DETAILED ACTION
Applicant's request for reconsideration of the finality of the rejection of the last Office action is persuasive and, therefore, the finality of that action is withdrawn
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 .
Priority
Applicant’s claim for the benefit of a prior-filed application under 35 U.S.C. 119(e) or under 35 U.S.C. 120, 121, 365(c), or 386(c) is acknowledged.
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
.Claim Rejections - 35 USC § 103
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 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, 4, 11, 12, 16, 18, 24, 25, 27, and 33 are rejected under 35 U.S.C. 103 as being unpatentable over Soyama et al. (US 2011/0313114 A1, cited in IDS).
Regarding claim 1, Soyama teaches a method for producing a polysiloxane-modified polylactic acid resin comprising adding a pre-prepared amino-containing polysiloxane compound and polylactic acid compound at a desired ratio, stirring, and mixing in a melted state under shearing forces to form said polysiloxane-modified polylactic acid resin [0052], wherein the polylactic acid compound used is produced using a melt polymerization method [0053], wherein the polysiloxane-modified polylactic acid resin has a segment of the polylactic acid compound, and a segment of the amino-containing polysiloxane compound, which has an amino group [0015], wherein the amino groups reacts with an ester group in the segment of the polylactic acid compound, and forms the segment of polysiloxane compound coupled to the polylactic acid compound through an amide linkage [0032], wherein the amino group is linked to a side chain of the polysiloxane compound [0032], which reads on a method for forming a biodegradable or recyclable hybrid material composition, comprising the steps of: providing a biopolymer in a liquid state, wherein the biopolymer is provided as a melt which is obtained by heating a polyester above its melting temperature, providing a polymetaloxane-biopolymer composition in a liquid state, the polymetaloxane-biopolymer composition comprising the biopolymer together with a polymetaloxane prepolymer, and subjecting the polymetaloxane-biopolymer composition to a curing step in order to form the hybrid material composition as claimed. Soyama teaches that the amino group is on average contained in the range of 0.01 to 2.5% inclusive by weight with respect to the amino-containing polysiloxane compound, and is on average contained in the range of 3 to 300 ppm inclusive by weight with respect to the polylactic acid compound [0015], that the content of the amino group in the amino-containing polysiloxane compound is on average 0.01~2.5% by weight inclusive [0033], that if the content is on average 0.01% by weight or more, an amide linkage to the segment of the polylactic acid compound may sufficient be formed, an effective production is possible, and the bleed of a separated polysiloxane segment in a molded product may be inhibited [0033], that if the content is on average 2.5% by weight or less, the hydrolysis of the polylactic acid compound may be inhibited during manufacturing processes, and an aggregation may be inhibited, thereby obtaining a molded product having high mechanical strength and uniform composition [0033], that the amount of the amino group with respect to the polylactic acid compound is within the range of 3~300 ppm by weight inclusive [0036], that if the amount is 3 ppm by weight or more, the impact resistance of a molded product may be increased by virtue of the segment of the amino-containing polysiloxane compound [0036], and that if the amount is 300 ppm by weight or less, the polylactic acid compound and the amino-containing polysiloxane compound may easily be dispersed during manufacturing processes, and a significant decrease of the molecular weight of the resulting polysiloxane-modified polylactic acid resin may be inhibited, thereby forming a molded product having excellent mechanical properties for example high impact strength [0036], which suggests optimizing the content of the amino group in the amino-containing polysiloxane compound and optimizing the amount of the amino group with respect to the polylactic acid compound, which would result in optimizing the weight ratio between the biopolymer and the polymetaloxane prepolymer.
Soyama does not teach that the weight ratio between the biopolymer and the polymetaloxane prepolymer is between 30:70 and 70:30. Before the effective filing date of the claimed invention, one of ordinary skill in the art would have found it obvious to optimize Soyama’s content of the amino group in Soyama’s amino-containing polysiloxane compound to be 0.01% by weight and to optimize Soyama’s amount of the amino group with respect to Soyama’s polylactic acid compound to be 43 to 233 ppm, or to optimize Soyama’s content of the amino group in Soyama’s amino-containing polysiloxane compound to be 0.02% by weight and to optimize Soyama’s amount of the amino group with respect to Soyama’s polylactic acid compound to be 86 to 300 ppm, or to optimize Soyama’s content of the amino group in Soyama’s amino-containing polysiloxane compound to be 0.03% by weight and to optimize Soyama’s amount of the amino group with respect to Soyama’s polylactic acid compound to be 129 to 300 ppm, or to optimize Soyama’s content of the amino group in Soyama’s amino-containing polysiloxane compound to be 0.04% by weight and to optimize Soyama’s amount of the amino group with respect to Soyama’s polylactic acid compound to be 172 to 300 ppm, or to optimize Soyama’s content of the amino group in Soyama’s amino-containing polysiloxane compound to be 0.05% by weight and to optimize Soyama’s amount of the amino group with respect to Soyama’s polylactic acid compound to be 215 to 300 ppm, or to optimize Soyama’s content of the amino group in Soyama’s amino-containing polysiloxane compound to be 0.06% by weight and to optimize Soyama’s amount of the amino group with respect to Soyama’s polylactic acid compound to be 258 to 300 ppm, or to optimize Soyama’s content of the amino group in Soyama’s amino-containing polysiloxane compound to be 0.07% by weight and to optimize Soyama’s amount of the amino group with respect to Soyama’s polylactic acid compound to be 300 ppm. The proposed modification would read on wherein the weight ratio between the biopolymer and the polymetaloxane prepolymer is between 30:70 and 70:30, or between 40:60 and 70:30, or between 50:50 and 70:30, or between 57:32 and 70:30, or between 62:38 and 70:30, or between 67:33 and 70:30, or 70:30 as claimed.
