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 preliminary amendment dated 5 February 2024 is acknowledged. Claims 1-12 as amended are pending.
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, 4-7, and 9-12 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 2017/0283599 (“Cha”).
As to claims 1, 2, 4, and 5, Cha teaches a latex, which is a polymer dispersed in solvent, specifically water, an aqueous solvent as required by claim 2. Cha teaches the polymer comprises butadiene (conjugated diene monomer), acrylonitrile (ethylenically unsaturated nitrile monomer), and methacrylic acid (unsaturated acid monomer) (para. 0076). Cha teaches a Tg of the resulting polymer of -16.4 degrees C, in the recited range of claims 1 and 5. Cha teaches a molecular weight of 9.0 kDA, or 9,000 g/mol, in the range of claims 1 and 4. While not characterized as weight average molecular weight; however, since the molecular weight is measured in the same manner as that set forth by applicant in the specification, it is reasonable to presume this measurement is a weight average molecular weight (para. 0084, compare with applicant’s specification, para. 0142).
As to claim 6, Cha teaches a pH of the dispersion of 7.0 (para. 0076).
As to claim 7, Cha teaches formation of a polymer latex by emulsion polymerization (para. 0076) in water, a solvent. Cha teaches the polymer comprises butadiene (conjugated diene monomer), acrylonitrile (ethylenically unsaturated nitrile monomer), and methacrylic acid (unsaturated acid monomer) (para. 0076). Cha teaches a Tg of the resulting polymer of -16.4 degrees C. Cha teaches a molecular weight of 9.0 kDa, or 9,000 g/mol. While not characterized as weight average molecular weight; however, since the molecular weight is measured in the same manner as that set forth by applicant in the specification, it is reasonable to presume this measurement is a weight average molecular weight (para. 0084, compare with applicant’s specification, para. 0142).
As to claim 9, Cha teaches adding ammonia, a pH regulator to obtain a specific pH of 7.0 in the latex, thus a pH regulated latex (para. 0076).
As to claim 10, Cha teaches the use of the latex with a latex B (para. 0086) that is a latex of 1,3-butadiene (conjugated diene), acrylonitrile (ethylenically unsaturated nitrile monomer), and methacrylic acid (ethylenically unsaturated acid monomer) (para. 0082).
As to claim 11, Cha does not state the composition is present in 1 to 15 parts by weight of the composition. However, since the second latex is also a latex of the same monomers, it is the same as a composition of 1 to 15 parts of the first composition with 100 parts of the second latex, since the first polymer composition meets the recitation of the carboxylic acid modified nitrile based copolymer latex.
As to claim 12, Cha teaches dip molded article (paras. 0088-0089).
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
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) 5 and 8 are rejected under 35 U.S.C. 103 as being unpatentable over US 2017/0283599 (“Cha”).
As to claim 5, the discussion of Cha with respect to claim 1 is incorporated by reference.
Cha does not exemplify the recited monomer composition. However, Cha teaches that the latex A may comprise preferably 60 to 78 weight percent of conjugated diene (para. 0027), which substantially overlaps the recited range, a preferred range of 20 to 40 wt % of ethylenically unsaturated nitrile monomer (apra. 0029), which is within the recited range, and 0.1 to 10 wt % of ethylenically unsaturated acid monomer (para. 0031), which overlaps the recited range. Cha teaches the amount of acid based monomer is selected to provide strength without excessive hardness and decline in wearability (para. 0031). As such, the preparation of the polymer, including in the recited amounts of monomers, is an obvious modification suggested by Cha.
As to claim 8, the discussion of Cha with respect to claim 7 is incorporated by reference. Cha does not exemplify the recited amount of molecular weight regulator; however, Cha teaches the use of molecular weight regulator in a preferred rang of 0.2 to 1.5 parts per 100 parts monomer (para. 0044), which includes amounts in the recited range, and as such, the use of molecular weight regulator, including in the recited amount, for controlling molecular weight is an obvious modification suggested by Cha.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KREGG T BROOKS whose telephone number is (313)446-4888. The examiner can normally be reached Monday to Friday 9 am to 5:30 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Arrie Reuther can be reached at (571)270-7026. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/KREGG T BROOKS/Primary Examiner, Art Unit 1764
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