DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Response to Amendment
The amendment of claims 1, 5 are supported by the specification.
Any rejections and/or objections made in the previous Office action and not repeated below are hereby withdrawn.
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
The new grounds of rejection set forth below are necessitated by applicant's amendment filed on 10/16/2025. Thus, the following action is properly made final.
Claim Rejections - 35 USC § 103
Claims 1, 3, 5-6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Malatesta et al (WO 2005/047384) in view of Mueller et al (US 2020/0087486, equivalent with WO 2018/177846).
Claim 1, 3, 5: Malatesta teaches a mixture containing a triazine compound, a hindered amine and hydroxybenzophenone compound. The hydroxybenzophenone compound is Cyasorb UV 531 2-hydroxy-4-n-octoxybenzophenone (11:15-20)
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. The triazine compound is Cyasorb UV 1164 2- [4, 6-bis (2, 4-dimethylphenyl)-1, 3, 5-triazin-2-yl]-5- (octyloxy) phenol
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. (3:20-4:28). The weight ratio of triazine compound to hydroxybenzophenone compound can be 0.045:0.045 = 1:1 (example 1, table 1). The hindered amine compound may be any suitable hindered amine compound (3:20).
Malatesta does not teach the hindered amine compound as claimed.
However, Mueller discloses a similar composition comprising a hindered amine and a triazine compound, the hindered amine compounds can be
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[0014-0015], the stabilizer mixture further contains
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and 4-octyloxy-2-hydroxy benzophenone [0023, 0095]. Therefore, it would have been obvious to one of ordinary skill in the art at the time the invention was made to utilize the hindered amine compounds of Mueller in the composition of Malatesta because Malatesta teaches the hindered amine compound may be any suitable hindered amine compound and Mueller teaches this hindered amine is suitable to form a stabilizer mixture.
Claim 6: Malatesta does not teach an additional component (d) as claimed.
However, Mueller discloses a similar composition comprising a hindered amine and a triazine compound, the stabilizer mixture further contains
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and 4-octyloxy-2-hydroxy benzophenone [0023, 0095]. Therefore, it would have been obvious to one of ordinary skill in the art at the time the invention was made to add the additional compounds of Mueller in the composition of Malatesta because it is recognized in the art it is suitable to form a stabilizer mixture.
Response to Arguments
Applicant's arguments filed 10/16/2025 have been fully considered but they are not persuasive.
In response to applicant's argument that there is no reason to combine the references, the argument is not persuasive because Malatesta teaches the hindered amine compound may be any suitable hindered amine compound and Mueller teaches this hindered amine is suitable to form a stabilizer mixture.
In response to applicant's argument regarding the unexpected results, the data have been fully considered, however, they are insufficient to establish unexpected results given that 1) the data is not compared to the closest prior art; 2) the data is not unexpected because different antioxidants prevents the degradation from different sources such as free radical, UV light, photo-oxidation etc. Including one additional antioxidant in the mixture broadens the protection spectrum and therefore a better retained physical property is expected; 3) the data is not reasonably commensurate in scope with the scope of claims. Case law holds that evidence is insufficient to rebut a prima facie case if not commensurate in scope with the claimed invention. In re Grasselli, 713 F.2d 731, 741, 218 USPQ 769, 777 (Fed. Cir. 1983).
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 extension fee 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 date of this final action.
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/WENWEN CAI/
Primary Examiner, Art Unit 1763
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