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 .
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 1-4 are rejected under 35 U.S.C. 103 as being unpatentable over CN 111772280 A with a machine translation (concurrently submitted) (hereinafter “Lu”) being used as the English language equivalent translation, in view of CN 106181054 A with a machine translation (concurrently submitted) (hereinafter “Xing”) being used as the English language equivalent translation, in view of CN 110993310 A with a machine translation (concurrently submitted) (hereinafter “Zhu”) being used as the English language equivalent translation, in view of United States Patent Application Publication No. US 2021/0280344 (hereinafter “Chen”), and further in view of an article titled “The Effect of Powder Particle Size on the Structural and Magnetic Properties of Bonded NdFeB Magnet” by Didik Aryanto, et al. (hereinafter “Aryanto”).Regarding claims 1 and 3 Lu teaches a method for preparing an ultra-thin strong magnetic flexible NdFeB magnetic sheet as a carrier (flexible magnetic strip carrier) (abstract, claim 1, and paragraph [0009]) comprising providing an ultra-thin strong magnetic flexible NdFeB magnetic sheet (flexible magnetic sheet) (paragraphs [0004] – [0005]). Lu teaches the magnetic sheet may be cut into independent small magnetic sheets (paragraphs [0009] and [0062]), which corresponds to cutting the flexible magnetic sheet to obtain a cut flexible magnetic sheet, wherein the cut flexible magnetic sheet comprises a plurality of small magnetic sheets. Lu teaches the cut independent small magnetic sheets have a length of 8.5-15 mm, which encompasses the claimed length, a width of 0.8-2.0mm, which encompasses the claimed width, and a thickness of 0.1-0.2 mm, which encompasses the claimed thickness (paragraphs [0005], [0009], [0048], [0061] and [0062]). Lu does not explicitly teach: (i) providing a carrier sheet comprising a base layer and an adhesive layer which are stacked and the flexible magnetic sheet is bonded to the adhesive layer; (ii) the cut (small) magnetic sheets are all bonded to the adhesive layer; (iii) the cut (small) magnetic sheets are arranged in parallel along a width direction of the flexible magnetic sheet; and (iv) a) if a cutter cuts from a side of the flexible magnetic sheet away from the carrier sheet, penetrates the flexible magnetic sheet, and does not exceed a surface of the adhesive layer away from the flexible magnetic sheet in the process of cutting, the small magnetic sheet is separated from the adhesive layer of the carrier sheet when a single small magnetic sheet is separated from the cut flexible magnetic sheet; or b) if the cutter cuts from the side of the flexible magnetic sheet away from the carrier sheet, penetrates the flexible magnetic sheet, passes through the adhesive layer, and does not exceed a side of the base layer away from the adhesive layer, the adhesive layer on the carrier sheet that is bonded to the small magnetic sheet is separated from the base layer when a single small magnetic sheet is separated from the cut flexible magnetic piece. Xing teaches a laser forming method for a smooth-surface ferrite product (abstract). Xing teaches the ferrite product, which is a magnetic material, includes a PET protective film 5, PET film 4, ferrite layer (magnetic sheet) 3, adhesive layer (adhesive layer) 2, and a single-sided adhesive protective film (base layer) 1, stacked from top to bottom (Figures 1-2, and paragraphs [0003] and [0023]), which corresponds to providing a carrier sheet 1, 2 and a magnetic sheet 3, wherein the carrier sheet comprises a base layer 1 and an adhesive layer 2 which are stacked and the magnetic sheet 3 is bonded to the adhesive layer 2. Xing teaches the ferrite layer is laser cut into desired shapes depending on the requirements of the ferrite product to be installed (paragraph [0004]). Xing teaches the use of a blue PET protective film on the surface of the ferrite material before laser cutting prevents the formation of dirt, scratches, iron leakage, particles, focal edges and the like from forming thereon, where the resulting surface of the ferrite product has a smooth surface and a high yield rate (paragraphs [0016] – [0018]). Xing teaches in the laser cutting, the single sided protective film 1 can be cut through or selected without cutting, and if it is not cut through, the plurality of ferrite products are bonded to the single sided adhesive protective film which can