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 .
Status of Claims
Claims 1-22 are pending in the current application.
Claims 12-21 are withdrawn from consideration in the current application.
Claims 2-7, 10, 11, 13, 16, 18 and 19 are amended in the current application.
Response to Arguments
Applicant's remarks and amendments filed December 29, 2025 have been fully considered.
Applicant requests withdrawal of the rejection under 35 USC 112(b) set forth in the previous office action.
The rejection under 35 USC 112(b) set forth in the previous office action is withdrawn due to the present claim amendments.
Applicant argues that present claim 1 recites a graft copolymer, whereas Yanagimoto discloses a blend of an olefin resin comprising a main chain of a copolymer of ethylene and an alpha olefin and side chains of a propylene polymer.
This is not persuasive for the following reasons. While Yanagimoto discloses an olefin resin, the olefin resin specifically comprises a grafted olefin copolymer that satisfies the claimed graft copolymer (Yanagimoto, Abstract, [0020]-[0028], [0049], [0056]-[0064]). Yanagimoto’s grafted copolymer comprises an ethylene/alpha-olefin main chain polymer that is a low-crystalline polymer (i.e., a semicrystalline polyethylene segment) and chemically bound (covalently bonded) grafted sidechain isotactic polypropylene polymers that are crystalline (i.e., a semicrystalline polypropylene segment) (Yanagimoto, [0058], [0081], [0106], [0130]-[0132]).
Yanagimoto’s grafted copolymer, whether taken independently or as part of a resin blend, satisfies the claimed graft copolymer. It is noted that there are no limitations or restrictions within the claims that preclude the graft copolymer from being part of a resin blend, and to the contrary, claims 9-11 and 22 require the graft copolymer to be part of a resin blend with other polymers.
Applicant asserts that Yanagimoto’s low-crystallinity ethylene/alpha-olefin main chain polymer is not a “semi-crystalline” segment, because of various disclosures in Yanagimoto discussing low Tg, low elastic modulus properties, and content of other non-crystalline segments.
This is not persuasive for the following reasons. It is noted that the features upon which applicant relies (i.e., Tg, elastic modulus, exclusion of non-crystalline segments, and a quantitative definition of “semi-crystalline”) are not recited in the rejected claims. Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993). The present claims do not quantitatively recite or require any of the aforementioned properties referred to by Applicant. The present claims and specification as originally filed also fail to provide a quantitative definition of the term “semi-crystalline.” The specification at [0052] articulates that polymer domains may be crystalline, semi-crystalline, or amorphous. Therefore, a plain meaning of the term in the field of polymer science is reasonably applied, where “semi-crystalline” is interpreted to mean any polymer/polymer segment exhibiting both highly ordered (crystalline) regions (domains) and disordered (amorphous) regions (domains). Yanagimoto’s ethylene/alpha-olefin main chain polymer exhibiting low-crystallinity is therefore considered to clearly fall within Applicant’s polymer domain scope of being semi-crystalline.
Moreover, it is noted that “the arguments of counsel cannot take the place of evidence in the record,” see MPEP 2145, I. It is the examiner’s position that the arguments provided by the Applicant (regarding low Tg and low elastic modulus properties being necessarily and exclusively associated with non-crystalline polymers) must be supported by objective evidence, a declaration, or an affidavit. As set forth in MPEP 716.02(g), “the reason for requiring evidence in a declaration or affidavit form is to obtain the assurances that any statements or representations made are correct, as provided by 35 U.S.C. 24 and 18 U.S.C. 1001.”
Claim Objections
Claim 7 is objected to because of the following informalities:
Claim 7 recites “wherein the graft copolymer comprises are saturated or unsaturated aliphatic end groups.” This recitation includes an unnecessary “are,” and should be amended to recite “wherein the graft copolymer comprises
Appropriate correction is required.
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 1 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by Yanagimoto et al. (US 2017/0096514 A1).
Regarding Claim 1, Yanagimoto teaches an olefin-based graft copolymer comprising an ethylene/alpha-olefin main chain (i.e., a main chain comprising polyethylene segments) and side chains of isotactic polypropylene polymers (i.e., isotactic polypropylene iPP pendant groups bonded to the main chain) that are chemically bound to each other (covalently bonded to each other) (Yanagimoto, Abstract, [0020]-[0028], [0058], [0078]-[0082], [0106]). Yanagimoto teaches the ethylene/alpha-olefin main chain polymer is a low-crystalline polymer (i.e., a semicrystalline polyethylene segment) and the grafted isotactic polypropylene polymers are crystalline (i.e., a semicrystalline polypropylene segment) (Yanagimoto, [0058], [0081], [0106], [0130]-[0132]).
