DETAILED ACTION
Applicant’s amendment dated 28 January 2026 is hereby acknowledged. Claims 4-14 as amended are pending. All outstanding objections and rejections made in the previous Office Action, and not repeated below, are hereby withdrawn.
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior office action.
New grounds of rejection set forth below are necessitated by applicant’s amendment filed on 28 January 2026. For this reason, the present action is properly made final.
Claim Rejections - 35 USC § 103
Claim(s) 4-14 are rejected under 35 U.S.C. 103 as being unpatentable over US 2018/0002520 (“Inoubli”) in view of US 4,593,081 (“Bobsein”).
As to claim 8, Inoubli teaches a polymer composition containing a multistage polymer (abstract), specifically core shell particles (para. 0071), with a polymer P1. The polymer P1 is (meth)acrylic polymer (abstract) containing alkyl (meth)acrylates (para. 0112).
While the number average molecular weight is not exemplified, Inoubli teaches the (meth)acrylic polymer P1 has a mass average molecular weight between 2000 and 100000 g/mol (para. 0127). While not exemplified at that recited Mn, Inoubli teaches forming the (meth)acrylic polymer in the presence of chain transfer agents (see paras. 0210-0211, teaching polymerization in the presence of n-0octyl mercaptan).
Inoubli does not discuss Mn below 1750 g/mol. However, Bobsein teaches oligomeric (metha)acrylates in the same weight average molecular weight as those taught by Inoubli formed using chain transfer agents, and teaches the same have polydispersity such as to have Mn in the recited range (see tables, showing numerous examples having Mw of over 2000 with Mn below 1750). As such, given the means for preparing such oligomers, providing oligomers with Mn below 1750 is obvious given the teachings of Bobsein for forming oligomers using chain transfer agents.
As to claims 4 and 5, while Inoubli does not discuss a degree of polymerization, Inoubli does suggest Mn at 2000 or below, and further discusses that the polymer may be up to 100 % methyl methacrylate (para. 0113), in combination with higher alkyl acrylate monomers. Given the molecular weight of methyl methacrylate, Inoubli in view of Bobsein suggests oligomers with degree of polymerization calculated as below 20.
As to claim 6, while not exemplified, Inoubli recommends the use of C1 to C8 alkyl acrylates, which includes the recited species, specifically suggesting butyl acrylate (para. 0113), and therefore the use of the recited monomers is an obvious modification suggested by Inoubli.
As to claim 7, Inoubli teaches a chain transfer agent (paras. 0210-0211), but not the recited chain transfer agent. Bobsein teaches numerous chain transfer agents for emulsion polymerization of polymers with molecular weight control, and teaches the recited types (4:1-15), exemplified by Table III for preparing acrylate polymers of Mw greater than 2000 with Mn in the recited range. The recited chain transfer agents are obvous as suggested by Bobsein for providing controlled weight polymers.
As to claim 9, Inoubli teaches a combination of the (meth)acrylic polymer, that may be an oligomer, and the multistage polymer having a preferred amount of 5 to 99 % of the multistage (multilayer) polymer (para. 0141). Conversely, this suggests the presence of a (meth)acrylic oligomer preferably ranges from 1 to 95 wt % as a total of these two components, which substantially completely overlaps the recited range. As such, the use of the recited oligomer in that range is an obvious modification suggested by Inoubli.
As to claim 10, Inoubli does not exemplify methacrylate butadiene styrene core shell polymer. However, Inoubli teaches the shell B1 is preferably a methyl (meth)acrylate based polymer (para. 0098), and that the core is a rubbery polymer including copolymers of butadiene with styrene (para. 0093), and thus methacrylate butadiene styrene core shell polymers are an obvious modification suggested by Inoubli.
As to claim 11, Inoubli teaches forming a powder from the two polymers (paras. 0137-0138).
As to claim 12, Inoubli teaches combining the powder with a second polymer (paras. 0158-0163), that may be a thermoplastic or thermosetting resin (para. 0166), preferably epoxy (paras. 0167-0168), and as such, the use of the composition of Inoubli in combination with an epoxy is obvious as a preferred end use.
As to claim 13, Inoubli teaches a combination of the (meth)acrylic polymer, that may be an oligomer, and the multistage polymer having a preferred amount of 5 to 99 % of the multistage (multilayer) polymer (para. 0141). Conversely, this suggests the presence of a (meth)acrylic oligomer preferably ranges from 1 to 95 wt % as a total of these two components, which includes the recited range. Also, while not exemplified with the recited Mn, Inoubli exemplifies compositions having the recited ratio of (meth)acrylic polymer to the total of (meth)acrylic polymer and multistage polymer (paras. 0205, 0211, 0213, calculated as approximately 25 % by weight). As such, the use of the recited oligomer in that range is an obvious modification suggested by Inoubli.
As to claim 14, while not exemplified at the recited Mn, Inoubli teaches mixing the composition with an epoxy resin with improved dispersion (para. 0213-0215, compared to para. 0209). Inoubli generally teaches that the method is used for dispersion of multistage polymer in epoxy (para. 0038).
Double Patenting
Claims 4-14 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 8, 9, 11-13, and 17-19 of copending Application No. 18/031,273.
Copending claim 8 recites a composition of a multilayer polymer and an oligomer prepared from alkyl (meth)acrylate monomer in the presence of a chain transfer agent, having a Mn of less than 10000, which includes the recited range of less than 1750 g/mol. As such, the composition of claim 1 is an obvious modification of the range recited by copending claim 8. Copending claim 8 also recites the methacrylate butadiene styrene core shell polymer required by claim 10, and that the composition is a powder as required by claim 11. Copending claim 9 recites the amount of oligomer required by claim 9. Copending claim 11 recites the resin composition limitations required by claim 12. Copending claim 12 recites the oligomer amount required by claim 13. Copending claim 13 recites the process limitations required by claim 14. Copending claim 18 recites the alkyl (meth)acrylate monomers required by by claim 6, and copending claim 19 recites the chain transfer agents required by claim 7.
As to claims 4 and 5, copending claim 17 recites a degree of polymerization of less than 75, which encompasses the ranges recited by claims 4 and 5, and as such, these limitations are an obvious variant on the copending claims.
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
Response to Arguments
Applicant's arguments filed 28 January 2026 have been fully considered but they are not persuasive. The prior rejections have been updated to be unpatentable over Inoubli in view of Bobsein. Bobsein teaches forming low molecular (meth)acrylate oligomers in emulsion using the same chain transfer agents, and teaches such polymers include Mn in the recited range, while having Mw in the range taught by Inoubli. Applicant’s argument of unexpected results arising from the low Mn of the recited oligomer in combination with multilayer polymers is not persuasive, as the evidence is not commensurate in scope with the claims, which are broadly recited as to (meth)acrylate oligomers and multilayer polymers. In particular, examiner has not found any comparative example in the specification showing the advantage of the oligomer of the recited Mn over heavier polymers.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 KREGG T BROOKS whose telephone number is (313)446-4888. The examiner can normally be reached Monday to Friday 9 am to 5:30 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Arrie Reuther can be reached at (571)270-7026. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/KREGG T BROOKS/Primary Examiner, Art Unit 1764
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