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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 12/10/2025 has been entered (with RCE filed on 1/8/2026).
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.
All outstanding rejections, except for those maintained below, are withdrawn in light of applicant’s amendment filed on 12/10/2025 (entered with RCE filed on 1/8/2026).
Claim Rejections - 35 USC § 103
Claims 1, 8, 12, and 24-30 are rejected under 35 U.S.C. 103 as being unpatentable over Hironaka (JP 2009-114413, machine translation) in view of Bowers (US 2,968,637) and Martz (US 5,319,032).
With respect to claims 1, 12, 24, and 25, Hironaka discloses an aqueous modified chlorosulfonated polyolefin (paragraph 0001) composition comprising chlorosulfonated polyethylene (paragraph 0015) and optionally known additives including a vulcanization accelerator and film-forming aids (paragraph 0036) such as ethylene glycol monomethyl ether (i.e., methyl glycol), diethylene glycol monomethyl ether (i.e., methyl diglycol), ethylene glycol monobutyl ether (i.e., butyl glycol), and dipropylene glycol monobutyl ether (i.e., butyl propylene diglycol) (paragraph 0037) which also read on claimed formula I for n = 1.
Hironaka fails to disclose (i) the amount of vulcanization accelerator or a specific vulcanization accelerator compound or (ii) the amount of film forming aid.
With respect to (i), Bowers discloses curable dispersions of ethylene polymers, e.g., a dispersion (i.e., latex) comprising 100 parts by weight chlorosulfonated polyethylene, 1 part by weight diphenylguanidine (accelerator), and 3 parts by weight benzothiazyl disulfide (accelerator) (col. 5, lines 5-15).
Given that both Hironaka and Bowers discloses aqueous dispersion of chlorosulfonated polyolefin comprising accelerator and further given that Bowers teaches that suitable vulcanization accelerators for chlorosulfonated polyolefin includes diphenylguanidine (guanidine based) and benzothiazyl disulfide (thiazole-based), it would have been obvious to one of ordinary skill in the art to utilize at least one of these accelerators in Hironaka’s aqueous dispersion in an amount of 1-3 parts by weight per 100 parts by weight of chlorosulfonated polyolefin.
With respect to (ii), Martz discloses modified chlorinated polyolefins (abstract) and teaches that suitable coalescing solvents (i.e., film forming aids) include ethylene glycol butyl ether (i.e., butyl glycol) inter alia and are used in amounts of 5-40 wt % (preferably 15-30 wt %) based on the solids of the aqueous dispersion (i.e., latex solids) (col. 3, lines 42-58).
Given that Martz discloses glycol ethers as film forming aids and further given that Martz teaches that chlorinated polyolefin latex appropriately includes 5-40 wt % glycol ether solvents as a film forming aid, it would have been obvious to one of ordinary skill in the art to utilize the glycol ether film forming aids of Hironaka within the claimed range.
With respect to claim 8, Hironaka discloses film-forming aids (paragraph 0036) such as ethylene glycol monomethyl ether (i.e., methyl glycol), diethylene glycol monomethyl ether (i.e., methyl diglycol), ethylene glycol monobutyl ether (i.e., butyl glycol), and dipropylene glycol monobutyl ether (i.e., butyl propylene diglycol) (paragraph 0037).
While Hironaka teaches butyl glycol it does not teach claimed isobutyl glycol. Even so, it is the examiner’s position that it would have been obvious to one of ordinary skill in the art to expect similar beneficial results with isomers. Case law holds that position isomers are generally of sufficiently close structural similarity that there is a presumed expectation that such compounds possess similar properties. In re Wilder, 563 F.2d 457, 195 USPQ 426 (CCPA 1977).
Also, while Hironaka teaches butyl glycol it does not teach hexyl glycol. It is the examiner’s position that it would have been obvious to one of ordinary skill in the art to expect similar beneficial results with compounds having only additional –CH2– groups (from 4 to 6 for hexyl). Case laws holds that homologs (compounds differing regularly by the successive addition of the same chemical group, e.g,. by –CH2– groups) are generally of sufficiently close structural similarity that there is a presumed expectation that such compounds possess similar properties. In re Wilder, 563 F.2d 457, 195 USPQ 426 (CCPA 1977). Evidence to support the examiner’s position is found in Martz which teaches that ethylene glycol hexyl ether (hexyl glycol) is preferred (col. 3, line 54).
With respect to claims 26-30, Hironaka teaches that chlorosulfonated polyolefins are used in packings, gaskets, and handrails inter alia, which are all molded products.
Response to Arguments
Applicant's arguments filed 12/10/2025 (entered with RCE filed on 1/8/2026) have been fully considered but they are moot in view of the new grounds of rejection set forth above.
Conclusion
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/VICKEY NERANGIS/Primary Examiner, Art Unit 1763
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