Prosecution Insights
Last updated: October 02, 2026
Application No. 18/187,350

Pressure-sensitive adhesive based on hydrogenated polyvinylaromatic-polydiene block copolymers

Final Rejection §103§112
Filed
Mar 21, 2023
Priority
Mar 31, 2022 — DE 102022107747.0
Examiner
DUCHENEAUX, FRANK D
Art Unit
1788
Tech Center
1700 — Chemical & Materials Engineering
Assignee
Tesa SE
OA Round
5 (Final)
45%
Grant Probability
Moderate
6-7
OA Rounds
0m
Est. Remaining
31%
With Interview

Examiner Intelligence

Grants 45% of resolved cases
45%
Career Allowance Rate
328 granted / 729 resolved
-20.0% vs TC avg
Minimal -14% lift
Without
With
+-13.9%
Interview Lift
resolved cases with interview
Typical timeline
3y 7m
Avg Prosecution
44 currently pending
Career history
783
Total Applications
across all art units

Statute-Specific Performance

§101
0.3%
-39.7% vs TC avg
§103
48.4%
+8.4% vs TC avg
§102
12.8%
-27.2% vs TC avg
§112
32.2%
-7.8% vs TC avg
Black line = Tech Center average estimate • Based on career data from 729 resolved cases

Office Action

§103 §112
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 . Response to Amendment Applicant’s arguments, see the claim amendments and the remarks filed 7/9/2026, with respect to the rejection of claims 1-5, 7-8, 10, 13-14, 16-19 and 22-23 under 35 U.S.C. 112(b) as set forth in paragraph 9 of the action mailed 4/15/2026, have been fully considered and are persuasive. The rejection of claims 1-5, 7-8, 10, 13-14, 16-19 and 22-23 has been withdrawn. Applicant’s arguments, see the claim amendments and the remarks filed 7/9/2026, with respect to the rejection of claim 20 under 35 U.S.C. 112(b) as set forth in paragraphs 10-11 of the action mailed 4/15/2026, have been fully considered and are persuasive. The rejection of claim 20 has been withdrawn. Rejections The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action. Claim Rejections - 35 USC § 112 The following is a quotation of 35 U.S.C. 112(d): (d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers. The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph: Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers. Regarding claim 7, the claim limitations are identical to the amendments of current claim 1 recited for the b) tackifier resin component. Claim Rejections - 35 USC § 103 Claim(s) 1-5, 7-8 and 23, is/are rejected under 35 U.S.C. 103 as being unpatentable over Uchida et al. (JP 2021188051 A) in view of Hatfield et al. (US 2006/0229411 A1) and in further view of Nakayama et al. (US 2013/0244013 A1), and in light of the evidence provided by Holguin et al. (US 6558790 B1). The Examiner notes that citations from the ‘051 reference were taken from machine translations, which was included with the previous action. Regarding claims 1-5, Uchida teaches a PSA tape comprising a substrate and a PSA layer laminated thereon, said PSA layer comprises a tackifier resin and a base polymer comprising hydrogenated block copolymers (elastomer component) comprising at least a styrene monomer block and a conjugated butadiene block (para 0008-0011) such as, inter alia, a styrene-ethylene-butylene-styrene (SEBS) block copolymer (para 0012). The disclosed (SEBS) block copolymer teaches a hydrogenated polyvinylaromatic-polydiene block copolymer having an ABA structure, wherein the styrene blocks provide A = polyvinylaromatic and wherein ethylene-butylene provides B = ethylene and butylene (fully hydrogenated polydiene block). The styrene content of the (SEBS) block copolymer is 30% by weight or less, which overlaps that presently claimed (at least 18 wt%, 20 to 36 wt%, current claim 2), towards a balance of cohesive strength, hardness and high adhesion (para 0013). The molar ratio of the ethylene to the butylene in the (SEBS) block copolymer is 1.0 to 2 towards a balance of alkaline resistance, hardness and adhesion (para 0014). The molecular weight of ethylene is 28 g/mol and that of butylene is 56 g/mol. Thus, the molar ratio of 2 as disclosed in Uchida provides the ethylene in the SEBS block copolymer at 50 wt% based on the EB block, which overlaps that presently claimed. Uchida also teaches that the block copolymer comprises a diblock copolymer (elastomer component) comprising the styrene monomer block and the conjugated butadiene block (polyvinylaromatic-polydiene hydrogenated diblock copolymer A’B’, A’ = A and B’ = B, current claim 4) in an amount of 10 to 90 % by weight, which overlaps that presently claimed (at most 25 wt%, current claim 5), towards increased adhesiveness and maintaining cohesive strength (para 0016). Thus, Uchida provides the (SEBS) block copolymer in a converse amount of 10 to 90 % by weight, which overlaps that presently claimed (at least 60 wt%). 