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 .
Applicant’s election, without traverse, of Group I directed to an adhesive composition claim 1-22 are acknowledged. Accordingly, claims 23-29 are withdrawn from consideration at this time.
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.
Claims 1-6, 8, and 10-15 are rejected under 35 U.S.C. 103 as being unpatentable over Alper et al., U.S. Pre Grant Publication 2011/0021103, as evidenced by Synthomer, Plastolyn 290 Hydrocarbon Resin and as evidenced by Wang et al., CN120504865.
Regarding claims 1, 4, 6, Alper discloses a hot melt adhesive comprising a blend of components including about 5 to 50 weight % of an olefin block copolymer [0030]; 10 to about 70 weight % of a tackifying resin having a softening point from about 95 ºC to about 140 ºC [0031]; about 0% to about 60% by weight of a plasticizer [0033]; about 1% to about 40% by weight of a secondary polymer different from the olefin block copolymer [0036]; and about 0% to about 20% by weight of an aromatic reinforcing resin having a softening point equal to or greater than 115 º. Paragraph 0038 discloses that the secondary polymer can include SEBS [styrene-ethylene/butylene-styrene block copolymer. Paragraph 0059 discloses that high density polyethylene can be used as the secondary polymer. Additionally, paragraphs 0058-0059 disclose mixtures of high density polyethylene and SEBS [styrene-ethylene/butylene-styrene] polymers. Paragraph 0079 discloses that the plasticizer can include mineral oils. Paragraph 0130 discloses Kaydol as white mineral oil. Paragraph 0070 discloses Plastolyn 290 as an aromatic reinforcing resin having a softening point equal to greater than 115 ºC. Synthomer, Plastolyn provides evidence that the Plastolyn has a glass transition temperature of 84 ºC, and a weight average molecular weight of 4760 g/mol. Paragraph 0059 discloses Kraton G1652 or Kraton G1657 which are both SEBS [styrene=ethylene/butylene styrene] polymers. Wang et al. provides evidence that Kraton G1652 has a molecular weight of 120,000 g/mol. Examiner is corresponding Alper’s Plastolyn, aromatic resin, as Applicant’s tackifier. Plastolyn includes a softening temperature of greater than equal to 115 ºC; a glass transition temperature of 84 ºC and a weight average molecular weight of 4760 g/mol all of which read on Applicant’s tackifier. Examiner is corresponding the olefin block copolymer and the high density polyethylene components of Alper as Applicant’s incompatible polymer composition. Alper discloses about 5 to 50 weight % of an olefin block copolymer [0030] and high density polyethylene.
Alper is silent to the olefin block copolymer and the high density polyethylene as an incompatible composition being present in an amount of 5 wt% to 35 wt%. Paragraph 0021 discloses that the hot melt adhesive has high bond strength levels in terms of creep resistance; heat resistance and peel force. One of ordinary skill in the art before the effective filing date of the invention would optimize the composition including olefin block copolymer and high density polyethylene of Alper to 5 wt% to 35 wt% for the benefit of obtaining an adhesive having enhanced bond strength levels in terms of creep resistance; heat resistance and peel force.
Regarding claim 2, Alper is silent to the incompatible composition including greater than 0% to 15 wt% of the high density polymer. Alper does disclose that the composition can include high density polyethylene. [0058-0059]. Paragraph 0057 discloses that the secondary polymer functions to maintain a relatively low viscosity without affecting bond strength of composition. One of ordinary skill in the art before the effective filing date of the invention would optimize the amount of the high density polyethylene to greater than 0% to 15 wt% for the benefit of enhancing the reduction of viscosity of the composition.
Regarding claim 3, Applicant’s claim 1 recites an incompatible polymer composition comprising at least two of a high density polyethylene, a cross-linked ethylene-propylene-diene rubber and an olefin block copolymer. Applicant’s claim 3 depends upon Applicant’s claim 1. Alpers discloses high density polyethylene and olefin block copolymer which satisfies Applicant’s claim 1 and 3.
Regarding claim 5, paragraph 0055 discloses that the hot melt adhesive composition has a melt index of 1 g/10 min to 100 g/10 min.