The weight ratios are based on the following calculations:
0.01 g amino groups / 100 g amino-containing polysiloxane compound / 43 g amino groups * 1,000,000 g polylactic acid compound = 2.33 g polylactic acid compound / g amino-containing polysiloxane compound = 2.33 / (2.33 + 1) * 100 : 1 / (2.33 + 1) * 100 = 70:30
0.01 g amino groups / 100 g amino-containing polysiloxane compound / 233 g amino groups * 1,000,000 g polylactic acid compound = 0.43 g polylactic acid compound / g amino-containing polysiloxane compound = 0.43 / (0.43 + 1) * 100 : 1 / (0.43 + 1) * 100 = 30:70
0.02 g amino groups / 100 g amino-containing polysiloxane compound / 86 g amino groups * 1,000,000 g polylactic acid compound = 2.33 g polylactic acid compound / g amino-containing polysiloxane compound = 2.33 / (2.33 + 1) * 100 : 1 / (2.33 + 1) * 100 = 70:30
0.02 g amino groups / 100 g amino-containing polysiloxane compound / 300 g amino groups * 1,000,000 g polylactic acid compound = 0.67 g polylactic acid compound / g amino-containing polysiloxane compound = 0.67 / (0.67 + 1) * 100 : 1 / (0.67 + 1) * 100 = 40:60
0.03 g amino groups / 100 g amino-containing polysiloxane compound / 129 g amino groups * 1,000,000 g polylactic acid compound = 2.33 g polylactic acid compound / g amino-containing polysiloxane compound = 2.33 / (2.33 + 1) * 100 : 1 / (2.33 + 1) * 100 = 70:30
0.03 g amino groups / 100 g amino-containing polysiloxane compound / 300 g amino groups * 1,000,000 g polylactic acid compound = 1 g polylactic acid compound / g amino-containing polysiloxane compound = 1 / (1 + 1) * 100 : 1 / (1 + 1) * 100 = 50:50
0.04 g amino groups / 100 g amino-containing polysiloxane compound / 172 g amino groups * 1,000,000 g polylactic acid compound = 2.33 g polylactic acid compound / g amino-containing polysiloxane compound = 2.33 / (2.33 + 1) * 100 : 1 / (2.33 + 1) * 100 = 70:30
0.04 g amino groups / 100 g amino-containing polysiloxane compound / 300 g amino groups * 1,000,000 g polylactic acid compound = 1.33 g polylactic acid compound / g amino-containing polysiloxane compound = 1.33 / (1.33 + 1) * 100 : 1 / (1.33 + 1) * 100 = 57:43
0.05 g amino groups / 100 g amino-containing polysiloxane compound / 215 g amino groups * 1,000,000 g polylactic acid compound = 2.33 g polylactic acid compound / g amino-containing polysiloxane compound = 2.33 / (2.33 + 1) * 100 : 1 / (2.33 + 1) * 100 = 70:30
0.05 g amino groups / 100 g amino-containing polysiloxane compound / 300 g amino groups * 1,000,000 g polylactic acid compound = 1.67 g polylactic acid compound / g amino-containing polysiloxane compound = 1.67 / (1.67 + 1) * 100 : 1 / (1.67 + 1) * 100 = 62:38
0.06 g amino groups / 100 g amino-containing polysiloxane compound / 258 g amino groups * 1,000,000 g polylactic acid compound = 2.33 g polylactic acid compound / g amino-containing polysiloxane compound = 2.33 / (2.33 + 1) * 100 : 1 / (2.33 + 1) * 100 = 70:30
0.06 g amino groups / 100 g amino-containing polysiloxane compound / 300 g amino groups * 1,000,000 g polylactic acid compound = 2 g polylactic acid compound / g amino-containing polysiloxane compound = 2 / (2 + 1) * 100 : 1 / (2 + 1) * 100 = 67:33
0.07 g amino groups / 100 g amino-containing polysiloxane compound / 300 g amino groups * 1,000,000 g polylactic acid compound = 2.33 g polylactic acid compound / g amino-containing polysiloxane compound = 2.33 / (2.33 + 1) * 100 : 1 / (2.33 + 1) * 100 = 70:30
One of ordinary skill in the art would have been motivated to do so because it would have been beneficial for optimizing sufficient formation of an amide linkage to the segment of Soyama’s polylactic acid compound, for optimizing effective production of Soyama’s polysiloxane-modified polylactic acid resin, for optimizing inhibition of the bleed of a separated polysiloxane segment in a molded product of Soyama’s polysiloxane-modified polylactic acid resin, for optimizing inhibition of the hydrolysis of Soyama’s polylactic acid compound and inhibition of an aggregation during Soyama’s method, for optimizing mechanical strength, uniformity of composition, impact resistance, mechanical properties, and impact strength of a molded product of Soyama’s polysiloxane-modified polylactic acid resin, for optimizing easy dispersion of Soyama’s polylactic acid compound and Soyama’s amino-containing polysiloxane compound during Soyama’s method, and for optimizing inhibition of a significant decrease of the molecular weight of Soyama’s polysiloxane-modified polylactic acid resin because Soyama teaches that the amino group is on average contained in the range of 0.01 to 2.5% inclusive by weight with respect to the amino-containing polysiloxane compound, and is on average contained in the range of 3 to 300 ppm inclusive by weight with respect to the polylactic acid compound [0015], that the content of the amino group in the amino-containing polysiloxane compound is on average 0.01~2.5% by weight inclusive [0033], that if the content is on average 0.01% by weight or more, an amide linkage to the segment of the polylactic acid compound may sufficient be formed, an effective production is possible, and the bleed of a separated polysiloxane segment in a molded product may be inhibited [0033], that if the content is on average 2.5% by weight or less, the hydrolysis of the polylactic acid compound may be inhibited during manufacturing processes, and an aggregation may be inhibited, thereby obtaining a molded product having high mechanical strength and uniform composition [0033], that the amount of the amino group with respect to the polylactic acid compound is within the range of 3~300 ppm by weight inclusive [0036], that if the amount is 3 ppm by weight or more, the impact resistance of a molded product may be increased by virtue of the segment of the amino-containing polysiloxane compound [0036], and that if the amount is 300 ppm by weight or less, the polylactic acid compound and the amino-containing polysiloxane compound may easily be dispersed during manufacturing processes, and a significant decrease of the molecular weight of the resulting polysiloxane-modified polylactic acid resin may be inhibited, thereby forming a molded product having excellent mechanical properties, for example high impact strength [0036].
Regarding claim 4, Soyama teaches that the polysiloxane-modified polylactic acid resin has a segment of the polylactic acid compound, and a segment of the amino-containing polysiloxane compound, which has an amino group [0015], that the amino groups reacts with an ester group in the segment of the polylactic acid compound, and forms the segment of polysiloxane compound coupled to the polylactic acid compound through an amide linkage [0032], and that the amino group is linked to a side chain of the polysiloxane compound [0032], which reads on wherein the biopolymer is crosslinked with the polymetaloxane prepolymer as claimed.
Regarding claim 11, Soyama teaches that the method for producing a polysiloxane-modified polylactic acid resin comprises adding a pre-prepared amino-containing polysiloxane compound and polylactic acid compound at a desired ratio, stirring, and mixing in a melted state under shearing forces to form said polysiloxane-modified polylactic acid resin [0052], wherein the polysiloxane-modified polylactic acid resin has a segment of the polylactic acid compound, and a segment of the amino-containing polysiloxane compound, which has an amino group [0015], wherein the amino groups reacts with an ester group in the segment of the polylactic acid compound, and forms the segment of polysiloxane compound coupled to the polylactic acid compound through an amide linkage [0032], wherein the amino group is linked to a side chain of the polysiloxane compound [0032], which reads on wherein the polymetaloxane-biopolymer composition is subjected to curing by: increasing the temperature of the polymetaloxane-biopolymer composition as claimed.
Regarding claim 12, Soyama teaches that the amino-containing polysiloxane compound [0052] is synthesized using siloxane oligomer obtained by the hydrolysis of aminoalkyl methyldimethoxysilane, circular siloxane and a basic catalyst [0074], which reads on wherein the polymetaloxane prepolymer is selected from siloxane prepolymer and formed by hydrolyzing and at least partially condensating the corresponding monomers as claimed.
