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
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claims 1-8 and 14-21 are rejected under 35 U.S.C. 103 as being unpatentable over Kaneuchi (JP 2014-205247) in view of Shaw (US 5,811,183) and Larouche (US 2022/0411914).
Kaneuchi teaches a transfer member (1) comprising a base member (2), a metal release layer (3) having a thickness of 10nm to 1000nm overlaying the base member, an acrylate resin layer (41) overlaying the release layer, and a functional layer (42) overlaying the resin layer (See Figures; [0014]-[0037]). The transfer member (1), base member (2), release layer (3), resin layer (41), and functional layer (42) read on the instantly claimed transfer article, substrate, release layer, second acrylate layer, and functional layer, respectively.
Regarding the thickness of the release layer, the instantly claimed range of up to 50 nm overlaps the range of Kaneuchi. In the case where the claimed range overlaps or lies inside a range disclosed by the prior art, a prima facie case of obviousness exists.
Regarding the instantly claimed first acrylate layer overlaying the substrate layer, Kaneuchi teaches that a surface of the base member facing the release layer may include an anchor layer to improve adhesion between the base member and the release layer (See [0031]). The anchor layer of Kaneuchi occupies the same position as the first acrylate layer of the instant claims, however Kaneuchi does not expressly disclose that the anchor layer may be a first acrylate layer having a thickness of at least 200 nm which planarizes the substrate.
Shaw teaches a sheet material comprising a substrate (11), a first layer (15) overlaying the substrate, wherein the first layer is an acrylate layer acts as a smoothing and anchoring layer, and a second layer (16) which is a release layer (See Figures; col. 3, lines 11-19; col. 4, lines 57-63; col. 5, lines 25-67). Table 1 of Shaw teaches a tripropylene glycol diacrylate (TPGDA) first layer with a thickness of 0.5μm (500 nm), which lies in the claimed thickness range. The smoothing of the substrate by the first layer of Shaw reads on the instantly claimed limitation “wherein the substrate is planarized by the first acrylate layer.”
It would have been obvious to one of ordinary skill in the art at the time of filing to use the acrylate smoothing and anchoring layer of Shaw as the anchoring layer of Kaneuchi since Shaw teaches that such layers were recognized in the prior art as being suitable for use as an anchoring layer between a substrate and a release layer, as detailed above. One of ordinary skill in the art would also be motivated to use the anchoring and smoothing layer of Shaw as the anchoring layer of Kaneuchi because Shaw teaches that such a layer would predictably allow for a thinner release layer to be used (See col. 5, lines 54-58).
In the Shaw reference, the second layer is a polymeric layer rather than a metallic layer such as the metal release layer of Kaneuchi. However it is also known in the prior art that acrylate layers can be used to promote adhesion between polymeric substrates and deposited metallic layers.
Larouche teaches a multi-layer material comprising a substrate (20) comprising an organic polymeric material, an acrylate primer layer (30) overlaying the substrate and having a thickness of greater than 1μm (1000nm), and a metallic layer (40) having a thickness greater than about 25nm (See Figures; [0040]-[0047]).
It would have been obvious to one of ordinary skill in the art at the time of filing that the smoothing and anchoring layer of Shaw could be incorporated into the transfer member of Kaneuchi with a reasonable expectation of success because Larouche teaches that acrylate primer layers were recognized in the prior art as being suitable for improving adhesion between polymeric substrates and metal layers, as detailed above.
Regarding claim 2, Kaneuchi states that the base member is not particularly limited and may include a variety of materials for a particular application (See [0025]). The selection of a thickness for a base member is an obvious matter of design choice which can be readily performed by one of ordinary skill in the art depending on the details of a given application. Absent any showing that the claimed substrate thickness provides a new or unexpected result, the routine selection of a material thickness does not patentably distinguish the claimed transfer article from the prior art.
Regarding claims 3 and 4, Kaneuchi discloses a polyethylene terephthalate base member (See [0058]).
Regarding claim 5, the thickness of 0.5μm (500 nm) taught by Shaw satisfies the claimed range.
Regarding claim 6, Kaneuchi teaches a release layer thickness of 10nm to 1000nm (See [0019]). A prima facie case of obviousness exists where the claimed ranges or amounts do not overlap with the prior art but are merely close. In this case, the thickness ranges abut one another, with the instantly claimed range including thicknesses just below 10nm such as 9.999nm, while the lower end of the range of Kaneuchi is 10nm. These values are so close that one of ordinary skill in the art would reasonably expect otherwise identical films having such a minute difference in thickness to behave in a substantially identical manner. Furthermore, Kaneuchi teaches “if the thickness is 10 nm or more, the release layer 3 can be easily formed on the base member 2” (See [0019]). Based on the teaching of Shaw that having a smoothing anchor layer likely allows for thinner release layers to be used (See col. 5, lines 54-58), one of ordinary skill in the art would reasonably predict that release layers less than 10nm could be successfully used in embodiments of Kaneuchi in which an anchor layer is present.
Regarding claims 7-8, Kaneuchi teaches various metals and their alloys for the release layer (See [0028]), which include several of the species recited in claim 8.
Regarding claim 14, Kaneuchi teaches a functional layer comprising an optical adjustment layer (See [0046]).
Regarding claim 15, Kaneuchi teaches a functional layer comprising an electrically conductive layer (See [0045]).
