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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 01/08/2026 has been entered.
Claim Status
Claims 4, 12, and 14-15 are cancelled. Claim 9 is withdrawn. Claim 1 has been amended to introduce features of canceled claim 4 and further clarify the subject matter. Support for amendments can be found in the specification on p. 2 ll. 5 and p. 15, ll. 8-10, and table 3. Claims 1-3, 5-11, 13, and 16-23 are pending.
Response to Arguments
Applicant’s arguments, see p. 1, filed 01/08/2026, with respect to rejection of claim 3 under 35 U.S.C. 112(d) have been fully considered and are persuasive. The rejection of claim 3 under 35 U.S.C. 112(d) has been withdrawn.
Applicant’s arguments, see p. 1-3, filed 01/08/2026, with respect to the rejection of claims 1-7, 11, and 16-23 under 35 U.S.C. 102(a)(1) as being anticipated by Naumovitz et. al. (US 2013/0233383 A1have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made of claims 1-3, 5-8, 10-11, and 16-23 under 35 U.S.C. 103 over Naumovitz et. al. (US 2013/0233383 A1), in view of Kazuo et al (US 4,732,939 A).
Applicant’s arguments, see p. 2, filed 01/08/2026, with respect to the rejection of claims 1-3, 5-7, 11, 20, and 23 under 35 U.S.C. 102(a)(1) as being anticipated by Hjertberg et. al. (EP 2690115 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 Therefore, the rejection has been withdrawn.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 of claims 1-3, 5-8, 10-11, 20, and 23 under 35 U.S.C. 103 over Hjertberg et. al.
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claims 1-3, 5-8, 10-11, and 16-23 are rejected under 35 U.S.C. 103 over Naumovitz et. al. (US 2013/0233383 A1), in view of Kazuo et al (US 4,732,939 A).
Naumovitz et. al. teaches a method of preparing a polymer composition from peroxide-initiated grafting of vinyl trimethoxysilane to copolymers prepared from ethylene and 1-octene [instant claims 1, 5, 11, 19 & 20; p. 0162, 0168, table 1, p. 0183].
The ethylene-octene copolymers taught by Naumovitz et. al. have a melt index of 0.5 to 4.3 g/ 10 min (190°C / 2.16 kg) and a density of 868 to 876 kg/ m3, which lies within the ranges of claims 1, 17, and 18 [table 1]. Naumovitz et. al. exemplifies the preparation of a silane-grafted copolymer composition having a final silane content of 1.6% by weight, which lies within the ranges of claims 7 and 22 [p. 0202]. In the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists. In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990).
The polymer composition taught by Naumovitz et. al. comprise stabilizers, including sterically hindered phenols such as Irganox 1076 and Irganox 1010 (Irganox 1010 = Pentaerythritol tetrakis(3-(3,5-di-tert-butyl-4-hydroxyphenyl)propionate); Irganox 1076 = Octadecyl 3-(3,5-di-tert-butyl-4-hydroxyphenyl)propionate) [instant claims 1 & 6; p. 0183, 0153].
Naumovitz teaches the composition is pelletized and fed into a film extruder for film casting, wherein the prepared film is stored in an aluminum bag to avoid UV-radiation and moisture [claims 1, 2, 3 & 16; p. 0186]. Naumovitz is silent with respect to transferring polymer pellets to a container with at least one barrier layer.
Kazuo teaches a flame-retardant olefin composition consisting mainly of a silane-grafted ethylene-alpha-olefin copolymer, having an average density of 0.890 to 0.915 g/cm-3 [abstract]. Kazuo teaches silane-grafted polymers, when stored as a material, are required to be kept in a bag having an aluminum lining, in order to prevent undesirable crosslinking before use due to water absorption; wherein the composition has been sealed in a dry container for three months with no problems [c. 9, ll. 27-30]. Kazuo further exemplifies the silane grafted ethylene-alpha-olefin copolymers being extruded into pellets and stored separately in a sealed aluminum-laminated bag to isolate from external moisture. They were taken out from the respective bags, when necessary, in required amounts [c. 10, ll. 50-55].
In light of this, it would have been obvious to one having ordinary skill in the art at the time the invention was filed to store the polymer pellets of Naumovitz in sealed aluminum laminated bags in order to prevent undesirable crosslinking from water absorption, as Kazuo teaches this method of storage allows polymer pellets of a similar composition to be stored for up to 3 months without a degradation in polymer properties.
Regarding claim 8; Naumovitz et. al. exemplifies the use of 0.01 wt. % Irganox 1076 and 97.34 wt. % of ethylene-octene copolymer to prepare silane-grafted copolymers (Irganox 1076 = Octadecyl 3-(3,5-di-tert-butyl-4-hydroxyphenyl)propionate) [p. 0183, example 6, table 6]. Although the Irganox 1076 and copolymer are included in amounts that anticipate their respective claimed ranges, the composition of Naumovitz et. al. includes additional stabilizers [table 6], whereas the claimed invention limits the composition to comprising only A and B, as the total amount of A and B must equal 100 wt. %.
