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 .
The 112b rejections of the previous action are withdrawn in view of applicants amendments.
The 103 rejection over JP-2003-206336, Keiichiro et al, is withdrawn in view of applicants amendments.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1,3,4,7,8,16,19-22 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Shinichiro-JP 11334010.
Shinichiro discloses a polyester film made from the reaction of (see example 2, 0062):
Terephthalic acid with
A glycol component containing- 75 mol% ethylene glycol; 20 mol% diethylene glycol and 5 mol% triethylene glycol.
Note that it appears that no metal catalysts were used in the reaction.
0042 discloses that the film has haze of 0-5%. Although the film thickness is generally thinner than what is referenced in the claims, since the polyester anticipates the present polyester, it is reasonable to expect the haze values to be exactly the same.
Therefore, the claims are anticipated.
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.
Claim(s) 23 is rejected under 35 U.S.C. 103 as being unpatentable over Shinichiro-JP 11334010 in view of Nagano et al-WO 2009/142196.
The disclosure of Shinichiro is disclosed above and applied here as such. The reference does disclose that polymerization catalysts can be used (0013), but no specific ones are mentioned.
The Shinichiro does not disclose the amount of sulfur present in the claims.
Nagano discloses a polyester, and method of making it. Nagano specifically uses a sulfonic acid group containing catalyst in an amount of 300-3000 ppm, over other catalysts, to obtain a polyester with a high melting point, excellent thermal stability and excellent hue.
Therefore, it would have been obvious to one skilled in the art to have used the composition disclosed by Shinichiro to make a polymer and to add the use of a sulfonic acid contain catalyst to improve the melting point, thermal stability and hue, as specifically taught by Nagano.
Claim(s) 17 and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Shinichiro-JP 11334010 in view of Kirk-Othmer Encyclopedia of chemical technology -2004-Forkner-Glycols.
The disclosure of Shinichiro is disclosed above and applied here as such. The reference does not disclose the addition/use of a tetraethylene glycol as part of the glycol component.
Kirk-Othmer discloses, generally, the use of various glycols as constituents for the making of polyesters (page 653-655). The relevant glycols being ethylene, diethylene, triethylene and tetraethylene. Specifically tetraethylene (TEG) can be used when a higher BP, molecular weight or lower hydroscopicity is desired, see page 660.
Therefore, it would have been obvious to one skilled in the art to have used the composition of Shinichiro and to have added tetraethylene glycol to the glycol component, for the purpose of obtaining a polyester having a higher BP, molecular weight or lower hydroscopicity, as specifically taught by Kirk-Othmer. Although , Kirk-Othmer does not teach the mol% of the TEG, this is seen as a result effective variable , wherein the amount used will obvious effect the properties of the final polyester. For example, increasing the amount would increase the BP and molecular weight, while adding small amounts would be expected to improve the flexibility and toughness (correlating to the molecular weight increase). Hence, since the amount is considered a result effective variable, it would be prima facie obvious to select the range of 0.1-0.5 mol% as is claimed.
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.
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/RANDY P GULAKOWSKI/Supervisory Patent Examiner, Art Unit 1766