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). It is well settled that where the prior art describes the components of a claimed compound or compositions in concentrations within or overlapping the claimed concentrations a prima facie case of obviousness is established. See In re Harris, 409 F.3d 1339, 1343, 74 USPQ2d 1951, 1953 (Fed. Cir 2005); In re Peterson, 315 F.3d 1325, 1329, 65 USPQ 2d 1379, 1382 (Fed. Cir. 1997); In re Woodruff, 919 F.2d 1575, 1578 16 USPQ2d 1934, 1936-37 (CCPA 1990); In re Malagari, 499 F.2d 1297, 1303, 182 USPQ 549, 553 (CCPA 1974). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the present invention to provide the (SEBS) block copolymer and the diblock copolymer in the presently claimed proportions, and to provide said (SEBS) block copolymer with the presently claimed polyvinylaromatic and ethylene fraction towards the PSA of Uchida demonstrating a balance of increased adhesiveness, cohesive strength, hardness and alkaline resistance as in the present invention. The Examiner notes that, while Uchida teaches that the molecular weight of the base polymers (i.e., the disclosed SEPS block and styrene/conjugated butadiene diblock copolymers) are provided in weight-average molecular weight (Mw) rather than the presently claimed peak molecular weight, Uchida does teach that the block copolymers have an Mw of 50,000 to 600,000 towards compatibility of the block copolymers with other components (para 0017). It is established in the art that the molecular weight of compounds is selected based on the balance of coatability, cohesion and tack required of the compounds contribution to the composition comprising the copolymer as evidenced via Holguin (see column 4, lines 20-24). Indeed, it would have been obvious to one of ordinary skill in the art before the effective filing date of the present invention to select the presently claimed peak molecular weights of the SEPS block copolymer identical to that presently claimed (80 000 to 500 000 g/mol) and the styrene/conjugated butadiene diblock copolymer identical to that presently claimed (less than 100 000 g/mol, current claim 5), based on the balance of coatability, cohesion and tack required of the prior art’s intended application, and towards compatibility with the other PSA components, as in the present invention. Uchida continues to teach that the PSA composition comprises plasticizers, but does not disclose the presently claimed compounds of, inter alia, ethylene/propylene, ethylene/butylene, butylene homopolymers, iso-butylene homopolymers, or butylene/iso-butylene copolymers, and mineral oils, nor their proportions. However, Hatfield teaches hot melt PSAs comprising styrene-butadiene block copolymers, tackifier resin, and at least one plasticizer (para 0004-0010) present at 5 to 25 weight %, which overlaps that presently claimed (at least 2 wt% and not more than 20 wt%) towards adjusting the viscosity and improved wetting. The at least one plasticizer(s) are selected from, inter alia, naphthenic oils (mineral oils), polyisobutylenes (iso-butylene homopolymers) and poly-1-butylenes (butylene homopolymers) (para 0034). Uchida moreover teaches that the PSA layer comprises 0-5 parts by weight or less of tackifiers (T2) and (T3) and 3 to 80 parts by weight of terpene phenol tackifier resin (T1) per 100 parts by weight of the base polymer towards a balance of a suppressed increase in adhesion and adhesive residue; removability; and resistance to alkaline solutions (para 0022, 0027). The softening point of the terpene phenol tackifier resin (T1) is at least 145 ℃ (para 0021), and wherein the terpene portion of the terpene phenol tackifier resin (T1) is hydrogenated (i.e., partially hydrogenated) (para 0018). The Examiner notes that proportions of 100 parts by weight base polymer, 3 to 85 parts by weight for a combination of tackifiers (T1), (T2) and (T3) as taught by Uchida, and 5 to 25 weight % of the plasticizer(s) as taught by Uchida/Hatfield, provides said base polymers in the PSA composition of Uchida/Hatfield in a range which overlaps the presently claimed proportions of the elastomer component a) (38 to 58 wt%, 40 to 55 wt%, current claim 3). The Examiner notes that proportions of the base polymer, the tackifiers (T1), (T2) and (T3), and the plasticizer(s) provides the tackifiers (T1), (T2) and (T3) at a lower limit of approximately 40 wt% of the PSA, which overlaps that presently claimed (35 to 60 wt%). