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 .
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 January 20, 2026 has been entered.
Claim Interpretation
Claims 1 and 11 have been amended to include the limitation requiring that “an amount of the aromatic vinyl (B2) in the comonomer (B) is in a range from 10% to 30%.” This range is interpreted as being distinct from the overall concentration of styrene within the entire polymerizable composition (e.g., the composition contemplated by instant claim 11); instead, this range is interpreted as requiring that styrene comprises 10-30 wt% of the monomers other than the macromonomer (e.g., the macromonomer contemplated by claim 4) within the claimed copolymer. This interpretation is consistent with the instant Specification, wherein [0106] indicates the claimed range of 10-30 % by mass of comonomer (B), [0105] indicates that the polymerizable composition (X) is used to produce the claimed copolymer, and [0020], embodiment [19] indicates that composition (X) comprises macromonomer (A) and comonomer (B). “Comonomer (B)” is recognized as a plural term; [0020] specifically states that “Comonomer (B)” includes (at least) an acrylate (B1) and an aromatic vinyl (B2).
Claim Rejections - 35 USC § 102/103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claims 1-5, 8-9, 11-13, and 16-21 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by or, in the alternative, under 35 U.S.C. 103 as being unpatentable over Otani (JP 2018159010 A, hereinafter referring to the ESPACENET Translation).
Regarding claim 1, Otani teaches a macromonomer-based copolymer (Abstract), with a molecular weight ranging from 30,000 to 10,000,000 ([0057]), which anticipates the claimed range of “240,000 or greater and 3,500,000 or less.”
Otani further teaches that the macromonomer-based copolymer contains a unit derived from a comonomer designated as comonomer (B), which contains an alkyl acrylate and an aromatic acrylate ([0013]), and also teaches the incorporation of styrene as a minor component within comonomer (B) ([0053]) and particularly teaches the usage of styrene within these minor components because it is useful for forming a branched structure with acrylates and methacrylates ([0044]), which reads on the claimed “aromatic vinyl.” Otani finally teaches that the copolymer with a branched structure can be formed therefrom ([0044]). Otani states that a polymer with a branched structure can be formed from the polymer containing styrene and an acrylate ([0044]), which reads on the claimed copolymer. Furthermore, Otani teaches, inter alia, the optional incorporation of styrene, alpha-methylstyrene, and divinylbenzene ([0053]), all of which read on the claimed listing of aromatic vinyl monomers.
Otani teaches incorporation of 0-85 wt% of styrene in comonomer(s) (B) (c.f. comonomers (B) contain 0-100 parts by mass of alkyl acrylate (B1) ([0048]), and 5-100 parts by mass of aromatic acrylate (B2) ([0051]); the remaining monomer (B3) may therefore comprise between 0 and 95 parts by weight of the comonomers (B)). Otani further explicitly specifies the use of styrene in comonomer(s) (B) ([0053]). The range of 0-95 wt% of comonomers (B) encompasses and therefore anticipates the claimed range of “10% to 30%.”
In the alternative, it would have been obvious to one of ordinary skill in the art at the time of filing to select a vinylaromatic monomer such as styrene etc. ([0053]), as such monomers are expressly disclosed as being suitable. It would have been further obvious to include the vinylaromatic monomer in amounts of 0-95 wt% of comonomers as suggested by Otani. It is prima facie obvious to select a known material based on its art-recognized suitability for an intended purpose (see MPEP 2144.07); therefore, it would have been obvious to select styrene, which is included in the aforementioned list. The range taught by Otani encompasses the claimed range of “10% to 30%,” establishing a prima facie case of obviousness.
Regarding claim 2, Otani states that a polymer with a branched structure can be formed from the polymer containing acrylates ([0044 and [0053]), which reads on the claimed copolymer.
