DETAILED ACTION
Response to Amendment
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Any new grounds of rejection set forth below are necessitated by applicant’s amendment filed on 11/28/2025. In particular, claim 1 has been amended to remove “optionally” before component (d) and to add “wherein at least a portion of the silane groups are bonded to at least one polymer P, and wherein the at least one polymer P is a silane-functionalized polymer containing silane groups of formula (I).” Claim 3 is amended to remove “wherein at least a portion of the silane groups of formula (I) are bonded to at least one polymer P.” Claim 5 is cancelled.
It is noted that the newly introduced limitations were not present at the time of the preceding action. For this reason, it is proper to make the present action FINAL.
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 1-4 and 6-10 are rejected under 35 U.S.C. 103 as being unpatentable over Gopalan et al. (US 2018/0160767) and further in view of Wolschleger et al. (2018/0355138).
Gopalan et al. teaches a composition comprising a silane-grafted polyolefin (at least one polymer wherein the composition comprises silane groups), a free radical initiator (¶7 and ¶58), and a chemical blowing agent. The composition is expandable in that it comprises a blowing agent and is foamed (expanded). Gopalan et al. teaches an expandable composition a) at least one polymer P, b) at least one free radical initiator I, and c) at least one chemical blowing agent CBA, wherein the composition comprises silane groups of formula I (¶63-67). Examples of preferable initiator include peroxides. ¶58. Gopalan teaches that the foamed silane crosslinked polyolefin is produce by combining the disclosed components (¶ 85) including the polyolefin, silane crosslinker (such as vinyl trimethoxysilane), and grafting initiator (¶ 98) and other additives (¶ 98) (including chemical blowing agents (¶ 72)) before molding the composition. Examples of the silane crosslinking agent include vinyltrimethoxysilane, vinyltriethoxysilane. This meets instant claims 3-4. The silane crosslinker is present in the silane-grafted copolymer in an amount of from about 0.5 to about 5wt%, preferably (¶69 of Gopalan). This meets instant claim 2. The silane-grafted polyolefin of Gopalan also meets instant claims 1, 3, and 5-6.
Gopalan et al. do not expressly disclose that the composition comprising an epoxy-functional polymer EP in an amount of from 5 to 30wt%; that the composition includes an activator of instant claim 9; or that the composition includes a co-agent of claim 10.
However, Wolschleger et al. teach a thermally expandable composition including at least one polymer P; at least one peroxide; at least one chemical blowing (CBA), and at least one activator, wherein the activator includes at least one compound selected from formula (I),
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Wherein R1 and R4 are hydrogen atoms or monovalent alkyl radicals with 1 to 10 carbon atoms which optionally include oxygen atoms; R2 and R3 represent hydrogen atoms or monovalent alkyl radicals with 1 to 10 carbon atoms which optionally include oxygen atoms, nitrogen atoms, and/or aromatic moieties and R2 and R3 together form a divalent alkyl radical with 1 to 10 carbon atoms which optionally includes oxygen atoms, nitrogen atoms, and/or aromatic moieties. See ¶63-67 of Wolschleger et al. This meets instant claim 9.
The compositions of Wolschleger et al. further comprise polyfunctional acrylates with an acrylate functionality of at least 2 or 3 (¶78). This meets the co-agent of instant claim 10. See ¶78-79 of Wolschleger et al.
The compositions of Wolschleger et al. further comprise from, preferably, 9 to 15wt% of an adhesion promoter (¶77), with an expressly named example being ethylene-glycidyl-methacrylate copolymers. This meets the epoxy-functional polymer of instant claim 8 and the epoxy-functional polymer of instant claim 1.
Both Gopalan and Wolschleger et al. relate to the field of expandable compositions including foams produced from polymeric compositions including a polymer, a peroxide initiator, and a chemical blowing agent. It would have been obvious to one of ordinary skill in the art before the effective filing date of the instant invention to use the 9 to 15wt% of the adhesion promoter (¶77), with an expressly named example being ethylene-glycidyl-methacrylate copolymers, of Wolschleger et al. in the invention of Gopalan in order to improve the adhesion of the expanded compositions of Gopalan. See ¶76.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the instant invention to use the activator disclosed in Wolschleger et al. in the invention of Gopalan in order to enable the controlled decomposition of the chemical blowing agents of Gopalan, especially at lower temperatures, for example below 150ºC (¶62).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the instant invention to use the polyfunctional acrylates with an acrylate functionality of at least 2 or 3 as disclosed in Wolschleger et al. in the invention of Gopalan in order to improve the crosslinking of the polymers of Gopalan which thereby helps ensure formation of a stable foam structure. See ¶78 of Wolschleger et al.
