Claims 1-20 are rejected.
All of the rejections 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.
Claims 1-4, 12, 13, 15, and 17-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by WO 2019/157262 wherein US 2021/0102095 to Ranade et al. (hereinafter “Ranade”) will be relied upon as a counterpart of WO 2019/157262 for convenience.
As described in Ranade’s paragraphs 176-181,
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The primer reads on the claimed activator.
The curable adhesive free-standing film 340, 345 is adjacent to a curable foam support layer 350 as shown in figure 3. The foam support layer is a syntactic foam (paragraph 45). In chemistry, “curable” means a liquid or soft material can undergo a chemical reaction to become hard and solid. The synfoam® from Synfoam Division of UDC is relied upon as a fact to demonstrate that the syntactic foam is a made of hollow glass microspheres bound together with a thermoset polymer. Since the thermoset polymer undergoes a chemical reaction to become hard and solid, the syntactic foam is a curable foam.
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As to claim 2, Ranade discloses that the foam support layer is a closed cell foam or a syntactic foam (paragraph 45).
As to claim 3, Ranade discloses that the foam support layer comprises polyolefin, polystyrene, polyurethane and each of which is different than the film-forming polymer of the curable adhesive free-standing film (paragraph 45).
As to claim 4, Ranade discloses that the foam support layer comprises poly(meth)acrylate (paragraph 45).
As to claim 12, Ranade discloses that the curable adhesive free-standing film is hot melt processable adhesive (paragraph 275).
As to claim 13, Ranade discloses that the curable adhesive free-standing film is borne on a first major surface of the curable foam support layer (paragraph 161, and figure 3).
As to claim 15, Ranade discloses that the adhesive system further includes a second curable adhesive free-standing film adjacent to a surface of the foam support opposite the first curable adhesive free-standing film (figure 3, and BT5). The second curable adhesive free-standing film comprises (i) a film-forming polymer or oligomer, (ii) a species comprising unsaturated free-radically polymerizable groups, which may be the same or different than (i), and (iii) a transition metal cation (paragraph 4).
As to claim 17, Ranade discloses that the curable adhesive free-standing film is directly bound to a first major surface of the curable foam support layer (figure 3).
As to claim 18, Ranade discloses that a secondary adhesive layer 460 is adjacent to a surface of the foam layer 450 opposite the curable adhesive free-standing film 440 (figure 4; and paragraph 44).
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As to claim 19, Ranade discloses that the primer or the claimed activator comprises a film-forming polymer or oligomer (paragraphs 111-116).
As to claim 20, Ranade discloses that the primer or the claimed activator comprises no tackifier (paragraph 182).
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.
Claims 5-8, 10, 11 and 16 are rejected under 35 U.S.C. 103 as being unpatentable over Ranade as applied to claim 1 above, and further in view of US 2019/0194501 to Eckhardt et al. (hereinafter “Eckhardt”).
As to claims 5, 6, 11 and 16, Ranade discloses the adhesive film comprises a blend of film-forming oligomer, a reactive species comprising unsaturated free-radically polymerizable groups and a reducing agent (paragraph 35). The adhesive film further comprises a crosslinker comprising two or more; or three or more unsaturated free-radically polymerizable groups (paragraph 35). Hence, the adhesive film crosslinker contains diacrylates or triacrylates.
Ranade does not explicitly disclose the foam support layer (i) comprising the crosslinker that is the same or different from that of the curable adhesive free-standing film, or (ii) being hot melt processable.
Eckhardt, however, discloses a multilayer pressure sensitive adhesive (PSA) foam tape comprising a foam layer having a first and a second surface; a first PSA layer on the first surface of the foam layer; and a second PSA layer on the second surface of the foam layer (paragraph 12-15).
As shown in paragraphs 358-367, the foam layer is obtained from a composition comprising:
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Eckhardt discloses the foam layer has the same crosslinking system as the PSA layer such that the crosslinking system comprises 1,6-hexanediol diacrylate (HDDA), poly(ethylene glycol) diacrylate, polybutadiene diacrylate, polyurethane diacylate (paragraphs 186, and 412).
Turning to the Ranade reference, the adhesive film crosslinker comprises two or more, or three or more (meth)acrylate groups, i.e., multifunctional acrylates, diacrylates or triacrylates (paragraph 35).
The Eckhardt foam layer crosslinker comprising diacrylates is different than the Ranade adhesive film crosslinker comprising triacrylates.
Alternatively, Eckhardt’s foam layer and Ranade’s adhesive film contain the same crosslinker comprising diacrylates.
Eckhardt also asserts that the foam layer is prepared using coextrusion (paragraph 446). The foam layer is thus hot melt processable.
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 a crosslinked polyacrylate foam disclosed in Eckhardt for the foam support layer disclosed in Ranade motivated by the desire to provide an adhesive tape having excellent adhesion and outstanding cohesion properties to difficult-to-bond substrates upon exposure to intense weather conditions or under intensive usage.
As to claim 7, Ranade does not explicitly disclose the foam layer crosslinker which is the species comprising unsaturated free-radically polymerizable groups of the curable adhesive free-standing film that migrates into the curable support layer.
