Claims 1-13, 15 and 16 are rejected. Claim 14 has been cancelled.
The 112 rejection has been withdrawn in view of Applicant’s response filed on 6/12/2026.
The rejection over Yonezaki has been overcome in view of the present amendment and response. Yonezaki discloses a laminate 10 comprising a pressure sensitive adhesive (PSA) layer 2 directly laminated to a support substrate 1 (paragraph 48 and figure 2). The support substrate is a foam sheet made of a polyurethane foam or polychloroprene rubber foam (paragraph 150). Yonezaki fails to disclose the foam sheet having a void fraction of 35 void% or more, and a refractive index of 1.25 or less.
The rejections over Hattori alone, and further in view of Kimura have been maintained.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
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.
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, 3-13, 15, and 16 are rejected under 35 U.S.C. 102(a)(1) as anticipated by or, in the alternative, under 35 U.S.C. 103 as obvious over US 2020/0223175 to Hattori et al. (hereinafter “Hattori”).
Hattori discloses a laminate comprising a void-containing layer; and a PSA layer directly laminated on one surface or both surfaces of the void-containing layer (paragraph 39).
Hattori discloses that the void-containing layer has a void fraction of 59 vol% and a refractive index of 1.18 (table 1). These are within the claimed ranges.
The PSA layer contains an acrylic polymer and a crosslinking agent, and the PSA layer has a gel fraction of 80 to 95% (paragraph 25). In particular, the PSA layer has a gel fraction of 90% (table 1, example 1). The acrylic polymer contains 1 to 30 wt% of a heterocycle-containing acrylic monomer including N-acryloyl morpholine, N-acryloyl piperidine or N-acryloyl pyrrolidine and each of these corresponding to the claimed nitrogen-containing monomer (paragraph 91).
Hattori teaches that the PSA layer contains an acrylic polymer having a weight average molecular weight of 1.5 to 2.8 million (paragraph 104).
Alternatively, the PSA layer contains 0 wt% of an acrylic polymer having a molecular weight of 10,000 or less, corresponding to the claimed range of 100,000 or less (paragraph 28). The PSA layer contains 3-10 wt% of an acrylic polymer having a molecular weight of 10,000 or less (paragraph 28). As shown in table 1, the PSA layer contains 90 wt% of an acrylic polymer having a molecular weight of 280,000, and 10 wt% of an acrylic polymer having a molecular weight of 10,000 or less (example 1). This is a clear indication that the PSA layer is free of an acrylic polymer having a molecular weight of 30 million or more. The zero content of the acrylic polymer having a molecular weight of 30 million or more reads on the claimed range of 10 wt% or less.
Hattori also discloses that an intermediate layer is interposed between the void-containing layer and the PSA layer wherein the intermediate layer is a mixed layer of the void-containing layer and the PSA layer, and bonds the void-containing layer to the PSA layer (paragraph 24). The intermediate layer has a thickness of 50 nm within the claimed range (table 1, example 1). The laminate comprises a void retention rate of the void-containing layer of 51 vol% or greater after a heat durability test of maintaining a temperature of 85oC for 500 hours (table 1). The laminate is used in an optical apparatus (paragraph 52).
Hattori does not explicitly disclose the laminate comprising (i) a surface hardness of 0.1 MPa or more and 1 MPa or less measured by pushing an indenter of a diameter of 20 µm into the PSA layer for 2000nm; and (ii) a void retention rate of the void-containing layer of 50 vol% or greater after a heat durability test of maintaining a temperature at 95oC for 1000 hours.
However, it appears that the laminate of Hattori meets all structural limitations and chemistry required by the claims. The laminate comprises a void-containing layer; and a PSA layer directly laminated on one surface or both surfaces of the void-containing layer (paragraph 39).
The void-containing layer has a void fraction of 59 vol% and a refractive index of 1.18 (table 1). These are within the claimed ranges. The void-containing layer is comprised of gel pulverized products in the form of microporous particles that are chemically bonded to each other (paragraph 61).
The PSA layer contains an acrylic polymer and a crosslinking agent, and the PSA layer has a gel fraction of 80 to 95% (paragraph 25). In particular, the PSA layer has a gel fraction of 90% (table 1, example 1). The acrylic polymer contains 1 to 30 wt% of a heterocycle-containing acrylic monomer including N-acryloyl morpholine, N-acryloyl piperidine or N-acryloyl pyrrolidine and each of these corresponding to the claimed nitrogen-containing monomer (paragraph 91).
Hattori teaches that the PSA layer contains an acrylic polymer having a weight average molecular weight of 1.5 to 2.8 million (paragraph 104).
Alternatively, the PSA layer contains 0 wt% of an acrylic polymer having a molecular weight of 10,000 or less, corresponding to the claimed range of 100,000 or less (paragraph 28). The PSA layer contains 3-10 wt% of an acrylic polymer having a molecular weight of 10,000 or less (paragraph 28). As shown in table 1, the PSA layer contains 90 wt% of an acrylic polymer having a molecular weight of 280,000, and 10 wt% of an acrylic polymer having a molecular weight of 10,000 or less (example 1). This is a clear indication that the PSA layer is free of an acrylic polymer having a molecular weight of 30 million or more. The zero content of the acrylic polymer having a molecular weight of 30 million or more reads on the claimed range of 10 wt% or less.
