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 .
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.
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 1-4 rejected under 35 U.S.C. 103 as being unpatentable over JP2002265665 see paragraphs [0023]-[0035], [0043], [0053]of machine translation filed by applicants on 11-14-23 in view of JP2020090094 see paragraphs [0043-[0045] of machine translation filed by applicants on 10-31-24.
With regard to claim 1, the claim is directed to a method for producing a recycle film, the method comprising: (step 1) a removing step including removing an attachable matter from at least a functional layer in a laminated film including the functional layer and a substrate; (step 2) a pulverizing step including pulverizing at least the substrate to form a pulverized product; (step 3) a chipping step including chipping the pulverized product obtained in the step to form a recycle chip; and (step 4) a recycle film forming step including forming the recycle chip obtained in the step into a film and winding the film.
JP2002265665 discloses a method for recovering a release film including a base film and a release layer wherein the release layer is separated and removed so that only a clean base film is recovered. See paragraphs [0007]-[0009], [0023]-[0035], [0043], [0052]-[0053]. The primary reference further discloses that the recovered base film is pulverized into chips and reproduced into a film using biaxially stretching film machine. see paragraph [0043]. the reference also teaches that the recovered film can be cut into chips and remanufactured into a colorless and transparent biaxially stretched film see [0053].
JP2002265665 does not disclose “removing an attachable matter from at least a functional layer in a laminated film including the functional layer and a substrate” as claimed.
JP2020090094 discloses a method for efficiently removing a functional layer from a base film having a functional layer in a short time and more importantly teaches a method for removing a functional layer on at least one surface of a base film, which comprises a step of bringing the base film wound into a roll into contact with an alkaline treatment liquid in a long state. See [0009]-[[0011]-[0013] and [0024]. the reference further teaches that the functional layer may be a release layer, adhesive layer antistatic layer or a hard coat layer. see [0016]-[[0023]. the reference also teaches washing and removing functional layer material remaining after alkaline treatment. see paragraphs [0043]-[0045]. See paragraphs [0043-[0045].
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the recycling method of JP2002265665 by using the functional layer removal process taught by JP2020090094 since both references are directed to removing recycling. See JP2002265665 see paragraphs [0006]-[0009],[0031],[0052]-[0053]. See also JP2020090094 discloses paragraphs [0009], [0048]-[0051]. One would have been motivated to employ particular process as disclosed to improve the cleanliness of the recovered substrate before pulverizing and film forming, thereby facilitating production of a regenerated recycle film.
With regard to claim 2, is method for producing a recycle film according to claim 1, wherein the step 2 further includes pulverizing the functional layer from which the attachable matter has been removed.
JP2002265665 discloses recovering a substrate film after removing the release layer, pulverizing the recovered substrate into chips, and reproducing the chips into a regenerated film. see paragraphs [0043] and [0053].
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to pulverize any reining functional layer together with the recovered substrate because JP2002265665 teaches recycling the recovered film into new film feedstock and would have been a predictable use of the known recycling process steps.
With regard to claim 3, is directed to a method for producing a recycle film with a functional layer, the method comprising a functional layer forming step including providing a new functional 80 Our Ref.: F-P23322TB(US) layer on the recycle film obtained in claim 1. JP2002265665 discloses reproducing a regenerated film from the recovered substrate. see paragraph [0043] and [0053]. JP2020090094 discloses improving substrate films with functional layers, including release, adhesive, antistatic and hard coat layers. see paragraphs [0016-[0023].
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to apply a new functional layer to the recycled film obtained according to claim 2 in view of the combined teachings of JP2002265665 and JP2020090094.
With regard to claim 4, is directed method for producing a recycle film with a functional layer, the method comprising a functional layer forming step including providing a new functional layer on the recycle film obtained in claim 2.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to apply a new functional layer to the recycled film obtained according to claim 2 in view of the combined teachings of JP2002265665 and JP2020090094.
In conclusion, in view of the above, there appears to be no significant difference between the reference(s) and that which is claimed by applicant(s). Any differences not specifically mentioned appear to be conventional. Consequently, the claimed invention cannot be deemed as unobvious and accordingly is unpatentable.
Information Disclosure Statement
Note that any future and/or present information disclosure statements must comply with 37 CFR § 1.98(b), which requires a list of the publications to include: the author (if any), title, relevant pages of the publication, date and place of publication to be submitted for consideration by the Office.
Improper Claim Dependency
Prior to allowance, any dependent claims should be rechecked for proper dependency if independent claims are cancelled.
Correspondence
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TERRESSA M BOYKIN whose telephone number is (571)272-1069. The examiner can normally be reached M-F 7-5:30.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Heidi Kelley can be reached at 571 270-1831. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/Terressa Boykin/Primary Examiner, Art Unit 1765
Prosecution Insights