, 9DETAILED 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 .
Election/Restrictions
Applicant's election with traverse of claims 1-23 in the reply filed on 06/24/2026 is acknowledged. The traversal is on the ground(s) that Group I and II are not linked by a general inventive concept. This is not found persuasive because Group I discloses process and Group II discloses product. Group II discloses the top and bottom surfaces to be inclined or curved which is the unique special technical feature of the Group II and not required in Group I.
The requirement is still deemed proper and is therefore made FINAL.
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.
Claim 2,3,6-8, 16-21 is 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.
Regarding Claim 2 in line 4 “for example by 3D printing, CNC milling or casting” is indefinite. It’s not clear that thus required of the claimed invention necessarily required.
Regarding Claim 3 it’s unclear if the wherein the negative form (NF) has a thickness in the range from 0.05 mm to 10 mm, preferably in the range from 0.1 mm to 0.3 mm and thus required of the claimed invention or if the noted limitation is only “preferable”, and thus not necessarily required.
Regarding Claim 6 it’s unclear if the wherein the release film (TF) has a thickness in the range from 0.01 mm to 1.0 mm, preferably in the range from 0.015 mm to 0.040 mm and thus required of the claimed invention or if the noted limitation is only “preferable”, and thus not necessarily required.
Regarding Claim 7 in line 2 “ such as perforated plate, during the thermoforming process step”. is indefinite. It’s not clear that thus required of the claimed invention necessarily required.
Regarding Clam 8 it’s unclear that if the “ in particular” in the claim limitation wherein during the thermoforming process step, in particular during deep-drawing…., in particular by means of a vacuum pump, so that the sheet or the plate and the release film (TF)…, in particular by means of a vacuum pump, the air in the space between the sheet or the plate…. is indefinite and distinctly define the boundaries of the invention.
Regarding Claim 16 in line 2 “ such as steel”. is indefinite. It’s not clear that thus required of the claimed invention necessarily required.
Regarding Claim 17 in line 6 “ such as pigments, polymers, or inorganic fillers… ”. is indefinite. It’s not clear that thus required of the claimed invention necessarily required.
Regarding Clam 17 it’s unclear that if the “ in particular” in the claim limitation in particular with a UV-reactive composition (SRP) which is an acrylate prepolymer mixture is indefinite and distinctly define the boundaries of the invention.
Regarding Claim 17 it’s unclear if the “preferably thickened either by partial polymerization or by the addition of other chemicals” and thus required of the claimed invention or if the noted limitation is only “preferable”, and thus not necessarily required.
Regarding Claim 18 it’s unclear if the wherein the radiation- induced reactive prepolymer composition (SRP) contains - 89.0 % to 99.9 % by mass, preferably 98.0 % to 99.9 % by mass, and thus required of the claimed invention or if the noted limitation is only “preferable”, and thus not necessarily required.
Regarding Claim 18 it’s unclear if the preferably 0 % to 1.9 % by mass, of acrylic acid and/or methacrylic acid and - 0.1 % to 1.0 % by mass of one or more photo-initiators which absorb UV light in the range from 200 nm to 400 nm, preferably in the range from 315 nm to 380 nm and thus required of the claimed invention or if the noted limitation is only “preferable”, and thus not necessarily required.
A broad range or limitation together with a narrow range or limitation that falls within the broad range or limitation (in the same claim) may be considered indefinite if the resulting claim does not clearly set forth the metes and bounds of the patent protection desired. See MPEP § 2173.05(c). In the present instance, claim 18 recites the broad recitation 89.0 % to 99.9 % by mass, and the claim also recites preferably 98.0 % to 99.9 % by mass which is the narrower statement of the range/limitation; and 0 % to 10.0 % by mass, preferably 0 % to 1.9 % by mass, which is the narrower statement of the range/limitation; 200 nm to 400 nm, preferably in the range from 315 nm to 380 nm which is the narrower statement of the range/limitation. The claim(s) are considered indefinite because there is a question or doubt as to whether the feature introduced by such narrower language is (a) merely exemplary of the remainder of the claim, and therefore not required, or (b) a required feature of the claims.
Regarding Claim 19 in line 3 “ such as nitrogen , argon or carbon dioxide … ”. is indefinite. It’s not clear that thus required of the claimed invention necessarily required.
Regarding Claim 20 it’s unclear if the wherein the cooling (K) during the radiation-induced chemical conversion of the prepolymer mass (SRP) is carried out by a/the cooled inert gas(es) and/or preferably in a water bath into which the negative mold (NF) is placed and thus required of the claimed invention or if the noted limitation is only “preferable”, and thus not necessarily required.
Regarding Claim 21 it’s unclear if the wherein during cooling (K) in a/the water bath, the negative mold (NF) floats in the water bath and is transported floating in the water bath if necessary and thus required of the claimed invention or noted limitation “ if necessary” and thus not necessarily required.
Allowable Subject Matter
The following is a statement of reasons for the indication of allowable subject matter:
Regarding Claim 1, Torres (US 6527897) discloses process for the production of a three-dimensional pressure-sensitive adhesive product from radiation-induced reactive prepolymer composition (Figure 1, Col 4 line 1-10), comprising the process steps: a. Provide a negative mold/template for the pressure-sensitive adhesive product (Figure 1, template-10), b. Filling the negative mold /template provided with the radiation-induced reactive prepolymer mass (Figure 1, Col 4 line 1-10) c. Radiation-induced chemical conversion of the prepolymer mass to the pressure-sensitive adhesive product (Figure 1, Col 4 line 1-10), and DE 3834604 discloses thermoformable plastic sheets with a negative pressure to the negative deep drawing process ([0010], [0011], [0040]), but did not disclose that the negative mold of the pressure-sensitive adhesive product is produced by a thermoforming process step using a positive mold , in that a casting process for the radiation-induced reactive prepolymer mass is used to fill the negative mold provided is deemed novel and unobvious.
Claims 4, 5, 9-15, 22-23 are allowable by virtue of dependency.
Conclusion
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/DEBJANI ROY/Examiner, Art Unit 1741
/NAHIDA SULTANA/Primary Examiner, Art Unit 1743
Prosecution Insights