DETAILED ACTION
Examiner’s Note
The Examiner acknowledges the addition of new claims 10-11 in the amendments filed 6/17/2026.
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 .
Response to Amendment
Applicant’s arguments, see the claim amendments and the remarks filed 6/17/2026, with respect to the rejection of claims 3 and 5 under 35 U.S.C. 112(b) as set forth in paragraph 5 of the action mailed 3/20/2026, have been fully considered and are persuasive. The rejection of claims 3 and 5 has been withdrawn.
Rejections
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim Rejections - 35 USC § 112
Claim 4 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 4, it is unclear from the claim limitations whether the recited adhesive layer (b2) is further limiting the previously recited adhesive layer (B), as in adhesive layer (B) comprises said adhesive layer (b2), or if the recited adhesive layer (b2) is in addition to the previously recited adhesive layer (B).
Claim Rejections - 35 USC § 102
Claim(s) 1-4, 8 and 10-11 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Yamanaka et al. (US 2013/0081764 A1).
Regarding claim 1, Yamanaka teaches PSA tape comprising (11) a PSA layer (D), (12) peelable or peel-assisting film (C), (13) blowing agent-containing PSA layer (A), (14) microparticle-containing viscoelastic substrate (B) and separators (15a) and (15b) (para 0161-0163; Figs. 1-2);
which said blowing agent-containing PSA layer (A) comprises a blowing agent (para 0027) such as, inter alia, microencapsulated foaming agents (i.e., foam layer) gasified via heat (para 0040);
which said (14) microparticle-containing viscoelastic substrate (B) comprises microparticles such as, inter alia, aluminum hydroxide (para 0079), which are identical to the presently claimed heat-absorbing agents;
which said peelable or peel-assisting film (C) (easily dismantlable layer (A)) comprises a resin such as, inter alia, polyethylene terephthalate (PET), which is a thermoplastic resin (para 0109-0111);
and which said PSA layer (D) teaches an adhesive layer (B).
The Examiner notes that the laminate of PSA layer (A)/viscoelastic substrate (B) teaches foam layer (C), with PSA layer (A) providing the foam properties and viscoelastic substrate (B) providing the heat-absorbing agent(s).
Regarding claim 2, as noted above, Yamanaka teaches that the PSA layer (A)/viscoelastic substrate (B) (i.e., foam layer (C)) comprises heat-absorbing agents.
Regarding claim 3, Yamanaka teaches that the PSA tape comprises PSA layers on both sides towards bonding articles (para 0026), and as noted above, Yamanaka teaches that the PSA tape has the layered structure given by:
(11) PSA layer (D) (i.e., adhesive layer (B); adhesive layer (b2));
(12) peelable or peel-assisting film (C);
(13) blowing agent-containing PSA layer (A); and,
(14) microparticle-containing viscoelastic substrate (B); and,
(11) PSA layer (D) (i.e., adhesive layer (B); adhesive layer (b1)).
The Examiner notes that the laminate of PSA layer (A)/viscoelastic substrate (B) (i.e., foam layer (C)) and one (11) PSA layer (D) (i.e., adhesive layer (b1)) are directly on one side of the (12) peelable or peel-assisting film (C) (i.e., the easily dismantlable layer (A)), wherein the other (11) PSA layer (D) (i.e., adhesive layer (b2)) is directly on the other side of the (12) peelable or peel-assisting film (C) (i.e., the easily dismantlable layer (A)).
Regarding claim 4, as noted above, Yamanaka teaches PSA tape having the layered structure given by:
(11) PSA layer (D) (i.e., adhesive layer (B); adhesive layer (b2));
(12) peelable or peel-assisting film (C);
(13) blowing agent-containing PSA layer (A); and,
(14) microparticle-containing viscoelastic substrate (B).
In addition, Yamanaka instructs that the (12) peelable or peel-assisting film (C) (i.e., the easily dismantlable layer (A)) has a multilayer structure (e.g., two (12) peelable or peel-assisting film (C) layers) (para 0117). Thus, Yamanaka teaches one of the two (12) peelable or peel-assisting film (C) layers layered between the other of the (12) peelable or peel-assisting film (C) layer (at least with a base film (D) interposed) and the (11) PSA layer (D).
Regarding claim 8, Yamanaka teaches that the PSA tape comprises PSA layers on both sides towards bonding articles (two adherends) to each other (article) (para 0026).
Regarding claims 10-11, as noted above, Yamanaka teaches that said (14) microparticle-containing viscoelastic substrate (B) comprises microparticles such as, inter alia, aluminum hydroxide, which are identical to the presently claimed heat-absorbing agents (i.e., an endothermic peak at 80 ℃ ℃ or higher; endothermic start temperature of 60 to 500).
Claim Rejections - 35 USC § 103
Claim(s) 6-7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Yamanaka et al. (US 2013/0081764 A1).
Regarding claims 6-7, Yamanaka teaches that (13) blowing agent-containing PSA layer (A) has a thickness of 1 to 300 mm (para 0018), and that the thickness of the (14) microparticle-containing viscoelastic substrate (B) is 200 to 1300 mm towards viscoelasticity (para 0108), which provides the laminate of PSA layer (A)/viscoelastic substrate (B) with a combined thickness that overlaps that presently claimed (i.e., 1500 mm or less). In addition, Yamanaka teaches that the PSA tape has a thickness of 200 mm to 3 mm (200 to 3000 mm) (para 0176), which overlaps that presently claimed (100 to 500 mm).
