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 Terminal Disclaimer filed 5/15/2026, with respect to the non-statutory, 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 18/245490 as set forth in paragraph 7 of the action mailed 2/18/2026, have been fully considered and are persuasive. The rejection of claims 1-5 and 10 and claims 11-12 has been withdrawn.
Applicant’s arguments, see the claim amendments and the remarks filed 5/15/2026, with respect to the rejection of claims 1-5 and 8-10 and claims 11-12 over Clay in view of Nakagawa et al. under 35 U.S.C. 103 as set forth in paragraph 5 of the action mailed 2/18/2026, have been fully considered and are persuasive. The rejection of claims 1-5 and 8-12 has been withdrawn.
Applicant’s arguments, see the claim amendments and the remarks filed 5/15/2026, with respect to the rejection of claims 1-7 and 10 and claims 11-12 over Clay in view of Gong et al. under 35 U.S.C. 103 as set forth in paragraph 6 of the action mailed 2/18/2026, have been fully considered and are persuasive. The rejection of claims 1-7 and 10-12 has been withdrawn.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
Claims 1-10 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Regarding claim 1, it is unclear from the claim limitations what is, and what is not, being claimed given that it is unclear what is intended via the limitations of the acrylic dispersion excluding an ethylene-based polymer (as opposed, for example, of the recited acrylic-based monomer subunits excluding ethylene-based monomers). Indeed, the invention as a whole recites the (A) acrylic dispersion and an ethylene-based polymer in the form of the (B) EVA dispersion.
Claims 11-12 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Regarding claim 11, it is unclear from the claim limitations what is, and what is not, being claimed given that it is unclear what is intended via the limitations of the acrylic dispersion excluding an ethylene-based polymer (as opposed, for example, of the recited acrylic-based monomer subunits excluding ethylene-based monomers). Indeed, the invention as a whole recites the (A) acrylic dispersion and an ethylene-based polymer in the form of the (B) EVA dispersion.
Allowable Subject Matter
Claims 1-12 are allowable over the prior art.
The following is a statement of reasons for the indication of allowable subject matter:
The closest prior art reference)s) is(are):
US 2015/0218426 A1 to Clay et al. 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 (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, and minor amounts of copolymerizable monomers such as, inter alia, vinyl acetate. Clay contemplated the use of ethylene monomer as the copolymerizable monomers, but Clay does not require them (exclusion of ethylene-based polymer) (para 0078-0084).
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 Satake, which was included with a previous action); 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 of Kanner, which was included with a previous action). See also the Aldrich Data Sheet (included with a previous 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 -30 ℃) 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%. In addition, the Examiner notes that, while Clay does teach that the compositions of the disclosed invention are directed to heat seal adhesive compositions, said compositions are also conspicuously directed to a variety of uses to include PSAs (para 0038-0043, 0075). See also paragraphs 0033 versus 0035. However, those portions of Clay that disclose an EVA copolymer that is not oxidized as the second polymer (b) as presently recited in at least current claim 1 and current claim 11 appear confined to those embodiments directed to the heat seal adhesives rather than the embodiments directed to PSAs (see para 0026, 0060, 0063, 0077, 0105, 0107-0108, 0120, 0127-0128; and claims 1, 10-11 and 18-19 of para 0205).
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.
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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.
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/FRANK D DUCHENEAUX/Primary Examiner, Art Unit 1788 6/18/2026
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