DETAILED ACTION
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 .
Specification
The title of the invention is not descriptive. A new title is required that is clearly indicative of the invention to which the claims are directed.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 8 and 9 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
In claim 8, line 4, the term “the pressure-sensitive adhesive layer” lacks antecedent basis. Claim 9 is rejected due to its dependence upon rejected claim 8.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-9 are rejected under 35 U.S.C. 102(a)(1)/(2) as being anticipated by JP 2015-54074. An English language translation of JP ‘074 is attached to this Office action.
Regarding claim 1, JP ‘074 discloses a laminate (Figure 1) comprising a base material (reference # 7), a permeation layer (reference #3), and an outermost water-absorbent polymer-containing layer (reference #2).
Regarding claim 2, JP ‘074 discloses that the water-absorbent polymer layer is partially impregnated into the permeation layer to form an impregnated layer (reference #5, pg 2, 3rd to last paragraph).
Regarding claims 3 and 4, JP ‘074 discloses that the permeation layer can have a porous structure, such as being a nonwoven fabric (pg 3, 11th paragraph).
Regarding claim 5, JP ‘074 discloses that the base material has a waterproof function (pg 4, paragraphs 3, 5, and 6).
Regarding claims 6 and 7, JP ‘074 discloses that the water-absorbent polymer layer comprises a gelling agent and a xerogel (pg 2, last paragraph and pg 3, paragraph 3), which corresponds to the claimed “water-absorbent polymer particles” and the “adhesive component”.
Regarding claim 8, Figure 1 of JP ‘074 illustrates an embodiment wherein part of the adhesive layer opposite the base material is exposed.
Regarding claim 9, while Figure 1 of JP ‘074 depicts the water-absorbent polymer layer and the adhesive layer on different planes, the invention of JP ‘074 is directed to a wound dressing or adhesive bandage. During application of a wound dressing or adhesive bandage to a user, the outermost water-absorbent layer and the exposed adhesive layer would be on the same plane as defined by the body part being bandaged.
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 9 is rejected under 35 U.S.C. 103 as being unpatentable over JP 2015-54074 in view of JP 2018-71129. An English language translation of JP ‘129 is attached to this Office action.
This is an alternative rejection to the above rejection under 35 U.S.C. 102(a)(1)/(2) of claim 9. Figure 1 of JP ‘974 depicts an embodiment wherein the water-absorbent polymer layer and the adhesive layer are on different planes. JP ‘129, which is also directed to the adhesive outermost layer laminate art, discloses an embodiment wherein a functional layer, i.e., water-proof resin layer (Fig 6, reference 3), is provided on the same plane as the adhesive face of an adhesive tape (Fig 6, reference 2). It is recognized that JP ‘129 uses a water-proof resin layer as the functional layer, whereas the present claims and JP ‘074 use a water-absorbent layer. However, JP ‘129 is relied upon to simply show that the arrangement of the functional layer being on the same plane as the adhesive layer is known in the adhesive outermost layer laminate art. That is, it would have been obvious to one of ordinary skill in the art to have prepared the adhesive laminate of JP ‘074, wherein the water-absorbent layer is on the same plane as part of the adhesive layer of the laminate, motivated by the desire to obtain laminate capable of forming a tight seal between the functional layer, i.e., water absorbent layer, and the adhesive layer, as shown in JP ‘129.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Blaine Copenheaver whose telephone number is (571)272-1156. The examiner can normally be reached M-F 8-5.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Frank Vineis can be reached at (571)270-1547. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/BLAINE COPENHEAVER/Primary Examiner, Art Unit 1781