DETAILED ACTION
Examiner’s Note
The Examiner respectfully apologizes and notes that a prior art rejection, while intended, was absent in the previous action for reason(s) unknown to the Examiner. Thus, given that the current action includes the prior art rejection(s) set forth below, the current action is made non-final.
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 12/3/2025, with respect to the rejections of claims 1-10 and claims 11-12 under 35 U.S.C. 112 (b) as set forth in paragraphs of the action mailed, have been fully considered and are persuasive. The rejections of claims 1-10 and 11-12 have been withdrawn.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 § 103
Claim(s) 1-5 and 8-10 and claims 11-12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Clay et al. (US 2015/0218426 A1) in view of Nakagawa et al. (US 2019/0375965 A1), and in light of the evidence provided by Satake et al. (US 5814685), Kanner et al. (US 7070051 B2) and the Aldrich Data Sheet.
Regarding claims 1-5 and 11-12, Clay teaches pressure-sensitive adhesives (PSA) (para 0033) comprising an aqueous dispersion of components (a) and (b) (water-based PSA) (para 0046) having D50 particles sizes of, inter alia, 100 to 500 nm (i.e., 0.1 to 0.5 microns, current claim 5) (para 0047) and surfactants (para 0048) and dispersing agents (dispersants) (para 0071), which said components (a) and (b) respectively comprise a first polymer and a second polymer (para 0050). The first polymer is an acrylic polymer ((A) acrylic dispersion comprising particles of an acrylic-based polymer) and the second polymer comprises an ethylene vinyl acetate copolymer(s) (EVA) ((B) EVA dispersion of particles of an EVA copolymer) (para 0063).
While Clay does not specify the presently claimed glass transition temperature (Tg) (less than -20 ℃) for the disclosed acrylic polymer of the first polymer, Clay does instruct the skilled artisan that said acrylic polymers are those conventionally used in PSA compositions and comprise a majority of alkyl (meth)acrylates such as, inter alia, 2-ethylhexyl acrylate and butyl acrylate (current claim 2), and minor amounts of copolymerizable monomers such as, inter alia, vinyl acetate (vinyl ester, current claim 3) (para 0078-0084).
Clay further teaches that the disclosed compositions were provided on release liners (article, first substrate, current claims 11-12) (para 0137).
The Examiner submits that it is established in the art that the Tg of a polymer is proportional to the Tg of its constituent monomers, and their respective proportions, as evidenced via Satake (see column 4, lines 4-19 therein); and that the Tg of PSA compositions, and thus their respective polymeric components, are selected based on considerations of rheological properties (e.g., substrate wetting), tack, peel and cohesion as evidenced via Kanner (see column 8, line 58 to column 9, line 8 therein). See also the Aldrich Data Sheet (included with the current action), which provides Tg values for monomers such as n-butyl acrylate (Tg = -54 ℃), 2-ethylhexyl acrylate (Tg = -50 ℃) and vinyl acetate (Tg = 30 ℃).
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 first acrylic polymer of Clay with the monomeric constituency/proportions towards said acrylic polymer demonstrating the presently claimed Tg value(s) (less than -20 ℃, -80 to -20 ℃, current claim 4) based of the balance of rheological properties, tack, peel and cohesion required of the prior art’s intended application/temperature of use as in the present invention.
Clay is silent to the EVA copolymer having a vinyl acetate content of 10 to less than 50 wt%.
However, Nakagawa teaches aqueous dispersions towards forming adhesive layers and comprising a (C) EVA copolymer (para 0009-0014) comprising the vinyl acetate at 10 to 48 mass % towards improving adhesive strength (para 0112-0114).
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 EVA second polymer(s) of Clay with the presently claimed vinyl acetate monomeric proportions towards improving the adhesion of the resultant PSAs as in the present invention.
Regarding claims 8-9, as noted above, Clay teaches that the PSAs further comprise dispersants, but is silent to the dispersants comprising ling chain fatty acid having 14 to 40 carbon atoms, while Nakagawa teaches emulsifiers such as, inter alia, anionic, nonionic and cationic surfactants such as sodium stearate (fatty acid with 18 carbon atoms) (para 0099-0102, 0150).
Regarding claim 10, Clay teaches that the first acrylic polymer is present at 50 to 99 weight % of the dry weight of the composition; the second polymer is present at 1 to 4 weight % of the dry weight of the composition; and the tackifier is present at 0 to 10 weight % of the dry weight of the composition (para 0114).
Claim(s) 1-5, 6-7 and 10 and claims 11-12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Clay et al. (US 2015/0218426 A1) in view of Gong et al. (US 2005/0042469 A1), and in light of the evidence provided by Satake et al. (US 5814685), Kanner et al. (US 7070051 B2) and the Aldrich Data Sheet.