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the present invention to provide the PSA composition of the cited prior art with the block copolymers, tackifier(s) and the plasticizers in proportions identical to that of the recited a) elastomer component, b) the tackifier resin component and c) the plasticizer component based on the balance of a suppressed increase in adhesion and adhesive residue; removability; resistance to alkaline solutions; viscosity; tack; and wetting of the PSA composition as required of the prior art’s intended application as in the present invention. As currently amended, and as currently argued by the Applicant (see the remarks filed 7/9/2026), the Examiner acknowledges that Uchida discloses a preferred lower limit of 145 ℃ for the softening point of the terpene phenol resin (T1), which above the upper limit of the presently claimed for at least one of the b) tackifier resin component. However, as set forth in paragraph 0021, Uchida conspicuously discloses that the softening point is not particularly limited, with the 145 ℃ lower limit being preferred. Thus, one skilled in the art would not be dissuaded from employing terpene phenol resins having lower softening points such as that presently claimed. In this spirit, Nakayama teaches a PSA comprising a block copolymer of a mono-vinyl-substituted aromatic compound and a conjugated diene compound (abstract). Nakayama also teaches that the PSA comprises terpen phenol resin(s) having a softening point of 120 ℃ to 200 ℃ (para 0011, 0047-0049), which overlaps that presently claimed (95 to 135 ℃) towards a balance repulsion resistance, peel and adhesive strength (para 0046). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the present invention to provide the PSA composition of the cited prior art with terpene phenol resin tackifier(s) demonstrating the presently recited softening temperature based on the tackifier’s contribution to a balance of resistance to alkaline solutions, heat resistance, repulsion resistance, peel and adhesive strength based on the properties required of the prior art’s intended application as in the present invention. Regarding claim 7, as noted above, Uchida/Hatfield teaches that the PSA layer comprises the tackifiers (T1), (T2) and (T3) in a range which overlaps that presently claimed (35 to 60 wt%). Regarding claim 8, Uchida teaches that the tackifier resin is selected from, inter alia, hydrogenated petroleum resins such as C5/C9 copolymer petroleum resins (para 0023-0026). Regarding claim 23, as noted above, Uchida/Hatfield teaches that the plasticizers are mineral oils. Claim(s) 10 and 22 is/are rejected under 35 U.S.C. 103 as being unpatentable over Uchida et al. (JP 2021188051 A) in view of Hatfield et al. (US 2006/0229411 A1) and in further view of Nakayama et al. (US 2013/0244013 A1) and Pitko (US 2017/0292048 A1), and in light of the evidence provided by Holguin et al. (US 6558790 B1). Regarding claims 10 and 22, Uchida/Hatfield/Nakayama teaches the PSA layer comprising the block copolymers, the tackifier resins and plasticizers as in the rejection of at least current claim 1 set forth above, but does not specify the polyisobutylene and poly-1-butylene plasticizers as a Type 2 butylene/isobutylene copolymer having a Mw of 3,000 to 20,000. It is noted that Hatfield discloses that the preferred molecular weight of the polyisobutylene plasticizers are 600 to 5000, but Hatfield does not discourage one skilled in the art away from molecular weights outside this range (para 0034). However, Pitko teaches PSAs (para 0057) comprising styrene butadiene copolymers and polybutene plasticizers (para 0025) such as hydrogenated styrene butadiene block copolymers (para 0027-0034), which said plasticizers are selected from, inter alia, TER Chemicals such as, inter alia, TE PIB 2600 (para 0049; 0087, Table 2), which is identical to that presently disclosed as providing the presently claimed Type 2 butylene/iso-butylene