Regarding claim 16, Soyama teaches that the amino-containing polysiloxane compound [0052] is synthesized using siloxane oligomer obtained by the hydrolysis of aminoalkyl methyldimethoxysilane, circular siloxane and a basic catalyst [0074], which reads on wherein the polymetaloxane comprises a polysiloxane prepolymer, wherein silane monomers are hydrolyzed and condensed to form the polysiloxane prepolymer, and wherein 100 mol-% of the silane monomers are hydrolyzed and condensated as claimed.
Regarding claim 18, Soyama teaches that the amino-containing polysiloxane compound [0052] is synthesized using siloxane oligomer obtained by the hydrolysis of aminoalkyl methyldimethoxysilane, circular siloxane and a basic catalyst [0074], which reads on wherein the polysiloxane prepolymer is formed from optionally a mixture of silane monomers, the mixture of silane monomers comprising at least two different silane monomers.
Soyama does not teach that the polysiloxane prepolymer is formed from a mixture of silane monomers, the mixture of silane monomers comprising at least two different silane monomers. Before the effective filing date of the claimed invention, one of ordinary skill in the art would have found it obvious to select two or more aminoalkyl methyldimethoxysilanes that differ in alkyl group as Soyama’s aminoalkyl methyldimethoxysilane. The proposed modification would read on wherein the polysiloxane prepolymer is formed from a mixture of silane monomers, the mixture of silane monomers comprising at least two different silane monomers as claimed. One of ordinary skill in the art would have been motivated to do so because it would have been beneficial for modifying reaction properties of Soyama’s amino-containing polysiloxane compound because Soyama teaches that the amino-containing polysiloxane compound [0052] is synthesized using siloxane oligomer obtained by the hydrolysis of aminoalkyl methyldimethoxysilane, circular siloxane and a basic catalyst [0074], and that the method for producing a polysiloxane-modified polylactic acid resin comprises adding a pre-prepared amino-containing polysiloxane compound and polylactic acid compound at a desired ratio, stirring, and mixing in a melted state under shearing forces to form said polysiloxane-modified polylactic acid resin [0052], wherein the polysiloxane-modified polylactic acid resin has a segment of the polylactic acid compound, and a segment of the amino-containing polysiloxane compound, which has an amino group [0015], wherein the amino groups reacts with an ester group in the segment of the polylactic acid compound, and forms the segment of polysiloxane compound coupled to the polylactic acid compound through an amide linkage [0032], wherein the amino group is linked to a side chain of the polysiloxane compound [0032].
Regarding claim 24, Soyama teaches that a number average molecular weight of the amino-containing polysiloxane compound is 900~120000 inclusive [0043], which reads on wherein the weight average molar mass of the polymetaloxane prepolymer is greater than 0 g/mol.
Soyama des not teach with sufficient specificity that the weight average molar mass of the polymetaloxane prepolymer is about 1000 to 100 000 g/mol. Before the effective filing date of the claimed invention, one of ordinary skill in the art would have found it obvious to optimize a weight average molecular weight of Soyama’s amino-containing polysiloxane compound in Soyama’s method to be about 1000 to 100,000 g/mol. The proposed modification would read on wherein the weight average molar mass of the polymetaloxane prepolymer is about 1000 to 100 000 g/mol as claimed. One of ordinary skill in the art would have been motivated to do so because it would have been beneficial for minimizing volatilization and loss of Soyama’s amino-containing polysiloxane compound when blending it with Soyama’s melted polylactic acid compound during manufacturing Soyama’s polysiloxane-modified polylactic acid resin, for optimizing dispersibility of Soyama’s amino-containing polysiloxane compound, and for optimizing uniformity of a molded product of Soyama’s method because Soyama teaches that a number average molecular weight of the amino-containing polysiloxane compound is 900~120000 inclusive [0043], that if the number average molecular weight of the amino-containing polysiloxane compound is 900 or more, the volatilization and loss of the compound may be inhibited when blending with a melted polylactic acid compound during manufacturing a polysiloxane-modified polylactic acid resin [0043], and that if the number average molecular weight is 120000 or less, the compound has good dispersibility, thereby obtaining a uniform molded product [0043], which means that a weight average molecular weight of Soyama’s amino-containing polysiloxane compound in Soyama’s method in g/mol would have affected volatilization and loss of Soyama’s amino-containing polysiloxane compound when blending it with Soyama’s melted polylactic acid compound during manufacturing Soyama’s polysiloxane-modified polylactic acid resin, dispersibility of Soyama’s amino-containing polysiloxane compound, and uniformity of a molded product of Soyama’s method.
Regarding claim 25, Soyama teaches that the amino-containing polysiloxane compound [0052] is synthesized using siloxane oligomer obtained by the hydrolysis of aminoalkyl methyldimethoxysilane, circular siloxane and a basic catalyst [0074], which reads on wherein the polymetaloxane prepolymer is combined with corresponding raw monomers as claimed.
Regarding claim 27, Soyama teaches that the amino-containing polysiloxane compound [0052] is synthesized using siloxane oligomer obtained by the hydrolysis of aminoalkyl methyldimethoxysilane, circular siloxane and a basic catalyst [0074]. Since Soyama does not teach heating during the synthesis of Soyama’s amino-containing polysiloxane, the temperature at which Soyama’s amino-containing polysiloxane is synthesized is room temperature, which reads on wherein the polymetaloxane comprises a polysiloxane prepolymer, wherein the polysiloxane prepolymer is formed at a temperature of 20 to 25 °C as claimed.
Regarding claim 33, Soyama teaches that the amino-containing polysiloxane compound [0052] is synthesized using siloxane oligomer obtained by the hydrolysis of aminoalkyl methyldimethoxysilane, circular siloxane and a basic catalyst, that a partially hydrolyzed condensate of diorganodichlorosilane is dissolved in an organic solvent at ta suitable amount, that then hydrolysis is performed by adding water to form partially condensated siloxane compound, that then triorganomonochlorosilane is added to allow a reaction, and that at the end of polymerization, the solvent is removed by distillation to give polysiloxane compound [0074], which reads on wherein the polymetaloxane prepolymer is partially condensed metaloxane as claimed.
Claim 13 is rejected under 35 U.S.C. 103 as being unpatentable over Soyama et al. (US 2011/0313114 A1, cited in IDS) as applied to claim 1, and further in view of Karkkainen et al. (US 2018/0066159 A1).
Regarding claim 13, Soyama renders obvious the method according to claim 1 as explained above. Soyama teaches that the amino-containing polysiloxane compound [0052] is synthesized using siloxane oligomer obtained by the hydrolysis of aminoalkyl methyldimethoxysilane, circular siloxane and a basic catalyst [0074].