Regarding claim 8, Alper teaches the claimed invention but fails to teach that the adhesive composition has a percent hysteresis less than or equal to 30%, as measured according to a two cycle 200% stretch test. It is reasonable to presume that the adhesive composition has a percent hysteresis less than or equal to 30%, as measured according to a two cycle 200% stretch test is inherent to Alper. Said presumption is based on Alper’s disclosure of a hot melt adhesive comprising a blend of components including about 5 to 50 weight % of an olefin block copolymer [0030]; 10 to about 70 weight % of a tackifying resin having a softening point from about 95 ºC to about 140 ºC [0031]; about 0% to about 60% by weight of a plasticizer [0033]; about 1% to about 40% by weight of a secondary polymer different from the olefin block copolymer [0036]; and about 0% to about 20% by weight of an aromatic reinforcing resin having a softening point equal to or greater than 115 º. Paragraph 0038 discloses that the secondary polymer can include SEBS [styrene-ethylene/butylene-styrene block copolymer. Paragraph 0059 discloses that high density polyethylene can be used as the secondary polymer. Additionally, paragraph 0059 discloses mixtures of high density polyethylene and SEBS [styrene-ethylene/butylene-styrene] polymers. Paragraph 0079 discloses that the plasticizer can include mineral oils. Paragraph 0130 discloses Kaydol as white mineral oils. Paragraph 0070 discloses Plastolyn 290 as an aromatic reinforcing resin having a softening point equal to greater than 115 ºC. Synthomer, Plastolyn provides evidence that the Plastolyn has a glass transition temperature of 84 ºC, and a weight average molecular weight of 4760 g/mo. Paragraph 0059 discloses Kraton G1652 or Kraton G1657 which are both SEBS [styrene=ethylene/butylene styrene] polymers. Burden is upon Applicant to prove otherwise. Fitzgerald, In re, 619 F.2d 67, 205 USPQ 594 (CCPA 1980).
Regarding claim 9, Alper discloses in paragraph 0109 a non-woven web sprayed with the adhesive thereby forming an adhesive webbing.
Regarding claim 10, a film can be synonymous with the term “layer”. The adhesive in Alper is a layer. Alper is silent to the film having a thickness of 25 microns to 350 microns. This is an optimizable feature. Paragraph 0021 of Alper discloses that the adhesive composition offers improved viscosity stability when stored at elevated temperatures. One of ordinary skill in the art before the effective filing date of the invention would optimize the thickness of the adhesive film [layer] to a range of 25 µm to 350 µm for the benefit of enhanced viscosity stability when stored at elevated temperatures.
Regarding claim 11, Alper discloses that the adhesive can be used with polymeric films. Paragraph 0041 of Alper discloses a laminate including a first layer of nonwoven material, a second layer of film material, and one or a plurality of elastomeric substrates disposed between the first and second layers bonded with the adhesive. Applicant’s claim 11 does not exclude other films different from the adhesive as claimed. Examiner is corresponding Alper’s plurality of elastomeric substrates as the two or more films with the adhesives as claimed.
Regarding claims 12, paragraph 0040 discloses a first nonwoven layer [backing material] and a second nonwoven layer bonded together with the adhesive.
Regarding claim 13, Alper discloses that the adhesive can be used with polymeric films. Paragraph 0041 of Alper discloses a laminate including a first layer of nonwoven material, a second layer of film material, and one or a plurality of elastomeric substrates disposed between the first and second layers bonded with the adhesive. Applicant’s claim 13 is not specific to the release liner. Examiner is corresponding Alper’s one or plurality of elastomeric substrates as Applicant’s release liner.
Regarding claim 14, paragraph 0026 discloses that the adhesive can be coated.
Regarding claim 15, Alper is silent to the width of the film. This is an optimizable feature. Paragraph 0021 of Alper discloses that the adhesive composition offers improved viscosity stability when stored at elevated temperatures. One of ordinary skill in the art before the effective filing date of the invention would optimize the width of the adhesive film [layer] to a range of 5 cm to 40 cm for the benefit of enhanced viscosity stability when stored at elevated temperatures.
