DETAILED 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 Group I, claims 1-8, in the reply filed on 2/5/2026 is acknowledged. The traversal is on the ground(s) that Takei does not disclose a heat-absorbing agent. This is not found persuasive because the cited ‘361 reference teaches that the adhesives comprise additives which would provide heat absorbing properties (para 0035, 0059). See also the prior art rejections over Yamanaka set forth below, which also comprises heat-absorbing foaming agents.
The requirement is still deemed proper and is therefore made FINAL.
Claim is 9 is withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected invention(s), there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on 2/5/2026.
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 3-5 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.
Regarding claim 3, it is unclear from the claim limitations whether the recited “a foam layer (C)” is referring back to the foam layer (C) previously recited, or if the recited “a foam layer (C)” is in addition to the foam layer (C) previously recited.
Regarding claims 3-5, it is unclear from the claim limitations whether the recited adhesive layers (b1) and (b2) are further limiting the previously recited adhesive layer (B), as in adhesive layer (B) comprises said adhesive layers (b1) and (b2), or if the recited adhesive layers (b1) and (b2) are in addition to the previously recited adhesive layer (B).
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.
Claim(s) 1-4, 6 and 8 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 (foam layer (C)) gasified via heat (heat-absorbing agents) (para 0040);
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).
Regarding claim 2, as noted above, Yamanaka teaches that the blowing agent-containing PSA layer (A) (i.e., foam layer (C)) comprises heat-absorbing agents.
Regarding claims 3-4, as noted above, Yamanaka teaches PSA layer (D) is outermost layer to the disclosed PSA tape (para 0119; reference number (11) in Figs. 1-2), and that the PSA tape has PSA layers on both sides towards bonding articles to each other (para 0026). Thus, Yamanaka teaches PSA tape (see Fig. 2) having a laminate structure given by:
(11) PSA layer (D) (adhesive layer (b2));
(14) microparticle-containing viscoelastic substrate (B);
(12) peelable or peel-assisting film (C) (i.e., easily dismantlable layer (A));
(13) blowing agent-containing PSA layer (A) (i.e. foam layer (C)); and,
(11) PSA layer (D) (adhesive layer (b1)).
The Examiner notes that (13) blowing agent-containing PSA layer (A) and the second (11) PSA layer (D) (i.e., layer (b1)) are directly on one side of (12) peelable or peel-assisting film (C), and that the first (11) PSA layer (D) (i.e. layer (b2)) is on the other side of (12) peelable or peel-assisting film (C) with (14) microparticle-containing viscoelastic substrate (B) (i.e. another layer, base film layer (D), current claim 4) interposed.
Regarding claim 6, Yamanaka teaches that (13) blowing agent-containing PSA layer (A) (i.e. foam layer (C)) has a thickness of 1 to 300 mm (i.e., 1500 mm or less) (para 0018).
Regarding claim 8, Yamanaka teaches that the PSA tape comprises adhesive has PSA layers on both sides towards bonding articles (two adherends) to each other (article) (para 0026).
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Yamanaka et al. (US 2013/0081764 A1).
Regarding claim 7, Yamanaka teaches that the PSA tape has a thickness of 200 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 thickness for the PSA tape of the prior art based on 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 PSA layer (D) is outermost layer to the disclosed PSA tape (para 0119; reference number (11) in Figs. 1-2), and that the PSA tape has PSA layers on both sides towards bonding articles to each other (para 0026). Thus, Yamanaka teaches PSA tape (see Fig. 1) having a laminate structure given by:
(11) PSA layer (D) (adhesive layer (b2));
(12) peelable or peel-assisting film (C) (i.e., easily dismantlable layer (A));
(13) blowing agent-containing PSA layer (A) (i.e. foam layer (C));
(14) microparticle-containing viscoelastic substrate (B); and,
(11) PSA layer (D) (adhesive layer (b1)).
The Examiner notes that the second PSA layer (D) (i.e. adhesive layer (b1)) is laminated on the surface of (13) blowing agent-containing PSA layer (A) (i.e. foam layer (C)) via (14) microparticle-containing viscoelastic substrate (B) (base film layer (D) or bonding agent layer (E)). Also, (13) blowing agent-containing PSA layer (A) (i.e. foam layer (C)) is laminated directly on one side of (12) peelable or peel-assisting film (C) (i.e., easily dismantlable layer (A)).
While Yamanaka does not specify that the first 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 first PSA layer (D) is laminated on the other side of the (12) peelable or peel-assisting film (C). Yamanaka further teaches that the PSA tape comprises other layers such as exothermic, intermediate and under coat layers (para 0146-0160).
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 first PSA layer (D) and the (12) peelable or peel-assisting film (C) towards strengthening the bond between layer (D) and film (C) (i.e., a bonding agent layer (E)) as in the present invention.
Conclusion
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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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Alicia A 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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/FRANK D DUCHENEAUX/Primary Examiner, Art Unit 1788 3/17/2026