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 .
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 18 and 20 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.
As to claim 18, this claim recites “syrup type”. The addition of the word “type” extends the scope of the claims so as to render them indefinite since it is unclear what “type” is intended to convey. The addition of the word “type” to the otherwise definite expression renders the definite expression indefinite by extending its scope. Ex parte Copenhaver, 109 USPQ 118 (Bd. App. 1955).
As to claim 20, this claim recites “a display panel capable of folding or rolling through one or more folding axes or rolling axes”. It is unclear in view of the specification, what is meant by “one or more folding axes or rolling axes”.
The following is a quotation of 35 U.S.C. 112(d):
(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph:
Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
Claims 2 and 5 are rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends.
As to claim 2, this claim recites the storage elastic modulus at -20°C of at least 70,000 Pa, which is an open ended range. This claim depends from claim 1, wherein claim 1 recites the storage elastic modulus of 100,000 Pa or less at -20°C. Therefore, claim 2 fails to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends. Applicant can recite claim 2 as the storage elastic modulus at -20°C is from 70,000 Pa to 100,000 Pa.
As to claim 5, this claim recites the storage elastic modulus at 60°C is at least 10,000 Pa. This claim depends from claim 1, wherein claim 1 recites a storage elastic modulus of 100,000 Pa or less at -20°C. Therefore, claim 5 fails to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends. Applicant can recite claim 5 as “The pressure-sensitive adhesive according to claim 1, wherein a storage elastic modulus at 60°C is at least 10,000 Pa.”
Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements.
Claim Rejections - 35 USC § 102/103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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.
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 1-7 and 9-20 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 Takarada et al. (WO2020158484 A1; US 20210246338 A1 is relied upon as English equivalent document in the Office action).
As to claim 1, Takarada discloses a pressure sensitive adhesive (PSA) sheet for bonding members in a bendable image display device (0001). The PSA sheet of Takarada includes a PSA containing acryl-based polymer having a crosslinked structure (PSA polymer; PSA polymer is an acrylic copolymer) (0008).
Further, as to claim 1, Takarada discloses that the acrylic copolymer exhibits a glass transition temperature (Tg) (0068). Moreover, Takarada discloses that the PSA has storage elastic modulus (SEM) at 25°C (G’25) of 10 kPa or more (0030).
As to claim 1, Takarada does not explicitly disclose properties (a) acrylic copolymer simultaneously exhibiting Tg and melting temperature (Tm) and (b) absolute value of a change rate ΔG1’. However, where the claimed and prior art products are identical or substantially identical in structure or composition, or are produced by identical or substantially identical processes, a prima facie case of either anticipation or obviousness has been established.
The examiner submits that the claimed PSA comprising acrylic copolymer is identical or substantially identical to the PSA disclosed by Takarada. Specifically, the claimed acrylic polymer comprises an alkyl (meth)acrylate unit, a unit of a Formula 1, and a polar functional group containing unit (claim 10). Further, as specific example of the alkyl (meth)acrylate unit, applicant disclose 2-ethylhexyl acrylate monomer, as specific example of the unit of Formula 1, applicant discloses lauryl acrylate, and as specific example of the polar functional group containing unit, applicant discloses a hydroxyl group containing monomer See 0069, 0078 and 0072 of US Patent Application Publication No. 20250026966 A1 of the present application publication (“published application”). The examiner submits that Takarada discloses an acrylic copolymer formed of 2-ethylhexyl acrylate as particularly preferably monomer (0055), lauryl acrylate as particularly preferably monomer (0053), and a hydroxyl group containing monomer such as preferable monomer (0057 and 0058).
Further, the examiner submits that the claimed acrylic copolymer contains alkyl (meth)acrylate unit in an amount of 10-60 wt% (claim 13). Takarada discloses acrylic copolymer containing 35 wt% of 2-ethylhexyl acrylate (alkyl (meth)acrylate) (see Table 1, Example 7), which is within the claimed range of 10-60 wt%.
Further, the examiner submits that the claimed acrylic copolymer contains 80-600 parts by weight of the unit of Formula 1 relative to 100 parts by weight of the alkyl (meth)acrylate unit (claim 14). Takarada discloses 50 parts by weight of lauryl acrylate (LA) per 35 parts by weight of 2-ethylhexyla acrylate (Table 1, Example 7). Thus, Takarada discloses (50/35) * 100 or approx. 143 parts by weight of lauryl acrylate, which is within the claimed range of 80-600 parts by weight.
Further, the examiner submits that the claimed acrylic polymer contains 10-200 parts by weight of the polar functional group containing unit relative to 100 parts by weight of the alkyl (meth)acrylate unit (claim 15). Takarada discloses 7 parts by weight of 4-hydroxybutyl acrylate (4HBA) per 35 parts by weight of 2-ethylhexyl acrylate (Table 1, Example 7). Thus, Takarada discloses (7/35) * 100 or 20 parts by weight of a polar functional group containing unit, which is within the claimed range of 10-200 parts by weight.
