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 .
Withdrawn Rejections
Any rejections and or objections, made in the previous Office Action, and not repeated below, are hereby withdrawn due to Applicant’s amendments and/or arguments in the response dated July 1, 2026. However, new rejections may have been made using the same prior art if still applicable to the newly presented amendments and/or arguments.
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 1 and 3 – 14 are rejected under 35 U.S.C. 103 as being unpatentable over JP 2010-29242 in view of Konkel et al. (GB 2580929).
A machine-generated translation of JP 2010-29242 accompanied the Information Disclosure Statement dated September 26, 2024. In reciting this rejection, the examiner will cite this translation.
JP 2010-29242 disclose an adhesive body (Figures 1 – 3; Page 2, Solution) comprising: a carrier sheet (Figure 2, #12); a release sheet (Figure 2, #13); and an adhesive tape located between the carrier sheet and the release sheet (Figure 2, #11 and 1111), wherein the adhesive tape includes: a substrate that is in contact with the carrier sheet (Paragraph 0021; Figure 2, #11); and an adhesive layer that is in contact with the release sheet (Figure 2, # 1111; Paragraph 0027), the adhesive layer being configured to be adhered to a living body surface after the release sheet is peeled off from the adhesive layer (Paragraph 0003, 0027), the carrier sheet has a larger area than the adhesive tape (Figure 2, #12, 11 and 1111), and the adhesive tape is located within the carrier sheet as seen in a view facing a plane on which the carrier sheet extends (Figure 2), and the carrier sheet includes a slit extending toward the adhesive tape from a portion of an outer edge of the carrier sheet that does not overlap the adhesive tape and having a length that does not reach an outer edge of the adhesive tape as seen in the view facing the plane on which the carrier sheet extends (Figure 3, #1211:Paragraphs 0032 and 0033) as in claims 1 and 9. With respect to claim 4, the substrate includes a polyurethane resin (Paragraph 0021). Regarding claims 7 and 9, the slit is a first slit, the carrier sheet further includes a second slit extending toward the adhesive tape from the portion of the outer edge of the carrier sheet that does not overlap the adhesive tape and having the length that does not reach the outer edge of the adhesive tape as seen in the view facing the plane on which the carrier sheet extends, and the first slit and the second slit face each other with the adhesive tape located in between as seen in the view facing the plane on which the carrier sheet extends (Figure 3, #1211:Paragraphs 0032 and 0033). For claim 8, the slit is a first slit, the carrier sheet further includes a second slit extending from the portion of the outer edge of the carrier sheet that does not overlap the adhesive tape toward the adhesive tape and having the length that does not reach the outer edge of the adhesive tape as seen in the view facing the plane on which the carrier sheet extends, as seen in the view facing the plane on which the carrier sheet extends, the first slit and the second slit are spaced apart from each other in a first direction and each of the slits extends in a second direction that intersects the first direction, and the first slit and the second slit define a grip portion in the carrier sheet, the grip portion being located between the first slit and the second slit and extending in the second direction (Figure 3, #1211:Paragraphs 0032 and 0033). However, JP 2010-29242 fails to disclose the carrier sheet comprises a biaxially oriented polypropylene or polyethylene terephthalate, the carrier sheet comprises a biaxially oriented polypropylene, a substrate that is in contact with the carrier sheet and has a higher tensile elongation at break than the carrier sheet and the release sheet, a trouser tear resistance of the carrier sheet in accordance with JIS K 7128-1:1998 is less than or equal to 10 N/mm, in the carrier sheet, the carrier sheet has a rectangular shape with a width of 15 mm and a length of 150 mm, a circumference of a loop formed by the carrier sheet is 85 mm, and a loop stiffness flexural rigidity when a compression distance is set to 20 mm is less than or equal to 50 mN/15 mm, a tensile strength at break of the substrate in accordance with JIS K 7161-1:2014 is greater than or equal to 10 MPa, a 180° peel strength between the carrier sheet and the substrate in accordance with JIS Z 0237:2009 is less than or equal to 550 mN/25 mm, a peel strength of the adhesive layer in accordance with JIS Z 0237:2009 is greater than or equal to 1 N/25 mm, in a tear test using a right angled tear method in accordance with JIS K 7128 3:1998, a displacement amount (mm) of the adhesive tape at break is 3.0 times or more than a displacement amount (mm) of the carrier sheet at break, and an integral value of a tear load applied to the carrier sheet until break is less than or equal to 40 N·mm, a maximum tear load (N) of the carrier sheet is less than or equal to 20 N, and the displacement amount (mm) of the carrier sheet at break is less than or equal to 12 mm, in the tear test using the right angled tear method, an integral value of a tear resistance (N/mm) of the carrier sheet until break is less than or equal to 1000 N, the tear resistance (N/mm) of the carrier sheet is less than or equal to 376 N/mm, and the displacement amount (mm) of the carrier sheet at break is less than or equal to 12 mm, in the tear test using the right angled tear method, the displacement amount (mm) of the carrier sheet when the tear load applied to the carrier sheet is 5 N is greater than or equal to 1.5 mm, in the tear test using the right angled tear method, and the tear load applied to the carrier sheet when the displacement amount of the carrier sheet is 1 mm is less than or equal to 3.5 N.
