DETAILED ACTION
This office action follows a response filed on March 31, 2026. Claims 1, 2, 4-20 were amended and claim 3 was canceled. Claims 1, 2 and 4-20 are pending.
Claim Objections
Claim 1 is objected to because of the following informalities: In line 3, delete “the” which appears between “wherein” and “latex”.
Claim 1 is objected to because of the following informalities: In line 12, delete “the” which appears prior to “weight percentages”.
Claim 5 is objected to because of the following informalities: In line 4, delete “monomers selected from”.
Claim 8 is objected to because of the following informalities: In line 3, insert “additional” prior to “functional groups (y)”.
Claim 8 is objected to because of the following informalities: In line 6, insert “additional” prior to “functional groups (y)”.
Claim 8 is objected to because of the following informalities: On page 5, line 4, insert “additional” prior to “functional groups (y)”.
Claim 8 is objected to because of the following informalities: On page 5, line 7, insert “additional” prior to “functional groups (y)”.
Claim 8 is objected to because of the following informalities: On page 5, line 10, insert “additional” prior to “functional groups (y)”.
Claim 8 is objected to because of the following informalities: On page 5, line 13, insert “additional” prior to “functional groups (y)”.
Claim 8 is objected to because of the following informalities: On page 5, line 16, insert “additional” prior to “functional groups (y)”.
Claim 8 is objected to because of the following informalities: On page 5, line 19, replace “-functional groups (y)” with “additional functional groups (y)”.
Claim 8 is objected to because of the following informalities: On page 5, line 22, insert “additional” prior to “functional groups (y)”.
Claim 8 is objected to because of the following informalities: On page 5, line 24, insert “additional” prior to “functional groups (y)”.
Claim 8 is objected to because of the following informalities: On page 5, line 26, replace “-functional groups (y)” with “additional functional groups (y)”.
Claim 8 is objected to because of the following informalities: On page 5, line 29, insert “additional” prior to “functional groups (y)”.
Claim 9 is objected to because of the following informalities: On page 6, line 1, the compound “Bisphenol A glycerolate diacrylate” has been recited previously on page 5, line 3.
Claim 13 is objected to under 37 CFR 1.75(c) as being in improper form because it recited “claim 1” twice and is therefore a multiple dependent claim. See MPEP § 608.01(n).
Claim 17 is objected to because of the following informalities: In line 1, please replace “elastomeric articles” with “an elastomeric article”.
Response to Arguments
The rejections of claims under 35 U.S.C. 112(b), set forth in paragraphs 111-115 of the previous office action dated December 31, 2025, have been withdrawn.
The rejection of claims under 35 U.S.C. 102(a)(1) as being anticipated by Kodama et al. (US 7,291,666), set forth in paragraph 119 of the previous office action, has been overcome by amendment. Reference does not teach claimed latex polymer (A) comprising units derived from conjugated dienes and ethylenically unsaturated nitrile compounds.
The rejection of claims under 35 U.S.C. 102(a)(1) as being anticipated by Kodama et al. (US 7,291,666), set forth in paragraph 120 of the previous office action, has been overcome by amendment. Reference does not teach claimed latex polymer (A) comprising units derived from conjugated dienes and ethylenically unsaturated nitrile compounds.
Applicant traverses the rejection of claims under 35 U.S.C. 103 as being unpatentable over Obrecht et al. (US 6,649,696), set forth in paragraph 121 of the previous office action. Applicant points to amended claims which state that compound (B) contains a beta-hydroxy ester linkage and a plurality of additional functional groups (y) reactive with functional groups (x) on latex polymer (A). Applicant argues that hydroxyethyl methacrylate is a monofunctional compound; that is, it contains a beta-hydroxy ester linkage and only one additional functional group (the double bond of the methacrylate group). Applicant cites exemplary compound (B), 2-hydroxy-1-aryloxy-3-methacryloxy propane, having two functional groups in addition to the beta-hydroxy ester linkage, to highlight differences between claimed compound and that of prior art. The rejection has been withdrawn in view of claim amendment.
Applicant traverses the rejection of claims under 35 U.S.C. 103 as being unpatentable over Obrecht et al. (US 6,649,696) in view of Kells et al. (WO 2017/164726), set forth in paragraph 122 of the previous office action, has been withdrawn.
Comments on instant claims and working examples.
Example 4 shows combining an aliquot of oxirane-free XNBR latex (prepared from butadiene, acrylonitrile, and methacrylic acid) with an aliquot of 2-hydroxy-1-aryloxy-3-methacryloxypropane with stirring for 2 hours. The reactive functional groups of the oxirane-free XNBR latex are pendant diene groups resulting from 1,2-addition and carboxyl groups on units derived from methacrylic acid. The compound 2-hydroxy-1-aryloxy-3-methacryloxypropane contains as functional groups a beta-hydroxyl group, a carbon-carbon double bond in the methacrylate group, and an aryloxy group.