Eckhardt, however, discloses a multilayer PSA foam tape comprising a foam layer having a first and a second surface; a first PSA layer on the first surface of the foam layer; and a second PSA layer on the second surface of the foam layer (paragraph 12-15).
The foam layer is obtained from a composition comprising:
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Eckhard discloses the foam layer has the same crosslinking system as the PSA layer such that the crosslinking system comprises 1,6-hexanediol diacrylate (HDDA), poly(ethylene glycol) diacrylate, polybutadiene diacrylate, polyurethane diacylate (paragraph 186).
Turning to the Ranade reference, the adhesive film crosslinker comprises two or more, or three or more (meth)acrylate groups, i.e., multifunctional acrylates, diacrylates or triacrylates (paragraph 35).
As the same crosslinker comprising diacrylates is present in both the foam layer and the adhesive layer, it is not seen that the diacrylates of the adhesive film crosslinker could not migrate to the foam layer.
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 a crosslinked polyacrylate foam disclosed in Eckhardt for the foam support layer disclosed in Ranade motivated by the desire to provide an adhesive tape having excellent adhesion and outstanding cohesion properties to difficult-to-bond substrates upon exposure to intense weather conditions or under intensive usage.
As to claims 8 and 10, Ranade does not explicitly disclose that the foam support layer is comprised of a polymer modulus modifier having a polymer with a Tg of no greater than 100oC wherein the polymer modulus modifier is a high acid polymer.
Eckhardt, however, discloses a multilayer PSA foam tape comprising a foam layer having a first and a second surface; a first PSA layer on the first surface of the foam layer; and a second PSA layer on the second surface of the foam layer (paragraph 12-15). The foam layer is obtained from a composition comprising: (i) a (meth)acrylate copolymer comprising (a) (meth)acrylate monomer units and (b) ethylenically unsaturated monomer units having functionally groups such as acid, hydroxyl, epoxide, amide, amine groups and any combinations thereof (ii) hollow particulate fillers; (iii) a crosslinking system; (iv) a tackier; and (v) at least one pigment (paragraphs 359-367).
In particular, the foam layer comprises 90 wt% of 2-EHA, 10 wt% of acrylic acid, 0.1 wt% hexanedioldiacrylate (HDDA) crosslinker, and 6 wt% glass bubbles (table 4, LPF1). The polyacrylate is a high acid polymer that will inherently have a Tg of no greater than 100oC as like material has like property.
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 a crosslinked polyacrylate foam disclosed in Eckhardt for the foam support layer disclosed in Ranade motivated by the desire to provide an adhesive tape having excellent adhesion and outstanding cohesion properties to difficult-to-bond substrates upon exposure to intense weather conditions or under intensive usage.
Claims 8, 9 and 11 are rejected under 35 U.S.C. 103 as being unpatentable over Ranade as applied to claim 1 above, and further in view of US 2020/0216719 to Takahashi et al. (hereinafter “Takahashi”).
As to claims 8, 9 and 11, Ranade does not explicitly disclose the foam layer comprising a polymer modulus modifier having a Tg of no greater than 100oC wherein the polymer modulus modifier comprises a polyvinyl acetal resin, nor does the foam layer being hot melt processable.
Takahashi, however, discloses an adhesive tape comprising a flexible resin foam having excellent shapeability wherein the resin foam is comprised of a polyvinyl acetal and a plasticizer (abstract). The polyvinyl acetal would inherently have a Tg of no greater than 100oC. The resin foam is obtained from a resin composition which is sufficiently kneaded at 110oC (paragraph 107). The resin foam is thus hot melt processable.
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 a polyvinyl acetal resin foam disclosed in Takahashi for the foam support layer disclosed in Ranade motivated by the desire to provide an adhesive tape having excellent shapeability while maintaining great adhesiveness, flexibility and sound insulation properties.
Claim 14 is rejected under 35 U.S.C. 103 as being unpatentable over Ranade as applied to claim 1 above, and further in view of US 2018/0334592 to Waid et al. (hereinafter “Waid”).
Ranade does not explicitly disclose an adhesive system comprising a barrier film layer adjacent to a surface of the foam support layer opposite the curable adhesive free-standing film.
Waid, however, discloses an adhesive tape comprising a foam backing layer 110 having a first surface and a second surface, an adhesive layer 112 on the first surface of the foam backing layer, a barrier film layer on the second surface of the foam backing layer and a heat bondable layer on the surface of the barrier film layer opposite the foam backing layer (figure 2; and paragraphs 36 and 38). The barrier film layer is an oxygen or plasticizer impermeable layer (paragraph 24).
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Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to add a barrier film layer disclosed in Waid on the surface of the foam support layer opposite the curable adhesive film layer disclosed in Ranade, motivated by the desire to enhance the barrier properties for the adhesive system.
Response to Arguments
The 102 Rejection over Ranade:
Applicant alleges that Ranade fails to disclose a curable foam.
The examiner respectfully disagrees.
