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 .
Claim Rejections - 35 USC § 103
Claims 1, 4-7, and 17-19 are rejected under 35 U.S.C. 103 as being unpatentable over Parizat et al. (US 2018/0194913 A1) in view of Matsunaga et al. (US 2007/0104896 A1) and Govek et al. (US 6,589,650 B1)
Regarding Claim 1, Parizat teaches a transparent film comprising a support film/layer and a polymeric coating layer containing a polymer on the support layer. (Abstract). Parizat teaches the support layer can comprise triphenyl phosphate, an ester compound having a pKa of at least one hydrolysate of the ester compound is 2.5 or less. (Paragraph 0050-0051). Parizat teaches the triphenyl phosphate can be added in amounts of 12 or less mass% in the support film/layer. (Paragraph 0190). This overlaps the claimed range. In the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists. (MPEP §2144.05).
Parizat does not specifically teach the surface haze of the cover film is 1.0 to 50%.
Matsunaga teaches optical films for protection (Abstract), where the film comprises a polymer layer and a support layer. (Claim 1 of Matsunaga). Matsunaga teaches the film can have a surface haze of 0 to 12% (Paragraph 0068). This overlaps the claimed range. In the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists. (MPEP §2144.05). Matsunaga teaches this ensures ensure proper contrast and black color when viewing through the protective film (Paragraph 0068). Govek teaches a haze of less than 5% is also suitable for a microscope cover. (Column 6. Lines 1-12) Thus, it would have been obvious to one with ordinary skill in to ensure the surface haze of the cover film of Parizat is within the claimed range to ensure proper color and contrast when viewing through the cover film and is suitable for a microscope cover film.
Regarding Claim 4, Matsunaga teaches the internal haze can be 0 to 35%. (Paragraph 0069). This overlaps the claimed range. In the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists. (MPEP §2144.05). Matsunaga teaches this internal haze range ensures proper viewing angles without ruining contrast. (Paragraph 0069) Therefore, it would have been obvious to one with ordinary skill in to ensure the internal haze of the cover film of Parizat is within the claimed range to ensure proper viewing angles and contrast when viewing through the cover film.
Regarding Claim 5, Parizat teaches the triphenyl phosphate can be added in amounts of 12 or less mass% to the support. (Paragraph 0190). This overlaps the claimed range. In the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists. (MPEP §2144.05).
Regarding Claim 6, Parizat teaches the polymer layer comprises a plasticizer. (Claim 17 of Parizat).
Regarding Claim 7, Parizat teaches the film can be used a slide film for microscopy, (Abstract) which means it can be used to cover a test subject on a substrate (covering a sample on a microscope slide).
Regarding Claims 17-19, Parizat teaches the film can be used a slide film for microscopy, (Abstract) which means it can be used to cover a test subject on a substrate (covering a sample on a microscope slide).
Claims 2, 3, and 8-16 are rejected under 35 U.S.C. 103 as being unpatentable over Parizat, Matsunaga and Govek, in further view of Moriuchi (JP 2011-232683 A).
Regarding Claim 2, 3, and 8, Parizat and Matsunaga do not teach the Rz of a surface of the polymer layer on a side opposite to the support is 0.1 to 30 microns or RSm of a surface of the polymer layer on a side opposite to the support is 5 to 500 microns.
Moiruchi teaches an optical film comprising a polymer layer formed on a support (Fig. 1). Moriuchi teaches having the Rz of a surface of the polymer layer on a side opposite to the support be 0.03 to 0.2 microns (Paragraph 0064) and the RSm of a surface of the polymer layer on a side opposite to the support be 50 to 200 microns. (Paragraph 0065). These overlap the claimed range. In the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists. (MPEP §2144.05). Moriuchi teaches having this roughness improves the visibility through the film by reducing glare. (Paragraph 0064-0065). Thus, it would have been obvious to one with ordinary skill in the art to set the Rz and RSm of Parizat to the claimed range to improve visibility through the film due to antiglare.
Regarding Claim 9, Matsunaga teaches the internal haze can be 0 to 35%. (Paragraph 0069). This overlaps the claimed range. In the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists. (MPEP §2144.05). Matsunaga teaches this internal haze range ensures proper viewing angles without ruining contrast. it would have been obvious to one with ordinary skill in to ensure the internal haze of the cover film of Parizat is within the claimed range to ensure proper viewing angles and contrast when viewing through the cover film.
Regarding Claim 10, Parizat teaches the triphenyl phosphate can be added in amounts of 12 or less mass% to the support. (Paragraph 0190). This overlaps the claimed range. In the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists. (MPEP §2144.05).
Regarding Claim 11, Parizat teaches the polymer layer comprises a plasticizer. (Claim 17 of Parizat).
Regarding Claim 12, Parizat teaches the film can be used a slide film for microscopy, (Abstract) which means it can be used to cover a test subject on a substrate (covering a sample on a microscope slide).
Regarding Claim 13, Matsunaga teaches the internal haze can be 0 to 35%. (Paragraph 0069). This overlaps the claimed range. In the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists. (MPEP §2144.05). Matsunaga teaches this internal haze range ensures proper viewing angles without ruining contrast. it would have been obvious to one with ordinary skill in to ensure the internal haze of the cover film of Parizat is within the claimed range to ensure proper viewing angles and contrast when viewing through the cover film.
Regarding Claim 14, Parizat teaches the triphenyl phosphate can be added in amounts of 12 or less mass% to the support. (Paragraph 0190). This overlaps the claimed range. In the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists. (MPEP §2144.05).
Regarding Claim 15, Parizat teaches the polymer layer comprises a plasticizer. (Claim 17 of Parizat).
Regarding Claim 16, Parizat teaches the film can be used a slide film for microscopy, (Abstract) which means it can be used to cover a test subject on a substrate (covering a sample on a microscope slide).
Response to Arguments
Applicant’s arguments have been fully considered.
Applicant argues that Parizat teaches away from having a haze greater than 1%. This argument is found unpersuasive. Parizat teaches composite films can be kept below 1%, but does not require this limitation. (Paragraph 0172). A “teaching away” requires an explicit showing of discouraging, criticizing or discrediting. (MPEP §2143.01) Thus, Parizat cannot be considered to teach away from having higher haze, as Parizat only states a possible embodiment of lower haze, not a requirement of lower haze.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Correspondence
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/Michael Zhang/Primary Examiner, Art Unit 1781
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