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 .
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.
Claim(s) 1-3 and 12-15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hale (2006/0270806) in view of Daga et al. (2015/0099845).
Regarding claims 1, 3 and 14: Hale teaches a copolyester composition comprising up to 99 wt% of a copolyester [0017-0020] that comprises:
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Hale teaches examples with 100 mole % terephthalic acid residues, 80 mole % 1,4-cyclohexanedimethanol residues, and 20 mole % 2,2,4,4-tetramethyl-1,3-cyclobutanediol [Examples 13-14; Table 13]; and 5 wt% of a phosphate ester flame retardant [0517-0518] to provide a UL 94 V-2 rating [0517]. Hale teaches oligomeric aryl phosphate ester flame retardants [0519]. Hale teaches a notched Izod impact strength of a 1/8” bar (3.2 mm) of at least 400 joules/m [0363] and a haze of a 3.2 mm sample of 0.2 to 3.0% [0550].
The amount of copolyester in Hale overlaps the claimed range.
The subject matter as a whole would have been obvious to one having ordinary skill in the art prior to the effective filing date of the claimed invention, since it has been held that choosing the overlapping portion, of the range taught in the prior art and the range claimed by the applicant, has been held to be a prima facie case of obviousness, see In re Malagari, 182 USPQ 549, In re Geisler 43 USPQ2d 1365 (Fed. Cir. 1997); In re Woodruff, 16 USPQ2d 1934 (CCPA 1976) and MPEP 2144.05.
Hale fails to teach the claimed polymer.
However, Daga et al. teach that Fyroflex Sol-DP is a commercially available oligomeric phosphate ester flame retardant for polyester copolymers [0191].
It would have been obvious to one of ordinary skill before the effective filing date of the claimed invention to use Fyroflex Sol-DP as taught by Daga et al. as the flame retardant in Hale to provide a commercially available flame retardant. It is a simple substitution of one known element for another to provide predictable results. It is a solid and the only phosphorus flame retardant in the composition.
Regarding claim 2: Hale teaches an impact modifier [0390, 0520].
Regarding claim 12: Hale teaches 0.2 to 20 percent of polytetrafluoroethylene (drip suppressant) [0424-0425].
The amount of polytetrafluoroethylene in Hale overlaps the claimed range.
The subject matter as a whole would have been obvious to one having ordinary skill in the art prior to the effective filing date of the claimed invention, since it has been held that choosing the overlapping portion, of the range taught in the prior art and the range claimed by the applicant, has been held to be a prima facie case of obviousness, see In re Malagari, 182 USPQ 549, In re Geisler 43 USPQ2d 1365 (Fed. Cir. 1997); In re Woodruff, 16 USPQ2d 1934 (CCPA 1976) and MPEP 2144.05.
Regarding claim 13: Hale teaches example copolyesters that do not include 1,3-propanediol [Examples; Table 13].
Regarding claim 15: Hale teaches a notched Izod impact strength of at least 1000 J/m [0363].
Response to Arguments
Applicant's arguments filed 12/11/2025 have been fully considered but they are not persuasive.
The Applicant has made the argument that Hale fails to teach the claimed flame retardant. This has been remedied by the addition of Daga et al.
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.
Contact Information
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOHN USELDING whose telephone number is (571)270-5463. The examiner can normally be reached on M-F 8am to 6:30pm.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Joseph Del Sole can be reached on 571-272-1130. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JOHN E USELDING/ Primary Examiner, Art Unit 1763