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 .
This communication responds to the amended claim set filed 12/04/2025. Claims 1-4, 7-10, 13-14, 19-24 and 27-30 are current pending. Elected Claims 1-4, 7-10, 13-14, 19-20, 23-24 and 27-30 are under examination.
Non-elected claims 21-22 are withdrawn.
Claims 5-6, 11-12, 15-18 and 25-26 are canceled.
Claims 1-4, 7-10, 13-14, 19-20, 23-24 and 27-30 are rejected for the reasons set forth below.
The text of those sections of Title 35, U.S. Code not included in this action can be found in a previous Office Action.
Continued Examination
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 12/04/2025 has been entered.
Claim Rejections - 35 USC § 103
Claims 1-3, 7-10, 14, 19-20 and 24-25 are rejected under 35 U.S.C. 103 as being unpatentable
over Klug et al. (US20140186562)
Regarding Claim 1, Klug teaches a polymer composition comprising polyoxymethylene and a metal oxide (claim 1). Wherein the polyoxymethylene is about 65 to 98 wt.% of the polymer composition (claim 4) and contains 1 to 2 wt.% dioxolane (claim 3). Klug further teaches that the composition comprising polyethylene glycol which has a mw of from about 1000 to 5000 ([0046]). Klug further teaches the metal oxide includes magnesium oxide in an amount from 0.1 to 10 wt.% based on the total weight of the polymer composition ([0038]), accordingly, the amount of magnesium is 0.06 to 6 wt.% of the polymer composition. Klug furthermore teaches the composition comprising a hindered phenol antioxidant in the amount from 0.05 to 2 wt. % of the total weight of the polymer composition ([0044]). Thus, Klug teaches the polymer composition comprising polyoxymethylene polymer, magnesium and hindered phenol antioxidant in the amounts overlapping with the instant claimed ranges, respectively. In the case where the claimed ranges “overlap or lie inside ranges disclosed by the prior art” a prima facie case of obviousness exists (See MPEP 2144.05 I). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have selected the overlapping portion of the range taught by Klug.
Regarding Claims 2-3, Klug teaches polyoxymethylene contains dioxolane comonomers in an
amount of 1 to 2 wt.% ([0029]), the amount overlapping with the claimed less than 1.8 wt.%.
Regarding Claims 7-9, Klug teaches the polyoxymethylene composition comprising zinc oxide and magnesium oxide ([0038]). Zinc oxide and magnesium oxide are acid neutralizing agent in theory.
Klug further teaches metal oxide rendering the composition resistant to degradation of fuels produced acidity ([0004] and [0007]), therefore, it can be reasonably inferred that the metal oxides function as an acid neutralizing agents de facto. Thus, magnesium oxide reads on a second acid neutralizing agent of the composition. Klug furthermore teaches the metal oxides in an amount ranging from 0.1 to 10 wt.% ([0038]) and exemplifies zinc oxide being 1 wt.% of the composition (table 1), consequently, magnesium oxide can be 0 to 9 wt. % and content of magnesium being 0 to 5 .4 wt.% of the composition, overlapping with the claimed greater than 0.6 wt.%.
Regarding Claim 10, Klug teaches polyethylene glycol can generally be present in the polymer composition in an amount ranging from about 0.005% by weight to about 1 % by weight ([0046]), overlapping the claimed from 1 % by weight to 5% by weight.
Regarding Claim 14, Klug teaches the polymer composition comprising ethylene bis(stearamide)
([0046]).
Regarding Claim 19, Klug teaches example antioxidants are hindered phenol antioxidant and
diarylamine antioxidant ([0044]). The antioxidant(s) may be present in the polymer composition in an
amount ranging from about 0.05% to about 2 wt. % of the composition (Id.), indicating each of the
antioxidant can be 0.05% to 2 wt. % of the polymer composition.
