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 .
Response to Arguments
Applicant's arguments filed 1/07/2026 have been fully considered but they are moot in view of the new grounds of rejection including Kalika, D., et al., Structural, dielectric, and rheological characterization of thermotropic liquid crystalline copolyesters based on 4-hydroxybenzoic acid, 4,4'-dihydroxybiphenyl, terephthalic acid, and isophthalic acid Macromolecules, 1991, 24, 11, 3413–3422.
Specifically, the Applicant argues that the Tm-Tc value of the polymer blends do not necessarily flow from the teaching of Kim because Kim discloses a large number of possible polymer blends from different polyester polymers.
Kim teaches that a polyester in the composition can comprise a thermotropic liquid crystalline polymer. Kim teaches that this polymer can comprise aromatic dicarboxylic repeating units derived from, terephthalic acid (Paragraph [0046]). Kim also teaches that more than one aromatic dicarboxylic acid derived repeating unit may be employed (Paragraph [0046]). This also reads on the claimed “first aromatic dicarboxylic acid.” It would have been obvious to select terephthalic acid from the list of aromatic carboxylic acids because it is prima facie obvious to select a known material based on its suitability for its intended use. See MPEP 2144.07.
It would have been obvious to select the thermotropic liquid crystal polyester and the PCT polyester as the two polyesters of the composition from the list of possible polyesters (Paragraph [0023]) because it is prima facie obvious to select a known material based on its suitability for its intended use. See MPEP 2144.07.
Kim also teaches the aromatic hydroxycarboxylic acid is 4-hydroxybenzoic acid (Paragraph [0047]).
Kim teaches that the aromatic diols can be 4,4'-biphenol (Paragraph [0048]).
Kim teaches the additional aromatic dicarboxylic acid derived repeating unit may be derived from isophthalic acid (Paragraph [0046]).
Kim teaches the repeat units derived from the aromatic diol (4,4’-biphenol) are present from amounts of 1-35% (Paragraph [0048]) in the polymer.
Kim also teaches that the repeating units derived from 4-hydroxybenzoic acid are presents from amounts of 5-80mol% (Paragraph [0047]).
Kim teaches that the aromatic carboxylic acid derived component of the composition which in this embodiment of the composition is both terephthalic acid and isophthalic acid, can be from 20-70 mol% of the polymer composition (Paragraph [0047]). However, Kim is silent with respect to suitable amounts when using a combination of aromatic carboxylic acid monomers.
Kilka teaches a commercially available kinked liquid crystal polymer POB S6635 (Abstract). This polymer comprises a 62% terephthalic acid 4% isophthalic acid, 19% hydroxy benzoic acid, and 15% 4,4 biphenol (Abstract). This overlaps with the ranges of Kim and represents a commercially available liquid crystalline polymer. This overlaps with the claimed ranges of RLCP1, RLCP2, RLCP3, and RLCP4. Kilka also teaches this commercially available polymer also has a very low processing temperature (Page 3421). It would have been obvious to use the liquid crystal polymer as taught by Kilka as the LCP polymer of Kim for the advantage of the low processing temperature.
Kim teaches other polyester polymers can be included in the composition including polycyclohexylenedimethylene terephthalate polymers. It would have been obvious to select the polycyclohexylenedimethylene terephthalate polymer from the list of available polymers because it is prima facie obvious to select a known material based on its suitability for its intended use. See MPEP 2144.07.
The composition of Kim in view of Kilka necessarily comprises the inherent characteristic of Tm-Tc because Kilka necessarily comprises the polymers within the claimed range and Kim teaches the inclusion of a second polyester where it would have been obvious to select the polycyclohexylenedimethylene terephthalate polymer. The Applicant then asserts that polymer blends comprising a polycyclohexylenedimethylene terephthalate polymer and an LCP do not necessarily have the characteristic Tm-Tc. This is acknowledged. The justification for the inherency claim is based on the specific polymer taught by Kim in view of Kilka, not all possible LCPs which can be taught by Kim.
Finally, the Applicant argues that Kim teaches away from the polymer blends having similar melting and crystallization temperatures, because Kim expressly discloses the advantage of blending polymers with different crystallization rates. However, the polymer blend of Kim having two polymers with differing crystallization rates does not necessarily correspond to the resulting polymer blend having very different Tm and Tc values. Many different qualities affect crystallization rate including, polydispersity, and chain flexibility. Also, the terms “fast” and “slow” are relative, the fast solidification taught in the specification does not necessarily teach away from the slow crystallization rate of the second polymer of Kim.
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.
Claims 1, 10, 12-13, 15, and 20-22 are rejected under 35 U.S.C. 103 as being unpatentable over Kim US 20180223096A1 in view of Kalika, D., et al., Structural, dielectric, and rheological characterization of thermotropic liquid crystalline copolyesters based on 4-hydroxybenzoic acid, 4,4'-dihydroxybiphenyl, terephthalic acid, and isophthalic acid Macromolecules 1991, 24, 11, 3413–3422.
Regarding claim 1 and 20, Kim teaches a polyester composition comprising containing a blend of different polyester polymers (Abstract). Kim teaches that the polyester blend can be a blend of a first and a second polyester polymer (Paragraph [0007]). Kim teaches that in one embodiment the polymer composition can be a PCT (poly(1,4-cyclohexanedimethanol terephthalate)) polyester (Paragraph [0036]). This reads on the claimed polymer formed from an aliphatic diol and a second aromatic dicarboxylic acid and the claimed “PE.” Kim teaches that each polyester polymer is present in amounts of at least 5% by weight (Paragraph [0072]). This overlaps with the claimed range of 1-15% by weight.