Hattori also discloses that an intermediate layer is interposed between the void-containing layer and the PSA layer wherein the intermediate layer is a mixed layer of the void-containing layer and the PSA layer, and bonds the void-containing layer to the PSA layer (paragraph 24). The intermediate layer has a thickness of 50 nm within the claimed range (table 1, example 1). The laminate comprises a void retention rate of the void-containing layer of 51 vol% or greater after a heat durability test of maintaining a temperature of 85oC for 500 hours (table 1). The laminate is used in an optical apparatus (paragraph 52).
Therefore, the examiner takes the position that the surface hardness of 0.1 MPa or more and 1 MPa or less measured by pushing an indenter of a diameter of 20 µm into the PSA layer for 2000nm; and the void retention rate of the void-containing layer of 50 vol% or greater after a heat durability test of maintaining a temperature at 95oC for 1000 hours would inherently be present as like material has like property. This is in line with In re Best, 562 F.2d 1252, 1255, 195 USPQ 430, 433 (CCPA 1977) which holds that if the claimed and prior art products are identical or substantially identical in structure or composition, or are produced by identical or substantially identical processes, the claimed properties or functions will be presumed to be inherent. The burden is shifted to the applicant to show unobvious differences between the claimed product and the prior art product.
As to claim 3, Hattori discloses that the PSA layer contains an acrylic polymer and a crosslinking agent, and the PSA has a gel fraction of 80 to 95% (paragraph 25). In particular, the PSA has a gel fraction of 90% (table 1, example 1).
As to claims 4 and 5, Hattori discloses that the PSA layer contains 0 wt% of an acrylic polymer having a molecular weight of 10,000 or less, corresponding to the claimed range of 100,000 or less (paragraph 28). The PSA layer contains 3-10 wt% of an acrylic polymer having a molecular weight of 10,000 or less (paragraph 28).
As to claims 6 and 7, as shown in table 1, the PSA layer contains 90 wt% of an acrylic polymer having a molecular weight of 280,000, and 10 wt% of an acrylic polymer having a molecular weight of 10,000 or less (example 1). This is a clear indication that the PSA layer is free of an acrylic polymer having a molecular weight of 30 million or more. The zero content of the acrylic polymer having a molecular weight of 30 million or more reads on the claimed range of 10 wt% or less.
As to claims 8 and 9, Hattori discloses that the acrylic polymer contains 1 to 30 wt% of a heterocycle-containing acrylic monomer including N-acryloyl morpholine, N-acryloyl piperidine and N-acryloyl pyrrolidine (paragraph 91).
As to claim 10, Hattori discloses that the PSA layer contains an acrylic polymer having a weight average molecular weight of 1.5 to 2.8 million (paragraph 104).
As to claims 11 and 12, Hattori mentions that an intermediate layer is interposed between the void-containing layer and the PSA layer wherein the intermediate layer is a mixed layer of the void-containing layer and the PSA layer, and bonds the void-containing layer to the PSA layer (paragraph 24). The intermediate layer has a thickness of 50 nm within the claimed range (table 1, example 1).
As to claim 13, Hattori does not explicitly disclose the intermediate layer having a storage elastic modulus of 1.0 MPa at 23oC.
However, it appears that the intermediate layers of Hattori and the claimed invention are identical. The intermediate layer is a layer formed by combining a part of the void-containing layer and a part of the PSA layer, and bonds the void-containing layer to the PSA layer (paragraph 24). The intermediate layer has a thickness within the claimed range (table 1). Therefore, the examiner takes the position that the storage elastic modulus of 1.0 MPa at 23oC would inherently be present as like material has like property.
As to claims 15 and 16, Hattori discloses that the laminate is used in an optical apparatus (paragraphs 1 and 52).
Claim 2 is rejected under 35 U.S.C. 103 as being unpatentable over Hattori as applied to claim 1 above, and further in view of US 2020/0032113 to Kimura et al. (hereinafter “Kimura”).
Hattori does not explicitly disclose the PSA comprising an acrylic polymer having a polydispersity, Mw/Mn of 3.0 or less.
Kimura, however, discloses an optical PSA layer which excellent in durability and does not cause light leakage even in a narrow frame panel wherein the optical PSA layer is attached to an optical film (abstract). The optical PSA layer comprises an acrylic polymer having a gel fraction of 90% or more, a weight average molecular weight of 1.5-1.8 million, and a polydispersity of 3.0 or less (abstract, and paragraphs 16 and table 1). The acrylic polymer contains 0.1 to 20 wt% of a heterocycle-containing acrylic monomer including N-acryloyl morpholine, N-acryloyl piperidine and N-acryloyl pyrrolidine (paragraphs 22 and 36).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to use the PSA layer of Hattori having a polydispersity disclosed in Kimura, motivated by the desire to provide a PSA layer high adhesion reliability and durability at high temperature while providing no light leakage even in a narrow flame panel.