Claims 1-4 and 6-10 are rejected under 35 U.S.C. 103 as being unpatentable over Wolschleger et al. (2018/0355138) and further in view of Gopalan et al. (US 2018/0160767).
Wolschleger et al. teach a thermally expandable composition including at least one polymer P; at least one peroxide (corresponding to the instantly claimed initiator of instant claims 1 and 7); at least one chemical blowing (CBA), and at least one activator, wherein the activator includes at least one compound selected from formula (I),
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Wherein R1 and R4 are hydrogen atoms or monovalent alkyl radicals with 1 to 10 carbon atoms which optionally include oxygen atoms; R2 and R3 represent hydrogen atoms or monovalent alkyl radicals with 1 to 10 carbon atoms which optionally include oxygen atoms, nitrogen atoms, and/or aromatic moieties and R2 and R3 together form a divalent alkyl radical with 1 to 10 carbon atoms which optionally includes oxygen atoms, nitrogen atoms, and/or aromatic moieties. See ¶63-67 of Wolschleger et al. This meets instant claim 9.
The compositions of Wolschleger et al. further comprise polyfunctional acrylates with an acrylate functionality of at least 2 or 3 (¶78). This meets the co-agent of instant claim 10. See ¶78-79 of Wolschleger et al.
The compositions of Wolschleger et al. further comprise from, preferably, 9 to 15wt% of an adhesion promoter (¶77), with an expressly named example being ethylene-glycidyl-methacrylate copolymers. This meets the epoxy-functional polymer of instant claim 8 and the epoxy-functional polymer of instant claim 1.
Wolschleger et al. does not expressly disclose that the polymer P comprises silane groups of formula (I) of instant claim 1, in an amount of from 0.05 to 10wt% base on the expandable composition, wherein the silane groups are bonded to the at least one polymer P and/or the composition further comprises at least one alkoxysilane of formula (II) of instant claim 3, wherein the polymer P is a silane-functionalized polymer containing silane groups of formula (I), wherein the polymer is selected from silane-grafted ethylene-vinyl acetate copolymers, olefin silane copolymers, and olefin alkyl (meth)acrylate silane terpolymers as recited in instant claim 6.
However, Gopalan et al. teaches a composition comprising a silane-grafted polyolefin (at least one polymer wherein the composition comprises silane groups), a free radical initiator (¶7 and ¶58), and a chemical blowing agent. The composition is expandable in that it comprises a blowing agent and is foamed (expanded). Gopalan et al. teaches an expandable composition a) at least one polymer P, b) at least one free radical initiator I, and c) at least one chemical blowing agent CBA, wherein the composition comprises silane groups of formula I (abstract). Examples of preferable initiator include peroxides. ¶58. Gopalan teaches that the foamed silane crosslinked polyolefin is produce by combining the disclosed components (¶ 85) including the polyolefin, silane crosslinker (such as vinyl trimethoxysilane), and grafting initiator (¶ 98) and other additives (¶ 98) (including chemical blowing agents (¶ 72)) before molding the composition. Examples of the silane crosslinking agent include vinyltrimethoxysilane, vinyltriethoxysilane. This meets instant claims 3-4. The silane crosslinker is present in the silane-grafted copolymer in an amount of from about 0.5 to about 5wt%, preferably (¶69 of Gopalan). This meets instant claim 2. The silane-grafted polyolefin of Gopalan also meets instant claims 1, 3, and 5-6.
Both Gopalan and Wolschleger et al. relate to the field of expandable compositions such as foams producing using polyolefin polymers, initiators, and chemical blowing agents. It would have been obvious to one of ordinary skill in the art before the effective filing date of the instant invention use the silane-crosslinked polyolefin polymers disclosed in Gopalan in place of the polymers disclosed in Wolschleger et al. in order to provide improved mechanical properties including density, rebound, compression set, and durability. See ¶77 of Gopalan.
