DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 09/18/2026 has been entered.
Applicants' arguments have been fully considered. Rejections and/or objections not reiterated from previous office actions are hereby withdrawn due to Applicant's amendments and/or arguments. The following rejections and/or objections are either reiterated or newly applied.
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.
Claims 1-3, 5-14, 16-19, and 20-21 are rejected under 35 U.S.C. 103 unpatentable over US 20110217541 to Shimano et al. in view of EP 2498130 A2 (Shitabatake et al.)
Re claims 1-3, 7-12, 19, Shimano et al. teaches Fig. 1 and associated text a
film, Shimano et al. teaches Fig. 1 and associated text a hard coat cured product of cycloolefin polymer [95] and [145-146] of meth acryloyloxy group (same as Applicant’s) [90-95, 145-146] silica, [224] urethane acrylate and [90] methacrylol, for ensuring a cured product and no cracking [217]. Inorganic particles are taught [15], Shimano (per claim 2). See [210-222], Shimano – PET and cycloolefin structure (per claim 8).
All properties not explicit (i.e. peak area ratio…) are inherent given the same materials and structure used.
Further to product by process limitations (per claims 9 and 11) of before heat treatment and after curing, these are process limitations in a product claim and not germane to patentability.
Shimano doesn’t teach the amorphous silica as claimed.
Shitabatake teaches amorphous silica as claimed for the Filler [0235, 237] includes spherical silica surface-treated with a silane coupling agent. [0236] The [0237] benefits are the thermal cycle test resistance and storage stability of the curable composition are enhanced [0238] The term "spherical" in the spherical filler may be sufficient if the particle is not of a needle-like, columnar or amorphous shape but is rounded, and the shape need not be necessarily "truly spherical". However, the typical "spherical" form is "a truly spherical" shape. [0239] confirmed via SEM.
It would have been obvious to one of ordinary skill in the art at the effective filing date time the invention was made to have selected the amorphous silica as claimed for the benefits as above the thermal cycle test resistance and storage stability of the curable composition are enhanced as taught by Shitabatake.
Shimano essentially teaches the claimed invention.
Shimano doesn’t teach the exact ranges but are overlapping. See [0048], Shimano – overlapping ranges (per claims 5, 13-14, and 16-19). [20-27, 41, 50-54, 83, 481], See Shimano – overlapping ranges and motivation to adjust thickness due to excellent production and performance (1, 2, and 5, Fig. 1 function as applicant’s two hard layers per claims 6-7).
Note that overlapping ranges have this application: In the case where the claimed ranges “overlap or lie inside ranges disclosed by the prior art” a prima facie case of obviousness exists. In reWertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976); In reWoodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990). See MPEP 2144.05.
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 effecting functionality (i.e. each layer affecting overall performance) because overlapping ranges have been held to establish prima facie obviousness. MPEP 2144.05.
Re claims 20-21, Shimano doesn't teach the materials as claimed but teaches
silica, [224] urethane acrylate and [90] methacrylol.
Shitabatake discloses a similar curable composition [10] of excellent pattern with
excellent heat/cold shock resistance having the [23] same (meth)acryloyl, amorphous
[235, 237-238] silica for good profile, and [257], [261] elastomer urethane and acrylic
blend is within the teaching for improved heat resistance [256].
It would have been obvious to one of ordinary skill in the art at the effective filing
date time the invention was made to have selected only the materials of Shimano in the similar cured composition of Shimano for at least excellent patterns and shock
resistance.
Response to Arguments
Applicant’s arguments with respect to claim have been fully considered but are moot in view of the new art applied above.
Applicant argues the unevenly distribution and points to the specification for support. However, limitations from the specification are not read in to the claims. Applicant is welcomed to amend the claims to what is intended.
References of Interest
The remaining references listed on form(s) 892 and/or 1449 have been reviewed by the examiner and are considered to be cumulative to or less material than the prior art references relied upon in the rejection above. US 20180361719 to Kikuchi teaches a hard coat [153] where radically polymerizable groups include (meth)acryloyloxy and vinyl, of which (meth)acryloyloxy is generally employed.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TAMRA L. DICUS whose telephone number is (571)272-2022. The examiner can normally be reached M-F 8:00 am 4:00 pm.
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/TAMRA L. DICUS/Primary Examiner, Art Unit 1787
TAMRA L. DICUS
Primary Examiner
Art Unit 1787
