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 .
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 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.
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.
Claims 1-4 are rejected under 35 U.S.C. 103 as being unpatentable over Yonezaki et al. (WO2019/159381) in view of Niwa et al. (US Patent Application No. 2017/0218232).
Regarding claim 1, Yonezaki et al. teach a pressure sensitive adhesive sheet (paragraph [0005]) that comprises a pressure sensitive adhesive layer (paragraph [0005]) formed from a water dispersed pressure adhesive composition (paragraph [0069]) comprising an acrylic polymer as a base polymer (paragraph [0050]), and a support substrate sheet having first and second faces, supporting the pressure sensitive adhesive layer at least on the first face (paragraphs [0005], [0016]), wherein the substrate comprises a layer forming the first face (paragraphs [0016], [0078]) and the layer comprises an ether based polyurethane (paragraphs [0078], [0080]).
Yonezaki et al. fail to teach wherein the substrate comprises a colored layer. However, Niwa et al. teach a pressure sensitive adhesive sheet (page 1, paragraphs [0003], [0008]) that comprises a pressure sensitive adhesive layer (page 1, paragraph [0008]) formed from a water dispersed pressure sensitive adhesive composition comprising an acrylic polymer as a base polymer (page 1, paragraph [0010], page 11, paragraph [0130]) and a support substrate sheet having first and second faces, supporting the pressure sensitive adhesive layer at least on the first face (page 1, paragraph [0015]), wherein the substrate comprises a colored layer forming the first face (page 1, paragraph [0015], page 14, paragraph [0157]), and the colored layer comprises a polyurethane (page 13, paragraphs [0141], [0143]).
It would have been obvious to a person of the ordinary skill in the art before the effective filing date of the claimed invention to use the colored layer of Niwa et al. on the substrate of Yonezaki et al. in order to bring about desirable design or optical properties in the PSA sheet (page 14, paragraph [0157]).
Regarding claim 2, Yonezaki et al. teach wherein the acrylic polymer is crosslinked with one species or a combination of two or more species of crosslinking agents selected among oxazoline-based crosslinking agent, carbodiimide-based crosslinking agents, epoxy-based crosslinking agents and isocyanate-based crosslinking agents (paragraphs [0050], [0070]).
Regarding claim 3, Yonezaki et al. teach wherein the pressure sensitive adhesive layer has a thickness of 1 µm to 20 µm which reads on Applicant’s claimed range of 10 µm or greater and 50 µm or less (paragraph [0011]).
Regarding 4, Yonezaki et al. fail to teach wherein the substrate comprises a first colored layer forming the first face and a second colored layer forming the second face, and a first pressure sensitive adhesive layer is placed on the first face of the substrate and a second pressure sensitive adhesive layer is placed on the second face of the substrate. However, Niwa et al. teach a pressure sensitive adhesive sheet (page 1, paragraphs [0003], [0008]) that comprises a pressure sensitive adhesive layer (page 1, paragraph [0008]) formed from a water dispersed pressure sensitive adhesive composition comprising an acrylic polymer as a base polymer (page 1, paragraph [0010], page 11, paragraph [0130]) and a support substrate sheet having first and second faces, supporting the pressure sensitive adhesive layer at least on the first face (page 1, paragraph [0015]), wherein the substrate comprises a colored layer forming the first face (page 1, paragraph [0015], page 14, paragraph [0157]), and the colored layer comprises a polyurethane (page 13, paragraphs [0141], [0143]), wherein the substrate comprises a first colored layer forming the first face and a second colored layer forming the second face, and a first pressure sensitive adhesive layer is placed on the first face of the substrate and a second pressure sensitive adhesive layer is placed on the second face of the substrate (page 1, paragraph [0015], page 14, paragraph [0157]).
It would have been obvious to a person of the ordinary skill in the art before the effective filing date of the claimed invention to use the colored layers of Niwa et al. on the substrate of Yonezaki et al. in order to bring about desirable design or optical properties in the PSA sheet (page 14, paragraph [0157]).
Claims 1-4 are rejected under 35 U.S.C. 103 as being unpatentable over Niwa et al. (US Patent Application No. 2017/0218232) in view of Yonezaki et al. (WO2019/159381).
Regarding claim 1, Niwa et al. teach a pressure sensitive adhesive sheet (page 1, paragraphs [0003], [0008]) that comprises a pressure sensitive adhesive layer (page 1, paragraph [0008]) formed from a water dispersed pressure sensitive adhesive composition comprising an acrylic polymer as a base polymer (page 1, paragraph [0010], page 11, paragraph [0130]) and a support substrate sheet having first and second faces, supporting the pressure sensitive adhesive layer at least on the first face (page 1, paragraph [0015]), wherein the substrate comprises a colored layer forming the first face (page 1, paragraph [0015], page 14, paragraph [0157]), and the colored layer comprises a polyurethane (page 13, paragraphs [0141], [0143]).
Niwa et al. fail to teach wherein the polyurethane is an ether-based polyurethane. However, Yonezaki et al. teach a pressure sensitive adhesive sheet (paragraph [0005]) that comprises a pressure sensitive adhesive layer (paragraph [0005]) formed from a water dispersed pressure adhesive composition (paragraph [0069]) comprising an acrylic polymer as a base polymer (paragraph [0050]), and a support substrate sheet having first and second faces, supporting the pressure sensitive adhesive layer at least on the first face (paragraphs [0005], [0016]), wherein the substrate comprises a layer forming the first face (paragraphs [0016], [0078]) and the layer comprises an ether based polyurethane (paragraphs [0078], [0080]).
It would have been obvious to a person of the ordinary skill in the art before the effective filing date of the claimed invention to use the ether-based polyurethane of Yonezaki et al. as the substrate of Niwa et al. in order to provide heat stability and lightness of weight (Yonezaki et al., paragraph [0081]).
Regarding claim 2, Niwa et al. teach wherein the acrylic polymer (page 1, paragraph [0010], page 11, paragraph [0130]) is crosslinked with one species or two or more species of crosslinking agents selected among oxazoline-based crosslinking agents, carbodiimide-based crosslinking agents, epoxy-based crosslinking agents and isocyanate-based crosslinking agents (page 10, paragraph [0116]).
Regarding claim 3, Niwa et al. teach wherein the pressure sensitive adhesive layer has a thickness of 150 µm or less and 5 µm or greater which reads on Applicant’s claimed range of 10 µm or greater and 50 µm or less (page 12, paragraph [0136]).
Regarding claim 4, Niwa et al. teach wherein the substrate comprises a first colored layer forming the first face and a second colored layer forming the second face, and a first pressure sensitive adhesive layer is placed on the first face of the substrate and a second pressure sensitive adhesive layer is placed on the second face of the substrate (page 1, paragraph [0015], page 14, paragraph [0157]).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHINESSA GOLDEN whose telephone number is (571)270-5543. The examiner can normally be reached on Monday - Friday; 8:00 - 4:00 EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Alicia Chevalier can be reached on 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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/Chinessa T. Golden/Primary Examiner, Art Unit 1788 8/3/2026
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