Prosecution Insights
Last updated: April 19, 2026
Application No. 18/550,697

UV CURABLE ADHESIVE COMPOSITION AND ARTICLES

Non-Final OA §102§103§112
Filed
Sep 15, 2023
Examiner
PEPITONE, MICHAEL F
Art Unit
1767
Tech Center
1700 — Chemical & Materials Engineering
Assignee
3M Company
OA Round
1 (Non-Final)
74%
Grant Probability
Favorable
1-2
OA Rounds
3y 2m
To Grant
96%
With Interview

Examiner Intelligence

Grants 74% — above average
74%
Career Allow Rate
865 granted / 1165 resolved
+9.2% vs TC avg
Strong +22% interview lift
Without
With
+22.2%
Interview Lift
resolved cases with interview
Typical timeline
3y 2m
Avg Prosecution
52 currently pending
Career history
1217
Total Applications
across all art units

Statute-Specific Performance

§101
0.2%
-39.8% vs TC avg
§103
40.9%
+0.9% vs TC avg
§102
24.8%
-15.2% vs TC avg
§112
19.8%
-20.2% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1165 resolved cases

Office Action

§102 §103 §112
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. Claim Objections Claim 5 is objected to because of the following informalities: “wherein liquid” should be “ wherein the liquid ”. Appropriate correction is required. Claim 1 5 is objected to because of the following informalities: “ according to any one of ” should be “according to”. Appropriate correction is required. 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. The following is a quotation of 35 U.S.C. 112 (pre-AIA), second paragraph: The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention. Claim 9 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention. A broad range or limitation together with a narrow range or limitation that falls within the broad range or limitation (in the same claim) may be considered indefinite if the resulting claim does not clearly set forth the metes and bounds of the patent protection desired. See MPEP § 2173.05(c). In the present instance, claim 9 recites the broad recitation a glass transition temperature of no greater than 20 o C, and the claim also recites no greater than 15, 10, 5, or 0 o C which is the narrower statement of the range/limitation. The claim(s) are considered indefinite because there is a question or doubt as to whether the feature introduced by such narrower language is (a) merely exemplary of the remainder of the claim, and therefore not required, or (b) a required feature of the claims. 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. 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. Claim(s) 1- 2, 4-8 and 12-1 8 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Feichtmeier et al. (US 6,350,791) , when taken with Dumur, F. Eur. Polym. J. 2020 , 139 , 110026 . Regarding claims 1- 2, 4-8 and 12-14 : Feichtmeier et al. (US ‘ 791) discloses adhesive compositions containing photoactivatable curing systems [abstract ; 2:50-3:6 ], wherein Feichtmeier et al. (US ‘791) discloses the photoinitiator include s cationic photoinitiator s such as Irgacure 261 ( η 6 -(1-methyletyhl)phenyl( η 5 -c yclopentadienyl) iron hexafluorophosphate ) [8:4-9:8] and radical photoinitiator s such as Irgacure 651 [10:62-67] . Feichtmeier et al. (US ‘791) discloses Example 1 [Ex. 1; 18:49-20:13; Table, Ex. 1] contains 34.13 wt% n -butyl acrylate, 7.49 wt% N-vinyl caprolactam, 2.77 wt% hydroxy PhPA (hydroxyphenoxypropylacrylate [Table 1]), 24.14 wt% D.E.R. 331 (liquid bisphenol A based epoxy resin [Table 1]), 9.57 wt% D.E.R. 671 ( solid bisphenol A based epoxy resin [Table 1]), 7.08 wt% 445006 (core/shell polymer; silicone core with polymethylmethacrylate shell [Table 1]), 2.77 wt% aluminum trihydroxide, 0.1 wt % Irgacure 261 {note: Irgacure 261 exchanged for Irgacure 651 as the photoinitiator in Ex. 1 [ 8:4-9:8 ; 10:62-67 ]; see MPEP 2131.02}, 0.04 wt% Irganox 1010, 1.79 wt% DICY, and 0.54 wt% 2MZ-A-S {corresponding to 35.1 wt% n -butyl acrylate, 2. 8 wt% hydroxy PhPA, 24. 8 wt% D.E.R. 331, 9. 8 wt% D.E.R. 671, 7. 3 wt% 445006, based on organic component} [Ex. 1; 18:49-20:13; Table, Ex. 1] . Dumur, F. Eur. Polym. J. 2020 , 139 , 110026 provides evidence for Irgacure 261 (η 6 -(1-methyletyhl)phenyl(η 5 -cyclopentadienyl) iron hexafluorophosphate) as an UV photoinitiator [ Scheme 1 ; §2.1; Fig. 8 ]. Regarding claim 1 5 -16 : Feichtmeier et al. (US ‘791) discloses adhesive tapes comprising a release layer in contact with the adhesive [2:30-49; 18:49-56; 19:7-20:3; Ex. 1]. Regarding claim 17-18 : Feichtmeier et al. (US ‘791) discloses the adhesive was applied to steel coupons and bonded to afford a steel coupon/adhesive/steel coupon sandwich [18:1-47; Ex. 1 ; Table 2, Ex. 1 ]. Claim(s) 9 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Feichtmeier et al. (US 6,350,791), when taken with Dumur, F. Eur. Polym. J. 2020 , 139 , 110026 as applied to claim 1 above, when taken with Tobing et al. (US 2025/0243384) . Regarding claim 9 : Feichtmeier et al. (US ‘791) discloses the basic claimed composition [as set forth above with respect to claim 1]; wherein Feichtmeier et al. (US ‘791) discloses n -butyl acrylate (homopolymer T g = -54 o C ) [Ex. 1; 18:49-20:13; Table, Ex. 1] . Tobing et al. (US ‘ 384) provides evidence for discloses n -butyl acrylate homopolymer having a T g = -54 o C [0099]. Claim Rejections - 35 USC § 103 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. This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention. Claim(s) 3 and 10- 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Feichtmeier et al. (US 6,350,791), when taken with Dumur, F. Eur. Polym. J. 2020 , 139 , 110026 as applied to claim 1 above. Regarding claim 3 : Feichtmeier et al. (US ‘791) discloses the basic claimed composition [as set forth above with respect to claim 1]; wherein Feichtmeier et al. (US ‘791) discloses aluminum trihydroxide having an average particle size of le s s than 5 µm [9:55-10:2] . In the case where the claimed ranges “overlap or lie inside ranges disclosed by the prior art” a prima facie case of obviousness exists. In re Wertheim , 541 F.2d 257, 191 USPQ 90 (CCPA 1976); In re Woodruff , 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990); In re Geisler , 116 F.3d 1465, 1469-71, 43 USPQ2d 1362, 1365-66 (Fed. Cir. 1997) [See MPEP 2144.05]. Regarding claim 1 0 : Feichtmeier et al. (US ‘791) discloses the basic claimed composition [as set forth above with respect to claim 1]; wherein Feichtmeier et al. (US ‘791) discloses the composition can contain crosslinkable compounds such as 1,6-hexanediol diacrylate {reactive polyacrylate} [6:66-7:3 ]. Feichtmeier et al. (US ‘791) does not specifically disclose Ex. 1 containing 1 ,6-hexanediol diacrylate . However, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have included 1 ,6-hexanediol diacrylate based on the invention of Feichtmeier et al. (US ‘791) , and would have been motivated to do so since Feichtmeier et al. (US ‘791) suggests that the composition can contain 1 ,6-hexanediol diacrylate to decrease the melt-flowability of the adhesive [6:12-17]. Additionally, “It is prima facie obvious to combine two compositions each of which is taught by the prior art to be useful for the same purpose, in order to form a third composition to be used for the very same purpose.... [T]he idea of combining them flows logically from their having been individually taught in the prior art.” In re Kerkhoven , 626 F.2d 846, 850, 205 USPQ 1069, 1072 (CCPA 1980) (citations omitted) [see MPEP 2144.06]. Regarding claim 11 : Feichtmeier et al. (US ‘791) discloses the basic claimed composition [as set forth above with respect to claim 1]; wherein Feichtmeier et al. (US ‘791) discloses 0.1 to 2 wt% of cationic photoinitiator [9:9-15]. In the case where the claimed ranges “overlap or lie inside ranges disclosed by the prior art” a prima facie case of obviousness exists. In re Wertheim , 541 F.2d 257, 191 USPQ 90 (CCPA 1976); In re Woodruff , 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990); In re Geisler , 116 F.3d 1465, 1469-71, 43 USPQ2d 1362, 1365-66 (Fed. Cir. 1997) [See MPEP 2144.05]. See attached form PTO-892. Correspondence Any inquiry concerning this communication or earlier communications from the examiner should be directed to FILLIN "Examiner name" \* MERGEFORMAT MICHAEL F PEPITONE whose telephone number is FILLIN "Phone number" \* MERGEFORMAT (571)270-3299 . The examiner can normally be reached on FILLIN "Work Schedule?" \* MERGEFORMAT 7:00 AM - 3:30 PM . Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, FILLIN "SPE Name?" \* MERGEFORMAT Mark Eashoo can be reached on FILLIN "SPE Phone?" \* MERGEFORMAT 571-272-1197 . The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /MICHAEL F PEPITONE/ Primary Examiner, Art Unit 1767
Read full office action

