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 .
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
Priority
This application is a 371 of PCT/IB2021/053686 05/03/2021; PCT/IB2021/ 053686 has PRO 63/024,064 05/13/2020.
Information Disclosure Statement
The information disclosure statement (IDS), filed on 11/03/22 has been considered. Please refer to Applicant's copy of the 1449 submitted herewith.
Election/Restrictions
Applicant’s election without traverse of claims 1-30 and species cyclopentadienyl tri(tertiarybutyl)phosphinimine titanium dichloride [Cp((t-Bu)sPN)TiCl2]; methylaluminoxane (MMAOQO-07); trityl tetrakis(pentafluorophenyl)borate (trityl borate), and 2,6-di-tertbutyl-4-ethylphenol (BHEB), and the octene/ethylene blend in the reply filed on 11/10/25 is acknowledged.
Claims 1-34 are pending. Claims 31-34 are directed to non-elected invention. Claims 31-34 are withdrawn from further consideration by Examiner, 37 CFR 1.142(b), as being drawn to non-election invention. Claims 1-30 are examined in this Office action.
Claim Rejections - 35 USC § 102
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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-4, 7-25, 27-30 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Bellehumeur (US 2021/0102050).
The applied reference has a common assignee with the instant application. Based upon the earlier effectively filed date of the reference, it constitutes prior art under 35 U.S.C. 102(a)(2). This rejection under 35 U.S.C. 102(a)(2) might be overcome by: (1) a showing under 37 CFR 1.130(a) that the subject matter disclosed in the reference was obtained directly or indirectly from the inventor or a joint inventor of this application and is thus not prior art in accordance with 35 U.S.C. 102(b)(2)(A); (2) a showing under 37 CFR 1.130(b) of a prior public disclosure under 35 U.S.C. 102(b)(2)(B) if the same invention is not being claimed; or (3) a statement pursuant to 35 U.S.C. 102(b)(2)(C) establishing that, not later than the effective filing date of the claimed invention, the subject matter disclosed in the reference and the claimed invention were either owned by the same person or subject to an obligation of assignment to the same person or subject to a joint research agreement.
Regarding claims 1, 4, Bellehumeur discloses an ethylene interpolymer product comprising (table 1B): (i) 45 wt% a first ethylene interpolymer, fall into claimed from 40 to 80 weight % of a first ethylene interpolymer, having Mw = 85,028 and Mn = 42,086 (results in Mw/Mn= 2.02), fall into claimed a molecular weight distribution index of < 2.3; and ) (ii) 55 wt% of a second ethylene interpolymer, fall into from 20 to 60 weight % of a second ethylene interpolymer, having Mw = 75,886, Mn = 24,240 (results in Mw/Mn= 3.13), fall into claimed a molecular weight distribution index of = > 2.3, wherein said ethylene interpolymer product is characterized by: (a) a Dilution Index, Yd=5.98, read on claim 1 range greater than 0 or claim 4 range greater than 3 ; and (b) a solid-to-liquid transition temperature, e.g. 103 0C (first melting peak) (table 1B, 2), fall into claimed not greater than 112°C. Thus, Bellehumeur meet the requirements of claim 1.
Regarding claims 2-3, since the composition requirement is met by Bellehumeur, the properties such as weighted Rheological Adhesion Parameter would inherently be the same as claimed. “Products of identical chemical composition cannot have mutually exclusive properties.” A chemical composition and its properties are inseparable. Therefore, if the prior art teaches the identical chemical structure, the properties applicant discloses and/or claims are necessarily present. See MPEP 2112.01(I) , In re Best, 562 F2d at 1255, 195 USPQ at 433, Titanium Metals Corp v Banner, 778 F2d 775, 227 USPQ 773 (Fed Cir 1985), In re Ludtke, 441 F2d 660, 169 USPQ 563 (CCPA 1971) and Northam Warren Corp v D F Newfield Co, 7 F Supp 773, 22 USPQ 313 (EDNY 1934).
Regarding claims 7-8, Bellehumeur discloses ethylene interpolymer product has a soluble fraction in a temperature rising elution fractionation (TREF) analysis of less than 7 or 5 weight %, e.g. 0.71% (table 2; hexene extractable).
Regarding claim 9, Bellehumeur discloses the first ethylene interpolymer and the second ethylene interpolymer are synthesized using a solution polymerization process (para [0115]-[0122]).
Regarding claim 10, Bellehumeur discloses the first ethylene interpolymer is produced using a single site catalyst formulation (para [0011]).