Konkel et al. teach a the carrier sheet comprises a biaxially oriented polypropylene or polyethylene terephthalate (Page 10, lines 17 and 18), the carrier sheet comprises a biaxially oriented polypropylene (Page 10, lines 17 and 18), wherein the film has a trouser tear resistance (Table 5) for the purpose of enhancing tensile strength, stiffness and clarity (Page 1, lines 15 and 16).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have the carrier sheet comprises a biaxially oriented polypropylene in JP 2010-29242 in order to enhance tensile strength, stiffness and clarity as taught by Konkel et al.
With regard to the limitations of “a substrate that is in contact with the carrier sheet and has a higher tensile elongation at break than the carrier sheet and the release sheet, a trouser tear resistance of the carrier sheet in accordance with JIS K 7128-1:1998 is less than or equal to 10 N/mm, in the carrier sheet, the carrier sheet has a rectangular shape with a width of 15 mm and a length of 150 mm, a circumference of a loop formed by the carrier sheet is 85 mm, and a loop stiffness flexural rigidity when a compression distance is set to 20 mm is less than or equal to 50 mN/15 mm, a tensile strength at break of the substrate in accordance with JIS K 7161-1:2014 is greater than or equal to 10 MPa, a 180° peel strength between the carrier sheet and the substrate in accordance with JIS Z 0237:2009 is less than or equal to 550 mN/25 mm, a peel strength of the adhesive layer in accordance with JIS Z 0237:2009 is greater than or equal to 1 N/25 mm, in a tear test using a right angled tear method in accordance with JIS K 7128 3:1998, a displacement amount (mm) of the adhesive tape at break is 3.0 times or more than a displacement amount (mm) of the carrier sheet at break, and an integral value of a tear load applied to the carrier sheet until break is less than or equal to 40 N·mm, a maximum tear load (N) of the carrier sheet is less than or equal to 20 N, and the displacement amount (mm) of the carrier sheet at break is less than or equal to 12 mm, in the tear test using the right angled tear method, an integral value of a tear resistance (N/mm) of the carrier sheet until break is less than or equal to 1000 N, the tear resistance (N/mm) of the carrier sheet is less than or equal to 376 N/mm, and the displacement amount (mm) of the carrier sheet at break is less than or equal to 12 mm, in the tear test using the right angled tear method, the displacement amount (mm) of the carrier sheet when the tear load applied to the carrier sheet is 5 N is greater than or equal to 1.5 mm, in the tear test using the right angled tear method, the tear load applied to the carrier sheet when the displacement amount of the carrier sheet is 1 mm is less than or equal to 3.5 N”, although JP 2010-29242 and Konkel et al. do not explicitly teach the limitations, it is reasonable to presume that said limitations are inherent to the invention. Support for said presumption is found in the use of similar materials and similar use of the article. Both the claimed invention and the prior art are directed towards articles configured to be adhered to a living body (Claimed Invention (CI), Paragraph 0003; Prior Art (PA), Paragraph 0003, 0027) having a carrier sheet made with polyurethane (CI, Paragraph 0021; PA, Paragraph 0021) having a thickness between 1 and 150µm (CI, Paragraph 0023; PA, Paragraph 0023) and a width greater than the adhesive tape (CI, Figures; PA, Figures); a release sheet with silicone (CI, Paragraph 0023; PA, Paragraphs 0052 and 0053) an adhesive made with polyurethane (CI, Paragraph 0031; PA, Paragraph 0027) having a thickness between 5 and 25 µm (CI, Paragraph 0031; PA, Paragraph 0028). Konkel et al. teach a the carrier sheet comprises a biaxially oriented polypropylene or polyethylene terephthalate (Page 10, lines 17 and 18), the carrier sheet comprises a biaxially oriented polypropylene (Page 10, lines 17 and 18), wherein the film has a trouser tear resistance (Table 5) The burden is upon the Applicant to prove otherwise. MPEP 2112.