Soyama does not teach that the polysiloxane is formed in the presence of an acid selected from the claimed group. However, Karkkainen teaches that synthesis of a siloxane polymer is carried out in two steps [0046], that in the first synthesis step, the monomers are hydrolyzed in a first solvent in the presence of catalyst, that the catalyst is nitric acid or hydrochloric acid [0047], that in the second step, the molecular weight of the material is increased by condensation polymerization [0048]. Soyama and Karkkainen are analogous art because both references are in the same field of endeavor of a method of forming a composition comprising providing a polymetaloxane prepolymer that comprises a polysiloxane. Before the effective filing date of the claimed invention, one of ordinary skill in the art would have found it obvious to use Karkkainen’s catalyst that is nitric acid or hydrochloric acid as a catalyst during synthesis of Soyama’s amino-containing polysiloxane compound. The proposed modification would read on wherein the polymetaloxane prepolymer comprises a polysiloxane formed in the presence of an acid selected from nitric acid, and hydrochloric acid as claimed. One of ordinary skill in the art would have been motivated to do so because it would have been beneficial for catalyzing synthesis of Soyama’s amino-containing polysiloxane compound because Karkkainen teaches that synthesis of a siloxane polymer is carried out in two steps [0046], that in the first synthesis step, the monomers are hydrolyzed in a first solvent in the presence of catalyst, that the catalyst is nitric acid or hydrochloric acid [0047], that in the second step, the molecular weight of the material is increased by condensation polymerization [0048], and because catalyzing synthesis of Soyama’s amino-containing polysiloxane compound would have been desirable because Soyama teaches that the amino-containing polysiloxane compound [0052] is synthesized using siloxane oligomer obtained by the hydrolysis of aminoalkyl methyldimethoxysilane, circular siloxane and a basic catalyst [0074].
Claims 15 and 26 are rejected under 35 U.S.C. 103 as being unpatentable over Soyama et al. (US 2011/0313114 A1, cited in IDS) as applied to claim 1, and further in view of Ganachaud et al. (WO 2016/102498 A1, US 2018/0265668 A1 is English language equivalent and is used for citation).
Regarding claims 15 and 26, Soyama renders obvious the method according to claim 1 as explained above. Soyama teaches that the amino-containing polysiloxane compound [0052] is synthesized using siloxane oligomer obtained by the hydrolysis of aminoalkyl methyldimethoxysilane, circular siloxane and a basic catalyst, or using bis(aminopropyl) tetramethyl disiloxane, circular siloxane and a basic catalyst [0074].
Soyama does not teach that the polymetaloxane prepolymer is formed in the presence of an organic acid, and wherein the organic acid is difunctional, and that the organic acid reacts with the monomers corresponding to the polymetaloxane prepolymer, and thus become part of the formed polymetaloxane prepolymer. However, Ganachaud teaches reaction between an organopolysiloxane and itaconic acid, wherein the organopolysiloxane is PDMS with terminal units of dimethylmethoxysilyl and having an amount of N-H bonds [0158], wherein two reactions are applied, wherein the itaconic acid is a solid that is solubilized beforehand in methanol [0159]. Soyama and Ganachaud are analogous art because both references are in the same field of endeavor of a method comprising providing a polymetaloxane prepolymer. Before the effective filing date of the claimed invention, one of ordinary skill in the art would have found it obvious to use a step of reacting Ganachaud’s itaconic acid with the siloxane monomers from which Soyama’s amino group-containing polysiloxane compound is synthesized. The proposed modification would read on wherein the polymetaloxane prepolymer is formed in the presence of an organic acid, and wherein the organic acid is difunctional as claimed, wherein the organic acid reacts with the monomers corresponding to the polymetaloxane prepolymer, and thus become part of the formed polymetaloxane prepolymer as claimed. One of ordinary skill in the art would have been motivated to do so because Ganachaud teaches that reaction between an organopolysiloxane and itaconic acid, wherein the organopolysiloxane is PDMS with terminal units of dimethylmethoxysilyl and having an amount of N-H bonds [0158], wherein two reactions are applied, wherein the itaconic acid is a solid that is solubilized beforehand in methanol [0159], is beneficial for preparing an organopolysiloxane compound having viscoelastic properties which may be modulated [0003], which would have been desirable for Soyama’s amino group-containing polysiloxane compound because Soyama teaches that the amino-containing polysiloxane compound [0052] is synthesized using siloxane oligomer obtained by the hydrolysis of aminoalkyl methyldimethoxysilane, circular siloxane and a basic catalyst [0074].
Claim 22 is rejected under 35 U.S.C. 103 as being unpatentable over Soyama et al. (US 2011/0313114 A1, cited in IDS) as applied to claim 1, and further in view of Meng et al. (US 2019/0062495 A1, cited in IDS).
Regarding claim 22, Soyama renders obvious the method according to claim 1 as explained above. Soyama teaches that the method for producing a polysiloxane-modified polylactic acid resin comprises adding a pre-prepared amino-containing polysiloxane compound and polylactic acid compound at a desired ratio, stirring, and mixing in a melted state under shearing forces to form said polysiloxane-modified polylactic acid resin [0052], and that the amino-containing polysiloxane compound [0052] is synthesized using siloxane oligomer obtained by the hydrolysis of aminoalkyl methyldimethoxysilane, circular siloxane and a basic catalyst [0074].
Soyama does not teach that the method comprises forming a colloidal liquid solution by combining the biopolymer with one or more metaloxane monomers, the one or more metaloxane monomers selected from the claimed group. However, Meng teaches homogeneously blending a polyester and silane molecules in their melted states [0037], wherein the silane molecules are 3-aminopropyltriethoxysilane [0009, 0034], or (3-glycidoxypropyl)trimethoxysilane [0034], wherein the polyester is optionally PLA [0007] that is poly(lactic acid) [0004]. Soyama and Meng are analogous art because both references are in the same field of endeavor of a method comprising providing a biopolymer. Before the effective filing date of the claimed invention, one of ordinary skill in the art would have found it obvious to use a step of homogeneously blending Meng’s silane molecules that are 3-aminopropyltriethoxysilane, or (3-glycidoxypropyl)trimethoxysilane with Soyama’s mixture of Soyama’s amino-containing polysiloxane compound and Soyama’s polylactic acid compound to modify Soyama’s step of adding a pre-prepared amino-containing polysiloxane compound and a polylactic acid compound at a desired ratio, stirring and mixing them in a melted state under shearing forces to form said polysiloxane-modified polylactic acid resin. The proposed modification would read on the method comprising forming a colloidal liquid solution by combining the biopolymer with one or more metaloxane monomers, the one or more metaloxane monomers selected from 3-glycidoxypropyl-trimethoxysilane (GPTMS), and (3-aminopropyl)triethoxysilane (APTES) as claimed. One of ordinary skill in the art would have been motivated to do so because Meng teaches that homogeneously blending a polyester and silane molecules in their melted states [0037], wherein the silane molecules are 3-aminopropyltriethoxysilane [0009, 0034], or (3-glycidoxypropyl)trimethoxysilane [0034], wherein the polyester is optionally PLA [0007] that is poly(lactic acid) [0004], is beneficial for providing a polyester blend that advantageously exhibits a combination of exceptional ductility and toughness [0006], which would have been desirable for Soyama’s step of adding a pre-prepared amino-containing polysiloxane compound and a polylactic acid compound at a desired ratio, stirring and mixing them in a melted state under shearing forces to form said polysiloxane-modified polylactic acid resin because Soyama teaches that the method for producing a polysiloxane-modified polylactic acid resin comprises adding a pre-prepared amino-containing polysiloxane compound and a polylactic acid compound at a desired ratio, stirring and mixing them in a melted state under shearing forces to form said polysiloxane-modified polylactic acid resin [0052], and that the amino-containing polysiloxane compound [0052] is synthesized using siloxane oligomer obtained by the hydrolysis of aminoalkyl methyldimethoxysilane, circular siloxane and a basic catalyst [0074].