Naumovitz et. al. teaches phenolic antioxidants, including Irganox 1010, may comprise 0.02 to 0.06 wt. % of the compounded polymeric composition and the polymeric composition may comprise less than 10 percent by the combined weight of one or more such additives, based on the weight of the ethylenic polymer [p. 0153]. In addition, Naumovitz et. al. teaches residual peroxide, after chemical crosslinking, can promote oxidation and degradation of polymers, and antioxidants can help stabilize the polymers [p. 0006, 0009].
It would be obvious to one having ordinary skill in the art at the time the invention was filed to utilize the phenolic antioxidant in the ranges taught by Naumovitz et. al. to deter oxidation and degradation of a polymeric composition prepared by peroxide-initiated grafting of a vinyl trimethoxysilane to an ethylenic polymer .
Claim 21 only limits claim 6 when the stabilizer is alkyltrialkoxysilane. The applicants elected the sterically hindered phenol stabilizer in the reply filed on December 19, 2024.
Claims 1-3, 5-8, 10-11, 20, and 23 are rejected under 35 U.S.C. 103 over Hjertberg et. al. (EP 2690115 A1).
Hjertberg et al is directed at a method of preparing a polyethylene composition grafted with vinyltrimethoxysilane (VTMS) having a final content of grafted silane of 0.25 wt% and 0.5 wt% VTMS, based on the total weight of the grafted polyethylene, and 0.11 wt % Irganox 1010 [Material C, Material D; p. 0113-0122]. The VTMS grafting and addition of Irganox 1010 occur simultaneously on an extrusion line. Hjertberg teaches the polymer strands coming out of the extrusion line are pelletized and stored in aluminum packages [p. 0113-0122].
Hjertberg teaches the cross-linkable polyolefin base resin having hydrolysable silicon-containing groups may be prepared by a silicon-grafting procedure and then preferably has a density of 920 kg/m3 or more [p. 0061].
Hjertberg further teaches a cross-linkable polyolefin base resin having hydrolysable silicon-containing groups may also be obtained by a polymerization of olefin monomers and silicon group-containing monomers and then preferably has a density of 900 to 940 kg/m3. [p. 0062]. In the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists. In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990).
Regarding claims 8 and 10; Hjertberg teaches it is preferable that the polyolefin composition having hydrolysable silicon-containing groups comprises 90 to 99 wt% of the composition [p. 0065]. Hjertberg further teaches stabilizers, including Irganox 1010, comprise 10 wt % or less of the composition [p. 0067-0068, 0070]. In the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists.
Claim 13 is rejected under 35 U.S.C. 103 as being unpatentable over Naumovitz et. al. (US 2013/0233383 A1), in view of Kazuo et al (US 4,732,939 A), and further in view of Allerman (US 7,153,571 B2).
As discussed above, Naumovitz et. al. teaches phenolic stabilizers, including Irganox 1076 and Irganox 1010, may comprise 0.01 to 10 wt. % of the polymeric composition, which reads over the claimed range for component (B) [p. 0153, 0183, and table 6]. Naumovitz et. al. also discloses the storage of the polymeric composition in an aluminum bag to avoid UV-radiation and moisture [p. 0186]. Naumovitz et. al. discloses melt indices of prepared ethylene-octene copolymers range from 0.5 to 4.3 g/ 10 min (190°C / 2.16 kg) and density ranges from 868 to 876 kg/ m3 [table 1]. However, Naumovitz et. al. is silent with respect to the melt indices of the copolymers after grafting with vinyl trimethoxysilane.
Allerman teaches the peroxide-initiated grafting of vinyl trimethoxysilane to ethylenic polymers in the presence of Irganox 1706 [c. 24, lines 30-40]. Allerman teaches the melt indices of ethylenic polymers are minimally impacted by silane grafting as exemplified by: 1.0 to 1.0, 2.0 to 1.96, and 2.3 to 2.31 (g/ 10 min); before and after grafting, respectively, as measured at 190°C / 2.16 kg [c. 22, lines 45-55; table 6; table 11].
In light of this, it would be obvious to one having ordinary skill in the art at the time the invention was filed that the copolymers of Naumitz et. al. would satisfy the claimed range of 0.1 to 20.0 g/ 10 min as, prior to grafting, the copolymers of Naumitz et. al. ranged from 0.5 to 4.3 g/ 10 min and Allerman demonstrated the minimal impact of vinyl trimethoxy silane grafting on melt indices of ethylenic polymers.
Conclusion
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/HOLLEY GRACE HESTER/Examiner, Art Unit 1766
/RANDY P GULAKOWSKI/Supervisory Patent Examiner, Art Unit 1766