Regarding claims 1-5 and 11-12, Clay teaches pressure-sensitive adhesives (PSA) (para 0033) comprising an aqueous dispersion of components (a) and (b) (water-based PSA) (para 0046) having D50 particles sizes of, inter alia, 100 to 500 nm (i.e., 0.1 to 0.5 microns, current claim 5) (para 0047) and surfactants (para 0048) and dispersing agents (dispersants) (para 0071), which said components (a) and (b) respectively comprise a first polymer and a second polymer (para 0050). The first polymer is an acrylic polymer ((A) acrylic dispersion comprising particles of an acrylic-based polymer) and the second polymer comprises an ethylene vinyl acetate copolymer(s) (EVA) ((B) EVA dispersion of particles of an EVA copolymer) (para 0063).
While Clay does not specify the presently claimed glass transition temperature (Tg) (less than -20 ℃) for the disclosed acrylic polymer of the first polymer, Clay does instruct the skilled artisan that said acrylic polymers are those conventionally used in PSA compositions and comprise a majority of alkyl (meth)acrylates such as, inter alia, 2-ethylhexyl acrylate and butyl acrylate (current claim 2), and minor amounts of copolymerizable monomers such as, inter alia, vinyl acetate (vinyl ester, current claim 3) (para 0078-0084).
Clay further teaches that the disclosed compositions were provided on release liners (article, first substrate, current claims 11-12) (para 0137).
The Examiner submits that it is established in the art that the Tg of a polymer is proportional to the Tg of its constituent monomers, and their respective proportions, as evidenced via Satake (see column 4, lines 4-19 therein); and that the Tg of PSA compositions, and thus their respective polymeric components, are selected based on considerations of rheological properties (e.g., substrate wetting), tack, peel and cohesion as evidenced via Kanner (see column 8, line 58 to column 9, line 8 therein). See also the Aldrich Data Sheet (included with the current action), which provides Tg values for monomers such as n-butyl acrylate (Tg = -54 ℃), 2-ethylhexyl acrylate (Tg = -50 ℃) and vinyl acetate (Tg = 30 ℃).
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 first acrylic polymer of Clay with the monomeric constituency/proportions towards said acrylic polymer demonstrating the presently claimed Tg value(s) (less than -20 ℃, -80 to -20 ℃, current claim 4) based of the balance of rheological properties, tack, peel and cohesion required of the prior art’s intended application/temperature of use as in the present invention.
Clay is silent to the EVA copolymer having a vinyl acetate content of 10 to less than 50 wt%.
However, Gong teaches adhesives comprising ethylene-2-ethylhexyl acrylate (EEHA) copolymers (para 0014) and at least one other ethylene copolymer such as, inter alia, ethylene vinyl acetate copolymers with the vinyl acetate (i.e., the polar monomer) present at 15 to 45 wt% (para
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 EVA second copolymer of Clay with the presently claimed proportions of the polar vinyl acetate monomer based on the polarity required of the EVA copolymer, and the resultant aqueous PSA composition, required of the prior art’s intended application as in the present invention.
Regarding claims 6-7, Gong teaches that exemplary EVA copolymers include, inter alia, ELVAX 210 and ELVAX 410 (para 0023), which is identical to that presently disclosed (see Table 1B therein) as enabling the presently claimed melt index, density, melting point (TM) and Vicat softening point.
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.).
Regarding claim 10, Clay teaches that the first acrylic polymer is present at 50 to 99 weight % of the dry weight of the composition; the second polymer is present at 1 to 4 weight % of the dry weight of the composition; and the tackifier is present at 0 to 10 weight % of the dry weight of the composition (para 0114).
Double Patenting
Claim(s) 1-5 and 10 and claims 11-12 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claim(s) 1-7 and 12-13 and claims 14-15 of copending Application No. 18/245490.
Although the claims at issue are not identical, they are not patentably distinct from each other because the claims of the copending teach all the limitations of the presently claimed invention except that current claim 1 requires EVA particles having 10 to 50 wt% of vinyl acetate, while claim 5 and claims 6-7, respectively teach the particle limitation and the 10 to 50 wt% proportions of current claim 1.
However, it would have been obvious to one skilled in the art that the claimed invention of the copending provides for the EVA dispersion to demonstrate both particulate structure and the vinyl acetate proportions presently claimed, and thereby arrive at the presently claimed invention from the claims of the copending.
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, see the remarks filed 12/3/2025, with respect to the nonstatutory double-patenting rejection of claims 1-5 and 10 and claims 11-12 over claims 1-7 and 12-13 and claims 14-15 of copending Application No. 18/245490 as set forth in paragraph 10 of the action mailed 9-10-2025, have been fully considered but they are not persuasive.
The Applicant is respectfully reminded that the “comprising” language recited for the (B) EVA dispersion allows for the inclusion of elements/limitations not specifically recited in the claim, and thus the ethylene acid copolymer of the copending does not disqualify from the DP rejections as set forth in the previous action. Therefore, the rejection is maintained and repeated above. See, for example, MPEP 2111.03(I).
Conclusion
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.
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/FRANK D DUCHENEAUX/Primary Examiner, Art Unit 1788 2/13/2026