Claims 1-4 and 6-10 are rejected under 35 U.S.C. 103 as being unpatentable over Wolschleger et al. (2018/0355138) and further in view of Abe (US 2003/0199597).
Wolschleger et al. teach a thermally expandable composition including at least one polymer P; at least one peroxide (corresponding to the instantly claimed initiator of instant claims 1 and 7); at least one chemical blowing (CBA), and at least one activator, wherein the activator includes at least one compound selected from formula (I),
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Wherein R1 and R4 are hydrogen atoms or monovalent alkyl radicals with 1 to 10 carbon atoms which optionally include oxygen atoms; R2 and R3 represent hydrogen atoms or monovalent alkyl radicals with 1 to 10 carbon atoms which optionally include oxygen atoms, nitrogen atoms, and/or aromatic moieties and R2 and R3 together form a divalent alkyl radical with 1 to 10 carbon atoms which optionally includes oxygen atoms, nitrogen atoms, and/or aromatic moieties. See ¶63-67 of Wolschleger et al. This meets instant claim 9.
The compositions of Wolschleger et al. further comprise polyfunctional acrylates with an acrylate functionality of at least 2 or 3 (¶78). This meets the co-agent of instant claim 10. See ¶78-79 of Wolschleger et al.
The compositions of Wolschleger et al. further comprise from, preferably, 9 to 15wt% of an adhesion promoter (¶77), with an expressly named example being ethylene-glycidyl-methacrylate copolymers. This meets the epoxy-functional polymer of instant claim 8 and the optional epoxy-functional polymer of instant claim 1.
Wolschleger et al. does not expressly disclose that the polymer P comprises silane groups of formula (I) of instant claim 1, in an amount of from 0.05 to 10wt% base on the expandable composition, wherein the silane groups are bonded to the at least one polymer P and/or the composition further comprises at least one alkoxysilane of formula (II) of instant claim 3, wherein the polymer P is a silane-functionalized polymer containing silane groups of formula (I), wherein the polymer is selected from the functional polymers of instant claim 6.
However, Abe teaches a silane-crosslinking expandable polyolefin resin composition comprising a silane-grafted polyethylene resin and a blowing agent (¶15). The silane-grafted polyethylene resin is produced by using vinyl-functional silane compounds which preferably have the formula RSiY3, with preferable examples being vinyl methoxysilane and vinyl triethoxysilane. This meets the formula (I) of instant claim 1 and also meets instant claims 3-6. The compositions of Abe further comprise a free radical generator with preferred examples being peroxides (¶25). Examples of the blowing agent used in Abe are chemical blowing agents. See ¶31. Abe teaches that the silane-grafted polyethylene resin is obtained by compounding 0.1 to 5 parts by weight of the vinyl-functional silane compound with 100 parts by weight of the linear low-density polyethylene. This amount falls within the range of instant claim 2.
Both Abe and Wolschleger et al. relate to the field of expandable compositions such as foams comprising polyolefin polymers, peroxide initiators, and chemical blowing agents. It would have been obvious to one of ordinary skill in the art before the effective filing date of the instant invention to use the silane-grafted polyethylene resin is produced by using vinyl-functional silane compounds which preferably have the formula RSiY3, with preferable examples being vinyl methoxysilane and vinyl triethoxysilane, including amounts of the silane compound, disclosed in Abe as the polymer in the expandable compositions of Wolschleger et al. in order to provide products having superior uniformity of cell structure and superior heat resistance, while also cutting down the time necessary for moisture crosslinking while providing uniform crosslinking. Using the polymers of Abe in Wolschleger et al. would improve the products of Wolschleger et al. (including uniform cell structure and improved heat resistance) while cutting down on production costs. See ¶77 of Abe.
Response to Arguments
Applicant’s argument with respect to the rejection of previous claims 1-7 under 35 U.S.C. 102(a)(1) as being anticipated by Gopalan et al. (US 2018/0160767) have been fully considered and are persuasive in light of the amendments made to claim 1. The rejection of previous claims 1-7 under 35 U.S.C. 102(a)(1) as being anticipated by Gopalan et al. (US 2018/0160767) has been withdrawn.
