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 .
Election/Restrictions
Applicant's election with traverse of Group I (claims 10-9) in the reply filed on 5/18/2026 is acknowledged. The traversal is on the ground(s) that there is no undue burden on the examiner to examiner all of the claims. This is not found persuasive because the basis for the restriction is a “lack of unity” which does not require an undue search burden.
The requirement is still deemed proper and is therefore made FINAL.
Claims 1-15 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected invention, there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on 5/18/2026.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(B) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
Claims 5 and 6 are rejected under 35 U.S.C. 112(b) as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor regards as the invention.
With respect to claim 5, the term “the monomer composition” lacks antecedent basis.
With respect to claim 6, the term “preferably" renders the claim indefinite because it is unclear whether the limitation(s) following the phrase are part of the claimed invention. See MPEP § 2173.05(d).
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(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.
Claims 1-9 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Suddaby (US 6,624,274).
With respect to claims 1, 3, and 9, Suddaby discloses a polymer latex composition formed from by polymerizing olefinically (ethylenically) unsaturated monomers comprising at least one conjugated diene monomer and a chelating monomer having an olefin unsaturation and having structure
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108
196
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where Z is
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62
110
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or
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66
122
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and Y, Y’, and Y’’ are selected from NRR’, OR or R where R and R’ are selected from hydrogen or aliphatic, alicyclic, aromatic, or aromatic groups (col. 11, lines 17-38). Example 1 includes a polymer latex polymerized from butadiene and 3 phr acetoacetoxyethyl methacrylate (col. 6, lines 55-63) which provides for 3 wt % acetoacetoxy monomer.
With respect to claims 2 and 4, Suddaby teaches that the polymer latex composition is crosslinked with a polyvalent metal ion crosslinking agent (col. 12, lines 1-3) such as exemplified zinc oxide (col. 7, line 8).
With respect to claims 5 and 6, Example 1 includes 55 wt % 1,3-butadiene, 39 wt % acrylonitrile, 3 wt % methacrylic acid, and 3 wt % aceetoacetoxyethyl methacrylate (col. 6, lines 55-63).
With respect to claim 7, Example 1 has a pH of 8.5 (col. 7, line 10). Also, Suddaby teaches that the polymer latex composition includes antioxidants or fillers (col. 5, lines 13-15), e.g., Example 7 includes the latex, fillers, and antioxidants (col. 9, lines 30-34).
With respect to claim 8, Suddaby teaches that crosslinking occurs in the absence of sulfur and accelerator cure systems (abstract). Example 1 is not prepared with sulfur.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to VICKEY NERANGIS whose telephone number is (571)272-2701. The examiner can normally be reached 8:30 am - 5:00 pm EST, Monday - Friday.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Joseph Del Sole can be reached at (571)272-1130. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Vickey Nerangis/
Primary Examiner, Art Unit 1763
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