Regarding claim 16, the transfer member taught by the combination of Kaneuchi and Shaw includes an identical arrangement as the claimed transfer article, with the same layers, materials and dimensions as those claimed. Since the structures are substantially identical, it is reasonable to conclude that they would possess the same properties, such as the release value between the release layer and the second acrylate layer.
Regarding claim 17, Kaneuchi teaches that the release layer (3) and base member (2) are removed from the resin layer (41) (See Fig. 3; [0053]). In the embodiment where an anchor layer is present, the anchor layer serves to improve adhesion between the base member and the release layer (See [0031]), and the anchor layer would remain between the release layer and the base layer during removal. In order for the transfer member of Kaneuchi to function in the manner described the force required to separate the release layer and the resin layer must be less than both the force required to separate the release layer from the anchor layer and the force required to separate the anchor layer from the base member, which meets the claim.
Regarding claim 18, Kaneuchi teaches that the resin layer may include a photopolymerization initiator (See [0038]). Since the reference only states that the initiator may be present, it is considered optional such that the teachings of Kaneuchi also include resin layers without the initiator.
Regarding claim 19, Kaneuchi teaches that the resin layer (41) may be cured by ultraviolet light (See [0042]), which has a wavelength of 10nm to 400nm. While Kaneuchi and Shaw do not expressly disclose the light transmittance of the base member, anchor layer, and release layer, it would have been obvious to one of ordinary skill in the art at the time of filing to make such layers substantially transparent to ultraviolet light in order to allow such light to read the resin layer for curing.
Regarding claim 20, Kaneuchi teaches a method of applying the transfer member on an object (5), the method comprising fixing the transfer member to the object such that the functional layer is between the object and the release layer and removing the release layer (3) from the resin layer (41) such that the resin layer (41) and the functional layer (42) remain on the object (See Figures; [0049]-[0054]).
Regarding claim 21, Kaneuchi teaches that that a functional layer may comprise an anti-reflection layer (See [0047]).
Claims 11-12 are rejected under 35 U.S.C. 103 as being unpatentable over Kaneuchi (JP 2014-205247) in view of Shaw (US 5,811,183) and Larouche (US 2022/0411914) as applied to claim 1 above, and further in view of Gotrik (US 2020/0264350).
Kaneuchi, Shaw, and Larouche combine to teach a transfer member, as detailed above. The release layer taught by Kaneuchi is metal. Kaneuchi, Shaw, and Larouche do not expressly disclose a release layer comprising a doped semiconductor layer comprising silicon.
Gotrik teaches a release layer which may include a metal or a doped semiconductor layer comprising silicon (Si), B-doped Si, Al-doped Si, and/or P-doped Si (See [0110]).
It would have been obvious to one of ordinary skill in the art at the time of filing to use the doped semiconductor layer of Gotrik as the release layer in the transfer member taught combination of Kaneuchi, Shaw, and Larouche. Since Gotrik teaches that both metals and doped semiconductors were recognized in the prior art as being suitable for use as release layers, the substitution of one for the other would have been obvious.
Claim 13 is rejected under 35 U.S.C. 103 as being unpatentable over Kaneuchi (JP 2014-205247) in view of Shaw (US 5,811,183) and Larouche (US 2022/0411914) as applied to claim 1 above, and further in view of Suzuki (JP 2004-074768).
Kaneuchi, Shaw, and Larouche combine to teach a transfer member, as detailed above. Kaneuchi teaches that the functional layer may have a variety of functions and provides examples including a decorative layer, a conductive layers, and an antistatic layer (See [0045]-[0046]). Kaneuchi, Shaw, and Larouche do not expressly disclose a functional layer comprising a barrier layer as claimed.
Suzuki teaches a laminate comprising a functional layer (2c) which may include a variety of functions, such as a decorative layer, a conductive layer, an antistatic layer, or a barrier layer (See page 19).
It would have been obvious to one of ordinary skill in the art at the time of filing to provide the functional layer of Kaneuchi as a barrier layer, since Suzuki teaches that barrier layers were recognized in the prior art as being suitable functional layers in addition to the other examples provided by Kaneuchi.
Allowable Subject Matter
Claim 9 is 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. As of the date of this Office action, the Examiner has not located or identified any reference that teaches or fairly suggests the use of a metal release layer including TiO2 layer and an adjacent SiAlOx layer between the metal layer and the first acrylate layer.
Response to Arguments
Applicant’s arguments, filed 01/30/2026, with respect to the objection to claim 1 have been fully considered and are persuasive. The objection has been withdrawn.
Applicant’s arguments with respect to the rejection(s) of claim(s) 1-8 and 14-21 under 35 U.S.C. 103 have been fully considered and are persuasive. Applicant argues that the Shaw reference only utilizes an acrylate layer to bond two resin layers and therefore does not teach or fairly suggest that acrylate layers may also be used to bond resin and metal as required in the Kaneuchi reference. Examiner agrees with Applicant’s interpretation of the references. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Larouche (US 2022/0411914), as detailed above. Larouche teaches that acrylate primer layers were known in the art at the time of filing to improve bonding between organic polymeric substrates and metallic layers. Therefore one of ordinary skill would readily understand that the acrylate layer of Shaw could be used for improving bonding and smoothing the metallic layer of Kaneuchi, as detailed above.
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.
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/CARSON GROSS/Primary Examiner, Art Unit 1746