As previously discussed, the support layer of Ranade is a syntactic foam (paragraph 45). In chemistry, “curable” means a liquid or soft material can undergo a chemical reaction to become hard and solid. The synfoam® from Synfoam Division of UDC is relied upon as a fact to demonstrate that the syntactic foam is a made of hollow glass microspheres bound together with a thermoset polymer. Since the thermoset polymer undergoes a chemical reaction to become hard and solid, the syntactic foam is a curable foam.
Accordingly, the claims are anticipated by Ranade.
The 103 rejections over Ranades in view of Eckhardt:
Applicant has reiterated positions that Ranade fails to teach the curable foam. Again, the examiner respectfully disagrees for the following reasons. The support layer of Ranade is a syntactic foam (paragraph 45). In chemistry, “curable” means a liquid or soft material can undergo a chemical reaction to become hard and solid. The synfoam® from Synfoam Division of UDC is relied upon as a fact to demonstrate that the syntactic foam is a made of hollow glass microspheres bound together with a thermoset polymer. Since the thermoset polymer undergoes a chemical reaction to become hard and solid, the syntactic foam is a curable foam.
Applicant states that the multilayer adhesive foam tape of Eckhard is obtained using hot melt co-extrusion and wet-in wet coating where the curable precursors of the first PSA layer, second PSA layer and the polymeric foam layer are superimposed and then cured together by thermal curing. Therefore, the foam layer in Eckhard is cured during the manufacture of the multilayer adhesive foam tape. The foam layer would not be curable after it is incorporated into the multilayer adhesive foam.
The Examiner notes that the final product of the adhesive system comprises a cured adhesive film layer being adjacent to the cured foam support. The combined disclosures of Ranade and Eckhardt suggest that. The curing process of the foam layer occurring before or after it is incorporated into the multilayer adhesive foam is completely irrelevant to the product claim unless the structural product limitations resulted from the process are incorporated in the claim and said structural product limitations being considered for patentability.
Applicant’s statement is not commensurate in scope with the claim because the claim recites neither the curing process of the foam after it is placed in the adhesive laminate, nor structural limitations associated with the curing process of the foam layer.
Applicant may be right that ethylenically unsaturated monomer units having functional groups including acid, hydroxyl, epoxide, amide and amine groups are not crosslinkers within the curable foam support layer. However, that does not render the claim unobvious in view of the combined teachings of Ranade and Eckhardt.
Eckhardt discloses that the foam layer crosslinking system comprises 1,6-hexanediol diacrylate (HDDA), poly(ethylene glycol) diacrylate, polybutadiene diacrylate, polyurethane diacylate (paragraphs 186, and 412).
As there is a motivation to combine Ranade and Eckhardt, a prima facie case of obviousness is said to exist.
With respect to claim 16, Applicant contends that the combined teachings of Ranade and Eckhardt fail to disclose the crosslinker that is the same as the species comprising unsaturated free-radically polymerizable groups in the adhesive film.
The examiner respectfully disagrees.
Eckhardt discloses the foam layer crosslinking comprising 1,6-hexanediol diacrylate (HDDA), poly(ethylene glycol) diacrylate, polybutadiene diacrylate, polyurethane diacylate (paragraphs 186, and 412).
Turning to the Ranade reference, the adhesive film crosslinker comprises two or more, or three or more (meth)acrylate groups, i.e., multifunctional acrylates, diacrylates or triacrylates (paragraph 35).
Eckhardt’s foam layer and Ranade’s adhesive film contain the same crosslinker comprising diacrylates. As there is a motivation to combine Ranade and Eckhardt, a prima facie case of obviousness is said to exist.
With respect to claim 7, Applicant asserts that neither Ranade nor Eckhardt teaches crosslinker migration from an adhesive film into a foam support layer.
The examiner respectfully disagrees.
Ranade does not explicitly disclose the foam layer crosslinker which is the species comprising unsaturated free-radically polymerizable groups of the curable adhesive free-standing film that migrates into the curable support layer.
Eckhardt, however, discloses a multilayer PSA foam tape comprising a foam layer having a first and a second surface; a first PSA layer on the first surface of the foam layer; and a second PSA layer on the second surface of the foam layer (paragraph 12-15).
The foam layer is obtained from a composition comprising:
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Eckhard discloses the foam layer crosslinking system comprising 1,6-hexanediol diacrylate (HDDA), poly(ethylene glycol) diacrylate, polybutadiene diacrylate, polyurethane diacylate (paragraph 186).
Turning to the Ranade reference, the adhesive film crosslinker comprises two or more, or three or more (meth)acrylate groups, i.e., multifunctional acrylates, diacrylates or triacrylates (paragraph 35).
As the same crosslinker comprising diacrylates is present in both the foam layer and the adhesive layer, it is not seen that the diacrylates of the adhesive film crosslinker could not migrate to the foam layer. As there is a motivation to combine Ranade and Eckhardt, a prima facie case of obviousness is said to exist.
Applicant has reiterated positions taken with respect to other rejections over Ranade in view of Takahashi; and Ranade in view of Waid, the examiner’s comments set forth above are equally pertinent in support of these rejections as well.
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