Response to Arguments
Applicant alleges that the Office’s inherency position is not supported. Applicant asserts that the claimed nanoindentation hardness is different from the storage elastic modulus of the PSA layer using rheometer. Applicant also states that Hattori’s broad compositional ranges including gel fraction of 70% or more, heterocycle-containing monomer of 3 to 10%, weight average molecular weight of 1.5 to 2.8 million, and void retention rate of the void-containing layer of 50 vol% after exposure to 85oC for 500 hours does not establish that the laminates of Hattori and the claimed invention are structurally and compositionally the same because the nanoindentation hardness depends on multiple factors including specific monomer composition, crosslinking density, gel fraction and molecular weight distribution.
The examiner respectfully disagrees.
Applicant has provided no factual evidence or experimental data to demonstrate that the laminate of Hattori meeting the gel fraction of 70% or more, heterocycle-containing monomer of 3 to 10%, and weight average molecular weight of 1.5 to 2.8 million, and the void retention rate of 50 vol% or more after exposure to 85oC for 500 hours would fail to achieve the claimed nanoindentation hardness and the claimed void retention rate of 50 vol% or more after exposure to 95oC for 1000 hours. In the absence of such evidence, the Applicant’s allegations remain unsubstantiated.
Applicant contends that Hattori fails to disclose the void-containing layer having a void fraction of 35 vol% and a refractive index of 1.25.
The examiner respectfully disagrees.
As shown in table 1, the void-containing layer has a void fraction of 59 vol% and a refractive index of 1.18 (table 1). These are within the claimed ranges.
As previously discussed, it appears that the laminate of Hattori meets all structural limitations and chemistry required by the claims. The laminate comprises a void-containing layer; and a PSA layer directly laminated on one surface or both surfaces of the void-containing layer (paragraph 39).
The void-containing layer has a void fraction of 59 vol% or more and refractive index of 1.18 (table 1). These are within the claimed ranges. The void-containing layer is comprised of gel pulverized products in the form of microporous particles that are chemically bonded to each other (paragraph 61).
The PSA layer contains an acrylic polymer and a crosslinking agent, and the PSA layer has a gel fraction of 80 to 95% (paragraph 25). In particular, the PSA layer has a gel fraction of 90% (table 1, example 1). The acrylic polymer contains 1 to 30 wt% of a heterocycle-containing acrylic monomer including N-acryloyl morpholine, N-acryloyl piperidine or N-acryloyl pyrrolidine and each of these corresponding to the claimed nitrogen-containing monomer (paragraph 91).
Hattori teaches that the PSA layer contains an acrylic polymer having a weight average molecular weight of 1.5 to 2.8 million (paragraph 104).
Alternatively, the PSA layer contains 0 wt% of an acrylic polymer having a molecular weight of 10,000 or less, corresponding to the claimed range of 100,000 or less (paragraph 28). The PSA layer contains 3-10 wt% of an acrylic polymer having a molecular weight of 10,000 or less (paragraph 28). As shown in table 1, the PSA layer contains 90 wt% of an acrylic polymer having a molecular weight of 280,000, and 10 wt% of an acrylic polymer having a molecular weight of 10,000 or less (example 1). This is a clear indication that the PSA layer is free of an acrylic polymer having a molecular weight of 30 million or more. The zero content of the acrylic polymer having a molecular weight of 30 million or more reads on the claimed range of 10 wt% or less.
Hattori also discloses that an intermediate layer is interposed between the void-containing layer and the PSA layer wherein the intermediate layer is a mixed layer of the void-containing layer and the PSA layer, and bonds the void-containing layer to the PSA layer (paragraph 24). The intermediate layer has a thickness of 50 nm within the claimed range (table 1, example 1). The laminate comprises a void retention rate of the void-containing layer of 51 vol% or greater after a heat durability test of maintaining a temperature of 85oC for 500 hours (table 1). The laminate is used in an optical apparatus (paragraph 52).
Therefore, the examiner takes the position that the surface hardness of 0.1 MPa or more and 1 MPa or less measured by pushing an indenter of a diameter of 20 µm into the PSA layer for 2000nm; and the void retention rate of the void-containing layer of 50 vol% or greater after a heat durability test of maintaining a temperature at 95oC for 1000 hours would inherently be present as like material has like property. This is in line with In re Best, 562 F.2d 1252, 1255, 195 USPQ 430, 433 (CCPA 1977) which holds that if the claimed and prior art products are identical or substantially identical in structure or composition, or are produced by identical or substantially identical processes, the claimed properties or functions will be presumed to be inherent. The burden is shifted to the applicant to show unobvious differences between the claimed product and the prior art product.
Accordingly, the rejections over Hattori alone and further in view of Kimura have been maintained for the same reasons set forth above.
Conclusion
THIS ACTION IS MADE FINAL. 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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Hai Vo whose telephone number is (571)272-1485. The examiner can normally be reached M-F: 9:00 am - 6:00 pm with every other Friday off.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Alicia Chevalier can be reached at 571-272-1490. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Hai Vo/
Primary Examiner
Art Unit 1788
Prosecution Insights