DETAILED ACTION
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 8-9 and 11-12 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.
Claim 8 recites “in which the oxyalkylene group is optionally adopted singly or as a mixture of two or more kinds thereof”. The term “optionally” renders the identity of A1O as unclear if the oxyalkylene is present or considered optional.
Furthermore, claim 8 also recites “mixture of two or more kinds thereof”, wherein the term “kinds” is indefinite since it is unclear as to what “kinds” is intended to convey.
Additionally, claim 8 recites “* represents a position of binding with other group”. It is not clear what “other group” is intended to convey since there is no positive recitation as to the modification with respect to the polyvinyl acetal or how the polyvinyl acetal is modified with respect to the polyalkylene oxide. Clarification is requested for the above.
Claim 9 recites “R1 in the formula (1) represents an alkyl group”. Given that claim 8, upon which claim 9 depends upon recites “R1 represents an alkyl group having 1 to 8 carbon atoms, or a hydrogen atom”, it is not clear if the alkyl group in claim 9 has 1 to 8 carbon atoms or is a different alkyl group. Examiner assumes the alkyl group has 1 to 8 carbon atoms for compact prosecution. However, clarification is requested.
Claim 11 provides for the use in bonding of a first organic material substrate and a second organic material substrate or inorganic material substrate, but, since the claim does not set forth any steps involved in the method/process, it is unclear what method/process applicant is intending to encompass. A claim is indefinite where it merely recites a use without any active, positive steps delimiting how this use is actually practiced. Claim 11 is also rejected under 35 USC 101 because the claimed recitation of a use, without setting forth any steps involved in the process, results in an improper definition of a process, i.e., results in a claim which is not a proper process claim under 35 U.S.C. 101. See for example Ex parte Dunki, 153 USPQ 678 (Bd. App. 1967) and Clinical Products, Ltd. v. Brenner, 255 F. Supp. 131, 149 USPQ 475 (D.D.C. 1966). See MPEP 2173.05(q).
Claim 12 recites the limitations "the first organic material substrate” and "the second organic material substrate” in the second to third lines of the claim. There is insufficient antecedent basis for these limitations in the claim.
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 and 3-13 are rejected under 35 U.S.C. 103 as being unpatentable over Kawagoe et al. (US 20130338306).
Kawagoe discloses a polyoxyalkylene-modified polyvinyl acetal polymer and compositions thereof. Concerning claim 1, 5-6, and 8-9, Kawagoe discloses the composition is used as an adhesive (para. 0071) and has a film thickness of 200 microns for a testing method (para. 0094), wherein the composition comprises the polyvinyl acetal that is modified with 2 polyalkylene oxides having the claimed structure, repeat units, and alkyl groups (abstract; para. 0022-0026). Given that the composition is the same as that claimed and when compared to the instant application, the films would be considered to be pressure sensitive adhesives and have the claimed properties of claims 1 and 3. Examiner notes that the test methods are not given patentable weight since the claims are directed to an article. With respect to claim 4, the plasticizer is an optional component and as such, the embodiments of Kawagoe which do not contain plasticizer would meet the limitations as claimed.
Regarding claim 7, the viscosity degree of polymerization is from 150 to 5000 (para. 0052). While it is noted that the degree of polymerization is the result of the molecular weight of the polymer divided by the molecular weight of the repeat unit and Kawagoe discloses a viscosity average degree of polymerization, a viscosity average molecular weight is found to be between the number average molecular weight and weight average molecular weight. Given that the composition is used to form a film that can be an adhesive, the resulting resin composition would overlap and include the claimed range with respect to the weight average molecular weight.
Concerning claim 10, the degree of butyralization (or acetalization) is 35.0 mol% to 80 mol% (Table 2). With respect to claims 11-13, since the sheet formed from the composition can be used as an adhesive, it would have been obvious to one of ordinary skill in the art to apply the adhesive between any two substrates to form a laminate, including the claimed materials (para. 0071).
Claims 14 and 15 are rejected under 35 U.S.C. 103 as being unpatentable over Kawagoe et al. (US 20130338306) as applied to claim 13 above, and further in view of Fukatani et al. (US 20180079936).
Kawagoe discloses the above but is silent for use as an adhesive in a display device.
Fukatani discloses a laminate for a display device containing an interlayer of a polyvinyl acetal, wherein the allows for excellent adhesion between components without sacrificing optical properties (para. 0038-0046). As such, it would have been obvious to one of ordinary skill in the art to apply the laminate into a display device for the above reasons.
Claims 1-3, 5-7, and 10-13 are rejected under 35 U.S.C. 103 as being unpatentable over Asanuma et al. (US 20160053102).
Asanuma discloses a polyvinyl acetal composition. Concerning claims 1, 2, and 5-6, Asanuma discloses the polyvinyl acetal composition is formed into a sheet having a thickness from 0.01 to 5 mm has a peak temperature of tan δ of 23°C to 46°C (para. 0075-0076 and Table 2). Given that the composition is the same as that claimed and when compared to the instant application, the films would be considered to be pressure sensitive adhesives and have the claimed properties as claimed in claims 1 and 3. Examiner notes that the test methods are not given patentable weight since the claims are directed to article.
With respect to claim 7, the viscosity average polymerization of the polyvinyl alcohol forming the polyvinyl acetal is from 150 to 3000. While it is noted that the degree of polymerization is the result of the molecular weight of the polymer divided by the molecular weight of the repeat unit and Asanuma discloses a viscosity average degree of polymerization, a viscosity average molecular weight is found to be between the number average molecular weight and weight average molecular weight. Given that the composition is used to form a film that can be an adhesive, the resulting resin composition would overlap and include the claimed range with respect to the weight average molecular weight.
Regarding claim 10, the degree of butyralization (or acetalization) of the polyvinyl acetals is from 61.7 to 75.8 mol% (Table 1). Concerning claims 11-13, the interlayer material is used to form a laminate of outer sheets of inorganic layers, organic layers, and combinations thereof (para. 0077-0080).
Claims 14 and 15 are rejected under 35 U.S.C. 103 as being unpatentable over Asanuma et al. (US 20160053102) as applied to claim 13 above, and further in view of Fukatani et al. (US 20180079936).
Asanuma discloses the above but is silent for use as an adhesive in a display device.
Fukatani discloses a laminate for a display device containing an interlayer of a polyvinyl acetal, wherein the allows for excellent adhesion between components without sacrificing optical properties (para. 0038-0046). As such, it would have been obvious to one of ordinary skill in the art to apply the laminate into a display device for the above reasons.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PRASHANT J KHATRI whose telephone number is (571)270-3470. The examiner can normally be reached M-F 10AM-6:30PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Veronica Ewald can be reached at (571) 272-8519. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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PRASHANT J. KHATRI
Primary Examiner
Art Unit 1783
/PRASHANT J KHATRI/Primary Examiner, Art Unit 1783