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 .
Election/Restrictions
Applicant's election with traverse of Group I in the reply filed on 06/03/2026 is acknowledged. The traversal is on the ground(s) that the finding of lack of unity if premature based on the lack of a full search of the invention. This is not found persuasive as evidenced by the search report issued by the Chinese Patent Office dated 3/10/2026.
The requirement is still deemed proper and is therefore made FINAL.
Claim Interpretation
The limitation “wherein the photocurable material of a difference between a refractive index of a photocured product of the (meth)acrylic acid ester component as the component (a) and a refractive index of the plasticizer component as the component (b) is 0.02 or less” in claim 1, lines 8-10 is being interpreted as “wherein the photocurable material has a difference between the refractive index of a photocured product of the (meth)acrylic acid ester component (a) and the refractive index of the plasticizer component (b) is 0.02 or less.”
The limitation “for forming a transparent resin layer of an image display device, in which an image display panel and a front panel are laminated via the transparent resin layer” is considered an intended use. A recitation of the intended use of the claimed invention must result in a structural difference between the claimed invention and the prior art in order to patentably distinguish the claimed invention from the prior art. If the prior art structure is capable of performing the intended use, then it meets the claim. The photocurable material does not depended upon being a transparent resin layer or an image display device. The photocurable material alone is fully capable of being an adhesive for laminating non-transparent substrates, such as wood or metal.
The limitation “when the photocurable material is used for forming a dam portion in a case where the transparent resin layer is composed of a fill portion present at a position corresponding to a display portion of the image display panel and the dam portion surrounding an outer periphery of the fill portion” is a future intended limitation. Additionally, it appears, as written, the limitation is optional, i.e., “in the case….”.
Claim Rejections - 35 USC § 102
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.
Claim(s) 1-4 and 9 is/are rejected under 35 U.S.C. 102(a1) as being anticipated by Hara et al (JP2018-140601).
Hara sets forth manufacturing of laminates and photocurable composition for use in such methods. Said photocurable compositions comprise (A) a (meth) acrylate resin, (B) a photopolymerization initiator, and (C) a plasticizer—see [0008]. Hara sets forth the (meth) acrylate resin comprises from 5-60 % by mass of a monofunctional monomer and 10 to 70 % by mass of a photocurable (meth) acrylate resin, polymer, or oligomer—see [0036] and [0041]- [0046].
Regarding claims 1-4: Hara sets forth in example 6 a photocurable composition comprising 50 parts by weight of a polyurethane (meth) acrylate oligomer (UV3700, RI:1.4611); 10 parts by weight of M-101A (monofunctional acrylate monomer); 40 parts of a plasticizer (P-3000, RI: 1.4494); and 1 part by weight of a photoinitiator, wherein the cured product has a refractive index of 1.4614. Said the cured photocurable resin material has a difference between the cured product (1.4614) and the refractive index of the plasticizer (P-3000, RI:1.4494) is 0.0117—see example 6, Table 1. Therefore, claim 1 is anticipated. The resin composition is exposed to radiation to cure the (meth) acrylate portion of the resin composition in the presence of a photoinitiator in an amount of 1 wt. % per (meth) acrylate reactive components (claim 2). The combination of UV3700 (difunctional acrylate oligomer) and M-101A (mono-functional acrylate monomer)—claims 3-4.
Regarding claim 9: Hara sets forth the resin composition may further include a filler material, such as inorganic fine particles to help adjust the refractive index of the resin composition—see [0052]. Thus, claim 9 is sufficiently set forth.
Allowable Subject Matter
Claims 5-8 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: Hara does not expressly teach and/or render obvious the refractive index difference between the oligomer and monomers in component (a) is 0.02 or less. Regarding claims 6-8: while Hara sets forth said plasticizers can be used in combinations; Hara fails expressly teach and/or render the proviso as set forth in claims 6-8.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SANZA L MCCLENDON whose telephone number is (571)272-1074. The examiner can normally be reached 8-5.
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/SANZA L. McCLENDON/Primary Examiner, Art Unit 1765
SMc
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