Claim 35 is rejected under 35 U.S.C. 103 as being unpatentable over Soyama et al. (US 2011/0313114 A1, cited in IDS).
Regarding claim 35, Soyama teaches a method for producing a polysiloxane-modified polylactic acid resin comprising adding a pre-prepared amino-containing polysiloxane compound and polylactic acid compound at a desired ratio, stirring, and mixing in a melted state under shearing forces to form said polysiloxane-modified polylactic acid resin [0052], wherein the polylactic acid compound used is produced using a melt polymerization method [0053], wherein the polysiloxane-modified polylactic acid resin has a segment of the polylactic acid compound, and a segment of the amino-containing polysiloxane compound, which has an amino group [0015], wherein the amino groups reacts with an ester group in the segment of the polylactic acid compound, and forms the segment of polysiloxane compound coupled to the polylactic acid compound through an amide linkage [0032], wherein the amino group is linked to a side chain of the polysiloxane compound [0032], which reads on a method for forming a biodegradable or recyclable hybrid material composition, comprising the steps of: providing a polymetaloxane-biopolymer composition in a liquid state, the polymetaloxane-biopolymer composition comprising a biopolymer together with a polymetaloxane prepolymer, and subjecting the polymetaloxane-biopolymer composition to a curing step in order to form the hybrid material composition as claimed. Soyama teaches that the amino group is on average contained in the range of 0.01 to 2.5% inclusive by weight with respect to the amino-containing polysiloxane compound, and is on average contained in the range of 3 to 300 ppm inclusive by weight with respect to the polylactic acid compound [0015], that the content of the amino group in the amino-containing polysiloxane compound is on average 0.01~2.5% by weight inclusive [0033], that if the content is on average 0.01% by weight or more, an amide linkage to the segment of the polylactic acid compound may sufficient be formed, an effective production is possible, and the bleed of a separated polysiloxane segment in a molded product may be inhibited [0033], that if the content is on average 2.5% by weight or less, the hydrolysis of the polylactic acid compound may be inhibited during manufacturing processes, and an aggregation may be inhibited, thereby obtaining a molded product having high mechanical strength and uniform composition [0033], that the amount of the amino group with respect to the polylactic acid compound is within the range of 3~300 ppm by weight inclusive [0036], that if the amount is 3 ppm by weight or more, the impact resistance of a molded product may be increased by virtue of the segment of the amino-containing polysiloxane compound [0036], and that if the amount is 300 ppm by weight or less, the polylactic acid compound and the amino-containing polysiloxane compound may easily be dispersed during manufacturing processes, and a significant decrease of the molecular weight of the resulting polysiloxane-modified polylactic acid resin may be inhibited, thereby forming a molded product having excellent mechanical properties for example high impact strength [0036], which suggests optimizing the content of the amino group in the amino-containing polysiloxane compound and optimizing the amount of the amino group with respect to the polylactic acid compound, which would result in optimizing the weight ratio between the biopolymer and the polymetaloxane prepolymer.
Soyama does not teach that the weight ratio between the biopolymer and the polymetaloxane prepolymer is between 30:70 and 70:30. Before the effective filing date of the claimed invention, one of ordinary skill in the art would have found it obvious to optimize Soyama’s content of the amino group in Soyama’s amino-containing polysiloxane compound to be 0.01% by weight and to optimize Soyama’s amount of the amino group with respect to Soyama’s polylactic acid compound to be 43 to 233 ppm, or to optimize Soyama’s content of the amino group in Soyama’s amino-containing polysiloxane compound to be 0.02% by weight and to optimize Soyama’s amount of the amino group with respect to Soyama’s polylactic acid compound to be 86 to 300 ppm, or to optimize Soyama’s content of the amino group in Soyama’s amino-containing polysiloxane compound to be 0.03% by weight and to optimize Soyama’s amount of the amino group with respect to Soyama’s polylactic acid compound to be 129 to 300 ppm, or to optimize Soyama’s content of the amino group in Soyama’s amino-containing polysiloxane compound to be 0.04% by weight and to optimize Soyama’s amount of the amino group with respect to Soyama’s polylactic acid compound to be 172 to 300 ppm, or to optimize Soyama’s content of the amino group in Soyama’s amino-containing polysiloxane compound to be 0.05% by weight and to optimize Soyama’s amount of the amino group with respect to Soyama’s polylactic acid compound to be 215 to 300 ppm, or to optimize Soyama’s content of the amino group in Soyama’s amino-containing polysiloxane compound to be 0.06% by weight and to optimize Soyama’s amount of the amino group with respect to Soyama’s polylactic acid compound to be 258 to 300 ppm, or to optimize Soyama’s content of the amino group in Soyama’s amino-containing polysiloxane compound to be 0.07% by weight and to optimize Soyama’s amount of the amino group with respect to Soyama’s polylactic acid compound to be 300 ppm. The proposed modification would read on wherein the weight ratio between the biopolymer and the polymetaloxane prepolymer is between 30:70 and 70:30, or between 40:60 and 70:30, or between 50:50 and 70:30, or between 57:32 and 70:30, or between 62:38 and 70:30, or between 67:33 and 70:30, or 70:30 as claimed.
