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 § 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.
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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 does not explicitly disclose the foam support layer (i) comprising a crosslinker incorporated therein wherein the crosslinker is the same or different from the species comprising unsaturated free-radically polymerizable groups 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).
Eckhardt further teaches that 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 356-367). The ethylenically unsaturated monomer units having functionally groups of combination of the epoxide, the amide and the amine read on the claimed crosslinker within the foam layer. Said foam layer’s crosslinker disclosed in Eckhardt is different from the curable adhesive film’s crosslinker of Ranade. Alternatively, the foam layer’s crosslinker disclosed in Eckhardt and the curable adhesive film’s crosslinker disclosed in Ranade comprise the same the ethylenically unsaturated monomer units having functionally groups of acid.
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 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: (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). The combined disclosures of Ranade and Eckhardt result in a foam tape wherein the foam layer and the adhesive film layer comprise the ethylenically unsaturated monomer units having functionally groups as crosslinkers regardless of the potential migration of the crosslinker from the adhesive film layer 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.
Conclusion
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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/Hai Vo/
Primary Examiner
Art Unit 1788