RESPONSE TO AMENDMENT
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 .
Request for Continued Examination
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 05 January 2026 has been entered.
Application Status
Amendments claims 1, 2, 5, 7-9, and 11-15, filed on 05 January 2026, have been entered in the above-identified application with the RCE filed 08 February 2026. Claims 18-26 have been added and claims 3, 4, 6, 10, 16, and 17 have been cancelled by applicant. Claims 1, 2, 5, 7-9, 11-15, and 18-26 are pending.
WITHDRAWN REJECTIONS
The 35 U.S.C. § 102 and 103 rejections of record of the office action mailed 07 October 2025 have been withdrawn due to Applicant’s amendment in the response filed 05 January 2026. In particular, Zhou (WO 2019/024166 A1 and U.S. Pub. 2020/0024489) do not specify that the second polymeric layer includes from 1-25 wt. % of a maleated polyolefin.
NEW 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 § 103
Claims 1, 2, 5, 7-9, 11-15, 18-22, 24, and 25 are rejected under 35 U.S.C. 103 as being unpatentable over WO 2017/117326 A1 in view of Tang (U.S. Pub. 2017/0114543).
Regarding claim 1, WO ‘326 discloses polyolefin thermoplastic roofing membranes having multiple polymeric layers and an adhesive layer. See abstract and p. 3, [0013-0014] generally describing the membrane including having two or more laminated layers. Page 20, [0080] and FIG. 5 describe and depict the membrane with an adjacent adhesive layer. The membrane layers are formed from polyolefins, see p. 4, [0019] and thus are polymeric layers.
Blends of polymers are suitable for the membrane, see p. 10, [0038]. One or more of the layers of the membrane may include a functionalized thermoplastic resin , see p. 10, [0040]. The thermoplastic polymer has at least 0.2 wt. % and preferably at least 1.0 wt. % functionalization, most preferably from 1-2 wt. % functionalization. See p. 13, [0048]. Suitable functionalized polymers include maleated polypropylene based polymers, see p. 13, [0050]. This reads on the second polymeric layer having the claimed amount of maleated polyolefin.
The adhesive layer is described at p. 20-21, [0080] and p. 22, [0087] and may be a pressure-sensitive adhesive layer.
The membranes are fabricated to a desired thickness, see p. 20, [0076].
However, WO ‘326 does not specify using a cross-linked polyacrylate pressure-sensitive adhesive and does not specify the thickness of the laminate.
Tang similarly describes a polymeric roofing membrane having a polymeric membrane panel, adhesive layer, and release member in which the adhesive is a pressure-sensitive adhesive, see abstract. The thickness of the roofing membrane panels are from 500 microns to 3 mm (3,000 microns), see p. 2, [0019]. The membranes are thermoplastic materials, see p. 2, [0018]. The adhesive is a hot melt pressure sensitive adhesive which is applied to the membrane and subsequently cured, see p. 1, [0001]. The adhesive is preferably an acrylic based hot melt pressure-sensitive adhesive, see p. 2, [0020].
WO ‘326 and Tang are analogous as they are similar in structure, composition, and function as each describes multilayered polymeric roofing membranes with pressure-sensitive adhesive layers.
It would have been obvious to one of ordinary skill in the art at the time of the invention to have included a crosslinked polyacrylate pressure-sensitive adhesive layer as taught in Tang in order to arrive at the claimed invention. One of ordinary skill in the art would have been motivated to use the cured adhesive layer as this provides the membranes with a higher operating temperature while allowing for greater tack at lower temperatures, see Tang at p. 2, [0015]. It is also desirable to have formulated the membranes to have a thickness of at least 500 microns to 3 mm as described in Tang as this is a conventional thickness for roofing membranes, see p. 2, [0019].
Regarding claim 2, WO ‘326 describes that the thermoplastic polyolefin resin forms a matrix that includes functional fillers including magnesium hydroxide and calcium carbonate dispersed within the matrix, see p. 2, [0006] and p. 4, [0016].
Regarding claim 5, WO ‘326 teaches that suitable functionalized polymers include maleated polypropylene based polymers, see p. 13, [0050].
Regarding claim 7, WO ‘326 teaches that the membrane layers are coextruded, see p. 3, [0013].
Regarding claim 8, WO ‘326 teaches using an ethylene-propylene copolymer as the polyolefin thermoplastic resin, see claim 3. Tang also teaches using EPDM-based membranes, see p. 2, [0018].
Regarding claim 9, Tang teaches including a release member disposed on the pressure-sensitive adhesive layer opposite from the membrane layers, see p. 1, [0001] and [0011].
Regarding claim 11, WO ‘326 discloses polyolefin thermoplastic roofing membranes having multiple polymeric layers and an adhesive layer. See abstract and p. 3, [0013-0014] generally describing the membrane including having two or more laminated layers. Page 20, [0080] and FIG. 5 describe and depict the membrane with an adjacent adhesive layer. The membrane layers are formed from polyolefins, see p. 4, [0019] and thus are polymeric layers.
Blends of polymers are suitable for the membrane, see p. 10, [0038]. One or more of the layers of the membrane may include a functionalized thermoplastic resin , see p. 10, [0040]. Suitable functionalized polymers include maleated polypropylene based polymers, see p. 13, [0050]. This reads on the polymeric layer having maleated polyolefin.
WO ‘326 describes that the thermoplastic polyolefin resin forms a matrix that includes functional fillers including magnesium hydroxide and calcium carbonate dispersed within the matrix, see p. 2, [0006] and p. 4, [0016].
The adhesive layer is described at p. 20-21, [0080] and p. 22, [0087] and may be a pressure-sensitive adhesive layer.