The weight ratios are based on the following calculations:
0.01 g amino groups / 100 g amino-containing polysiloxane compound / 43 g amino groups * 1,000,000 g polylactic acid compound = 2.33 g polylactic acid compound / g amino-containing polysiloxane compound = 2.33 / (2.33 + 1) * 100 : 1 / (2.33 + 1) * 100 = 70:30
0.01 g amino groups / 100 g amino-containing polysiloxane compound / 233 g amino groups * 1,000,000 g polylactic acid compound = 0.43 g polylactic acid compound / g amino-containing polysiloxane compound = 0.43 / (0.43 + 1) * 100 : 1 / (0.43 + 1) * 100 = 30:70
0.02 g amino groups / 100 g amino-containing polysiloxane compound / 86 g amino groups * 1,000,000 g polylactic acid compound = 2.33 g polylactic acid compound / g amino-containing polysiloxane compound = 2.33 / (2.33 + 1) * 100 : 1 / (2.33 + 1) * 100 = 70:30
0.02 g amino groups / 100 g amino-containing polysiloxane compound / 300 g amino groups * 1,000,000 g polylactic acid compound = 0.67 g polylactic acid compound / g amino-containing polysiloxane compound = 0.67 / (0.67 + 1) * 100 : 1 / (0.67 + 1) * 100 = 40:60
0.03 g amino groups / 100 g amino-containing polysiloxane compound / 129 g amino groups * 1,000,000 g polylactic acid compound = 2.33 g polylactic acid compound / g amino-containing polysiloxane compound = 2.33 / (2.33 + 1) * 100 : 1 / (2.33 + 1) * 100 = 70:30
0.03 g amino groups / 100 g amino-containing polysiloxane compound / 300 g amino groups * 1,000,000 g polylactic acid compound = 1 g polylactic acid compound / g amino-containing polysiloxane compound = 1 / (1 + 1) * 100 : 1 / (1 + 1) * 100 = 50:50
0.04 g amino groups / 100 g amino-containing polysiloxane compound / 172 g amino groups * 1,000,000 g polylactic acid compound = 2.33 g polylactic acid compound / g amino-containing polysiloxane compound = 2.33 / (2.33 + 1) * 100 : 1 / (2.33 + 1) * 100 = 70:30
0.04 g amino groups / 100 g amino-containing polysiloxane compound / 300 g amino groups * 1,000,000 g polylactic acid compound = 1.33 g polylactic acid compound / g amino-containing polysiloxane compound = 1.33 / (1.33 + 1) * 100 : 1 / (1.33 + 1) * 100 = 57:43
0.05 g amino groups / 100 g amino-containing polysiloxane compound / 215 g amino groups * 1,000,000 g polylactic acid compound = 2.33 g polylactic acid compound / g amino-containing polysiloxane compound = 2.33 / (2.33 + 1) * 100 : 1 / (2.33 + 1) * 100 = 70:30
0.05 g amino groups / 100 g amino-containing polysiloxane compound / 300 g amino groups * 1,000,000 g polylactic acid compound = 1.67 g polylactic acid compound / g amino-containing polysiloxane compound = 1.67 / (1.67 + 1) * 100 : 1 / (1.67 + 1) * 100 = 62:38
0.06 g amino groups / 100 g amino-containing polysiloxane compound / 258 g amino groups * 1,000,000 g polylactic acid compound = 2.33 g polylactic acid compound / g amino-containing polysiloxane compound = 2.33 / (2.33 + 1) * 100 : 1 / (2.33 + 1) * 100 = 70:30
0.06 g amino groups / 100 g amino-containing polysiloxane compound / 300 g amino groups * 1,000,000 g polylactic acid compound = 2 g polylactic acid compound / g amino-containing polysiloxane compound = 2 / (2 + 1) * 100 : 1 / (2 + 1) * 100 = 67:33
0.7 g amino groups / 100 g amino-containing polysiloxane compound / 300 g amino groups * 1,000,000 g polylactic acid compound = 2.33 g polylactic acid compound / g amino-containing polysiloxane compound = 2.33 / (2.33 + 1) * 100 : 1 / (2.33 + 1) * 100 = 70:30
One of ordinary skill in the art would have been motivated to do so because it would have been beneficial for optimizing sufficient formation of an amide linkage to the segment of Soyama’s polylactic acid compound, for optimizing effective production of Soyama’s polysiloxane-modified polylactic acid resin, for optimizing inhibition of the bleed of a separated polysiloxane segment in a molded product of Soyama’s polysiloxane-modified polylactic acid resin, for optimizing inhibition of the hydrolysis of Soyama’s polylactic acid compound and inhibition of an aggregation during Soyama’s method, for optimizing mechanical strength, uniformity of composition, impact resistance, mechanical properties, and impact strength of a molded product of Soyama’s polysiloxane-modified polylactic acid resin, for optimizing easy dispersion of Soyama’s polylactic acid compound and Soyama’s amino-containing polysiloxane compound during Soyama’s method, and for optimizing inhibition of a significant decrease of the molecular weight of Soyama’s polysiloxane-modified polylactic acid resin because Soyama teaches that the amino group is on average contained in the range of 0.01 to 2.5% inclusive by weight with respect to the amino-containing polysiloxane compound, and is on average contained in the range of 3 to 300 ppm inclusive by weight with respect to the polylactic acid compound [0015], that the content of the amino group in the amino-containing polysiloxane compound is on average 0.01~2.5% by weight inclusive [0033], that if the content is on average 0.01% by weight or more, an amide linkage to the segment of the polylactic acid compound may sufficient be formed, an effective production is possible, and the bleed of a separated polysiloxane segment in a molded product may be inhibited [0033], that if the content is on average 2.5% by weight or less, the hydrolysis of the polylactic acid compound may be inhibited during manufacturing processes, and an aggregation may be inhibited, thereby obtaining a molded product having high mechanical strength and uniform composition [0033], that the amount of the amino group with respect to the polylactic acid compound is within the range of 3~300 ppm by weight inclusive [0036], that if the amount is 3 ppm by weight or more, the impact resistance of a molded product may be increased by virtue of the segment of the amino-containing polysiloxane compound [0036], and that if the amount is 300 ppm by weight or less, the polylactic acid compound and the amino-containing polysiloxane compound may easily be dispersed during manufacturing processes, and a significant decrease of the molecular weight of the resulting polysiloxane-modified polylactic acid resin may be inhibited, thereby forming a molded product having excellent mechanical properties, for example high impact strength [0036].
Response to Arguments
Applicant’s arguments, see p. 1-5, filed 04/13/2026, with respect to the rejection(s) of claim(s) 1, 4, 11, 12, 16, 18, 24, 25, 27, 33, and 35 under 35 U.S.C. 103 as being unpatentable over Soyama et al. (US 2011/0313114 A1, cited in IDS) have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Soyama et al. (US 2011/0313114 A1, cited in IDS) with a different reasoning.
Applicant's arguments filed 04/13/2026 have been fully considered but they are not persuasive. In response to the applicant’s argument that the claimed feature of wherein the weight ratio between the biopolymer and the polymetaloxane prepolymer is between 30:70 and 70:30 is nonobvious over Soyama (p. 2-5), before the effective filing date of the claimed invention, one of ordinary skill in the art would have found it obvious to optimize Soyama’s content of the amino group in Soyama’s amino-containing polysiloxane compound to be 0.01% by weight and to optimize Soyama’s amount of the amino group with respect to Soyama’s polylactic acid compound to be 43 to 233 ppm, or to optimize Soyama’s content of the amino group in Soyama’s amino-containing polysiloxane compound to be 0.02% by weight and to optimize Soyama’s amount of the amino group with respect to Soyama’s polylactic acid compound to be 86 to 300 ppm, or to optimize Soyama’s content of the amino group in Soyama’s amino-containing polysiloxane compound to be 0.03% by weight and to optimize Soyama’s amount of the amino group with respect to Soyama’s polylactic acid compound to be 129 to 300 ppm, or to optimize Soyama’s content of the amino group in Soyama’s amino-containing polysiloxane compound to be 0.04% by weight and to optimize Soyama’s amount of the amino group with respect to Soyama’s polylactic acid compound to be 172 to 300 ppm, or to optimize Soyama’s content of the amino group in Soyama’s amino-containing polysiloxane compound to be 0.05% by weight and to optimize Soyama’s amount of the amino group with respect to Soyama’s polylactic acid compound to be 215 to 300 ppm, or to optimize Soyama’s content of the amino group in Soyama’s amino-containing polysiloxane compound to be 0.06% by weight and to optimize Soyama’s amount of the amino group with respect to Soyama’s polylactic acid compound to be 258 to 300 ppm, or to optimize Soyama’s content of the amino group in Soyama’s amino-containing polysiloxane compound to be 0.07% by weight and to optimize Soyama’s amount of the amino group with respect to Soyama’s polylactic acid compound to be 300 ppm. The proposed modification would read on wherein the weight ratio between the biopolymer and the polymetaloxane prepolymer is between 30:70 and 70:30, or between 40:60 and 70:30, or between 50:50 and 70:30, or between 57:32 and 70:30, or between 62:38 and 70:30, or between 67:33 and 70:30, or 70:30 as claimed.