Applicant's arguments filed with respect to the rejection of the claims over Gopalan et al. (US 2018/0160767) in view of Wolschleger et al. (2018/0355138); over Wolschleger et al. (2018/0355138) in view of Gopalan et al. (US 2018/0160767); and over Wolschleger et al. (2018/0355138) in view of Abe (US 2003/0199597) have been fully considered but they are not persuasive.
Applicant argues that neither Wolschleger et al. (2018/0355138) nor Gopalan et al. (US 2018/0160767) teaches or suggests the specific combination now recited in amended claim 1.
This is not persuasive.
Wolschleger et al. teaches the epoxy-functional polymer EP, and Gopalan teaches the silane-functionalized polymer P as recited in the instant claims.
With regards to a “synergistic effect” argued on page 8, fourth full paragraph of the Remarks filed on 11/28/2025, and the “benefits” argued in the fifth full paragraph of page 8 of the Remarks filed on 11/28/2025, it is unclear what specific synergistic effect and benefits to which the Applicant is referring. No data is cited to as factually supported objective evidence in support of the alleged benefits and synergistic effect. As stated in MPEP 2145, “arguments presented by applicant cannot take the place of factually supported objective evidence. See, e.g., In re Schulze, 346 F.2d 600, 602, 145 USPQ 716, 718 (CCPA 1965); In re De Blauwe, 736 F.2d 699, 705, 222 USPQ 191, 196 (Fed. Cir. 1984).”
Furthermore, evidence of any alleged unexpected results, which appears to be what Applicants are arguing, must meet the requirements of MPEP 716.02 in order to be persuasive. No data is cited to as alleged support, let alone data which is in commensurate in scope with the claimed invention. Data must be commensurate in scope with the claimed invention in order to persuasively demonstrate unexpected results, as stated in MPEP 716.052(d). As no data is cited to, let alone data which covers the entire genuses of species of instant claim 1, unexpected results are not shown.
Applicant argues that there is no motivation to combine Wolschleger et al. (2018/0355138) nor Gopalan et al. (US 2018/0160767).
This is erroneous and not persuasive. As specifically stated in the rejection above, both Gopalan and Wolschleger et al. relate to the field of expandable compositions such as foams producing using polyolefin polymers, initiators, and chemical blowing agents. It would have been obvious to one of ordinary skill in the art before the effective filing date of the instant invention use the silane-crosslinked polyolefin polymers disclosed in Gopalan in place of the polymers disclosed in Wolschleger et al. in order to provide improved mechanical properties including density, rebound, compression set, and durability. See ¶77 of Gopalan. This is an expressly rationale to combine Gopalan and Wolschleger.
With regards to Applicant’s arguments on page 9, first full paragraph of the Remarks filed on 11/28/2025, one cannot show nonobviousness by attacking references individually where the rejections are based on combinations of references. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981); In re Merck & Co., 800 F.2d 1091, 231 USPQ 375 (Fed. Cir. 1986). The rejection is based on the combination of Gopalan and Wolschleger and not either reference alone, and the express rationale to combine the references is that it would have been obvious to one of ordinary skill in the art before the effective filing date of the instant invention use the silane-crosslinked polyolefin polymers disclosed in Gopalan in place of the polymers disclosed in Wolschleger et al. in order to provide improved mechanical properties including density, rebound, compression set, and durability. See ¶77 of Gopalan. This is an expressly rationale to combine Gopalan and Wolschleger.
With regards to the Applicant’s arguments of unexpected results on page 9, second full paragraph of the Remarks filed on 11/28/2025, this is not persuasive. Unexpected results must meet each of the requirements set forth in MPEP 716.02. The burden is on Applicant to establish that the results are unexpected and significant (MPEP 716.02 (b)). No such explanation is provided. Specifically, improved results do not amount to unexpected results. Applicant has not explained what would be expected and how the instantly claimed invention deviates from that expected trend.
MPEP 716.02(d) requires that the data must be commensurate in scope with the claimed invention. Applicant has cited to no specific examples or data which are allegedly commensurate in scope with the claimed invention. Applicant cites to general discussions within the instant specification, which are not data and are not commensurate in scope with the claimed invention.