be peeled off of the single sided protective film 1 during use (paragraph [0019]), which corresponds to: (I) a plurality of small flexible magnetic sheets are all bonded to the adhesive layer; and (II) a) if a cutter cuts from a side of the flexible magnetic sheet away from the carrier sheet, penetrates the flexible magnetic sheet, and does not exceed a surface of the adhesive layer away from the flexible magnetic sheet in the process of cutting, the small magnetic sheet is separated from the adhesive layer of the carrier sheet when a single small magnetic sheet is separated from the cut flexible magnetic sheet; or b) if the cutter cuts from the side of the flexible magnetic sheet away from the carrier sheet, penetrates the flexible magnetic sheet, passes through the adhesive layer, and does not exceed a side of the base layer away from the adhesive layer, the adhesive layer on the carrier sheet that is bonded to the small magnetic sheet is separated from the base layer when a single small magnetic sheet is separated from the cut flexible magnetic piece. Xing does not explicitly teach the cut (small) magnetic sheets are arranged in parallel along a width direction of the flexible magnetic sheet. It would have been an obvious matter of design choice to determine a cutting pattern (analogous to an arrangement of the resultant cut (small) magnetic sheets) to yield the dimensions of the cut independent small magnetic sheets desired by Lu relying on nothing more than routine experimentation, since applicant has not disclosed that the small magnetic sheets being arranged in parallel along a width direction of the flexible magnetic sheet solves any stated problem or is for any particular purpose and it appears that the invention would perform equally well with different arrangements. See MPEP § 2144.04(VI)(C). It would have been obvious to a person having ordinary skill in the art at the time of the invention to modify the cutting method of Lu with the laser cutting method, including the incorporation of: the PET protective film 5 and PET film 4 on a first side of the NdFeB ferrite magnetic sheet (flexible magnetic sheet); and the adhesive layer (adhesive layer) 2 and single-sided adhesive protective film (base layer) 1 on a second side of the NdFeB ferrite magnetic sheet (flexible magnetic sheet) of Xing to yield a NdFeB magnetic sheet (flexible magnetic sheet) having a smooth surface, preventing the formation of dirt, scratches, iron leakage, particles, focal edges and the like from forming thereon, and/or produced at a high yield rate. Lu does not explicitly teach the NdFeB magnetic sheet (flexible magnetic sheet) is formed by unrolling a coil. Zhu teaches a production method of cutting a flexible magnetic body 10 into a plurality of unit cells, where the process includes unrolling the flexible magnetic body (sheet) 10 from a first material shaft (coil) 11 in a reversable conveying mechanism (paragraphs [0001], [0009], [0031] and [0059]; and Figure 2). It would have been obvious to a person having ordinary skill in the art at the time of the invention to modify the method of making the ultra-thin strong magnetic flexible NdFeB magnetic sheet of Lu with the first material shaft (coil) 11 of Zhu to provide the starting material of the flexible NdFeB magnetic sheet in a conventional manner for a cutting process. Lu teaches the ultra-thin strong magnetic flexible NdFeB magnetic sheet is prepared by mixing a neodymium iron boron powder (NdFeB powder), a composite bonding powder (bonding powder) comprising a silicone rubber, and an auxiliary agent (additive) comprising a titanate coupling agent in proportion at a high temperature (heating), and then performing (using) a calendaring process (claim 6 and paragraph [0009]). Lu does not explicitly teach the neodymium iron boron powder (NdFeB powder) is a flaky NdFeB powder. Chen teaches a method for preparing a NdFeB magnet powder includes the use of flaky NdFeB powder (abstract and paragraphs [0008] – [0017]). Chen teaches after performing a hydrogen treatment on the alloy flakes, magnetic powders with narrower particle size distribution can be obtained, where grinding efficiency and magnetic powder yield are improved (paragraph [0015]). Chen teaches the narrower the particle size distribution, the more uniform the particle size (paragraph [0038]) It would have been obvious to a person having ordinary skill in the art at the time of the invention to modify the process of making the neodymium