Regarding claim 3, Otani is silent with regard to the acrylate and vinyl acrylate components forming the main chain of the macromonomer-based copolymer. However, Otani teaches that the copolymerization reaction mechanism of the inventive macromonomer (A) and comonomer (B) is that which is described in a previous publication ([0044]). Likewise, the instant application states that the purportedly inventive copolymer is formed using the reaction mechanism taught by the exact same document (see instant Specification at [0033]). Otani as applied above therefore results in a macromonomer-based copolymer which contains all of the same components reacted together using the same reaction process. Products of identical chemical compositions cannot have mutually exclusive properties. Where the claimed and prior art products are identical or substantially identical in structure or composition, a prima facie case of anticipation has been established. See MPEP 2112.01. The claimed polymer structure will therefore necessarily be present in Otani as applied above.
Regarding claim 4, Otani teaches that the inventive macromonomer-based copolymer is formed from a macromonomer (A) which has a structure identical to the claimed “General Formula (1)” ([0010]).
Regarding claim 5, Otani teaches an embodiment wherein the macromonomer (A) contains 80% by mass or more of methyl methacrylate units ([0013]), which anticipates the claimed range of “80% by mass or greater.”
Regarding claims 8 and 9, Otani teaches that the macromonomer (A) has a number average molecular weight (Mn) of 500 or more and 100,000 or less ([0030]), but differs from claims 8 and 9 because it fails to teach the claimed range of weight average molecular weight. However, Otani teaches that the structure of the macromonomer (A) is represented by a formula which is identical to the claimed “General Formula (1)” within the instant claim set, which governs the structure of the claimed “macromonomer (A),” but which also governs the molecular weight of the claimed “macromonomer (A)” because the claimed “General Formula (1)” establishes the possible identities of the chemical compounds which make up the “macromonomer (A)” as well as their numerosity (c.f. “General Formula (1)” within the instant claim set and general formula (1) of Otani, both of which state that n may range from 2 to 10,000). The macromonomers of both the instant claim set and the teachings of Otani are identical – therefore, the claimed “molecular weight” values will necessarily be present in the macromonomer taught by Otani.
Regarding claim 11, Otani teaches polymerization components which possess all of the structural limitations of the claimed polymerization components “macromonomer (A) represented by General Formula (1),” and “comonomer (B)” as described above. Otani further teaches production processes for the inventive macromonomer copolymer (which comprises the aforementioned polymerization components), including solution, suspension, and bulk polymerization methods ([0060]), and explicitly teaches the charging of both the macromonomer (A) and the comonomer (B) within the polymerization reaction ([0061]). Otani further teaches the incorporation of an initiator ([0054]). Otani states that a polymer with a branched structure can be formed from the polymer containing styrene and an acrylate ([0044]), which reads on the claimed copolymer. Furthermore, Otani teaches, inter alia, the optional incorporation of styrene, alpha-methylstyrene, and divinylbenzene ([0053]), all of which read on the claimed listing of groups.
As described above, Otani teaches incorporation of 0-85 wt% of styrene in comonomer(s) (B) (c.f. comonomers (B) contain 0-100 parts by mass of alkyl acrylate (B1) ([0048]), and 5-100 parts by mass of aromatic acrylate (B2) ([0051]); the remaining monomer (B3) may therefore comprise between 0 and 95 parts by weight of the comonomers (B)). Otani further explicitly specifies the use of styrene in comonomer(s) (B) ([0053]). The range of 0-95 wt% of comonomers (B) encompasses and therefore anticipates the claimed range of “10% to 30%.”
Regarding claim 12, Otani teaches an embodiment wherein the macromonomer (A) contains 80% by mass or more of methyl methacrylate units ([0013]), which anticipates the claimed range of “80% by mass or greater.”
Regarding claim 13, Otani teaches that the macromonomer (A) has a number average molecular weight (Mn) of 500 or more and 100,000 or less ([0030]), but differs from claim 13 because it fails to teach the claimed range of weight average molecular weight. However, Otani teaches that the structure of the macromonomer (A) is represented by a formula which is identical to the claimed “General Formula (1)” within the instant claim set, which governs the structure of the claimed “macromonomer (A),” but which also governs the molecular weight of the claimed “macromonomer (A)” because the claimed “General Formula (1)” establishes the possible identities of the chemical compounds which make up the “macromonomer (A)” as well as their numerosity (c.f. “General Formula (1)” within the instant claim set and general formula (1) of Otani, both of which state that n may range from 2 to 10,000). The macromonomers of both the instant claim set and the teachings of Otani are identical – therefore, the claimed “molecular weight” values will necessarily be present in the macromonomer taught by Otani.
