DETAILED ACTION
Applicant’s arguments/remarks filed 6/29/2026 are found convincing. See below regarding the detailed action of Claims filed on 6/29/2026.
The previous 35 USC 112 rejections of claim(s) 4-6 and 9 are withdrawn in light of Applicant' s amendment and remarks.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-4, 7-8, 12, and 16 is/are rejected under 35 U.S.C. 102(a)(1) and/or (a)(2) as being anticipated over JP2009235304 to Kazuhiro et al. For the purposes of examination, citations for Kazuhiro are taken from a machine translation equivalent of the document obtained from the European Patent Office website in September 2026.
Regarding Claim 1-3, 7, and 12 Kazuhiro teaches a nitrile copolymer latex composition [title] that is used for dip molding products with a uniform film thickness [0082]. Kazuhiro’s latex composition comprises an emulsion polymerized latex particle copolymer (A) [0028] using polymerization initiators [0032] such as paramentane hydroperoxide [0092] wherein the latex copolymer rubber (A) comprises ethylenically unsaturated nitrile monomer units [abstract], conjugated diene units [abstract] and other monomers such as acrylic acid [0026] (reading on component (I) and functional group (I-a)). Kazuhiro additionally teaches a coupling agent is added to a latex composition of nitrile copolymer rubber (A) [0059] that is preferably a silane coupling agent such as bis(3-(triethoxysilyl)propyl) disulfide [0060] which is the preferred silane compound (II) as taught in instant specification [0018] thereby reading on the limitations of compound (II) of claims 1-3.
Regarding Claim 4, Kazuhiro teaches the polymer latex composition of claim 1 wherein the functional group (III) of claim 3 is considered an optional embodiment because claim 3 depends from claim 1, and claim 1 recites a polymer latex composition including a silane compound (II) or a silane compound (III). Kazuhiro teaches the polymer latex composition of claim 1 comprising silane compound (II) [0060]. As such, the limitation of claim 4 is considered to be met because claim 4 is further narrowing an optional embodiment (silane compound (II)) and claim 1 is rejected by a different silane compound (silane compound (II)).
Regarding Claims 7 and 8, Kazuhiro teaches the polymer latex composition of claim 1 wherein the latex of nitrile copolymer rubber (A) comprises 15-89.9 wt% conjugated diene units [0014] (i) that are preferably butadiene [0019]; 10-65 wt% of ethylenically unsaturated nitrile monomer units [0014] (ii) that are preferably methacrylonitrile [0017]; 10% by weight or less other monomers [0025] (iii10) such as methoxyethyl (meth)acrylate [0026]; 30% by weight or less of other monomers [0025] (iv) such as styrene [0026]; and 30% by weight or less of other monomers [0025] (v) such as methyl (meth)acrylate [0026].
Regarding Claim 16, Kazuhiro teaches the polymer latex composition of claim 3, wherein the functional group (IV-b) and the first silane compound (IV) of claim 16 is considered an optional embodiment because claim 16 depends from claim 3, and claim 3 is rejected wherein the silane compound (II) is bis(3-(triethoxysilyl)propyl) disulfide [0060]. As such, the limitation of claim 16 is considered to be met because claim 16 is further narrowing an optional embodiment (silane compound (IV-b) or (IV)) and claim 3 is rejected by a different silane compound (bis(3-(triethoxysilyl)propyl) disulfide).
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim(s) 5-6, and 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over JP2009235304 to Kazuhiro et al., as applied to Claim 1 above.
Regarding Claim 5-6, Kazuhiro teaches the polymer latex composition of claim 1 comprising bis(3-(triethoxysilyl)propyl) disulfide as a coupling agent as set forth above and incorporated herein by reference. Kazuhiro further teaches a combination of silane coupling agents may be used, such as (glycidoxypropyl)trimethoxysilane [0060] that is the same silane compound (V) used in instant specification [0026] thereby reading on silane compound (V) comprising one terminal silane group and (V-b) of claims 5 and 3-Glycidoxypropyltrimethoxysilane of claim 6.
Kazuhiro is silent regarding the mass ratio of silane compound (II) to silane compound (V) is from 100:1 to 1:100.
However, [w]here the general conditions of a claim are disclosed in the prior art, it is not inventive to discover optimum or workable ranges by routine experimentation. In re Aller, 220 F.2d 454, 105, 105 USPQ 233 (CCPA 1955) (MPEP 2144.05) Before the effective filing date of the instantly claimed invention, it would have been obvious to a person of ordinary skill in the art to optimize the amounts of silane coupling agent so that the dispersibility of the white filler is improved [0060]. A prima facie case of obviousness may be rebutted, however, where the results of the optimizing variable, which is known to be result-effective, are unexpectedly good. In re Boesch and Slaney, 617 F.2d 272, 205, 205 USPQ 215 (CCPA 1980) (MPEP 2144.05(II)).
Regarding Claim 9, Kazuhiro teaches the polymer latex composition of claim 6, wherein the
functional group (I-a) are carboxylic acid groups (via acrylic acid [0023]) and the functional group (V-b) are epoxy groups (via (glycidoxypropyl) trimethoxysilane [0060]).
Response to Arguments
Applicant’s arguments, see page 14-15 of Applicant Arguments/Remarks, filed 6/29/2026, with respect to the rejection of claim 1 under 35 U.S.C. 102(a) have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Kazuhiro.
Conclusion
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/DEVIN MITCHELL DARLING/Examiner, Art Unit 1764
/MELISSA A RIOJA/Primary Examiner, Art Unit 1764