Kim teaches that a polyester in the composition can comprise a thermotropic liquid crystalline polymer. Kim teaches that this polymer can comprise aromatic dicarboxylic repeating units derived from, terephthalic acid (Paragraph [0046]). Kim also teaches that more than one aromatic dicarboxylic acid derived repeating unit may be employed (Paragraph [0046]). This also reads on the claimed “first aromatic dicarboxylic acid.” It would have been obvious to select terephthalic acid from the list of aromatic carboxylic acids because it is prima facie obvious to select a known material based on its suitability for its intended use. See MPEP 2144.07.
It would have been obvious to select the thermotropic liquid crystal polyester and the PCT polyester as the two polyesters of the composition from the list of possible polyesters (Paragraph [0023]) because it is prima facie obvious to select a known material based on its suitability for its intended use. See MPEP 2144.07.
Kim also teaches the aromatic hydroxycarboxylic acid is 4-hydroxybenzoic acid (Paragraph [0047]).
Kim teaches that the aromatic diols can be 4,4'-biphenol (Paragraph [0048]).
Kim teaches the additional aromatic dicarboxylic acid derived repeating unit may be derived from isophthalic acid (Paragraph [0046]).
Kim teaches the repeat units derived from the aromatic diol (4,4’-biphenol) are present from amounts of 1-35% (Paragraph [0048]) in the polymer.
Kim also teaches that the repeating units derived from 4-hydroxybenzoic acid are presents from amounts of 5-80mol% (Paragraph [0047]).
Kim teaches that the aromatic carboxylic acid derived component of the composition which in this embodiment of the composition is both terephthalic acid and isophthalic acid, can be from 20-70 mol% of the polymer composition (Paragraph [0047]). However, Kim is silent with respect to suitable amounts when using a combination of aromatic carboxylic acid monomers.
Kilka teaches a commercially available kinked liquid crystal polymer POB S6635 (Abstract). This polymer comprises a 62% terephthalic acid 4% isophthalic acid, 19% hydroxy benzoic acid, and 15% 4,4 biphenol (Abstract). This overlaps with the ranges of Kim and represents a commercially available liquid crystalline polymer. This overlaps with the claimed ranges of RLCP1, RLCP2, RLCP3, and RLCP4. Kilka also teaches this commercially available polymer also has a very low processing temperature (Page 3421). It would have been obvious to use the liquid crystal polymer as taught by Kilka as the LCP polymer of Kim for the advantage of the low processing temperature.
Kim does not expressly teach the melting temperature or crystallization temperature of the polymer blend. Nevertheless, products of identical chemical compositions cannot have mutually exclusive properties. Where the claimed and prior art products are identical or substantially identical in structure or composition, a prima facie case of obviousness has been established. See MPEP 2112.01.
Kim also teaches that the tensile strength is greater than 110 MPa and less than 350 MPa (Paragraph [0078]). This overlaps with the claimed range of 100-150 MPa. Kim also teaches that the tensile strength is measured using ISO 527:2012 (Paragraph [0132]).
Regarding claim 10, Kim teaches that the elongation is greater than 1% but less than 10% (Paragraph [0078]). This overlaps the claimed range of “at least 4%. Kim also teaches that the elongation and tensile strength are measured using ISO 527:2012 (Paragraph [0132]). This reads on the limitations of claim 10.
Regarding claim 12, Kim teaches the polymer composition can be molded into a shaped part (Paragraph [0118]). This reads on the claimed “article.”
Regarding claim 13, Kim teaches that the polymer composition part can be employed in electronic components, and in smart phones (Paragraph [0119]). This reads on the claimed “mobile electronic device component.”
Regarding claim 15, Kim teaches that the composition can be used to form a camera base with a thickness of 500 micrometers or less. This reads on the claimed “film” This overlaps with the claimed range of 5-200 micrometers establishing a prima facie case of obviousness.
Regarding claim 21, Kim teaches the amount of colorant added can be up to 2% by weight (Paragraph [0117]). This overlaps with the claimed range of less than or equal to 0.5%.
Regarding claim 22, Kim teaches the polyester polymers are melt processed (Paragraph [0002] and [0035]). This reads on the claimed “melt blended.”
Claim 14 is rejected under 35 U.S.C. 103 as being unpatentable over Kim US 20180223096A1 in view of Kalika, D., et al., Structural, dielectric, and rheological characterization of thermotropic liquid crystalline copolyesters based on 4-hydroxybenzoic acid, 4,4'-dihydroxybiphenyl, terephthalic acid, and isophthalic acid Macromolecules 1991, 24, 11, 3413–3422. in further view of Rigiflex (Flexible Printed Circuit Boards: Features, Types, and Applications accessed on 4/15/2025 < https://www.rigiflex.com/blog/flexible-printed-circuit-boards-features-types-and-applications/, 2014)
Regarding claim 14, Kim teaches on the limitations of claims 1 and 12-13. However Kim is silent on the specific electronic component the polyester composition can form. A printed circuit board is widely used in a variety of electronics devices (Rigiflex, Page 1). Printed circuit boards are often formed from polyesters (Rigiflex, Page 1). It would have been obvious to one of ordinary skill in the art at the time of filing for the electronic component formed from the composition to be a printed circuit board because printed circuit board are well known in the art to be widely used in a variety of electronic devices and formed from polyesters.
Conclusion
THIS ACTION IS MADE FINAL. 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 LILY K SLOAN whose telephone number is (703)756-5875. The examiner can normally be reached Monday-Friday 9:00-5:30 ET.
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/LILY K SLOAN/Examiner, Art Unit 1762
/ROBERT S JONES JR/Supervisory Patent Examiner, Art Unit 1762