Regarding Claim 20, as discussed in Claim 1, Klug teaches a composition comprising
polyoxymethylene containing dioxolane in the claimed amount and polyethylene glycol and metal oxide
in amounts overlapping with the claimed ranges. It would have been obvious to one of ordinary skill in
the art before the effective filing date of the claimed invention to have selected the overlapping portion of
the range taught by Klug. Therefore, Klug teaches a polyoxymethylene composition substantially
identical to the claimed polymer composition, as such the claimed properties are expected. In this case,
Klug teaches the example compositions having tensile modulus of greater than 3000 MPa (Table 2). Klug
further teaches that metal oxide rendering the composition resistant to degradation of fuels produced acidity ([0004] and [0007]). Therefore, the acid resistance and the physical properties are expected.
Regarding Claim 24, the example composition does not contain formaldehyde scavengers (Table
1).
Regarding Claim 28, it is noted that the density of polyoxymethylene is about 1.41 g/cm3. The density of polyethylene glycol and antioxidant are less than 1.41 g/cm3. The density of magnesium oxide is about 3.6 g/cm3. However, Klug discloses that the amount of polyoxymethylene can be up to 98 wt.% of the polymer composition, therefore, it can be inferred that the composition can have a density about 1.41 g/cm3 or a bit higher.
Regarding Claim 29, as discussed in claims 7-8, Klug teaches a polymer composition comprising includes magnesium oxide in an amount of magnesium from 0 to 5.4 wt.% and polyethylene glycol in an amount ranging from about 0.005% by weight to about 1 % by weight ([0046]). The amounts of magnesium and polyethylene glycol overlap the claimed ranges, respectively.
Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over Klug et al. (US20140186562)
as evidenced by Pacorr blog breaking down melt flow index testing standards: ASTM 1238 vs ISO 1133.
Klug teaches the polyoxymethylene having melt flow rate (MFR) 12-30 grams per 10 minutes at
190°C and a 2.6 kg load ([0019]) measured by ASTM D1238-82. Klug measured the MFR with a higher
load at the same temperature as the claimed ISO 1133 method. According to Pacorr blog 6th para., higher
load results smaller MFR value than the corresponding ISO 1133 value. Klug and instant application are
silent on the die diameter, however, the ASTM 1238 should result equal or smaller MFR value than the
corresponding ISO 1133 value, according to the disclosure of Pacorr blog 4th para. Thus, Klug discloses
that the polyoxymethylene having MFR greater than 10g/10min.
Claim 13 is rejected under 35 U.S.C. 103 as being unpatentable over Klug et al. (US20140186562) as applied to claim 1 above, and further in view of Yuji (JP2015209499A).
As discussed above, Klug teaches a polymer composition of instant Claim 1. Klug further teaches
that the molded article of the composition for use in fuel systems (ab.).
The difference between Klug and instant claim 13 is that Klug is silent on that the composition
comprising calcium hydroxy stearate.
However, Yuji teaches that molded articles made from polyoxymethylene composition for use in
fuel systems (p12/ln37-p13/ln2). Yuji further teaches the polyoxymethylene composition comprising
calcium 12-hydroxy stearate (p7/ln38-p8/ln8). Klug discloses that the composition can also comprise a
formaldehyde scavenger ([0012]); and Yuji discloses that calcium 12-hydroxy stearate reduces formaldehyde gas emission. Therefore, one skilled artisan would have been motivated before the effective
filing date of instant application to incorporate calcium 12-hydroxy stearate in the composition of Klug to
obtain a modified composition for reducing formaldehyde gas emission.
Claim 23 is rejected under 35 U.S.C. 103 as being unpatentable over Klug, as applied to claim 1 above, and further in view of J. Klug et al. (US20140166940 Al).
As discussed above, Klug teaches a polymer composition of instant Claim 1. Klug further teaches
that the molded article of the composition for use in fuel systems (ab.). Klug furthermore teaches the
polyoxymethylene is preferably an end-group stabilized polyoxymethylene with terminal hemiacetal
groups ([0029]) but silent on the content of hydroxyl groups.
