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 is responsive to claim set filed 11/06/2025. Claims 1-2, 6-8 and 15 are currently pending. Claims 3-5, 9-14 and 16-18 are canceled. Claims 6-8 are withdrawn.
The 35 USC 102 rejection based on Mileva et al. (WO2019002294Al) at para. 7 of the non-final Office Action dated 05/07/2025 is WITHDRAWN because Mileva does not disclose the nucleating agent is a compound represented by the general formula (1).
The 35 USC 102 rejection based on Grein et al. (EP2154194Al) at para. 8 of the non-final Office Action dated 05/07/2025 is WITHDRAWN because Grein discloses that the composition is free of filler (claim 1).
The rejections based on Mizushima et al. (WO2017150662Al) at para. 9-10 of the non-final Office Action dated 05/07/2025 is WITHDRAWN because Examples of Mizushima contain sodium stearate.
The double patenting rejections dated 05/07/2025 are WITHDRAWN because none of the patent or patent applications claims meets all of the structural limitations of instant Claim 1 or Claim 2.
The 35 USC 103 rejection based on Tse et al. (US20060189744 Al) at para. 11 of the non-final Office Action dated 05/07/2025 is MAINTAINED.
The new grounds of rejection set forth below are necessitated by applicant's amendment filed on 11/05/2025. In particular, each of claim 1 and claim 2 is added a new limitation that the resin composition does not comprise sodium stearate. Thus, the following action is properly made final.
The text of those sections of Title 35 U. S. Code not included in this action can be found in a previous Office Action.
Claim Rejections - 35 USC § 103
Claims 1-2 are rejected under 35 U.S.C. 103 as being unpatentable over Tse et al.
(US20060189744 Al).
Tse teaches a resin composition comprising a polyolefin resin and a nucleating agent (ab.), wherein the commercial nucleating agent NA-11 is one of the preferred nucleating agent (Table 1). NA-11 has the structure of the claimed general formula (1). Tse further teaches the resin composition comprising a filler ([0340]) and a thermoplastic elastomer ([0126]). Futhermore, the examples of Tse do not contain sodium stearate. Moreover, Tse discloses that addition of the nucleating agent to polyolefin making the composition having a high crystallization rate ([0004] and [0028]), therefore, one skilled artisan would reasonably infer that both t2/t1 and T2/T1 of the resin composition < 1.
However, Tse is silent on the specific values, nonetheless, the claimed t2/t1 and T2/T1 are related to crystallization rate. A faster crystallization has advantages such as shortening molding cycle time, improving transparency of a molded article, however, a faster crystallization has the disadvantage of reducing impact resistance. Thus, one skilled artisan must balance the advantages and disadvantage caused by crystallization rate, therefore, the t2/t1 and T2/T1 values would be considered a result effective variable before the effective filling date of instant application. As such, without showing unexpected results, the claimed t2/t1 ratio or T2/T1 values cannot be considered critical. Accordingly, one of ordinary skill in the art before the effective filing date of instant application would have optimized, by routine experimentation, the t2/t1 and T2/Tl values to reach a desired crystallization speed, consequently, resulting in shorter molding cycle time, improved transparency of a molded article balanced with acceptable impact resistance; since it has been held that where the general conditions of the claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. (See MPEP 2144.05(b ).)
Response to Arguments
Applicant’s arguments on Mizushima et al. (US 11,999,838 Bl). have been considered but are moot because the above rejection does not rely on Mizushima.
Regarding Applicant’s argument that Tse et al. US '744 fails to disclose or suggest the claimed features of the present invention,
In response: the disclosure of Tse has discussed above. Although the preferred embodiments of Tse do not include elastomer and filler, this does not negate a finding of obviousness under 35 USC 103 since a preferred embodiment such as an example is not controlling. Rather, all disclosures "including unpreferred embodiments" must be considered (see MPEP 2123 I).
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 HUIHONG QIAO whose telephone number is (571)272-8315. The examiner can normally be reached 9AM - 5PM.
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/HUIHONG QIAO/Examiner, Art Unit 1763
/CATHERINE S BRANCH/Primary Examiner, Art Unit 1763
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