DETAILED ACTION
WITHDRAWN REJECTIONS
1. The rejections under 35 U.S.C. 103, of record in the previous Action, are withdrawn.
NEW REJECTIONS
Claim Rejections - 35 USC § 103
2. 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.
3. Claim(s) 1 – 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kuwamoto et al (JP 06 – 294485 A; English translation) in view of Dadgar et al (U.S. Patent No. 6,235,844 B1) and Day et al (WO 99/46334 A1) and Sato (U.S. Patent Application Publication No. 2018/0170104 A1) and Matweb (UBE 1022B) and Matweb (ExxonMobil EXXPRO 3745) and Soliao (UBE 7024).
With regard to Claim 1, Kuwamoto et al disclose a refrigerant – transporting hose (paragraph 0009) for an air – conditioner (paragraph 0001) comprising a sea – island structure comprising a sea, therefore matrix, that is nylon and islands, therefore domains, that are a brominated copolymer of isobutylene and paramethyl styrene (paragraph 0009), therefore an elastomer. The disclosure of Kuwamoto et al differs from Example 2 of the instant specification because a composition is not disclosed that comprises 20% nylon 6 by weight and 20% nylon 12 by weight and 60% of the brominated copolymer of isobutylene and paramethyl styrene by weight, or nylon that is thermoplastic or the disclosed amount of magnesium stearate.
Dadgar et al teach an article, because molding is disclosed (column 16, lines 23 – 36), comprising a thermoplastic nylon which is polyamide, which is blended with a brominated styrenic polymer (column 15, lines 17 – 30) that is a copolymer of paramethyl styrene (column 5, lines 30 – 43) or is blended with a masterbatch comprising the thermoplastic nylon blended with the brominated styrenic copolymer in a weight ratio of 1:99 to 70:30 (column 15, lines 52 – 62) for the purpose of obtaining an article that is flame retardant (column 1, lines 10 – 14). Dadgar et al is in the same field of endeavor, which is thermoplastic nylon as evidenced by column 15, lines 17 – 30.
It therefore would have been obvious for one of ordinary skill in the art for the hose disclosed by Kuwamoto et al to comprise a composition that is a masterbatch comprising the thermoplastic nylon and the brominated styrenic copolymer in a weight ratio of 1:99 to 70:30 in order to obtain flame retardance as taught by Dadgar et al. The thermoplastic nylon taught by Dadgar et al is a mixture of nylon 6 and another nylon (column 15, lines 52 – 62).
Day et al teach a composition comprising a nylon homopolymer ‘A’ in the amount of 30 to 99% by weight and a copolymer of A with a second ‘A’ which is denoted ‘B” in the amount of 1 to 70% by weight (page 10, lines 14 – 26), ‘A’ comprising nylon 6 and nylon 12 (page 8, lines 15 – 21) for the purpose of obtaining a melting temperature equal to the homopolymer (page 6, lines 28 – 31). Day et al is in the same field of endeavor, which is nylon as evidenced by page 10, lines 14 – 26).
It therefore would have been obvious for one of ordinary skill in the art for
the polyamide taught by Dadgar et al to comprise nylon 6 a in the amount of 30 to 99% by weight and nylon 6/12 in the amount of 1 to 70% by weight in order to obtain a melting temperature equal to the homopolymer as taught by Day et al. Although the disclosed ranges of amount of nylon 6 and nylon 6/12 are not identical to the ranges disclosed in Example 13 of the instant specification, the disclosed ranges overlap the claimed ranges. It would have been obvious for one of ordinary skill in the art to provide for any amount within the disclosed range, including those amounts that overlap the claimed range. MPEP 2144.05.
Sato teaches a brominated styrenic copolymer (paragraph 0032) comprising magnesium stearate (paragraph 0040) in the amount of 0.3 to 30 parts by mass, for the purpose of adding a processing aid (paragraph 0041). Sato is in the same field of endeavor, which is brominated styrenic copolymer as evidenced by paragraph 0041.
It therefore would have been obvious for one of ordinary skill in the art for the composition to comprise magnesium stearate, as disclosed in Example 2, in the amount of 0.3 to 30 parts by mass in order to obtain a processing aid as taught by Sato.
Matweb (UBE 1022B) teaches the use of UBE 1022B as a nylon 6 that is polyamide 6 for the purpose of obtaining articles by molding that is injection molding (first page).
It therefore would have been obvious for one of ordinary skill in the art for the nylon 6 taught by Dadgar et al to comprise UBE 1022B, as disclosed in Example 2, in order to obtain articles by molding that is injection molding as taught by Matweb (UBE 1022B).
Matweb (UBE 3012U) teaches the use of UBE 3012 as a nylon 12 for the purpose of obtaining a layer of a tube by coating or molding (first page).
It therefore would have been obvious for one of ordinary skill in the art for the nylon 12 taught by Dadgar et al to comprise UBE 3012U, as disclosed in Example 2, in order to obtain a tube layer by coating or molding as taught by Matweb (UBE 3012U).
Matweb (ExxonMobil EXXPRO 3745) teaches the use of EXXPRO 3745 as a brominated styrenic copolymer for the purpose of obtaining a white or amber color (first page).
It therefore would have been obvious for one of ordinary skill in the art to the brominated styrenic copolymer to comprise EXXPRO 3745 in order to obtain a white or amber color as taught by Matweb (EXXPRO 3745).
Soliao (UBE 7024) teaches the use of UBE 7024 for indirect food contact, for the purpose of obtaining good surface appearance (first page)
It therefore would have been obvious for one of ordinary skill in the art for the nylon 6/12 taught by Katahira to be UBE 7024 for indirect food contact, including the refrigerant transporting hose for an air conditioner disclosed by Kuwamoto et al, in order to obtain good surface appearance as taught by Soliao (UBE 7024). The claimed oxygen permeability coefficient, water vapor permeability coefficient and 10% modulus would therefore be obtained.
With regard to Claim 2, the claimed water vapor permeability coefficient would therefore be obtained.
With regard to Claim 3, the claimed oxygen permeability coefficient would therefore be obtained.
With regard to Claim 4, the claimed 10% modulus would therefore be obtained.
With regard to Claim 5, the claimed water vapor permeability coefficient would therefore be obtained.
With regard to Claims 6 – 7, the claimed water vapor permeability coefficient would therefore be obtained.
With regard to Claim 8, the elastomer is therefore butyl rubber.
With regard to Claims 9 – 10, a processing aid is therefore obtained that is a fatty acid metal salt.
ANSWERS TO APPLICANT’S ARGUMENTS
4. Applicant’s arguments regarding the rejections of the previous Action have been considered have been found to be persuasive. The rejections are therefore withdrawn. Applicant’s arguments are moot because of the new rejections above
5. Any inquiry concerning this communication or earlier communications from the examiner should be directed to MARC A PATTERSON whose telephone number is (571)272-1497. The examiner can normally be reached on 9AM-5PM M-F.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Aaron Austin, can be reached on 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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/MARC A PATTERSON/Primary Examiner, Art Unit 1782