DETAILED ACTION
Examiner’s Note
The Examiner acknowledges the addition of new claims 11-12 in the amendments filed 4/16/2026.
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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 4/16/2026 has been entered.
Response to Amendment
Applicant’s arguments, see the claim amendments and the remarks filed 4/16/2026, with respect to the rejection of claims 1-4 under 35 U.S.C. 112(b) as set forth in paragraph 4 of the action mailed 2/4/2026, have been fully considered and are persuasive. The rejection of claims 1-4 has been withdrawn.
Applicant’s arguments, see the claim amendments and the remarks filed 4/16/2026, with respect to the rejection of claims 1-2 and 5-10 over Kusumoto et al. in view of Yoshino et al. under 35 U.S.C. 103 as set forth in paragraph 5 of the action mailed 2/4/2026, have been fully considered and are persuasive. The rejection of claims 1-2 and 5-10 has been withdrawn.
Rejections
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim Rejections - 35 USC § 112
Claims 1-2 and 5-12 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 1, it is unclear from the claim limitations, and in light of the specification as originally filed, what is being claimed as it is unclear if the aqueous dispersion comprises:
two separate composite particles comprising composite particles of polymer (B) comprising (b1) and/or (B1) and (B2), and composite particles of (A) and (B),
i.e., composite particle (b1)-(B2) and/or composite particle (B1)-(B2) and/or composite particle (b1)-(B1)-(B2), and composite particle (A)-(b1)-(B2) and/or composite particle (A)-(B1)-(B2) and/or composite particle (A)-(b1)-(B1)-(B2); or,
one composite particle comprising polymer (B) comprising (b1) and/or (B1) and (B2) and (A),
i.e., composite particle (b1)-(B2)-(A) and/or composite particle (B1)-(B2)-(A) and/or composite particle (b1)-(B1)-(B2)-(A); or,
some other interpretation(s) and/or permutation(s) of (b1), (B1), (B2) and (A).
See paragraphs 0107-0108 and the inventive examples (see, for example, Example 1 at paragraph 0141) as cited by the Applicant in the remarks.
Allowable Subject Matter
Claims 1-2 and 5-12 are allowed.
Claims 1-2 and 5-12 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action.
The following is a statement of reasons for the indication of allowable subject matter:
The closest prior art reference is:
US 2018/0282596 A1 to Kusumoto et al. in view of Yoshino et al. teaches an aqueous dispersion comprising water and a resin component of composite particles (C) including an ethylene-unsaturated carboxylic acid copolymer (A) (unsaturated carboxylic acid polymer (B)) and an acrylic polymer (B), which said ethylene-unsaturated carboxylic acid copolymer (A) (copolymer (b1)) has an ethylene content of 75 mass% or more and which said acrylic polymer (B) comprises a (meth)acrylate content of 50 mass% or more (para 0006-0011).
Kusumoto also teaches that the acrylic polymer (B) comprises (meth)acrylate monomers ((meth)acrylic acid ester polymer (B2)) (para 0050-0054). Kusumoto further teaches that the aqueous dispersion comprises an adhesive layer (heat sealing layer) of a laminate comprising a substrate and the adhesive layer, which said substrate is, inter alia, aluminum foil ( (para 0137-0140).
Kusumoto continues to teach that the aqueous dispersion also comprises resin particles (E) composed of an olefinic polymer (D) (para 0012) comprising homopolymers of ethylene, copolymers of ethylene and the ethylene-unsaturated carboxylic acid copolymer (A) (polyolefin (A)) (para 0119-0122).
Kusumoto is silent to the aqueous dispersion further comprises an amide-based wax (C).
Furthermore, while Kusumoto does teach that the olefinic polymer (D) can be formed from homopolymers of ethylene, copolymers of ethylene and the ethylene-unsaturated carboxylic acid copolymer (A) as cited above, the latter of which teaches the unsaturated carboxylic acid polymer (B) forming the composite particles comprising the polyolefin (A) presently claimed. However, Kusumoto does not teach that said composite particles comprise all of the ethylene-unsaturated carboxylic acid copolymer (A), homopolymer of ethylene (i) and ethylene-a-olefin copolymer (ii) as required by at least current claim 1 if that was what was intended (see the rejection of the claimed invention under 35 U.S.C. 112(b) set forth above.
Kusumoto also discloses that the resin particles (E) do not form a composite particles with the acrylic polymer (B) and are independent particles from composite particles (C) (para 0124), which said acrylic polymer (B) would be required to comprises the resin particles (E) to teach the composite particles comprising polyolefin (A) and the unsaturated carboxylic acid polymer (B) and the (meth)acrylic acid ester polymer (B2) is required to comprises the unsaturated carboxylic acid polymer (B) if that was what was intended (see the rejection of the claimed invention under 35 U.S.C. 112(b) set forth above.
Conclusion
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/FRANK D DUCHENEAUX/Primary Examiner, Art Unit 1788 4/18/2026
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