The weight ratios are based on the following calculations:
0.01 g amino groups / 100 g amino-containing polysiloxane compound / 43 g amino groups * 1,000,000 g polylactic acid compound = 2.33 g polylactic acid compound / g amino-containing polysiloxane compound = 2.33 / (2.33 + 1) * 100 : 1 / (2.33 + 1) * 100 = 70:30
0.01 g amino groups / 100 g amino-containing polysiloxane compound / 233 g amino groups * 1,000,000 g polylactic acid compound = 0.43 g polylactic acid compound / g amino-containing polysiloxane compound = 0.43 / (0.43 + 1) * 100 : 1 / (0.43 + 1) * 100 = 30:70
0.02 g amino groups / 100 g amino-containing polysiloxane compound / 86 g amino groups * 1,000,000 g polylactic acid compound = 2.33 g polylactic acid compound / g amino-containing polysiloxane compound = 2.33 / (2.33 + 1) * 100 : 1 / (2.33 + 1) * 100 = 70:30
0.02 g amino groups / 100 g amino-containing polysiloxane compound / 300 g amino groups * 1,000,000 g polylactic acid compound = 0.67 g polylactic acid compound / g amino-containing polysiloxane compound = 0.67 / (0.67 + 1) * 100 : 1 / (0.67 + 1) * 100 = 40:60
0.03 g amino groups / 100 g amino-containing polysiloxane compound / 129 g amino groups * 1,000,000 g polylactic acid compound = 2.33 g polylactic acid compound / g amino-containing polysiloxane compound = 2.33 / (2.33 + 1) * 100 : 1 / (2.33 + 1) * 100 = 70:30
0.03 g amino groups / 100 g amino-containing polysiloxane compound / 300 g amino groups * 1,000,000 g polylactic acid compound = 1 g polylactic acid compound / g amino-containing polysiloxane compound = 1 / (1 + 1) * 100 : 1 / (1 + 1) * 100 = 50:50
0.04 g amino groups / 100 g amino-containing polysiloxane compound / 172 g amino groups * 1,000,000 g polylactic acid compound = 2.33 g polylactic acid compound / g amino-containing polysiloxane compound = 2.33 / (2.33 + 1) * 100 : 1 / (2.33 + 1) * 100 = 70:30
0.04 g amino groups / 100 g amino-containing polysiloxane compound / 300 g amino groups * 1,000,000 g polylactic acid compound = 1.33 g polylactic acid compound / g amino-containing polysiloxane compound = 1.33 / (1.33 + 1) * 100 : 1 / (1.33 + 1) * 100 = 57:43
0.05 g amino groups / 100 g amino-containing polysiloxane compound / 215 g amino groups * 1,000,000 g polylactic acid compound = 2.33 g polylactic acid compound / g amino-containing polysiloxane compound = 2.33 / (2.33 + 1) * 100 : 1 / (2.33 + 1) * 100 = 70:30
0.05 g amino groups / 100 g amino-containing polysiloxane compound / 300 g amino groups * 1,000,000 g polylactic acid compound = 1.67 g polylactic acid compound / g amino-containing polysiloxane compound = 1.67 / (1.67 + 1) * 100 : 1 / (1.67 + 1) * 100 = 62:38
0.06 g amino groups / 100 g amino-containing polysiloxane compound / 258 g amino groups * 1,000,000 g polylactic acid compound = 2.33 g polylactic acid compound / g amino-containing polysiloxane compound = 2.33 / (2.33 + 1) * 100 : 1 / (2.33 + 1) * 100 = 70:30
0.06 g amino groups / 100 g amino-containing polysiloxane compound / 300 g amino groups * 1,000,000 g polylactic acid compound = 2 g polylactic acid compound / g amino-containing polysiloxane compound = 2 / (2 + 1) * 100 : 1 / (2 + 1) * 100 = 67:33
0.07 g amino groups / 100 g amino-containing polysiloxane compound / 300 g amino groups * 1,000,000 g polylactic acid compound = 2.33 g polylactic acid compound / g amino-containing polysiloxane compound = 2.33 / (2.33 + 1) * 100 : 1 / (2.33 + 1) * 100 = 70:30
One of ordinary skill in the art would have been motivated to do so because it would have been beneficial for optimizing sufficient formation of an amide linkage to the segment of Soyama’s polylactic acid compound, for optimizing effective production of Soyama’s polysiloxane-modified polylactic acid resin, for optimizing inhibition of the bleed of a separated polysiloxane segment in a molded product of Soyama’s polysiloxane-modified polylactic acid resin, for optimizing inhibition of the hydrolysis of Soyama’s polylactic acid compound and inhibition of an aggregation during Soyama’s method, for optimizing mechanical strength, uniformity of composition, impact resistance, mechanical properties, and impact strength of a molded product of Soyama’s polysiloxane-modified polylactic acid resin, for optimizing easy dispersion of Soyama’s polylactic acid compound and Soyama’s amino-containing polysiloxane compound during Soyama’s method, and for optimizing inhibition of a significant decrease of the molecular weight of Soyama’s polysiloxane-modified polylactic acid resin because Soyama teaches that the amino group is on average contained in the range of 0.01 to 2.5% inclusive by weight with respect to the amino-containing polysiloxane compound, and is on average contained in the range of 3 to 300 ppm inclusive by weight with respect to the polylactic acid compound [0015], that the content of the amino group in the amino-containing polysiloxane compound is on average 0.01~2.5% by weight inclusive [0033], that if the content is on average 0.01% by weight or more, an amide linkage to the segment of the polylactic acid compound may sufficient be formed, an effective production is possible, and the bleed of a separated polysiloxane segment in a molded product may be inhibited [0033], that if the content is on average 2.5% by weight or less, the hydrolysis of the polylactic acid compound may be inhibited during manufacturing processes, and an aggregation may be inhibited, thereby obtaining a molded product having high mechanical strength and uniform composition [0033], that the amount of the amino group with respect to the polylactic acid compound is within the range of 3~300 ppm by weight inclusive [0036], that if the amount is 3 ppm by weight or more, the impact resistance of a molded product may be increased by virtue of the segment of the amino-containing polysiloxane compound [0036], and that if the amount is 300 ppm by weight or less, the polylactic acid compound and the amino-containing polysiloxane compound may easily be dispersed during manufacturing processes, and a significant decrease of the molecular weight of the resulting polysiloxane-modified polylactic acid resin may be inhibited, thereby forming a molded product having excellent mechanical properties, for example high impact strength [0036].