MPEP 716.02(d), II requires that Applicants “compare a sufficient number of tests both inside and outside the claimed range to show the criticality of the claimed range. In re Hill, 284 F.2d 955, 128 USPQ 197 (CCPA 1960).” Applicant cites to no data, let alone a sufficient number of tests inside and outside the instantly claimed range, which is required to persuasively demonstrate unexpected results. Therefore, any arguments of unexpected results are not persuasive.
Each of the instantly claimed components is present in the combination of Gopalan and Wolschleger. The rejection establishes a proper rationale: It would have been obvious to one of ordinary skill in the art before the effective filing date of the instant invention to use the 9 to 15wt% of the adhesion promoter (¶77), with an expressly named example being ethylene-glycidyl-methacrylate copolymers, of Wolschleger et al. in the invention of Gopalan in order to improve the adhesion of the expanded compositions of Gopalan. See ¶76. Improved adhesion is argued as “unexpected” in the Remarks filed on 11/28/2025. The result cannot be unexpected, when the prior art expressly discloses use of a component for the same reason as Applicant: i.e. for improved adhesion. Therefore, Applicant’s arguments are not persuasive.
The discussion above is incorporated herein with regards to Applicants arguments of Wolschleger in view of Gopalan. Both Gopalan and Wolschleger et al. relate to the field of expandable compositions such as foams producing using polyolefin polymers, initiators, and chemical blowing agents. It would have been obvious to one of ordinary skill in the art before the effective filing date of the instant invention use the silane-crosslinked polyolefin polymers disclosed in Gopalan in place of the polymers disclosed in Wolschleger et al. in order to provide improved mechanical properties including density, rebound, compression set, and durability. See ¶77 of Gopalan.
Applicant argues that Wolschleger in view of Abe does not teach the instantly claimed invention. Applicant then points out what each respective reference is missing.
This is not persuasive.
In response to applicant's arguments against the references individually, one cannot show nonobviousness by attacking references individually where the rejections are based on combinations of references. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981); In re Merck & Co., 800 F.2d 1091, 231 USPQ 375 (Fed. Cir. 1986). The rejection is not over either reference alone. The epoxy-functional polymer which is not expressly disclosed in Abe is present in Wolschleger. The silane-functionalized polymer is present in Abe.
Applicant asserts that there is motivation to combine Abe with Wolschleger. Applicant then discusses specific teachings within each reference.
This is not persuasive.
As expressly stated in the rejection above, both Abe and Wolschleger et al. relate to the field of expandable compositions such as foams comprising polyolefin polymers, peroxide initiators, and chemical blowing agents. It would have been obvious to one of ordinary skill in the art before the effective filing date of the instant invention to use the silane-grafted polyethylene resin is produced by using vinyl-functional silane compounds which preferably have the formula RSiY3, with preferable examples being vinyl methoxysilane and vinyl triethoxysilane, including amounts of the silane compound, disclosed in Abe as the polymer in the expandable compositions of Wolschleger et al. in order to provide products having superior uniformity of cell structure and superior heat resistance, while also cutting down the time necessary for moisture crosslinking while providing uniform crosslinking. Using the polymers of Abe in Wolschleger et al. would improve the products of Wolschleger et al. (including uniform cell structure and improved heat resistance) while cutting down on production costs. See ¶77 of Abe. Thus, there is an express rationale to combine the references.
The rejection is based on the combinations of the references discussed above and not any reference individually. There is an express rationale to combine the teachings of the references as discussed in the rejections above. Applicant has not met the burden to properly establish unexpected results, the requirements of which are set forth in MPEP 716.02, and thus any arguments of synergy or benefits are also not persuasive.
For the reasons discussed above, Applicant's arguments filed with respect to the rejection of the claims over Gopalan et al. (US 2018/0160767) in view of Wolschleger et al. (2018/0355138); over Wolschleger et al. (2018/0355138) in view of Gopalan et al. (US 2018/0160767); and over Wolschleger et al. (2018/0355138) in view of Abe (US 2003/0199597) are not persuasive.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to K. B BOYLE whose telephone number is (571)270-7338. The examiner can normally be reached 8:30 am to 5pm, Monday - Friday.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Randy Gulakowski can be reached at (571) 272-1302. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/K. BOYLE/Primary Examiner, Art Unit 1766