DETAILED ACTION
This office action follows a reply filed on March 18, 2026. Claim 1 has been amended. Claims 1, 5-7, 10 and 17 are currently pending and under examination.
The texts of those sections of Title 35 U.S. Code are not included in this section and can be found in a prior Office action.
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, 5-7, 10 and 17 are rejected under 35 U.S.C. 103 as being unpatentable over Remmers (US 2014/0358100) in view of Juers (US 2015/0037579), as evidenced by ExxonMobil (Vistamaxx Performance Polymer 6202, ExxonMobil, 2020, 2 pages), Clariant (Licocene PP 1602, Clariant, 2014, 1 page), Schwabe (US 2024/0263058) and Wang (US 2017/0204306).
Remmers teaches a hot melt adhesive comprising the following:
15-50 wt% of the first propylene-based polymer (p. 2, [0028]), having a molecular weight of about 30,000 to 75,000, specifically listed to include LICOCENE PP2602, which is a propylene-ethylene copolymer, as evidenced by Clariant (p. 1), and has a Mw of 30,000 g/mol and an enthalpy of fusion (also known as melt enthalpy) of 38 J/g, as evidenced by Schwabe (p. 5, Table 1) and meets applicants’ first polymer;
3-20 wt% of the second propylene-based polymer (p. 2, [0029]), having a molecular weight of 150,000 to 250,000, specifically listed to include VISTAMAXX 6202 (p. 2, [0021]-[0030]), which is a propylene-ethylene copolymer, as evidenced by ExxonMobil (p. 1), and has a Mw of 144,700 g/mol and a melt enthalpy of 11.4 J/g, as evidenced by Wang (p. 16, [0119]);
2-20 wt% of the third polymer, hydrogenated styrene block copolymer (p. 3, [0034]), such as styrene-ethylene/butylene-styrene block copolymer (SEBS), (p. 2, [0031]-[0034];
1-10 wt% wax, specifically listed to include Fisher Tropsch wax (p. 3, [0041]).;
5-60 wt% tackifying agent (p. 3, [0040]); and
5-30 wt% plasticizer (p. 3, [0037]).
Remmers teaches the hydrogenated block styrene copolymers to include the KRATON G series, including Kraton G1645 and Kraton G1657 (pp. 2-3, [0033]-[0033]); however, does not teach or suggest a SEBS copolymer with the claimed properties.
Juers teaches a hot melt adhesive comprising an olefin polymer, block copolymer, which includes SEBS (p. 4, [0055]), teaching Kraton 1657 and 1726 as functional equivalents as hydrogenated styrene based block copolymers in hot melt adhesive compositions (p. 4, [0056]), or in other words, either can be used and still meet the desired function of such. Kraton 1726 is described by the instant specification that it is a suitable styrene block copolymer for use in the invention. See instant specification, p. 12, ll. 4-5.
Therefore, it would have been obvious to one of ordinary skill in the art at the time the invention was filed to have substituted the Kraton 1657 for Kraton 1726, as Remmers does not particularly limit the hydrogenated styrene based block copolymers, and Juers teaches that Kraton 1726 is a functionally equivalent styrene block copolymer for use in hot melt adhesives to the Kraton 1657 exemplified by Remmers, as Remmers does not particularly limit the block copolymer that could be used.
Remmers in view of Juers is prima facie obvious over instant claims 1 and 6-7.
The ranges of each component overlap with the claimed ranges of instant claims 5 and 17, and it has been held that overlapping ranges are sufficient to establish prima facie obviousness. See MPEP 2144.05.
Therefore, it would have been obvious to one of ordinary skill in the art at the time the invention was made to have selected from the overlapping portion of the range taught by the reference because overlapping ranges have been held to establish prima facie obviousness.
As to claim 10, Remmers teaches the viscosity as less than 10,000 cps when tested around 150°C. This is much less than the claimed 40,000 cP and 150°C is around 177°C. Therefore, the viscosity of the compositions taught by Remmers would be expected to be less than 40,000 cP at 177°C.
Response to Arguments
Applicant's arguments filed March 18, 2026 have been fully considered but they are not persuasive.
Applicants argue that no hydrogenated styrene block copolymers is used in the examples.
The examiner agrees; however, please consider the following:
MPEP 2123 [R-5] Rejection Over Prior Art’s Broad Disclosure Instead of Preferred Embodiments
A reference may be relied upon for all that it would have reasonably suggested to one having ordinary skill the art, including nonpreferred embodiments.
Applicants argue that none of the other choices for the first polymer (i.e. Licocene PP1602 or L-MODU polymers) meet the claimed limitations of enthalpy and molecular weight, further arguing that Licocene PP2602 is not used in the examples, and there is no further guidance to choose applicants first propylene copolymer with the claimed enthalpy and molecular weight.
While the examiner agrees, Remmers specifically discloses that Licocene PP2602 is a suitable first polymer and Vistamaxx 6202 is a suitable second polymer; therefore, choosing a combination of such is well within the teachings of Remmers and meets the claimed properties. Applicants have not shown the importance of the combination of the claimed enthalpies and/or molecular weights when used in a hot melt adhesive.
Applicants argue that Juers does not teach Kraton 1657 and Kraton 1726 as functional equivalents.
See MPEP 2144.06 Art Recognized Equivalence for the Same Purpose. II. Substituting Equivalents Known for the Same Purpose
Both Kraton 1657 and Kraton 1726 are SEBS copolymers and are both suitable for use in hot melt, pressure sensitive adhesives, in combination with polypropylene, as shown by Juers.
EP 411191 shows that they are both suitable for improving adhesion of propylene based adhesives to polyolefins, where Remmers teaches the adhesive is applied to or incorporated with a variety of substrates within the disposable absorbent article including polyolefin films (p. 4, [0045]). Therefore, it can be seen that they both function similarly (functionally equivalent) in polypropylene hot melt pressure sensitive adhesives. EP 285430 also shows that Kraton G1657 or Kraton G1726 can be used as a styrene-based elastomer in polypropylene containing hot melt adhesives.
Applicants have not shown the importance of using the claimed SEBS in place of that suggested by Remmers.
Conclusion
THIS ACTION IS MADE FINAL. 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 BRIEANN R JOHNSTON whose telephone number is (571)270-7344. The examiner can normally be reached Monday-Friday, 8:00 AM - 4:00 PM EST.
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/Brieann R Johnston/Primary Examiner, Art Unit 1766
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