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.
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.
Claims 2-5, 7-11, and 22 are rejected under 35 U.S.C. 103 as being unpatentable over Yanagimoto et al. (US 2017/0096514 A1) as applied to claim 1.
Regarding Claim 2, Yanagimoto teaches the olefin-based graft copolymer as discussed above for claim 1. Yanagimoto teaches the ethylene/alpha-olefin main chain (main chain comprising polyethylene segments) has a weight average molecular weight of 50,000 to 200,000 Daltons (g/mol) (Yanagimoto, [0028]). Yanagimoto does not measure number average molecular weight. However, since Yanagimoto’s weight average molecular weight range of 50,000 to 200,000 Daltons falls well within the broadly claimed number average molecular range of 25,000 to 1,000,000 Daltons, one of ordinary skill in the art would readily understand that if Yanagimoto’s olefin-based graft copolymer main chain number average molecular weight was measured it would necessarily include embodiments that render obvious the claimed range with a predictable and reasonable expectation of success (MPEP 2143, MPEP 2144.05).
Regarding Claim 3, Yanagimoto teaches the ethylene/alpha-olefin main chain (main chain comprising polyethylene segments) has a weight average molecular weight of 50,000 to 200,000 Daltons (g/mol) (50-200 kDa) (Yanagimoto, [0028]). Yanagimoto teaches the ratio of the propylene side chains in the olefin-based graft copolymer is from 5-60 wt% (Yanagimoto, [0022]-[0024]). An average uniform distribution of propylene side chains along the ethylene/alpha-olefin main chain yields an average main chain segment number average molecular weight between propylene side chains of (0.05*200 kDa)= 10 kDa to (0.60*50 kDa)= 30 kDa. The ethylene/alpha-olefin main chain contains 50-90 mol% of ethylene units (PE segments) and 10-50 mol% of alpha-olefin units (Yanagimoto, [0069]). Therefore, the number average molecular weight between propylene side chains range of 10-30 kDa is adjusted for the ratio of ethylene units (PE segments) to yield (0.5*10 kDa)= 5 kDa to (0.9*30 kDa)= 27 kDa. Yanagimoto does not measure number average molecular weight. However, since Yanagimoto’s weight average molecular weight range of 5-27 kDa falls within the broadly claimed number average molecular range of 1 to 100 kDa, one of ordinary skill in the art would readily understand that if Yanagimoto’s olefin-based graft copolymer PE segment number average molecular weight between each iPP side chain was measured it would necessarily include embodiments that render obvious the claimed range with a predictable and reasonable expectation of success (MPEP 2143, MPEP 2144.05).
Regarding Claim 4, Yanagimoto teaches the ratio of the propylene side chains in the olefin-based graft copolymer is from 5-60 wt% (5/100 to 60/100; i.e., 5-60 per 100) (Yanagimoto, [0022]-[0024]). Yanagimoto’s range overlaps the claimed range of 1-50, and therefore, renders obvious the claimed range (MPEP 2144.05).
Regarding Claim 5, Yanagimoto teaches the ethylene/alpha-olefin grafted side chain (isotactic polypropylene iPP pendant groups) has a weight average molecular weight of 5,000 to 100,000 Daltons (g/mol) (Yanagimoto, [0028]). Yanagimoto does not measure number average molecular weight. However, since Yanagimoto’s weight average molecular weight range of 5,000 to 100,000 Daltons overlaps with the claimed number average molecular range of 1,000 to 50,000 Daltons, one of ordinary skill in the art would readily understand that if Yanagimoto’s olefin-based graft copolymer side chain number average molecular weight was measured it would necessarily include embodiments that render obvious the claimed range with a predictable and reasonable expectation of success (MPEP 2143, MPEP 2144.05).
Regarding Claim 7, Yanagimoto teaches the polypropylene iPP pendant groups can have unsaturated aliphatic groups (Yanagimoto, [0089]-[0096]).
Regarding Claim 8, Yanagimoto teaches the ethylene/alpha-olefin main chain contains 50-90 mol% of ethylene units (PE segments) and 10-50 mol% of alpha-olefin comonomer units that can include propylene (Yanagimoto, [0066]-[0069]).
