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 of Group I in the reply filed on 12/29/2025 is acknowledged. Because applicant did not distinctly and specifically point out the supposed errors in the restriction requirement, the election has been treated as an election without traverse (MPEP § 818.01(a)). Claims 7-20 are withdrawn from further consideration as being drawn to a nonelected invention.
Claim Rejections - 35 USC § 102/103
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 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.
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.
Claims 1-6 are rejected under 35 U.S.C. 102(a)(1) as anticipated by JP 2016079373 to Fuji or, in the alternative, under 35 U.S.C. 103 as obvious over JP 2016079373 to Fuji in view of WO2018163900 to Yamatsu and/or JP2017057271 to Ishida.
Claim 1, Fuji discloses a resin composition, comprising: an elastomer; a (meth)acrylic compound; and a thermal polymerization initiator (see entire translation document including [0013], [0016]-[0020] and [0026]-[0028]). In the event that it is shown that the applied prior art does not disclose the claimed embodiment with sufficient specificity, the invention is obvious because Yamatsu and/or Ishida further disclose the claimed constituents.
Claim 2, the (meth)acrylic compound may include alkanediol di(meth)acrylate ([0016]-[0020]).
Claim 3, the (meth)acrylic compound includes a compound represented by the claimed formula ([0016]-[0020] and Formula 1).
Claim 4, the thermal polymerization initiator may include a peroxide ([0027]-[0028]).
Claim 5, Fuji discloses that the peroxide may be a dialkyl peroxide [0027].
Claim 6, the elastomer may include a styrene-based elastomer [0013].
Claims 1-6 are rejected under 35 U.S.C. 102(a)(1) as anticipated by WO2018163900 to Yamatsu or, in the alternative, under 35 U.S.C. 103 as obvious over WO2018163900 to Yamatsu in view of JP 2016079373 to Fuji and/or JP2017057271 to Ishida.
Claim 1, Yamatsu discloses a resin composition, comprising: an elastomer; a (meth)acrylic compound; and a thermal polymerization initiator (see entire translation document including the abstract, [0045] and [0054]-[0110]). In the event that it is shown that the applied prior art does not disclose the claimed embodiment with sufficient specificity, the invention is obvious because Fuji and/or Ishida further discloses the claimed constituents.
Claim 2, the (meth)acrylic compound may include alkanediol di(meth)acrylate [0058].
Claim 3, the (meth)acrylic compound includes a compound represented by the claimed formula ([0060]-[0110] and Formula 1).
Claim 4, the thermal polymerization initiator may include a peroxide [0103].
Claim 5, Yamatsu discloses that the peroxide may be a dialkyl peroxide [0104].
Claim 6, the elastomer may include a styrene-based elastomer [0110].
Claims 1-6 are rejected under 35 U.S.C. 102(a)(1) as anticipated by JP2017057271 to Ishida or, in the alternative, under 35 U.S.C. 103 as obvious over JP2017057271 to Ishida in view of JP 2016079373 to Fuji and/or WO2018163900 to Yamatsu.
Claim 1, Ishida discloses a resin composition, comprising: an elastomer; a (meth)acrylic compound; and a thermal polymerization initiator (see entire translation document including the abstract, [0015]-[0046]). In the event that it is shown that the applied prior art does not disclose the claimed embodiment with sufficient specificity, the invention is obvious because Fuji and/or Yamatsu further discloses the claimed constituents.
Claim 2, the (meth)acrylic compound may include alkanediol di(meth)acrylate [0032].
Claim 3, the (meth)acrylic compound includes a compound represented by the claimed formula [0015]-[0046]).
Claim 4, the thermal polymerization initiator may include a peroxide [0037].
Claim 5, the thermal polymerization initiator may include dialkyl peroxide [0037].
Claim 6, the elastomer may include a styrene-based elastomer ([0045]-[0046]).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANDREW T PIZIALI whose telephone number is (571)272-1541. The examiner can normally be reached Monday-Thursday 7am-5pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Marla McConnell can be reached at 571-270-7692. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ANDREW T PIZIALI/Primary Examiner, Art Unit 1789
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