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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 August 5, 2026 has been entered.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 17 is 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. A broad range or limitation together with a narrow range or limitation that falls within the broad range or limitation (in the same claim) may be considered indefinite if the resulting claim does not clearly set forth the metes and bounds of the patent protection desired. See MPEP § 2173.05(c). In the present instance, claim 17 recites the broad recitation “R3 represents a linear or branched divalent alkylene radical…”, and the claim also recites “preferably representing methylene or n-propylene”, which is the narrower statement of the range/limitation. The claim(s) are considered indefinite because there is a question or doubt as to whether the feature introduced by such narrower language is (a) merely exemplary of the remainder of the claim, and therefore not required, or (b) a required feature of the claims.
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.
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.
Claim 23 is rejected under 35 U.S.C. 103 as being unpatentable over Kohl et al., U.S. Patent Application Publication No. 2015/0027637 in view of Imai et al., U.S. Patent # 4,001,159, the product data sheet for Polysciences product No. 03032, and the Plastics Technology Handbook, Fifth Edition authored by Manas Chanda and published by the CRC Press ©2018.
Kohl et al. teach a two-part, moisture-curable hot melt adhesive comprising a silylated polymer selected from silylated polyethers, polyolefins, or polyacrylates (abstract). To the composition may be added a curing catalyst selected from those outlined in [0027]. In the exemplification summarized in [0047], there is no express mention of a catalyst but, on the other hand, the composition whose makeup is described therein contains an amine-functional silane adhesion promoter, which one of ordinary skill recognizes as auto-catalytic. Indeed, amine compounds are among the classes of compound disclosed in association with the cure catalyst and, in fact, amine-functional silane adhesion promoters are the last type of catalyst mentioned in that passage. As for the requirement for a poly(vinyl ether compound), this category of polymer material is mentioned as suitable permutation of a water-soluble/swellable thickening agent in [0031].
Kohl, it is acknowledged, only mentions poly(vinyl ether) compounds in a cursory manner and, therefore, is not anticipatory of a poly(vinyl ether) with a particular glass transition temperature. The Examiner takes notice, though, of the fact that poly(vinyl methyl ether) and methyl vinyl ether-maleic anhydride copolymer are two familiar, commercially-available, embodiments of a polyvinyl ether-based thickener, the former of which conforms with the glass transition temperature limitation whereas the latter does not. The Examiner submits that the employment of either of these would be obvious, particularly insofar as the empirical data in Applicants’ Specification is not designed to demonstrate the glass transition temperature limitation to be especially critical to the practice of the instant invention. Rather, the comparative trials are simply devoid of any poly(vinyl ether compound).
The Examiner attaches as evidence the documented provision of poly(methyl vinyl) ether thickener in an olefin/acrylate-based copolymer composition. See column 5, lines 30-31 of Imai. See also the product data sheet for Polysciences product data no. 03032, which is poly(vinyl methyl ether) aqueous solution having application as a rheology modifier.
As for the hindered phenol antioxidant, whereas it is appreciated that Kohl contemplates the incorporation of an antioxidant, but is not forthcoming as to what classes of compound may be used in this regard. The Plastics Technology Handbook, Fifth Edition at Chapter 1, page 109 under the heading 1.17.1 Antioxidants and Related Compounds states, however, that the most widely-used primary antioxidants are sterically hindered phenols or secondary aromatic amines. In fact, the Examiner further takes notice of the fact that, in the vast majority of prior art patent disclosures directed to polymer compositions where specific antioxidants are named, sterically hindered phenols are routinely identified, and often are the first ones mentioned.
Allowable Subject Matter
The rejection of claim 29 over Kohl is withdrawn because skin-contacting articles are not mentioned among the different articles of commerce that can be made using the adhesive composition of this reference. An updated/modified survey of the prior art did not yield any references more germane than those already of record. Accordingly, claims 17-22, 24-29, and 31 are allowable.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MARC S ZIMMER whose telephone number is (571)272-1096. The examiner can normally be reached M-F 8:30-5:00.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Heidi Kelley can be reached at 571-270-1831. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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August 26, 2026
/MARC S ZIMMER/Primary Patent Examiner, Art Unit 1765
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