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 .
Applicant’s election without traverse of Group I, claims 1-8, in the reply filed on 4/30/26 is acknowledged. Claims 9-12 have been withdrawn from consideration as being directed toward a non-elected invention as detailed in paper filed 4/30/26.
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 3,6 and 7 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.
Regarding claims 3,6 and 7, the term, “perpendicular projection” in unclear and confusing as to what this refers to. Clarification is requested.
Claim Rejections - 35 USC § 103
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 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 and 5-8 are rejected under 35 U.S.C. 103 as being unpatentable over CN 111874438.
CN 111874438 teaches a humidity control pad for sealing device and manufacturing method thereof. CN 111874438 teaches a humidity control pad (2) (claimed humidity control layer), a first anti-reverse osmosis composite film (3) (claimed first gas permeable layer), a paper cushion (4) (claimed second gas permeable layer) and a second anti reverse osmosis composite film (5) and an adhesive layer (1) clamed fixing layer which is opposite of the first and second gas permeable layers. The layers would be “capable” of allowing passage of water vapor and/or water for controlling the moisture in the humidity pad. The first and second anti-reverse osmosis composite films can include ventilation films as well which would increase the humidity stack.
CN 111874438 fails to teach fixing the humidity layer to a carrier.
While the Examiner acknowledges the fact that the humidity stack is not fixed to a carrier, the Examiner takes the position that the adhesive film (1) would be applicable to being fixed to a substrate including a carrier and hence would be obvious for one skilled in the art to have fixed the humidity stack to a carrier with the expectation of success.
Regarding claim 5, the claim recites a process limitation of a hemming process to connect the layers and since the claim is a product claim, the product is not defined by the process limitation but the structure of the stacked layers and hence would meet the claimed limitation.
Regarding claims 6 and 7, the claimed stack includes a first gas permeable layer (3) which covers the humidity layer as well as a second gas permeable layer (4) which covers a first gas permeable layer (3) and these have a “perpendicular projection” (height) and would meet the claim.
Regarding claim 8, The ventilation films which are part oof the first and or second gas permeating films include materials of PE or non-woven fabrics (contents of invention – paragraphs 2 and 4).
Allowable Subject Matter
Claims 2-4 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter:
The prior art fails to teach an insulating isolation layer arranged between the humidity layer and the fixing layer where the isolation layer also is configured to prevent passage of water vapor and the fixing layer is configured to fix the insulation isolation layer, the humidity control layer, the first gas permeable layer and the second gas permeable layer to the carrier.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRIAN K TALBOT whose telephone number is (571)272-1428. The examiner can normally be reached Monday -Friday 7-4PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, MICHAEL CLEVELAND can be reached at 571-272-1418. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/BRIAN K TALBOT/Primary Examiner, Art Unit 1712
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