In response to the applicant’s argument that it is incorrect to calculate the ratio using the 0.01% (lowest amount) and 300 ppm (highest amount) because the statement that the amino group is on average contained in the range of 0.01 to 2.5% inclusive by weight with respect to the amino-containing polysiloxane compound, and on average contained in the range of 3 to 300 ppm inclusive by weight with respect to the polylactic acid compound is a comparison of different ways to state the amount of amino group present (p. 3), it is correct to calculate a weight ratio between the biopolymer and the polymetaloxane prepolymer using the 0.01% (lowest amount) and 300 ppm (highest amount). Soyama’s teaching that the amino group is on average contained in the range of 0.01 to 2.5% inclusive by weight with respect to the amino-containing polysiloxane compound [0015] is independent of Soyama’s teaching that the amino group is on average contained in the range of 3 to 300 ppm inclusive by weight with respect to the polylactic acid compound [0015]. This is because, based on Soyama’s teachings, the amino groups are only present in Soyama’s amino-containing polysiloxane compound. For a given amount of amino group with respect to the amino-containing polysiloxane compound, the amount of the amino group with respect to the polylactic acid compound depends on the amount of the polylactic acid compound with respect to the amount of the amino-containing polysiloxane compound.
In response to the applicant’s argument that the Examiner fails to show a single example where the ratio between PLA and the amino-containing polysiloxane is any other than 97:3 (p. 3), the rejection of the claims that is set forth in this Office action is not based on Soyama’s examples, but are based on Soyama’s broader disclosure. Disclosed examples and preferred embodiments do not constitute a teaching away from a broader disclosure or nonpreferred embodiments (MPEP 2123(II)).
In response to the applicant’s argument that the disclosed amount of amino groups in the amino-containing polysiloxane compound C1-3, 0.21%, corresponds to the amount of amino group in PLA being 63 ppm (p. 4), in Soyama’s Working example 1, the reason the amount of amino group in PLA is 63 ppm is not solely because the amount of amino groups in the amino-containing polysiloxane compound C1-1 is 0.21%. The amount of amino group in PLA being 63 ppm in Soyama’s Working example 1 is due to the amount of Soyama’s PLA being 97.0% by weight, the amount of the amino-containing polysiloxane compound C1-1 being 3.0, and the amount of amino groups in the amino-containing polysiloxane compound C1-1 being 0.21%. Soyama’s teaching that the amino group is on average contained in the range of 0.01 to 2.5% inclusive by weight with respect to the amino-containing polysiloxane compound [0015] is independent of Soyama’s teaching that the amino group is on average contained in the range of 3 to 300 ppm inclusive by weight with respect to the polylactic acid compound [0015]. This is because, based on Soyama’s teachings, the amino groups are only present in Soyama’s amino-containing polysiloxane compound. For a given amount of amino group with respect to the amino-containing polysiloxane compound, the amount of the amino group with respect to the polylactic acid compound depends on the amount of the polylactic acid compound with respect to the amount of the amino-containing polysiloxane compound.
In response to the applicant’s argument that Soyama does not teach and cannot be interpreted to disclose a compound that would contain 0.01% by weight with respect to the amino-containing polysiloxane compound, and simultaneously contain 300 ppm with respect to the PLA (p. 5), Soyama’s teaching that the amino group is on average contained in the range of 0.01 to 2.5% inclusive by weight with respect to the amino-containing polysiloxane compound, and is on average contained in the range of 3 to 300 ppm inclusive by weight with respect to the polylactic acid compound [0015] means that it is possible for there simultaneously to be the amino group is on average contained at 0.01% inclusive by weight with respect to the amino-containing polysiloxane compound and on average contained at 300 ppm inclusive by weight with respect to the polylactic acid compound. Soyama’s teaching that the amino group is on average contained in the range of 0.01 to 2.5% inclusive by weight with respect to the amino-containing polysiloxane compound [0015] is independent of Soyama’s teaching that the amino group is on average contained in the range of 3 to 300 ppm inclusive by weight with respect to the polylactic acid compound [0015]. This is because, based on Soyama’s teachings, the amino groups are only present in Soyama’s amino-containing polysiloxane compound. For a given amount of amino group with respect to the amino-containing polysiloxane compound, the amount of the amino group with respect to the polylactic acid compound depends on the amount of the polylactic acid compound with respect to the amount of the amino-containing polysiloxane compound.
In response to the applicant’s argument that it would be incorrect to combine 0.01 g amino groups per 100 g amino-containing polysiloxane with 300 g amino groups per 1,000,000 g PLA as the Examiner has done because these values are not independent endpoints but instead represent correlated quantities that vary together by a fixed proportional relationship x/y = 0.03 as demonstrated by the applicant (p. 5), the Office does not combine 0.01 g amino groups per 100 g amino-containing polysiloxane with 300 g amino groups per 1,000,000 g PLA in the rejection that is set forth in this Office action. However, based on Soyama’s teachings, 0.01 g amino groups per 100 g amino-containing polysiloxane is independent of 300 g amino groups per 1,000,000 g PLA and are not correlated quantities. The applicant’s proportional relationship x/y = 0.03 is only for Soyama’s Working examples 1, 2, and 3, which are not the basis for the rejection that is set forth in this Office action. This is because, based on Soyama’s teachings, the amino groups are only present in Soyama’s amino-containing polysiloxane compound. For a given amount of amino group with respect to the amino-containing polysiloxane compound, the amount of the amino group with respect to the polylactic acid compound depends on the amount of the polylactic acid compound with respect to the amount of the amino-containing polysiloxane compound.
Applicant’s arguments, see p. 1-5, filed 04/13/2026, with respect to the rejection(s) of claim(s) 13 under 35 U.S.C. 103 as being unpatentable over Soyama et al. (US 2011/0313114 A1, cited in IDS) as applied to claim 1, and further in view of Karkkainen et al. (US 2018/0066159 A1) have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Soyama et al. (US 2011/0313114 A1, cited in IDS) as applied to claim 1, and further in view of Karkkainen et al. (US 2018/0066159 A1) with a different reasoning.
Applicant’s arguments, see p. 1-5, filed 04/13/2026, with respect to the rejection(s) of claim(s) 15 and 26 under 35 U.S.C. 103 as being unpatentable over Soyama et al. (US 2011/0313114 A1, cited in IDS) as applied to claim 1, and further in view of Ganachaud et al. (WO 2016/102498 A1, US 2018/0265668 A1 is English language equivalent and is used for citation) have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Soyama et al. (US 2011/0313114 A1, cited in IDS) as applied to claim 1, and further in view of Ganachaud et al. (WO 2016/102498 A1, US 2018/0265668 A1 is English language equivalent and is used for citation) with a different reasoning.
Applicant’s arguments, see p. 1-5, filed 04/13/2026, with respect to the rejection(s) of claim(s) 22 under 35 U.S.C. 103 as being unpatentable over Soyama et al. (US 2011/0313114 A1, cited in IDS) as applied to claim 1, and further in view of Meng et al. (US 2019/0062495 A1, cited in IDS) have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Soyama et al. (US 2011/0313114 A1, cited in IDS) as applied to claim 1, and further in view of Meng et al. (US 2019/0062495 A1, cited in IDS) with a different reasoning.
Correspondence
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/DAVID T KARST/Primary Examiner, Art Unit 1767
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