Claims 1 – 14 are rejected under 35 U.S.C. 103 as being unpatentable over JP 2010-29242 in view of Maloney (USPGPub 2002/0142156 A1).
JP 2010-29242 also disclose an adhesive body (Figures 1 – 3; Page 2, Solution) comprising: a carrier sheet (Figure 2, #12); a release sheet (Figure 2, #13); and an adhesive tape located between the carrier sheet and the release sheet (Figure 2, #11 and 1111), wherein the adhesive tape includes: a substrate that is in contact with the carrier sheet (Paragraph 0021; Figure 2, #11); and an adhesive layer that is in contact with the release sheet (Figure 2, # 1111; Paragraph 0027), the adhesive layer being configured to be adhered to a living body surface after the release sheet is peeled off from the adhesive layer (Paragraph 0003, 0027), the carrier sheet has a larger area than the adhesive tape (Figure 2, #12, 11 and 1111), and the adhesive tape is located within the carrier sheet as seen in a view facing a plane on which the carrier sheet extends (Figure 2) as in claim 15. However, JP 2010-29242 fails to disclose the adhesive body further comprises a gap in which the substrate layer is separated from the carrier layer, the gap being a closed space and located in at least part of an outer shape of a laminate that includes the adhesive layer and the substrate layer, an adhesion strength between the substrate layer and the carrier layer is less than or equal to 2 N/25 mm, the outer shape of the laminate includes a portion that matches an outer shape of the carrier layer, and the gap is included in at least part of the matching portion, the outer shape of the laminate includes sides, one of the sides is included in the matching portion, and the gap has a length extending over the entirety of the one side, the outer shape of the laminate includes a portion located within the carrier layer as seen in the view facing the plane on which the carrier layer extends, the portion located within the carrier layer has a wavy shape, and at least part of the portion located within the carrier layer includes the gap.
Maloney teaches an adhesive body (Figures; Abstract) having a gap in which the substrate layer is separated from the carrier layer, the gap being a closed space and located in at least part of an outer shape of a laminate that includes the adhesive layer and the substrate layer (Abstract), the outer shape of the laminate includes a portion that matches an outer shape of the carrier layer (Abstract), and the gap is included in at least part of the matching portion (Abstract), the outer shape of the laminate includes sides, one of the sides is included in the matching portion, and the gap has a length extending over the entirety of the one side (Abstract), the outer shape of the laminate includes a portion located within the carrier layer as seen in the view facing the plane on which the carrier layer extends (Abstract), and at least part of the portion located within the carrier layer includes the gap (Abstract) for the purpose of having a film that may be used in the medical field (Paragraph 0016).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have an enclosed gap in JP 2010-29242 in order to having a laminate that may be used in the medical field as taught by Maloney.
With regard to the limitation of “an adhesion strength between the substrate layer and the carrier layer is less than or equal to 2 N/25 mm”, Maloney clearly states that the adhesive may be chosen depending on the applications of the substrate (Paragraph 0054). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have an adhesion strength between the substrate layer and the carrier layer is less than or equal to 2 N/25 mm, since it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. MPEP 2144.07.
With regard to the limitation “the portion located within the carrier layer has a wavy shape”, It is well settled that a particular shape of a prior invention carries no patentable weight unless the applicant can demonstrate that the new shape provides significant unforeseen improvements to the invention. In the instant case, the application does not indicate any new, significant attributes of the invention due to its shape which would have been unforeseen to one of ordinary skill in the art. A change in size or shape is generally recognized as being within the level of ordinary skill in the art, absent unexpected results. MPEP 2144.04 (I) and (IV).
Response to Arguments
Applicant’s arguments with respect to the rejection(s) of claims 1, 3 – 17, 18 and 19 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Konkel et al. and Maloney.
Conclusion
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/Patricia L. Nordmeyer/
Primary Examiner
Art Unit 1788
/pln/Primary Examiner, Art Unit 1788 July 14, 2026
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