One envisions an esterification reaction taking place between a beta-hydroxyl group and a carboxyl group of the XNBR latex. It is contestable whether esterification would occur between an aryloxy group and a carboxyl group, unless the aryloxy group contains other unidentified functional groups reactive with the XNBR latex. An aryloxy group that is a phenoxy group is unlikely to react with a carboxyl group of the XNBR latex. Finally, it is unlikely that the carbon-carbon double bond of the methacrylate group reacts with a carboxyl group or with a pendant diene group in absence of catalyst, initiator, or change in reaction condition(s). Thus, while exemplary compound contains a plurality of additional functional groups other than the beta-hydroxyl group, it does not appear that all additional functional groups react with functional groups on the latex polymer under the conditions shown in the working example and as required by the recitation in instant claims.
The structures of compounds (B) recited in claim 9 are shown below.
glycerol dimethacrylate
PNG
media_image1.png
106
162
media_image1.png
Greyscale
glycerol 1,3-diglycerolate diacrylate
PNG
media_image2.png
80
280
media_image2.png
Greyscale
3-acryloyloxy-2-hydroxypropyl methacrylate
PNG
media_image3.png
108
278
media_image3.png
Greyscale
bisphenol A glycerolate diacrylate
PNG
media_image4.png
84
278
media_image4.png
Greyscale
levulinic acid methacrylate
PNG
media_image5.png
78
176
media_image5.png
Greyscale
glyceryl monomethacrylate
PNG
media_image6.png
234
482
media_image6.png
Greyscale
fatty acid modified glycidyl methacrylate
PNG
media_image7.png
82
406
media_image7.png
Greyscale
CH2=C(CH3)C(O)O-CH2CH(OH)-CH2OC(O)R, where R is fatty acid residue
2-hydroxy3-phenoxypropyl (meth)acrylate
PNG
media_image8.png
162
462
media_image8.png
Greyscale
(same as exemplary 2-hydroxy-1-aryloxy-3-
methacryloxypropane)
eugenyl-2-hydroxypropyl methacrylate
PNG
media_image9.png
78
212
media_image9.png
Greyscale
The compounds glycerol dimethacrylate, 3-acryloyloxy-2-hydroxypropyl methacrylate, and bisphenol A glycerolate diacrylate contain two (meth)acrylate groups as the plurality of additional functional group. It is unclear whether these react with functional groups of exemplary XNBR latex under the conditions presented in the working example.
The compound glycerol 1,3-diglycerolate diacrylate contains a central hydroxyl group and two diacrylate groups as the plurality of additional functional group. One envisions reaction of the central hydroxyl group with free carboxyl groups of the XNBR latex, but it is unclear that acrylate groups react with functional groups of the XNBR latex under the conditions presented in the working example.
The compound levulinic acid methacrylate contains a single methacrylate group and a carbonyl group as the plurality of additional functional group. It is unclear whether these groups react with functional groups of the XNBR latex under the conditions presented in the working example.
The compound glyceryl monomethacrylate contains a terminal hydroxyl group and a methacrylate group as the plurality of additional functional group. One envisions reaction of the central hydroxyl group with free carboxyl groups of the XNBR latex, but it is unclear that acrylate groups react with functional groups of the XNBR latex under the conditions presented in the working example.
The fatty acid modified glycidyl methacrylate, CH2=C(CH3)C(O)O-CH2CH(OH)-CH2OC(O)R, contains an acrylate group and an ester functionality derived from the fatty acid as the plurality of additional functional group. It is unclear whether both of these groups react with functional groups of the XNBR latex under the conditions presented in the working example.
The compound 2-hydroxy3-phenoxypropyl (meth)acrylate is the similar to exemplary 2-hydroxy-1-aryloxy-3-methacryloxypropane, discussed above. It is unclear whether the methacrylate group and the phenoxy group react with functional groups of the XNBR latex under the conditions presented in the working example.
The compound eugenyl-2-hydroxypropyl methacrylate contains a methacrylate group, a methoxy group, and an allyl group as the plurality of additional functional group. It is unclear whether all three functional groups react with functional groups of the XNBR latex under the conditions presented in the working example.
Conclusion
Subject of claims is patentably distinct over references cited to date. Claims are not in condition for allowance. For purposes of completing PTO-326, status of claims 2, 4, 6, 7, 10-12, 14-16, and 18-20 are listed as “objected to”.
THIS ACTION IS MADE FINAL. 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 Rip A. Lee whose telephone number is (571)272-1104. The examiner can be reached on Monday through Friday from 9:00 AM - 5:00 PM. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Robert Jones, can be reached at (571)270-7733. The fax phone number for the organization where this application or proceeding is assigned is (571)273-8300.
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/RIP A LEE/Primary Examiner, Art Unit 1762 May 27, 2026
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