copolymer having a Mw of 9200 g/mol. The selection of a known material based on its suitability for its intended use supported a prima facie obviousness determination in Sinclair & Carroll Co. v. Interchemical Corp., 325 U.S. 327, 65 USPQ 297 (1945) (Claims to a printing ink comprising a solvent having the vapor pressure characteristics of butyl carbitol so that the ink would not dry at room temperature but would dry quickly upon heating were held invalid over a reference teaching a printing ink made with a different solvent that was nonvolatile at room temperature but highly volatile when heated in view of an article which taught the desired boiling point and vapor pressure characteristics of a solvent for printing inks and a catalog teaching the boiling point and vapor pressure characteristics of butyl carbitol. “Reading a list and selecting a known compound to meet known requirements is no more ingenious than selecting the last piece to put in the last opening in a jig-saw puzzle.” 325 U.S. at 335, 65 USPQ at 301.). Also, it is established in the art that the molecular weight of compounds is selected based on the balance of coatability, cohesion and tack required of the compounds contribution to the composition comprising the copolymer as evidenced via Holguin (see column 4, lines 20-24). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the present invention to employ the presently claimed Type 2 plasticizer for the PSA layer of the cited prior art based on the balance of coatability, cohesion and tack required of the prior art’s intended application, and towards compatibility with the other PSA components, as in the present invention. Claim(s) 13 and 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Uchida et al. (JP 2021188051 A) in view of Hatfield et al. (US 2006/0229411 A1) and in further view of Nakayama et al. (US 2013/0244013 A1). Regarding claims 13 and 17, Uchida/Hatfield/Nakayama teaches the PSA tape (adhesive tape) comprising a substrate (carrier) and a PSA layer laminated thereon as in the rejection of claims 1-5, 7-8 and 23 set forth above. Uchida also teaches that the substrate is, inter alia, polyethylene foam or a polyurethane foam (foam carrier) (para 0030). Claim(s) 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Uchida et al. (JP 2021188051 A) in view of Hatfield et al. (US 2006/0229411 A1) and in further view of Nakayama et al. (US 2013/0244013 A1). Regarding claim 14, Uchida/Hatfield teaches the PSA tape (tape) comprising a substrate and a PSA layer laminated thereon as in the rejection of claims 1-5, 7-8 and 23 set forth above. Uchida also teaches that the substrate is, inter alia, polyethylene foam or a polyurethane foam (foam carrier) (para 0030). Claim(s) 16 and 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Uchida et al. (JP 2021188051 A) in view of Hatfield et al. (US 2006/0229411 A1) and in further view of Nakayama et al. (US 2013/0244013 A1) and Fenske et al. (US 2019/0292416). Regarding claims 16 and 19, Uchida/Hatfield/Nakayama teaches the PSA tape (adhesive tape) comprising a polyethylene foam or a polyurethane foam substrate (foam carrier) and the PSA layer laminated thereon as in the rejection of claims 1-5, 7-8 and 23, and claims 13 and 17, and claim 14 set forth above, but is silent to a component comprising ethylene (co)polymer, propylene (co)polymer, EPR EPM and/or EPDM. However, Fenske teaches an adhesive composition similar to that disclosed in Uchida (para 0001, 0010-0019, 0024, 0026-0028, 0052) and an adhesive tape comprising the adhesive composition on a carrier (para 0073-0074). Fenske further teaches that the tape is then applied to a substrate (a component) such as, inter alia, a polypropylene substrate (para 0084). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the present invention to employ the PSA tape of the coted prior art in the manner as disclosed in Fenske, and thereby arrive at the presently claimed invention from the disclosures of the cited prior art. Claim(s) 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Uchida et al. (JP 2021188051 A) in view of Hatfield et al. (US 2006/0229411 A1) and in further view of Nakayama et al. (US 2013/0244013 A1) and Kopf et al. (US 10717905 B2). Regarding claim 18, Uchida/Hatfield/Nakayama teaches the PSA tape comprising a polyethylene foam or a polyurethane foam substrate (foam carrier) and the PSA layer laminated thereon as in the rejection of claims 1-5, 7-8 and 23, and claims 13 and 17, and claim 14, is silent to the foam substrate being a viscoelastic foamed poly(meth)acrylate carrier. However, Kopf instructs that polyacrylate viscoelastic foam carriers are known for use with synthetic rubber adhesives (column 1, line 52 to column 2, line 3) such as vinyl-aromatic/diene-based adhesives (column 2, line 35 to column 3, line 28). The selection of a known material based on its suitability for its intended use supported a prima facie obviousness determination in Sinclair & Carroll Co. v. Interchemical Corp., 325 U.S. 327, 65 USPQ 297 (1945) (Claims to a printing ink comprising a solvent having the vapor pressure characteristics of butyl carbitol so that the ink would not dry at room temperature but would dry quickly upon heating were held invalid over a reference teaching a printing ink made with a different solvent that was nonvolatile at room temperature but highly volatile when heated in view of an article which taught the desired boiling point and vapor pressure characteristics of a solvent for printing inks and a catalog teaching the boiling point and vapor pressure characteristics of butyl carbitol. “Reading a list and selecting a known compound to meet known requirements is no more ingenious than selecting the last piece to put in the last opening in a jig-saw puzzle.” 325 U.S. at 335, 65 USPQ at 301.). Case law holds that the mere substitution of an equivalent (something equal in value or meaning, as taught by analogous prior art) is not an act of invention; where equivalency is known to the prior art, the substitution of one equivalent for another is not patentable. See In re Ruff 118 USPQ 343 (CCPA 1958). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the present invention to employ the PSA tape of Uchida/Hatfield comprising the substrate of Kopf, and thereby arrive at the presently claimed invention from the disclosures of the cited prior art. Claim(s) 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Uchida et al. (JP 2021188051 A) in view of Hatfield et al. (US 2006/0229411 A1) and in further view of Nakayama et al. (US 2013/0244013 A1) and Kopf et al. (US 10717905 B2). Regarding claim 20, Uchida/Hatfield/Nakayama/Kopf teaches the PSA tape as in the rejection of claims 1-5, 7-8 and 23, and claims 16 and 18set forth above, which is equally applicable to the current claim. Response to Arguments Applicant’s arguments, see the claim amendments and the remarks filed 7/9/2026, with respect to the rejection of claims 1-5, 7-8 and 23 over Uchida et al. in view of Hatfield under 35 U.S.C. 103; claims 10 and 22 over Uchida et al. in view of Hatfield and in further view of Pitko under 35 U.S.C. 103; claims 13 and 17 over Uchida et al. in view of Hatfield under 35 U.S.C. 103; claim 14 over Uchida et al. in view of Hatfield under 35 U.S.C. 103; claims 16 and 19 over Uchida et al. in view of Hatfield and in further view of Fenske et al. under 35 U.S.C. 103; claim 18 over Uchida et al. in view of Hatfield and in further view of Kopf et al. under 35 U.S.C. 103; and claim 20 over Uchida et al. in view of Hatfield under 35 U.S.C. 103 as set forth in paragraphs 12-18 of the action mailed 4/15/2026, have been fully considered but they are not persuasive. The Applicant’s attention is respectfully directed to the prior art rejections set forth above, wherein it is noted that the cited prior art teaches or renders obvious all the limitations of the presently claimed invention. Indeed, as noted above and contrary to the Applicant’s assertions that Uchida requires the specifically disclosed softening temperature range of greater than 145 ℃, Uchida does not teach away from the claimed invention; but instead only discloses preferred softening temperatures for the terpene phenol resin (T1). The Examiner respectfully reminds the Applicant that, “nonpreferred disclosures can be used. A nonpreferred portion of a reference disclosure is just as significant as the preferred portion in assessing the patentability of claims.” In re Nehrenberg, 280 F.2d 161, 126 USPQ 383 (CCPA 1960). In this spirit, and in consideration of the knowledge available to the skilled artisan as demonstrated via the totality of the cited references, one of ordinary skill in the art would have been apprised as to the advantages of