DETAILED ACTION
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 allowance or after an Office action under Ex Parte Quayle, 25 USPQ 74, 453 O.G. 213 (Comm'r Pat. 1935). 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, prosecution in this application has been reopened pursuant to 37 CFR 1.114. Applicant's submission filed on 5/5/2026 has been entered.
Claim Rejections - 35 USC § 112
Claims 1, 4, 7, 9-15, 18 and 19 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.
In claim 1 and upon reconsideration of this claim in the current action, the terms “butyl(acrylate)” and “ethyl(acrylate)” render the claim indefinite as the usage of parenthesis makes it unclear whether these polymers are required to be acrylates or could be something else such as an acrylamide or a methacrylate. This rejection can be overcome by changing the phrases to “butyl acrylate” and “ethyl acrylate”, which is how the claim will be interpreted.
Allowable Subject Matter
Claims 1, 4, 7, 9-15, 18 and 19 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action.
The claims would be allowable for the same reasons set forth in the Notice of allowance mailed 3/18/2026 once this 112(b) rejection has been addressed.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to GERARD T HIGGINS whose telephone number is (571)270-3467. The examiner can normally be reached M-F 9:30-6pm.
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/Gerard Higgins/Primary Examiner, Art Unit 1785
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