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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 12/2/2025 has been entered.
Claim Rejections - 35 USC § 102
Claim(s) 1, 5-7, 9-11, and 19-21 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Aydin et al. (US 4,980,404).
Regarding claim 1:
Aydin discloses adhesives comprising (A) an aqueous dispersion of a carboxyl-containing polyacrylate copolymer, and (B) an organic polyamino compound (abstract; 1:8+; 1:52+).The ratio of copolymer (A) to polyamino compound (B) is 100:0.01 to 100:3 (2:40+). The copolymer comprises (a) 50-98.5% by weight of (meth)acrylate, and (b) 0.5-4% by weight of an unsaturated carboxylic acid (2:8+). Suitable (meth)acrylates include methyl acrylate, ethyl acrylate, etc. (2:47+). Suitable unsaturated carboxylic acids include acrylic acid, methacrylic acid, and itaconic acid (2:52+).
In addition to these general teachings, Aydin discloses several examples falling within the scope of the present claims. For instance, Example 1 uses 99% of Dispersion 1 and 1% of a polyamino compound, wherein Dispersion 1 comprises a copolymer comprising 99% of a combination of butyl acrylate, vinyl acetate, acrylonitrile, and hydroxyethyl acrylate, and 1% of acrylic acid (4:1-5:28). Additionally, Example 15 uses 99.8% of Dispersion 7 and 0.2% of a polyamino compound, wherein Dispersion 7 comprises 97% butyl acrylate and 3% acrylic acid (4:1+; 5:58-6:39). These are not the only Examples falling within the scope of the present claims. See columns 4 through 7.
Regarding claim 5:
Aydin discloses acrylic acid and methacrylic acid (2:52+).
Regarding claim 6:
Aydin teaches a glass transition temperature of up to 40°C (2:32+). The examiner submits those prior art polymers made from monomers as presently claimed would inherently have a glass transition temperature within the claimed range.
Regarding claim 7:
Aydin discloses Comparative Experiment (b), which uses the Dispersion of Example 1 and 1,2-diaminopropane (4:50-5:28).
Regarding claim 9:
Aydin teaches the ratio of copolymer (A) to polyamino compound (B) is 100:0.01 to 100:3 (2:40+). Examples, noted above, use amounts within the claimed range.
Regarding claim 10:
Aydin teaches the adhesive bonds materials together, i.e., laminates (3:63+).
Regarding claim 11:
Aydin teaches mixing (blending) the components (4:53+; 5:29+; 5:59+).
Regarding claims 19-21:
Although Aydin discloses additional resins, etc. may be used in the compositions of its invention (3:55+), such additional components are not required. Aydin only requires the dispersion (A) and the polyamino compound (B) (i.e., 100 wt%).
Claim Rejections - 35 USC § 103
Claim(s) 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Aydin et al. (US 4,980,404).
Regarding claim 6:
Aydin teaches a glass transition temperature of up to 40°C (2:32+). As set forth in MPEP 2144.05, in the case where the claimed range “overlap or lie inside ranges disclosed by the prior art”, a prima facie case of obviousness exists, In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990). Before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art to vary the glass transition temperature of the polymer, including over values within the claimed range, to provide the properties desired for a given end use.
Allowable Subject Matter
Claims 8 and 13-18 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter:
Dames et al. (EP 0950698; citing the machine translation of EP ‘698 mailed 3/13/2025) disclose an aqueous composition comprising (A) a dispersed polymer P1 and (B) a crosslinking agent [abstract; 0001; 0010; 0035]. The polymer comprises 0.1-20% of at least one anhydride monomer M1, 80-99.9% of at least one hydrophobic monomer M2, and 0-19.9% of a highly water-soluble monomer M3, wherein percentages are by weight relative to the total amount of monomers [0010]. The preferred amount of monomer M2 is 90-99.5% by weight [0012].
Monomer M1 comprises anhydrides of monoethylenically unsaturated monocarboxylic acids, such as (meth)acrylic anhydride and itaconic anhydride [0010-0011]. Monomer M2 comprises esters of (meth)acrylic acid (such as methyl acrylate), styrene, and/or vinyl compounds (such as vinyl acetate) [0012-0014]. Monomer M3 comprises unsaturated mono- and dicarboxylic acids, such as (meth)acrylic acid, itaconic acid, etc. [0015].
The crosslinking agent preferably comprises compounds having at least two amino groups [0037]. The weight ratio of polymer P1 to crosslinking agent is 2000:1 to 5:1, preferably 1000:1 to 20:1 [0060]. This equates to an amount of crosslinking agent in the ranges of 0.05-20%, preferably 0.1-5% by weight relative to the amount of polymer P1.
Dames requires the presence of monomer M1 an anhydride. Present independent claims 1, 10, and 11, however, exclude the presence of any monomer other than the listed (i) “one or more ethylenically unsaturated nonionic monomers” and the listed (ii) “an ethylenically unsaturated acid monomer” because the claim specifies that “A)(i) and A)(ii) amount to 100 weight % of the monomer mixture”. Therefore, the claims do not encompass the polymers of Dames.
Aydin et al. (US 4,980,404) disclose adhesives comprising (A) an aqueous dispersion of a carboxyl-containing polyacrylate copolymer, and (B) an organic polyamino compound (abstract; 1:8+; 1:52+). See above for further description.
Aydin does not disclose ethylene diamine or hexamethylene diamine as required by present claim 8. The reference teaches away from “low molecular weight polyamino compounds”, which would include ethylene diamine or hexamethylene diamine.
Additionally, Aydin discloses up to 10% by weight of styrene (1:63+). Therefore, the reference teaches away from the claimed amount of 20-45% styrene required by present claims 13-18.
Talkowski (US 2007/0037924) discloses an adhesive composition comprising an ethylene acid copolymer and a polyamine [abstract; 0006-0010; 0050]. The copolymer comprises ethylene, 30-75% by weight of an alkyl (meth)acrylate, and 1-15% by weight of a (meth)acrylic acid, wherein the amount of ethylene is the remainder [0006; 0014]. The copolymer can be provided as an aqueous dispersion [0056]. Polyamines include hexamethylene diamine [0032].
Talkowski requires the presence of ethylene monomer. Present independent claims 1, 10, and 11, however, exclude the presence of any monomer other than the listed (i) “one or more ethylenically unsaturated nonionic monomers” and the listed (ii) “an ethylenically unsaturated acid monomer” because the claim specifies that “A)(i) and A)(ii) amount to 100 weight % of the monomer mixture”. Therefore, the claims do not encompass the polymers of Talkowski.
Response to Arguments
Applicant’s arguments with respect to the claims have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
As noted in the Advisory Action mailed 10/29/2025, the previous rejections of claims 13-15 were withdrawn in view of Applicant’s previously submitted arguments.
Regarding rejections over Dames, the examiner agrees with Applicant that the reference requires the presence of an anhydride monomer M1 which is excluded from the amended claims. See the above Allowable Subject Matter for further discussion of the reference.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOHN D FREEMAN whose telephone number is (571)270-3469. The examiner can normally be reached Monday-Friday 11-8PM EST.
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/JOHN D FREEMAN/Primary Examiner, Art Unit 1787