However, WO ‘326 does not specify using a cross-linked polyacrylate pressure-sensitive adhesive.
Tang similarly describes a polymeric roofing membrane having a polymeric membrane panel, adhesive layer, and release member in which the adhesive is a pressure-sensitive adhesive, see abstract. The membranes are thermoplastic materials, see p. 2, [0018]. The adhesive is a hot melt pressure sensitive adhesive which is applied to the membrane and at least partially cured, see p. 2, [0015]. The adhesive is preferably an acrylic based hot melt pressure-sensitive adhesive, see p. 2, [0020].
WO ‘326 and Tang are analogous as they are similar in structure, composition, and function as each describes multilayered polymeric roofing membranes with pressure-sensitive adhesive layers.
It would have been obvious to one of ordinary skill in the art at the time of the invention to have included a crosslinked polyacrylate pressure-sensitive adhesive layer as taught in Tang in order to arrive at the claimed invention. One of ordinary skill in the art would have been motivated to use the cured adhesive layer as this provides the membranes with a higher operating temperature while allowing for greater tack at lower temperatures, see Tang at p. 2, [0015].
Regarding claim 12, Tang teaches including a release member disposed on the pressure-sensitive adhesive layer opposite from the membrane layers, see p. 1, [0001] and [0011].
Regarding claim 13, WO ‘326 teaches using an ethylene-propylene copolymer as the polyolefin thermoplastic resin, see claim 3. Tang also teaches using EPDM-based membranes, see p. 2, [0018].
Regarding claim 14, WO ‘326 teaches using a thermoplastic polyolefin membrane, see p. 5, [0019].
Regarding claim 15, WO ‘326 teaches that blends of polymers are suitable for the membrane, see p. 10, [0038]. One or more of the layers of the membrane may include a functionalized thermoplastic resin , see p. 10, [0040]. Suitable functionalized polymers include maleated polypropylene based polymers, see p. 13, [0050].
Regarding claim 18, Tang teaches that the thickness of the roofing membrane panels are from 500 microns to 3 mm (3,000 microns), see p. 2, [0019].
Regarding claim 19, Tang teaches that the thickness of the roofing membrane panels are more preferably from 1000 microns to 2.5 mm (2,500 microns), or from 1,500 microns to 2 mm (2,000 microns). see p. 2, [0019]. These meet or exceed the claimed thickness of at least 1,000 microns.
Regarding claims 20 and 21, Tang teaches that the adhesive layer thickness is at least 51 microns and at most 381 microns, and most preferably from 127 to 254 microns. See p. 3, [0029]. These are each within the claimed ranges.
Regarding claim 22¸ Tang teaches using UV light to cure the adhesive layer, see p. 3, [0033] and [0034].
Regarding claims 24 and 25, WO ‘326 teaches that one or more of the layers of the membrane may include a functionalized thermoplastic resin , see p. 10, [0040] (emphasis added). Thus only one of the layers may include the maleated polyolefin and the other layer may be devoid of this component. This allows the second layer to include maleated polyolefin and the first layer to be devoid of maleated polyolefin, meeting the limitations of claims 24 and 25.
Claims 23 and 26 are rejected under 35 U.S.C. 103 as being unpatentable over WO 2017/117326 A1 in view of Tang (U.S. Pub. 2017/0114543) as applied above, and further in view of WO 2017/165868 A1.
Regarding claims 23 and 26, WO ‘326 and Tang are relied upon as described above in regards to claims 11 and 22. While Tang describes an acrylic hot melt pressure-sensitive adhesive which is at least partially cured, the reference does not specify the gel fraction of the adhesive as determined by solvent extraction with THF.
WO ‘868 describes polymeric membrane panels used for roofing covers, see p. 1, [0003] and p. 3, [0009]. The panels have a first and second polymer membrane and a UV-cured adhesive applied to the membrane so that the adhesive contacts the roof surface, see p. 3, [0009]. The adhesive is an acrylic UV cured pressure-sensitive adhesive, see p. 6, [0019-0020]. The adhesive has a substantially consistent degree of cure as measured by a gel content based on THF extraction of from 50-90%, see p. 9, [0029]. In its cured state, the adhesive provides sufficient tack to allow the membrane composites to be used in roofing systems, see p. 9, [0030].
The references are analogous because they are similar in structure and function, as each reference describes polymeric membranes with applied adhesives used for roofing covers. Tang and WO ‘868 both teach the use of partially cured UV-curable acrylic adhesives, see WO ‘868 at p. 8, [0028] and Tang at p. 2, [0015]. As Tang and WO ‘868 each teach the use of partially cured UV-curable acrylic hot melt pressure sensitive adhesives in the same service, there is a reasonable expectation of success in the combination.
It would have been obvious to one of ordinary skill in the art at the time of the invention to at least partially cure the UV-curable acrylic hot melt pressure sensitive adhesive of Tang to have a gel fraction of from 50-90 % as taught in WO ‘868 to arrive at the claimed invention. One of ordinary skill in the art would have been motivated to achieve this desired level of cure as WO ‘868 teaches that this provides sufficient tack to allow the membrane composite to be used in roofing systems that meet industry standards for wind uplift resistance, see p. 9, [0030] and desired peel strength, see p. 10, [0031].
RESPONSE TO APPLICANT’S ARGUMENTS
Applicant’s arguments in the response filed 05 January 2026 regarding the 35 U.S.C. §§ 102 and 103 rejections of the claims of record have been considered but are moot due to the new grounds of rejection.
Conclusion
All claims are rejected.
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/Scott R. Walshon/ Primary Examiner, Art Unit 1759