Regarding Claim 9, Yanagimoto teaches a graft copolymer blend comprising one or more olefin-based graft copolymer as discussed above for claim 1 and a propylene resin α formed of a polypropylene homopolymer (Yanagimoto, [0428]-[0436]). Yanagimoto teaches the propylene resin α can be an isotactic polypropylene having an isotactic pentad fraction of 97.8% (Yanagimoto, [0535]-[0543], [0549]-[0558]).
Regarding Claim 10, Yanagimoto teaches the graft copolymer blend comprises a propylene resin α example formed of an ethylene/polypropylene copolymer having a molar ratio of ethylene of 0.23 and therefore, a complement molar ratio of propylene (iPP) of 0.77 (Yanagimoto, [0555]-[0558], Table 2). Yanagimoto’s example ratio of 0.77/0.23 (77/23) falls within the claimed ratio of 1/99 to 99/1, and therefore, satisfies the claimed ratio (MPEP 2131.03).
Regarding Claim 11, Yanagimoto teaches the graft copolymer blend comprises the one or more olefin-based graft copolymer as discussed above for claim 1 are included in an amount of 2-50 parts by weight relative to 100 total parts by weight of the blend (i.e., 2-50 wt%) (Yanagimoto, [0428]-[0436]). Yanagimoto’s range overlaps the claimed range of 0.1-20 wt%, and therefore, renders obvious the claimed range (MPEP 2144.05).
Regarding Claim 22, Yanagimoto teaches a molded article comprising the graft copolymer blend as discussed above for claim 9 (Yanagimoto, [0428]-[0451]).
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Yanagimoto et al. (US 2017/0096514 A1) as applied to claim 1 above as further evidenced by Ohtaki et al. (Allyl-Terminated Polypropylene Macromonomers: A Route to Polyolefin Elastomers with Excellent Behavior, Macromolecules 2015, 48, 7489-7494).
Regarding Claim 6, Yanagimoto teaches the olefin-based graft copolymer as discussed above for claim 1. Yanagimoto teaches the olefin-based graft copolymer comprises the ethylene/alpha-olefin main chain (main chain comprising polyethylene segments) of 50-90 mol% of ethylene and 10-50 mol% of an alpha-olefin such as propylene, and the side chains of isotactic polypropylene polymers (isotactic polypropylene iPP pendant groups bonded to the main chain) that are chemically bound to each other (covalently bonded to each other) (Yanagimoto, Abstract, [0020]-[0028], [0058], [0078]-[0082], [0106]). Ohtaki provides a depiction of PEP-g-iPP (polyethylene/propylene-g-isotactic polypropylene graft copolymer), and provides evidence that the depicted structure of polyethylene and propylene (PEP) segments in a main chain and iPP segment side chains (pendant groups) are well known in the art (Ohtaki, Pgs 7489-7491, Scheme 1, Table 1). Yanagimoto’s olefin-based graft copolymer main chain has a weight average molecular weight of 50,000 to 200,000 Daltons (g/mol) (Yanagimoto, [0028]). Yanagimoto’s ethylene/alpha-olefin grafted side chain (isotactic polypropylene iPP pendant groups) has a weight average molecular weight of 5,000 to 100,000 Daltons (g/mol) (Yanagimoto, [0028]). Utilizing a basis example ethylene/alpha-olefin graft copolymer of PEP-g-iPP having 50-90 mol% of ethylene segments (molecular weight = 28.06 g/mol) and 10-50 mol% of propylene (molecular weight = 42.09 g/mol); and 100 mol% of iPP side chain segments:
number of ethylene segments (represented by m in claim 6) approximately equal (0.50*50,000 g/mol)/(28.06 g/mol)= ~891 to (0.90*200,000 g/mol)/(28.06 g/mol)= ~6415. Yanagimoto’s number of ethylene segments range overlaps the claimed range of m= 36 to 3600, and therefore, renders obvious the claimed range (MPEP 2144.05).
number of iPP side chain segments (represented by n in claim 6) approximately equal (5,000 g/mol)/(42.09 g/mol)= ~119 to (100,000 g/mol)/(42.09 g/mol)= ~2376. Yanagimoto’s number of iPP side chain segments range overlaps the claimed range of n= 24 to 1200, and therefore, renders obvious the claimed range (MPEP 2144.05).
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Ohtaki – Scheme 1
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 ELI D STRAH whose telephone number is (571)270-7088. The examiner can normally be reached M-F 9 am - 7 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Aaron Austin can be reached at 571-272-8935. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Eli D. Strah/Primary Examiner, Art Unit 1782