However, J. Klug teaches that an impact modified polyoxymethylene composition comprising a
functionalized polyoxymethylene having a content of terminal hydroxyl groups of at least 5 mmol/kg
([0056]). J. Klug further teaches that the impact modified polyoxymethylene composition resistant to
aggressive fuels. Therefore, J. Klug discloses the functionalized polyoxymethylene is suitable for the
composition of Klug, as such one skilled artisan would be motivated to utilize the functionalized
polyoxymethylene in the composition of Klug because using the functionalized polyoxymethylene of J.
Klug is a simple substitution of the polyoxymethylene of Klug for a fuel resistance polyoxymethylene
composition (See MPEP 2143 I B).
Claim 28 is rejected under 35 U.S.C. 103 as being unpatentable over Klug, as applied to claim 1 above, and further in view of Kanda et al. (US2023/0374288 A1).
Klug teaches the polymer composition comprising 0.05 to 2 wt. % of a hindered phenol antioxidants.
The difference between Klug and instant claim 28 is that Klug is silent on the composition also comprising an aromatic amine antioxidant.
However, Kanda discloses a polyacetal resin composition which has excellent fuels and acid resistance ([0079]) wherein the polyacetal resin composition a polyacetal copolymer (A) in an amount of 100 parts by mass, an antioxidant (B) in an amount of 0.5 to 3.0 parts by mass, magnesium oxide (C) in an amount of more than 2.0 parts by mass and 12 parts by mass or less, carbon black (D) in an amount of 5.0 to 16 parts by mass, and polyalkylene glycol (E) in an amount of 0.5 to 3.0 parts by mass (claim 1). Kanda further discloses that the antioxidant (B) include an aromatic amine-based antioxidant and a hindered phenol-based antioxidant ([0055]).
One ordinary skilled artisan would have been motivated before the effective filing date of instant application, to incorporate an aromatic amine antioxidant taught by Kanda in the composition of Klug to make a modified composition, because both Klug and Kanda direct to fuels and acid resistance polyacetal resin composition and the compositions contain the same components.
Kanda discloses that the polyacetal resin composition can have antioxidants from 0.38% to 2.7% by weight of the composition. Klug teaches the composition comprising hindered phenol antioxidants from 0.05 to 2% by weight, therefore, the modified composition can have aromatic amine antioxidant up to 2.66% by weight, overlapping the claimed 0.01 to 0.8% by weight. In addition, as discussed at Claim 19, Klug teaches that diarylamine antioxidant may be present in the polymer composition in an
amount ranging from about 0.05% to about 2 wt. % of the composition ([0044]).
Allowable Subject Matter
Claim 30 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter: after a thorough and complete search, Examiner did not find prior art teaching or fairly suggesting a polymer composition comprising a polyoxymethylene polymer having less than 2 wt.% comonomer, at least one acid neutralizing agent comprising a magnesium compound, and wherein a total amount of all acid neutralizing agents present in the polymer composition provides a weight percent of magnesium of greater than 2.4% by weight and less than 4.1 % by weight and a polyalkylene glycol having a mean molecular weight of from 1,000 to 9,000 g/mol; and wherein the polymer composition is free of conductive metal fibers. The closest prior art is Klug discussed above; however, the polyoxymethylene polymer of Klug is compounded with a conductive metal filler (ab. and examples).
Response to Arguments
Applicant’s arguments with respect to claim 1 have been considered but are moot because Applicant’s arguments responded to rejections based on Klug (US 2014/0186562) as evidenced by Kim (US 2018/0319980) ( see the Non-final OA dated 03/05/2025 at paragraphs 7-11). New grounds of rejection have set forth above.
Conclusion
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/HUIHONG QIAO/Examiner, Art Unit 1763
/CATHERINE S BRANCH/Primary Examiner, Art Unit 1763