Claim 7 is rejected under 35 U.S.C. 103as being unpatentable over Alper et al., U.S. Pre Grant Publication 2011/0021103, as evidenced by Synthomer, Plastolyn 290 Hydrocarbon Resin and as evidenced by Wang et al., CN120504865 and further evidenced by Bai et al., U.S. Pre Grant Publication 2019/0085112.
Alper et al., U.S. Pre Grant Publication 2011/0021103, as evidenced by Synthomer, Plastolyn 290 Hydrocarbon Resin and as evidenced by Wang et al., CN120504865, remains relied upon for claim 1.
Regarding claim 7, Alper is silent to the polydispersity index of the styrene-ethylene/butylene-styrene block copolymer. Alper does discloses that the styrene-ethylene/butylene-styrene is Kraton G1652. Bai is used as evidence to show that Kraton G1652 has a polydispersity index of 1.19 [see Bai – table 1].
Claims 16-17 and 19-21 are rejected under 35 U.S.C. 103 as being unpatentable over Kramer et al., U.S. Pre Grant Publication 2005/0230026 in view of Alper et al., U.S. Pre Grant Publication 2011/0021103, as evidenced by Synthomer, Plastolyn 290 Hydrocarbon Resin and as evidenced by Wang et al., CN120504865.
Regarding claims 16-17, 19 and 21, Kramer discloses a stitchless seam for a garment comprising a first strip of adhesive tape between first and second sheets of fabric. See reference claim 1.
Kramer is silent to the adhesive composition as claimed. Alper discloses a hot melt adhesive comprising a blend of components including about 5 to 50 weight % of an olefin block copolymer [0030]; 10 to about 70 weight % of a tackifying resin having a softening point from about 95 ºC to about 140 ºC [0031]; about 0% to about 60% by weight of a plasticizer [0033]; about 1% to about 40% by weight of a secondary polymer different from the olefin block copolymer [0036]; and about 0% to about 20% by weight of an aromatic reinforcing resin having a softening point equal to or greater than 115 ºC. Paragraph 0038 discloses that the secondary polymer can include SEBS [styrene-ethylene/butylene-styrene block copolymer. Paragraph 0059 discloses that high density polyethylene can be used as the secondary polymer. Additionally, paragraphs 0058-0059 disclose mixtures of high density polyethylene and SEBS [styrene-ethylene/butylene-styrene] polymers. Paragraph 0079 discloses that the plasticizer can include mineral oils. Paragraph 0130 discloses Kaydol as white mineral oils. Paragraph 0070 discloses Plastolyn 290 as an aromatic reinforcing resin having a softening point equal to greater than 115 ºC. Synthomer, Plastolyn provides evidence that the Plastolyn has a glass transition temperature of 84 ºC, and a weight average molecular weight of 4760 g/mo. Paragraph 0059 discloses Kraton G1652 or Kraton G1657 which are both SEBS [styrene=ethylene/butylene styrene] polymers. Wang et al. provides evidence that Kraton G1652 has a molecular weight of 120,000 g/mol. Examiner is corresponding Alpers Plastolyn, aromatic resin, as Applicant’s tackifier. Plastolyn includes a softening temperature of greater than equal to 115 ºC; a glass transition temperature of 84 ºC and a weight average molecular weight of 4760 g/mol all of which read on Applicant’s tackifier. Examiner is corresponding the olefin block copolymer and the high density polyethylene components of Alper as Applicant’s incompatible polymer composition. Alper discloses about 5 to 50 weight % of an olefin block copolymer [0030] and high density polyethylene. Alper discloses that the adhesive composition provides adequate cohesion from the adhesive to withstand mechanical stress at low, ambient or elevated temperature. Paragraph 0026 of Alper discloses the adhesive allowing to bond two or more substrates together. One of ordinary skill in the art would utilize the adhesive composition of Alper as the adhesive composition for the adhesive seam of Kramer for the benefit of enhanced cohesion with the ability to withstand mechanical stress at low, ambient or elevated temperature.
Regarding claim 20, Kramer discloses any fabric material. Alper discloses in paragraph 0026 a nonwoven formed of a polyolefin, polyacrylic or polyester. It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to utilize a nonwoven formed of a polyolefin, polyacrylic or polyester as found in Alper as Kramer discloses any fabric.
