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 without traverse of Group I, claims 1-7 in the reply filed on June 3, 2026 is acknowledged.
Claims 8-11 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on June 3, 2026.
Claim Objections
Claims 2-4 and 6 are objected to because of the following informalities:
Insert “further” before “contains” in claims 2-4 in order to better characterize applicant’s invention.
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 7 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.
As to claim 7, it is unclear what is meant by the recitation “second adhesive layer to be adhered to an adherend of the adhesive film is provided on the adhesive layer.” The recitation “adhered to an adhered of the adhesive film” is ambiguous. For purpose of examination, the second adhesive layer is interpreted to be provided on the adhesive layer.
Claim Rejections - 35 USC § 102/103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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.
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 1, 5, and 7 are rejected under 35 U.S.C. 102(a)(1) as anticipated by or, in the alternative, under 35 U.S.C. 103 as obvious over Takei, Kunihiro et al. (CN 111683812 A; machine translation provided with the Office action).
As to claim 1, Takai teaches a hot melt adhesive resin laminate (adhesive film) including an adhesive layer containing imine-modified polyolefin resin or a modified polyolefin resin having carbodiimide group (0041, 0042, 0043, 0046) provided on one surface of a heat resistant substrate layer (heat-resistant layer) containing one or more resins such as fluorinated resins, polyethylene terephthalate (a thermoplastic resin having an aromatic ring in a monomer unit), polyetherether ketone resin (a thermoplastic resin having an aromatic ring in a monomer unit) etc. (0050).
As to claim 1, Takai is silent as to explicitly teaching property of load deflection temperature (LDT) of the heat-resistant layer of 100°C or higher as claimed. However, where the claimed and prior art products are identical or substantially identical in structure or composition, or are produced by identical or substantially identical processes, a prima facie case of either anticipation or obviousness is established. See MPEP 2112.01 (I). The heat-resistant layer of Takei as set forth previously is identical to the claimed heat-resistant layer. As such, absent any factual evidence on the record, it is reasonable to presume that the heat-resistant layer of Takei inherently has the claimed LDT. Alternatively, the claimed LDT would obviously be present, once the heat-resistant layer of Takai is provided.
As to claim 5, Takai discloses that the polyolefin resin of the modified polyolefin is polyethylene or polypropylene (0065 and 0067).
As to claim 7, the examiner submits that the claim recitation “second adhesive layer…is provided on the adhesive layer” does not exclude any intervening layer(s) between the second adhesive layer and the adhesive layer. Takai discloses a hotmelt adhesive resin laminate 20 with a three-layer structure having a first adhesive layer 21, a substrate layer 22, and a second adhesive layer (Figure 2 and 0110). Takai further discloses a hotmelt adhesive resin laminate with five-layer structure having a first adhesive layer 41, a first substrate layer 42, a second adhesive layer 43, a second substrate layer 44, and a third adhesive layer in sequence (0111 and Figure 3). Further, the claim recitation “second adhesive layer to be adhered to an adhered of the adhesive film” is intended use of the second adhesive layer. In article claims, a claimed intended use must result in structural difference between the claimed invention and the prior art in order to patentably distinguish the claimed invention from the prior art. MPEP 2111.02. Given that the hot melt adhesive resin laminate of Takai is identical to the claimed adhesive film, it meets the intended use of the claimed adhesive film.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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 4 and 6 are rejected under 35 U.S.C. 103 as being unpatentable over Takei, Kunihiro et al. (CN 111683812 A; machine translation provided with the Office action) as applied to claim 1 above.
As to claim 4, Takai discloses that the substrate layer includes one or more resins including e.g. polypropylene and polyethylene (thermoplastic resins other than the thermoplastic resin having the aromatic ring in the monomer unit) (0050). Takai does not explicitly disclose amount of the thermoplastic resin as claimed. However, generally, differences in concentration or temperature will not support the patentability of subject matter encompassed by the prior art unless there is evidence indicating such concentration or temperature is critical. See MPEP 2144.05 (II)(A). Given that Takai desires additional thermoplastic resin other than the thermoplastic resin having the aromatic ring in the monomer unit, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to arrive at a workable range of the thermoplastic resin including the claimed, because Takai desires presence of other thermoplastic resins in the substrate layer.
As to claim 6, Takai discloses that the adhesive contains preferably 5 to 35 parts of olefin elastomer per 100 parts by mass of the adhesive (0108). Given that the claimed range of 1 o 30 parts by weight of thermoplastic elastomer resin overlaps or lies within the range disclosed by Takai, prima facie case of obviousness exists. See MPEP 2144.05 (I). It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to arrive at the amount of elastomer resin claimed, motivated by the desire to form the adhesive of Takai and Takai desires thermoplastic elastomer in the adhesive.
Claims 2 and 3 are rejected under 35 U.S.C. 103 as being unpatentable over Takei, Kunihiro et al. (CN 111683812 A; machine translation provided with the Office action) as applied to claim 1 above, and further in view of Nakamura Kesuke et al. (JP 2009043601 A; machine translation provided with the Office action).
Hot melt adhesive resin laminate of Takai is in the field of automotive to e.g. bond automotive components (0007). Takai is silent as to disclosing claims 2 and 3.
Nakamura discloses insulating film and flat cable equipped therewith that are used in internal wiring for electronic devices such as in-car navigation systems and audio equipment (0001-0002). Further, Nakamura discloses that from viewpoint of improving flame retardancy, heat resistance, and adhesion, various adhesive layers have been proposed as adhesive layer constituting insulating film (0004). The adhesive of Nakamura includes modified polyolefin resin (e.g. polypropylene) modified with unsaturated carboxylic acid such as acrylic acid (0022-0023) and a styrene based thermoplastic elastomer (resin having a styrene structure) or an olefin based thermoplastic elastomer (0022).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to arrive at an adhesive containing a resin having styrene structure and a modified polyolefin resin, motivated by the desire to form adhesive having excellent heat resistance, adhesive strength, water resistance, heat and humidity resistance, and processability (0022 of Nakamura).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Takei et al. (US 20240271010 A1) discloses adhesive film.
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/ANISH P DESAI/Primary Examiner, Art Unit 1788 June 12, 2026
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