Regarding claim 16, Otani teaches the mixing of the inventive copolymer with polymethyl methacrylate ([0058]), which reads on the claimed “resin composition” because polymethyl methacrylate is a methacrylic polymer substantially comprising 100% of methyl methacrylate by mass. The amount of methyl methacrylate within polymethyl methacrylate therefore anticipates the claimed range of “80% by mass or greater.”
Regarding claim 17, Otani teaches the incorporation of 80 to 100% by mass of polymethyl methacrylate and 0.5 to 100% by mass of the inventive copolymer within the blend ([0065]). These ranges anticipate the claimed ranges of “10% by mass or greater and 99% by mass or less” and “1% by mass or greater and 90% by mass or less,” respectively,
Regarding claim 18 and 20, Otani teaches that the blends containing the inventive copolymer may be used as a melt-moldable molding material ([0062]), and teaches inventive examples wherein the inventive copolymer is blended with polymethyl methacrylate and injection molded ([0086]).
Regarding claim 19 and 21, Otani teaches that the blends containing the inventive copolymer may be used as a melt-moldable molding material to produce films ([0062]), and teaches the melt-kneading of the inventive compositions’ blends ([0087]), which reads on the claimed “extrusion molding.”
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claims 10 and 14-15 are rejected and claim 13 is alternatively rejected under 35 U.S.C. 103 as being unpatentable over Otani (JP 2018159010 A, hereinafter referring to the ESPACENET Translation).
Regarding claims 10 and 14, Otani teaches that ethyl, n-propyl, n-butyl, and 2-ethylhexyl acrylates are among the most preferred examples of the component (B1) (which reads on the claimed “acrylate (B1)” ([0047]). These preferred components (B1) meet the claimed glass transition limitation because the instant Specification states that these acrylates are suitable for the purportedly inventive composition (see instant Specification at p. 10, [17], which recites the usage of the above-described acrylates, and which has optional dependency on [10], which requires the same glass transition temperature property as claimed). Therefore, it would have been obvious to one of ordinary skill in the art at the time of filing to use ethyl, n-propyl, n-butyl, and 2-ethylhexyl acrylates as component (B1) within the teachings of Otani.
Regarding claim 13, Otani teaches that the molecular weight of the macromonomer copolymer ranges from 30,000 to 10,000,000 ([0057]), thereby limiting the molecular weight of the macromonomer to be bounded by that range.
Regarding claim 15, Otani teaches an example synthetic procedure involving the formation of a macromonomer of methyl methacrylate and subsequent formation of the inventive copolymer ([0070]-[0071]). Within this procedure, the macromonomer formation and copolymer formation are conducted in substantially identical apparatuses (c.f. the reaction apparatus of [0070] and the polymerization apparatus of [0071], both of which are equipped with stirring, cooling tube, and thermometer. Additionally, a polymerization apparatus is a reaction apparatus). Otani does not teach away from the successive use of the same apparatus for both reactions, and therefore it would have been obvious to one of ordinary skill in the art to use the same reaction vessel for both reactions.
Response to Arguments
Applicant's arguments filed January 20, 2026 have been fully considered but they are not persuasive.
Applicant states that Otani fails to disclose the claimed range of styrene within the claimed comonomer(s) (B). However, as described above, Otani specifically teaches the incorporation of styrene as component (B3) within the comonomers which react with macromonomer (A), and implicitly teaches the incorporation of 0-95 wt% thereof by providing ranges of other comonomers (B1) and (B2) with respect to the total comonomers (B). Applicant argues Otani discourages the use of styrene; however, Otani merely describes that the use of styrene as the main component leads to slow polymerization ([0044]). As described above, Otani specifically indicates the incorporation of styrene as comonomer B3, which is included in the claimed amounts.
Conclusion
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/JOSHUA CALEB BLEDSOE/Examiner, Art Unit 1762
/ROBERT S JONES JR/Supervisory Patent Examiner, Art Unit 1762