As set forth in MPEP 2144.05, in the case where the claimed range “overlap or lie inside ranges disclosed by the prior art”, a prima facie case of obviousness exists, In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990).
Indeed, it would have been obvious to one of ordinary skill in the art before the effective filing date of the present invention to select the presently claimed thicknesses for the laminate of PSA layer (A)/viscoelastic substrate (B) and the resultant PSA tape of the prior art based on the viscoelasticity and the overall thickness required/desired for the intended application as in the present invention.
Claim(s) 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Yamanaka et al. (US 2013/0081764 A1) in view of Husemann et al. (US 2009/0274859 A1).
Regarding claim 5, as noted above, Yamanaka teaches that the PSA tape comprises PSA layers on both sides towards bonding articles, and that the PSA tape has the layered structure given by:
(11) PSA layer (D) (i.e., adhesive layer (B); adhesive layer (b2));
(12) peelable or peel-assisting film (C);
(13) blowing agent-containing PSA layer (A); and,
(14) microparticle-containing viscoelastic substrate (B); and,
(11) PSA layer (D) (i.e., adhesive layer (B); adhesive layer (b1)).
The Examiner notes that the laminate of PSA layer (A)/viscoelastic substrate (B) (i.e., foam layer (C)) is laminated directly on one side of the (12) peelable or peel-assisting film (C) (i.e., the easily dismantlable layer (A)). The Examiner also notes that one PSA layer (D) (i.e. adhesive layer (b2)) is laminated on the other side of the (12) peelable or peel-assisting film (C) (i.e., the easily dismantlable layer (A)).
The Examiner further notes that the other PSA layer (D) (i.e. adhesive layer (b1)) is laminated on the surface of the PSA layer (A)/viscoelastic substrate (B) laminate (i.e., foam layer (C)). Yamanaka continues to teach that the viscoelastic substrate (B) has a multilayer structure (e.g., two layers); and thus the viscoelastic substrate (B) layer NOT directly attached to the PSA layer (A) teaches a base film layer (D) interim (interposed) to the PSA layer (A)/viscoelastic substrate (B) laminate (i.e., foam layer (C)) and the other PSA layer (D) (i.e. adhesive layer (b1)).
While Yamanaka does not specify that the one PSA layer (D) (i.e. adhesive layer (b2)) is laminated on the other side of the (12) peelable or peel-assisting film (C) (i.e., easily dismantlable layer (A)) via at least one layer of a base film layer (D) or a bonding agent layer (E), Yamanaka does teach that the PSA tape comprises other layers such as exothermic, intermediate and under coat layers (para 0147-0160).
In addition, Husemann teaches double-sided PSA tapes (title) comprising a laminate comprising carrier film (e) with anchoring or primer layers (d) on opposing sides of carrier film (e), and PSA layers (c) and (c’) on the other sides of each of primer layers (d) (para 0016, 0117; Fig. 1) towards strengthening adhesion between adhesive and carrier layers (para 0095).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the present invention to provide a primer or under coat layer interim to the one PSA layer (D) and the (12) peelable or peel-assisting film (C) (i.e., easily dismantlable layer (A)) towards strengthening the bond between the one PSA layer (D) and the (12) peelable or peel-assisting film (C) (i.e., a bonding agent layer (E)) as in the present invention.
Response to Arguments
Applicant’s arguments, see the claim amendments and the remarks filed 6/17/2026, with respect to the rejection of claim 4 under 35 U.S.C. 112(b) as set forth in paragraph 5 of the action mailed 3/20/2026, have been fully considered but they are not persuasive.
The claim has not been amended to overcome the rejection (see, for example, the amendments to claims 3 and 5), nor has the Applicant argued the merits of the rejection. Thus, the rejection is maintained and repeated above.
Applicant’s arguments, see the claim amendments and the remarks filed 6/17/2026, with respect to the rejections of claims 1-4, 6 and 8 over Yamanaka et al. under 35 U.S.C. 102(a)(1); claim 7 over Yamanaka et al. under 35 U.S.C. 103; and claim 5 over Yamanaka et al. in view of Husemann et al. under 35 U.S.C. 103 as set forth in paragraphs 7 and 10-11 of the action mailed 3/20/2026, have been fully considered but they are not persuasive.
In response to the amendments to claim 1 requiring the presently claimed heat-absorbing agents, the Applicant’s attention is respectfully directed to the updated prior art rejections set forth above, wherein it is noted that the Yamanaka does teach that at least one of the layers of the disclosed invention comprise heat-absorbing agents such as aluminum hydroxide, which is identical to that presently claimed, and thus further teach the limitations of new claims 10-11. Thus, the rejection of at least current claim 1 under 35 U.S.C. 102(a)(1) is maintained and repeated 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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to FRANK D DUCHENEAUX whose telephone number is (571)270-7053. The examiner can normally be reached 8:30 PM - 5:00 PM.
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/FRANK D DUCHENEAUX/Primary Examiner, Art Unit 1788 7/29/2026
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