deviating from Uchida’s preferred softening temperature range. Turning now to the Applicant’s second point of contention, the Examiner submits that the elected claims do not require the presence of ethylene/propylene or ethylene/butylene copolymer plasticizers. Current claims 1,10 and 22 also recite butylene/isobutylene plasticizers, which are disclosed in Hatfield/Pitco. The ethylene/propylene or ethylene/butylene copolymer plasticizers are only required of non-elected claim 21. In regards to the Applicant’s assertion that the presently claimed invention demonstrates surprising and unexpected synergistic results, the Applicant is respectfully reminded that, as set forth in MPEP 716.02(d), whether unexpected results are the result of unexpectedly improved results or a property not taught by the prior art, “objective evidence of nonobviousness must be commensurate in scope with the claims which the evidence is offered to support.” In other words, the showing of unexpected results must be reviewed to see if the results occurred over the entire claimed range, In re Clemens, 622 F.2d 1029, 1036, 206 USPQ 289, 296 (CCPA 1980). The Applicant has not provided data to show that the unexpected results do in fact occur over the entire claimed ranges for: At least 38 to 58 wt% of an elastomer component. The data of inventive examples I1-1 to I1-6, I2-1 to I2-4, I3-1 to I3-3 and I4-1 to I4-3 are constrained to 32 to 55 wt%. At least 18 wt% of the polyvinylaromatic fraction. The inventive block copolymers (SEPTON 2004, SEPTON 2004, SEPTON 1020, KRATON G1650, KRATON G1651, KRATON G1654, KRATON G1633, KRATON G1702 and YH-602) demonstrate a PS (i.e., polystyrene) content ranging from 18 to 36 wt%, whereas the claimed amount extends well beyond the upper limit of the data. The claimed hydrogenated polyvinylaromatic-polydiene block copolymer demonstrates recites a peak molecular weight ranging from 80,000 to 500,000 g/mol. The inventive block copolymers (SEPTON 2004, SEPTON 2004, KRATON G1650, KRATON G1651, KRATON G1654, KRATON G1633 and YH-602) demonstrate a peak molecular weight ranging from 89,000 to 365,000 g/mol, whereas the claimed amount extends well beyond the upper limit of the data. No data is given for SEPTON 1020 or KRATON G1702. KRATON G1726, which was employed in inventive examples I1-1 to I1-6 and I3-1 to I3-3 and I4-1 and I4-4, demonstrate a peak molecular weight lower than the claimed limit. Ethylene fraction in the B blocks is at least 50 wt%. The inventive block copolymers listed above do not provide the ethylene fraction. A similar lack of commensuration exists for the presently claimed content of the tackifier resin component (i.e., 35 to 60 wt%), plasticizer component (i.e., 2 to 20 wt%), and softening temperature (i.e., 95 to 135℃). With respect to the Applicant’s fourth point of contention, the Examiner respectfully reiterates that, as noted above, the elected claims do not require ethylene/propylene or ethylene/butylene copolymers as plasticizers even though current claims 1, 10 and 20 do provide for them. Non-elected claim 21 requires the employment of ethylene/propylene or ethylene/butylene copolymers as plasticizers. 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 FRANK D DUCHENEAUX whose telephone number is (571)270-7053. The examiner can normally be reached 8:30 PM - 5:00 PM. 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, Alicia A Chevalier can be reached at 571-272-1490. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /FRANK D DUCHENEAUX/Primary Examiner, Art Unit 1788 8/14/2026
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Prosecution Timeline

Show 4 earlier events
Jun 26, 2025
Final Rejection mailed — §103, §112
Nov 25, 2025
Request for Continued Examination
Nov 28, 2025
Response after Non-Final Action
Dec 23, 2025
Non-Final Rejection mailed — §103, §112
Mar 19, 2026
Response Filed
Apr 15, 2026
Non-Final Rejection mailed — §103, §112
Jul 09, 2026
Response Filed
Aug 18, 2026
Final Rejection mailed — §103, §112 (current)

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Prosecution Projections

6-7
Expected OA Rounds
45%
Grant Probability
31%
With Interview (-13.9%)
3y 7m (~0m remaining)
Median Time to Grant
High
PTA Risk
Based on 729 resolved cases by this examiner. Grant probability derived from career allowance rate.

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