Based on the above, given that the claimed and the prior art PSA of Takarada are identical or substantially identical in structure or composition, absent any factual evidence on the record, it is reasonable to presume that the aforementioned properties are inherently present in the PSA of Takarada. Alternatively, the claimed properties would obviously be present once the PSA of Takarada is provided.
As to claim 2, Takarada does not explicitly disclose SEM at -20°C. However, as set forth previously given that the claimed and prior art PSA are identical or substantially identical in structure or composition, absent any factual evidence on the record, it is reasonable to presume that the aforementioned SEM is inherently present in the PSA of Takarada. Alternatively, the claimed SEM would obviously be present once the PSA of Takarada is provided.
As to claim 3, Takarada discloses that the PSA has storage elastic modulus at 25°C (G’25) of 10 kPa or more (0030).
As to claims 4-7, Takarada does not explicitly disclose properties (absolute value of change rage absolute value of a change rate ΔG2’, SEM at 60°C, absolute value of a change rate ΔG3’, and TM of Equation 4 is at least 400 µm*MPa-1. However, as set forth previously given that the claimed and prior art PSA are identical or substantially identical in structure or composition, absent any factual evidence on the record, it is reasonable to presume that the aforementioned properties are inherently present in the PSA of Takarada. Alternatively, the claimed properties would obviously be present once the PSA of Takarada is provided.
As to claim 9, Takarada discloses that the acrylic copolymer has Tg of e.g. -50°C or more (0068), which is within the claimed range of Tg of -30°C or less. Further, as to claims 9 and 10, Takarada does not explicitly disclose properties of the melting temperature and the difference Tm-Tg of the acrylic copolymer. However, as set forth previously, Takarada discloses identical acrylic copolymer as claimed. Accordingly, it is reasonable to presume that the aforementioned properties are inherently present in the acrylic copolymer of Takarada. Alternatively, the claimed properties would obviously be present once the acrylic polymer of Takarada is provided.
As to claims 11 and 12, as set forth previously, Takarada discloses an acrylic copolymer formed of 2-ethylhexyl acrylate (alkyl (meth) acrylate unit having a branched alkyl group having 2 carbon atoms) as particularly preferably monomer (0055), lauryl acrylate as particularly preferably monomer (unit of Formula 1, wherein R1 is hydrogen and R2 is alkyl group of 12 carbons) (0053), and a hydroxyl group containing monomer (polar functional group containing monomer) such as preferable monomer (0057 and 0058).
As to claim 13, as set forth previously, Takarada discloses acrylic copolymer containing 35 wt% of 2-ethylhexyl acrylate (alkyl (meth)acrylate) (see Table 1, Example 7), which is within the claimed range of 10-60 wt%. Additionally, Takarada discloses 15-60 parts by weight of a (meth)acrylic acid C1-C9 chain alkyl ester, 30-70 parts by weight of a (meth)acrylic acid C10-20 chain alkyl ester, and 5-25 parts by weight of one or more polar group containing monomers (0011). The claimed range of 10-60 wt% of alkyl (meth)acrylate overlaps or lies within the range disclosed by Takarada (e.g. 15-60 parts by weight) such that prima facie case of obviousness exists. See MPEP 2144.05 (I).
As to claim 14, Takarada as set forth previously discloses 143 parts by weight of lauryl acrylate, which is within the claimed range of 10-200 parts by weight.
As to claim 15, Takarada as set forth previously discloses 20 parts by weight of a polar functional group containing unit, which is within the claimed range of 10-200 parts by weight.
As to claim 16, Takarada is silent as to e.g. disclosing a monomer of Formula 2 wherein R3 is an aromatic ketone group.
As to claim 17, Takarada discloses polyfunctional (meth)acrylate as crosslinker such as polyethylene glycol di(meth)acrylate (0080-0081), which is a radical crosslinking agent.
As to claim 18, this claim recites that the PSA is a cured product of a solventless or syrup type PSA composition. The examiner submits that the aforementioned recitation is a product by process limitation. Product by process claims are not limited to the manipulations of recited steps, only the structure implied by the steps. Further, if the product in the product-by-process claim is the same as or obvious from a product of the prior art, the claim is unpatentable even though the prior product was made by a different process. See MPEP 2113. The examiner submits that at present, no unobvious difference is seen between the claimed PSA and the PSA of the prior art of Takarada as set forth previously.
As to claim 19, Takarada discloses a PSA sheet with a release film (base film) (0027 and Figure 1).
As to claim 20, Takarada discloses an image display device (flexible device) comprising a bendable display panel (display panel configured to be capable of folding or rolling through one or more folding axes or rolling axes) and a PSA sheet disposed between the image display panel and cover window (claim 18). Further, Takarada discloses a foldable display (0003).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Everaerts et al. (US 5648425) discloses a removable low melt viscosity acrylic PSA comprising a lower alkyl acrylate, a higher alkyl acrylate, and at least one polar monomer and crosslinker (abstract).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANISH P DESAI whose telephone number is (571)272-6467. The examiner can normally be reached Mon-Fri 8:00 am ET to 4:30 PM ET.
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/ANISH P DESAI/Primary Examiner, Art Unit 1788 March 14, 2026