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 Rejections - 35 USC § 112
Claim 31-34 and 38 are 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 pre-AIA the applicant regards as the invention.
In claims 31 and 32, there is no express antecedent basis for the “acrylic polymers”. That is, there is no indication that said acrylic polymers define any of the block copolymers, core-shell particulate polymers or semi-compatible polymers recited in claim 24.
In claims 31 and 34, there is no express antecedent basis for the “polymers selected from polymers of olefins with acrylates, copolymers of butadiene with acrylonitrile, copolymers of butadiene with methacrylates or copolymers of butadiene with other rubbers, and polysiloxane”. That is, there is no indication that said polymers define any of the block copolymers, core-shell particulate polymers or semi-compatible polymers recited in claim 24.
In claim 31, the “or” (line 10) before the recitation of the last polymer member is not consistent with the “and” (lines 5 and 7) used before the recitations of the last polymer members.
In claim 31, it is unclear whether the “polysiloxane” is a member of the antecedently-recited “polymers” (line 9).
Response to Arguments
Applicant’s arguments and terminal disclaimers filed March 04, 2026 have been fully considered and are persuasive in overcoming the previously-set forth 35 USC 112 and nonstatutory double patenting rejections.
Allowable Subject Matter
Claims 24-30, 35-37 and 39-51 are allowed.
The presently claimed subject matter is deemed allowable over the closest prior art of record, US 4,696,973 (Kamata), in that Kamata fails to disclose, teach or provide any motivation or guidance for using a copolymer having partial insolubility in acetone such that it includes an insoluble fraction. Accordingly, claims 24-30, 35-37 and 39-51 are deemed allowable over the prior art of record.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Ana L Woodward whose telephone number is (571)272-1082. The examiner can normally be reached on M-F 8am-5pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Heidi Kelley can be reached on 571-270-1831. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ANA L. WOODWARD/Primary Examiner, Art Unit 1765
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