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 .
The previous prior art rejection under Tohi (US 20160280819) in view of Ichino (WO
2016152711) maintained.
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, 3-8 and 17-19 are rejected under 35 U.S.C. 103 as being unpatentable over Tohi (US
20160280819) in view of Ichino (WO 2016152711), both cited in previous Office Action.
The rejection can be found in the NON-FINAL office action mailed 4/24/2025 and is herein incorporated
by reference.
Response to Arguments
Applicant's arguments filed 5/13/2026 have been fully considered but they are not persuasive.
Applicant submits that Tohi and Ichino do not teach thermoplastic elastomer composition.
Applicant submits that Tohi does not provide any motivation to modify the propylene-based copolymer (B1) to make the ethylene-a-olefin-nonconjugated polyene copolymer (A) of claim 1.
Examiner disagrees. As discussed during the interview held on 4/23/2026, Tohi clearly discloses non-conjugated polyene copolymer (see 1168).
Applicant argues that Tohi does not teach or suggest that the propylene-based copolymer (B1) is related to the method for producing a propylene-based copolymer.
However, independent claim 1 and dependent claims 3-8 and 17-19 drawn to a composition and do not stipulate a method of making it.
Applicant argues that Tohi does not disclose or suggest that the copolymer (CO) is equivalent to the copolymer (7B-2)
Examiner disagrees. Tohi teaches Propylene-α-Olefin Copolymer (7B-2) (see 2081). In addition, Tohi clearly discloses that a propylene-based copolymer (B1) contains a propylene component in an amount of 95 to 51 mol %, contains an α-olefin component, which is at least one selected from ethylene, 1-butene, 4-methylpentene-1,1-hexene, 1-octene and 1-decene, in an amount of 5 to 49 mol %, and contains a polyene component, which is at least one selected from conjugated or non-conjugated dienes (see 0098).
Conclusion
THIS ACTION IS MADE FINAL. 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 GREGORY LISTVOYB whose telephone number is (571)272-6105. The examiner can normally be reached 9am-5pm EST M-F.
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, Heidi Riviere Kelley can be reached at (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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GL
/GREGORY LISTVOYB/Primary Examiner, Art Unit 1765
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