DETAILED ACTION
Summary
Applicant’s amendment dated 4 May 2026 is acknowledged. Claims 1 and 3-13 are pending.
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
New grounds of rejection set forth below are necessitated by applicant’s amendment dated 4 May 2026. For this reason, this action is properly made 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 .
Claim Rejections - 35 USC § 103
Claims 1 and 3-9 and 11-13 are rejected under 35 U.S.C. 103 as being unpatentable over OBA (JP-2000319452-A).
Regarding Claim 1, OBA teaches a chloroprene latex obtained from polymerizing chloroprene (Abstract). OBA teaches that a comonomer can be used (Abstract) but teaches examples with only chloroprene monomer ([0029]) which would create a homopolymer.
OBA does not specifically teach an aromatic compound with a chlorine atom and 7-10 carbon atoms in amounts within the recited range, but OBA teaches examples that are very close to those in the instant specification where it is disclosed that the recited aromatic compound (B) is formed as a by-product of emulsion polymerization of the chloroprene (co)polymer (cur spec: [0024] (top of p. 9)). OBA teaches emulsion polymerization ([0021]) at temperatures of 30-55°C ([0021]) while the instant specification discloses polymerization temperatures of 30-55°C (cur spec: [0037]) and that the recited aromatic compound (B) is formed as a byproduct if the temperature above 30°C (cur spec: [0037]). OBA teaches a final polymerization rate of 80-95% ([0022]) while the instant specification discloses that the recited aromatic compound (B) is formed as a byproduct if the polymerization conversion rate is 90% or more (cur spec: [0034]). The instant specification discloses in Example 3 (cur spec: Table 1; [0074] referencing conditions of Example 1 [0058]) where 4-chlorovinylbenzene, 2-methylbenzyl chloride and 3-methylbenzyl chloride are all formed as byproducts of the emulsion polymerization, without adding them. OBA teaches very similar examples for forming homopolymer polychloroprene latex including water, rosin acid, potassium hydroxide, sodium salt of formaldehyde naphthalene sulfonic acid, n-docdecyl mercaptan potassium persulfate initiator ([0029]) which are essentially the same components in similar proportions as those disclosed in the instant examples (cur spec: [0074] referencing conditions of Example 1 [0058]). Since instant example 3 discloses that 4-chlorovinylbenzene, 2-methylbenzyl chloride and 3-methylbenzyl chloride are all formed as byproducts in the recited amounts (cur spec: Table 1), then one would also that the examples of OBA would also inherently produce the recited aromatic compounds as byproducts of its emulsion polymerization. OBA does not exemplify precisely the same polymerization temperature (40°C instead of 45°C) and polymerization rate (90% instead of 95%) as instant example 3 (cur spec: Table 1), but these differences are all within the general teachings of OBA (30-50°C in [0021], and 85-95% in [0022]). It would be obvious to modify the examples of OBA and use the same polymerization temperature and conversion rate as instant example 3 as they are within the range taught by OBA in its specification. This composition would inherently have 4-chlorovinylbenzene, 2-methylbenzyl chloride and 3-methylbenzyl chloride formed as byproducts in amounts within the range recited by the claim.
Regarding Claim 3, modified OBA teaches the invention of Claim 1 where 4-chlorovinylbenzene, 2-methylbenzyl chloride and 3-methylbenzyl chloride are found to be inherently present. These are all disubstituted aromatic compounds (vinyl+chloro, methyl + chloromethyl, and methyl + chloromethyl, respectively.
Regarding Claim 4, modified OBA teaches the invention of Claim 1 where 4-chlorovinylbenzene, 2-methylbenzyl chloride and 3-methylbenzyl chloride are found to be inherently present. These have molecular weights of 138.6 g/mol, 140.6 g/mol and 140.6 g/mol, respectively.
Regarding Claims 5-6, modified OBA teaches the invention of Claim 1 where 4-chlorovinylbenzene, 2-methylbenzyl chloride and 3-methylbenzyl chloride are found to be inherently present.