iron boron powder (NdFeB powder) of Lu with the method of preparing an NdFeB powder using a flaky NdFeB powder of Chen to: obtain a magnetic powder with a more uniform particle size; and/or improve grinding efficiency and yield of the magnetic powder. Lu does not explicitly teach the particle size of the NdFeB powder is 200-300 mesh. Aryanto teaches the effect of powder particle size on the structural and magnetic properties of bonded NdFeB magnets (title and abstract). Aryanto teaches Sample B includes a 200 mesh particle size NdFeB powder, where the formed bonded magnet has a higher intrinsic coercivity (Hcj) when compared to the intrinsic coercivity (Hcj) of Samples A, C and D (samples of different particle sizes- 325, 100, and 50 Mesh, respectfully) (pages 89-91, under the “Results and Discussion” heading, including Figures 1-3 and Tables 1-2). It would have been obvious to a person having ordinary skill in the art at the time of the invention to modify the particle size of the NdFeB powder of Lu with the 200 mesh particle size of Sample B of Aryanto to yield a formed NdFeB magnet exhibiting desired magnetic properties, including a maximum intrinsic coercivity (Hcj) relative to the intrinsic coercivity (Hcj) of a NdFeB powder having a different particle size. In addition, Lu teaches a step of magnetizing (a side of) the cut independent magnetic sheets to form the finished magnetic sheet (flexible magnetic strip carrier from the combination of Lu, Xing, Chen, and Aryanto) having a strong magnetic side and a weak magnetic side (paragraphs [0009] and [0063]), which corresponds to the small magnetic sheet after magnetization is the flexible magnetic strip carrier. The combination of Lu and Xing does not explicitly teach the magnetizing occurs on a side of the cut flexible magnetic sheet that is away from the single-sided adhesive protective film (base layer) 1 (from the combination of Lu and Xing). It would have been obvious to one skilled in the art, using nothing more than ordinary creativity, to determine an appropriate side of the cut independent magnetic sheets to perform the magnetizing step taught by Lu because such a selection would have required nothing more than choosing from a finite number of identified, predictable solutions (magnetizing on either a first side (side away from the base layer) or a second side (side adjacent to the base layer)), with a reasonable expectation of success in forming the finished magnetic sheet.Regarding claim 2 In addition, Xing teaches a carrier sheet 1, 2 comprises the single-sided adhesive protective film 1 (base layer) and the adhesive layer (adhesive layer) 2 (paragraphs [0003] and [0023]), which corresponds to a self-adhesive sheet.Regarding claim 4 In addition, Lu teaches the ultra-thin strong magnetic flexible NdFeB magnetic sheet forms an eyelash ornament (decoration) (claim 1), which corresponds to an eyelash decoration comprising the flexible magnetic strip carrier according to claim 3. Lu teaches the eyelash ornament includes a decoration body 7, 8 comprising a root portion 7 and a hair portion 8, and the root portion 7 of the decoration body 7, 8 is glued (directly bonded) to a weak magnetic surface of the flexible magnetic strip (paragraphs [0006] and [0046] – [0050]). The limitation requiring “when the flexible magnetic strip is bonded with the adhesive layer of the carrier sheet, the root portion of the decoration body is directly bonded with the adhesive layer” has been considered and is a contingent limitation. According to MPEP §2111.04(II), the broadest reasonable interpretation of a system (or apparatus or product) claim having structure that performs a function, which only needs to occur if a condition precedent is met, requires structure for performing the function should the condition occur. The claim interpretation of a product claim requires the claimed structure must be present in the system regardless of whether the condition is met and the function is actually performed. It is the position of the examiner that the eyelash decoration from the prior art has a structure which meets the limitation requiring the root portion of the decoration body being directly bonded with the adhesive layer of the carrier sheet when the flexible magnetic strip is bonded with the adhesive layer of the carrier sheet.
Conclusion
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/BRIAN HANDVILLE/Primary Examiner, Art Unit 1783
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