Claims 16-18 and 22 are rejected under 35 U.S.C. 103 as being unpatentable over Dawson, Jr. U.S. Patent Number 5,670,577 in view of Alper et al., U.S. Pre Grant Publication 2011/0021103, as evidenced by Synthomer, Plastolyn 290 Hydrocarbon Resin and as evidenced by Wang et al., CN120504865.
Regarding claims 16-18 and 22, Dawson discloses a hot melt adhesive compositions useful for waterproofing stitched seams wherein the adhesive is directly applied to a stitched seam [abstract and column 1, lines 41-47]. Column 2, lines 14-16 of Dawson discloses that the adhesive composition is coated onto any fabric or nonwoven surface [adhesive webbing]. A stitched seam creates a first fabric section and a second fabric section. Dawson discloses that the adhesive composition includes Kraton G1652 copolymer [SEBS copolymer]; Kaydol [white mineral oil]; tackifier [see Table 1 page 4].
Dawson is silent to the adhesive comprising the claimed composition. Alper discloses a hot melt adhesive comprising a blend of components including about 5 to 50 weight % of an olefin block copolymer [0030]; 10 to about 70 weight % of a tackifying resin having a softening point from about 95 ºC to about 140 ºC [0031]; about 0% to about 60% by weight of a plasticizer [0033]; about 1% to about 40% by weight of a secondary polymer different from the olefin block copolymer [0036]; and about 0% to about 20% by weight of an aromatic reinforcing resin having a softening point equal to or greater than 115 º. Paragraph 0038 discloses that the secondary polymer can include SEBS [styrene-ethylene/butylene-styrene block copolymer. Paragraph 0059 discloses that high density polyethylene can be used as the secondary polymer. Additionally, paragraphs 0058-0059 disclose mixtures of high density polyethylene and SEBS [styrene-ethylene/butylene-styrene] polymers. Paragraph 0079 discloses that the plasticizer can include mineral oils. Paragraph 0130 discloses Kaydol as white mineral oils. Paragraph 0070 discloses Plastolyn 290 as an aromatic reinforcing resin having a softening point equal to greater than 115 ºC. Synthomer, Plastolyn provides evidence that the Plastolyn has a glass transition temperature of 84 ºC, and a weight average molecular weight of 4760 g/mo. Paragraph 0059 discloses Kraton G1652 or Kraton G1657 which are both SEBS [styrene=ethylene/butylene styrene] polymers. Wang et al. provides evidence that Kraton G1652 has a molecular weight of 120,000 g/mol. Examiner is corresponding Alpers Plastolyn, aromatic resin, as Applicant’s tackifier. Plastolyn includes a softening temperature of greater than equal to 115 ºC; a glass transition temperature of 84 ºC and a weight average molecular weight of 4760 g/mol all of which read on Applicant’s tackifier. Examiner is corresponding the olefin block copolymer and the high density polyethylene components of Alper as Applicant’s incompatible polymer composition. Alper discloses about 5 to 50 weight % of an olefin block copolymer [0030] and high density polyethylene. Alper is silent to the olefin block copolymer and the high density polyethylene as an incompatible composition being present in an amount of 5 wt% to 35 wt%. Paragraph 0021 discloses that the hot melt adhesive has high bond strength levels in terms of creep resistance; heat resistance and peel force. Paragraph 0026 of Alper discloses the adhesive allows for bonding two or more substrates together. Dawson and Alper are analogous art in that both references disclose bonding substrate that can include nonwovens and fabrics together with an adhesive wherein the adhesive includes SEBS copolymer; white mineral oil and a tackifier. One of ordinary skill in the art before the effective filing date of the invention to utilize the adhesive composition of Alper for the benefit of obtaining enhanced bond strength levels in terms of creep resistance, heat resistance and peel force.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CAMIE S THOMPSON whose telephone number is (571)272-1530. The examiner can normally be reached 8:30 am - 5:30 pm.
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/CAMIE S THOMPSON/Primary Examiner, Art Unit 1786