prepare a fibrous web in which the fibers having beads are accumulated (paragraph 70 and figure 4B).
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Turning to Applicant’s disclosure, a ratio of the fibers to the beads is dictated by the viscosity of the spinning solution. When the viscosity of the electrospinning solution is in a range of 100 to 400 cp, the waterproof sound transmitting layer includes the fibers and the beads at an appropriate ratio in consideration of both the sound transmission performance and the pressure resistance (paragraph 75 of Applicant’s specification).
As the spinning solution of Seo III has a viscosity of 260 cps within the range set forth in the specification of the claimed invention, the examiner takes the position that the ratio of the fibers to the beads in the porous layer would inherently be in the range of 3:7 to 7:3.
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention use the ratio of the fibers to the beads disclosed in Seo I in the range instantly claimed motivated by the desire to facilitate the formation of the beads from the fibers.
Response to Arguments
Applicant alleges the claim is not rendered obvious in view of the combination of the Seo references because none of these references disclose or suggest the beads being formed at both ends of each of the fibers with a ratio of the fibers to the beads in a range of 3:7 to 7:3.
The examiner respectfully disagrees.
Seo I discloses that the porous layer further includes beads made of the polymer material and having a lump shape, wherein the beads are formed at both ends of the fibers (figure 8).
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Seo I does not explicitly disclose a ratio of the fibers and the beads in the porous layer in a range from 3:7 to 7:3.
Seo III discloses a cell culture support comprising a fibrous web having a plurality of pores in which fibers containing a water-soluble polymer and a synthetic polymer obtained by electrospinning are accumulated (abstract). The spinning solution has a viscosity in the range from 50 to 2000 cps in order to generate the beads at both ends of the fibers (paragraph 68). In particular, the spinning solution has a viscosity of 260 cps to prepare a fibrous web in which the fibers having beads are accumulated (paragraph 70 and figure 4B).
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Turning to Applicant’s disclosure, a ratio of the fibers to the beads is dictated by the viscosity of the spinning solution. When the viscosity of the electrospinning solution is in a range of 100 to 400 cp, the waterproof sound transmitting layer includes the fibers and the beads at an appropriate ratio in consideration of both the sound transmission performance and the pressure resistance (paragraph 75 of Applicant’s specification).
As the spinning solution of Seo III has a viscosity of 260 cps within the range set forth in the specification of the claimed invention, the examiner takes the position that the ratio of the fibers to the beads in the porous layer would inherently be in the range of 3:7 to 7:3.
Applicant asserts that Seo III relates to a cell structure support using a water-soluble polymer and thus the technical field to which the Seo III pertains and the technical problems to be solved are fundamentally different from those of the present invention.
The examiner respectfully disagrees.
Seo III discloses a cell culture support comprising a fibrous web having a plurality of pores in which fibers containing a water-soluble polymer and a synthetic polymer obtained by electrospinning are accumulated (abstract). The spinning solution has a viscosity in the range from 50 to 2000 cps in order to generate the beads at both ends of the fibers (paragraph 68). Both Seo I and Seo III are concerned with the fibrous web comprising fibers having the beads at both ends thereof wherein the fiber web is prepared using electrospinning. Therefore, the teachings in one of the Seo references would have been pertinent to the problems in another. Seo III is thus analogous art to the claimed invention.
As there is a motivation to combine the teachings of the Seo references, a prima facie case of obviousness is said to exist. Accordingly, the rejection over the Seo references has been maintained.
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Hai Vo whose telephone number is (571)272-1485. The examiner can normally be reached M-F: 9:00 am - 6:00 pm with every other Friday off.
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/Hai Vo/
Primary Examiner
Art Unit 1788