Regarding Claim 7, modified OBA teaches the invention of Claim 1. OBA teaches examples which are primarily polymerized chloroprene and water ([0029]). OBA teaches enough additives to drop the chloroprene proportion in the solids content down below 99.9 parts per 100 parts. In Example 1, OBA exemplifies 100 parts chloroprene and 5+0.8+0.3+0.3+0.3+0.1 parts of rosin acid, hydroxides, naphthalene sulfonate salt, dodecyl mercaptan and sodium persulfate initiator which calculates to 93.6 parts polychloroprene per 100 parts of the solid content.
Regarding Claim 8, modified OBA teaches the invention of Claim 1. OBA teaches additives that can be added after polymerization, such as metal oxides, antioxidants and vulcanization accelerators ([0026]). OBA does not exemplify these additives but it would be obvious to further modify the examples of OBA and include a metal oxide, an antioxidant and a vulcanization accelerator based on the teachings of the specification.
Regarding Claim 9, modified OBA teaches the invention of Claim 1. OBA teaches that tackifying resins can be added to its chloroprene latex ([0026]) and cites prior art that incorporates tackifying resins into chloroprene latex ([005]). OBA does not exemplify a tackifying resin, but it would be obvious to one of ordinary skill in the art at the time of the effective filing date of the current invention to modify the examples of OBA and include a tackifying resin based on the teachings of the specification.
Regarding Claim 11, modified OBA teaches the invention of Claim 1. OBA teaches forming an adhesive from its chloroprene latex ([0030]). OBA teaches applying its adhesive to two surfaces, putting the two surfaces in contact with each other before the adhesive was dry and then compressing the adhesive layer between the surfaces from 40 mm to 10 mm and holding for 5 seconds. The use of a compression and hold step is interpreted as using the composition as a pressure sensitive adhesive.
Regarding Claim 12, modified OBA teaches the invention of Claim 1. OBA teaches forming an adhesive from its chloroprene latex ([0030]).
Regarding Claim 13, modified OBA teaches the invention of Claim 1. OBA teaches applying the composition as a thin layer to the surfaces of two urethane foam substrates and then compressing them together ([0030]). Application of a thin layer is interpreted as a lamination. This forms the recited adhesive product of two adhesive foam adherends with the chloroprene latex adhesive composition forming the layer in between.
Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over OBA (JP-2000319452-A) in view of REIF (US-20120022213-A1).
Regarding Claim 10, modified OBA teaches the invention of Claim 1 above. OBA teaches use of its composition as an adhesive (Abstract) but OBA does not teach using its polychloroprene latex composition to form dip-formed products. REIF, in an invention of homopolymer and copolymers of chloroprene (Abstract) in the form of an aqueous latex ([0035]) exemplifying 100% chloroprene monomer (Table after [0062]) with up to 95% monomer conversion at temperatures of 46-48°C (Table 1) teaches that its composition may be used as an adhesive ([0056]) or to create dipped goods ([0061]). REIF teaches that its dipped goods are produced by introducing a dipping form into a coating bath containing the polychloroprene latex, removing the form from the bath and then subjecting the latex according to its invention to a vulcanization ([0051]). Vulcanization is a form of curing. REIF teaches that products made from its polychloroprene latex exhibit high thermal stability ([0044]) and low intrinsic odor ([0052]). It would be obvious to one of ordinary skill in the art at the time of the effective filing date of the current invention to modify the invention of OBA with the teachings of REIF and use its polychloroprene latex to form dipped goods using a dipping method following by vulcanization for the purpose of creating dipped goods that have high thermal stability and low intrinsic odor.
Response to Arguments
Applicant’s arguments with respect to Claims 1 and 3-13 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.
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.
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/D.R.F./Examiner, Art Unit 1764
/KREGG T BROOKS/Primary Examiner, Art Unit 1764
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