Prosecution Timeline

Sep 15, 2023
Application Filed
Mar 14, 2026
Non-Final Rejection — §102, §103, §112 (current)

Precedent Cases

Applications granted by this same examiner with similar technology

Patent 12600875
OIL-BASED INK COMPOSITION FOR BALLPOINT PENS AND BALLPOINT PEN EMPLOYING THE SAME
2y 5m to grant Granted Apr 14, 2026
Patent 12595370
POLYMERIZABLE ABSORBERS OF UV AND HIGH ENERGY VISIBLE LIGHT
2y 5m to grant Granted Apr 07, 2026
Patent 12595371
CONTACT LENS WITH IMPROVED VISION BREAK-UP TIME
2y 5m to grant Granted Apr 07, 2026
Patent 12589055
DENTAL COMPOSITION
2y 5m to grant Granted Mar 31, 2026
Patent 12584027
CURABLE ORGANOPOLYSILOXANE COMPOSITION, AND OPTICAL MEMBER FORMED FROM CURED PRODUCT OF SAME
2y 5m to grant Granted Mar 24, 2026
Study what changed to get past this examiner. Based on 5 most recent grants.

AI Strategy Recommendation

Get an AI-powered prosecution strategy using examiner precedents, rejection analysis, and claim mapping.
Powered by AI — typically takes 5-10 seconds

Prosecution Projections

1-2
Expected OA Rounds
74%
Grant Probability
96%
With Interview (+22.2%)
3y 2m
Median Time to Grant
Low
PTA Risk
Based on 1165 resolved cases by this examiner. Grant probability derived from career allow rate.

Sign in with your work email

Enter your email to receive a magic link. No password needed.

Personal email addresses (Gmail, Yahoo, etc.) are not accepted.

Free tier: 3 strategy analyses per month