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Regarding claim 11, Bellehumeur discloses
Regarding claims 12-13, Bellehumeur discloses methyl aluminoxane (MAO) and trityl tetrakis(pentafluoro-phenyl)borate (para [0102], [0263]).
Regarding claim 14, Bellehumeur discloses the second ethylene interpolymer synthesized using heterogeneous catalyst formulations (para [0137]).
Regarding claims 15-17, Bellehumeur discloses the ethylene interpolymer comprises 3.7 mole% of 1-octene (table 2) fall into claim 15 range of from 0.1 to about 10 mole%.
Regarding claims 18-19, Bellehumeur discloses the ethylene interpolymer has density of 0.9130 g/cm3 (table 2), fall into claim 18 range of from 0.880 to 0.930 g/cm3 or claim 19 range of from 0.885 to 0.925 g/cm3.
Regarding claims 20-21, Bellehumeur discloses the first ethylene interpolymer has density d1 of 0.9064 g/cm3 (table 1), fall into claims 20-21 range of from 0.855 to 0.945 g/cm3 and the second ethylene interpolymer has density d2 of 0.9209 g/cm3 (table 1), fall into claims 20-21 range of from 0.855 to 0.945 g/cm3, wherein d2-d1 is 0.0145, wherein said d1 and d2 satisfy claim 20 range of 0≤ d2-d1 ≤ 0.035 g/cm3 or claim 21 range of 0≤ d2-d1 ≤ 0.030 g/cm3.
Regarding claims 22-24, Bellehumeur discloses the ethylene interpolymer product has a melt index l2 of about 1.5 (para [0175]), fall into claim 22 range of from 0.1 to 3.0 dg/min, into claim 23 range of from 0.1 to 2.0 dg/min, or into claim 24 range of from 0.1 to 1.5 dg/min.
Regarding claims 25, Bellehumeur discloses the ethylene interpolymer product has a weight-average molecular weight 78,229 g/mol (table 1B), fall into claimed range from 50,000 to 250,000 g/mol.
Regarding claims 27, Bellehumeur discloses first ethylene interpolymer, having Mw = 78,229 and Mn = 29,204 (results in Mw/Mn= 2.68), fall into claimed a molecular weight distribution index of 1.5 to 5.0.
Regarding claims 28-29, since the composition requirement is met by Bellehumeur, the properties such as tallest DSC melting peak or storage modulus would inherently be the same as claimed. “Products of identical chemical composition cannot have mutually exclusive properties.” A chemical composition and its properties are inseparable. Therefore, if the prior art teaches the identical chemical structure, the properties applicant discloses and/or claims are necessarily present. See MPEP 2112.01(I) , In re Best, 562 F2d at 1255, 195 USPQ at 433, Titanium Metals Corp v Banner, 778 F2d 775, 227 USPQ 773 (Fed Cir 1985), In re Ludtke, 441 F2d 660, 169 USPQ 563 (CCPA 1971) and Northam Warren Corp v D F Newfield Co, 7 F Supp 773, 22 USPQ 313 (EDNY 1934).
Regarding claims 30, Bellehumeur discloses the ethylene interpolymer product has a I2 of 3.8 and I21 of 78 (table 2) result in melt flow ratio (l21/l2) of 20.52, fall into claimed amount of less than 30.
Claim Rejections - 35 USC § 103
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim 5-6, 26 are rejected under 35 U.S.C. 103 as being unpatentable over Bellehumeur as applied to claim 1 above.
Bellehumeur includes the features of claim 1 above.
Regarding claim 5, Bellehumeur discloses second ethylene interpolymer (M2w) having Mw = 75,886 and first ethylene interpolymer (M1w), having Mw = 85,028 and (table 1B), results in molecular weight ratio ((M2w)/ (M1w)) of 0.893 close enough to satisfy claimed 1 ≤ (M2w)/ (M1w) ≤ 2. The claimed range and the prior art range do not overlap but are close enough such that one skilled in the art would have expected them to have the same properties.” In re Peterson, 315 F.3d at 1329, citing Titanium Metals Corp. v. Banner, 778 F.2d 775, 227 USPQ 773 (Fed. Cir. 1985).
Regarding claim 6, Bellehumeur discloses the number of short chain branches (C6) per thousand carbon atoms in the second ethylene interpolymer (SCB²) is 11.5 and the number of short chain branches (C6) per thousand carbon atoms in the first ethylene interpolymer (SCB¹) is 16.4 (table 1B) results in (SCB²)/(SCB¹) = 0.701 satisfy 0.7 ≤ (SCB²)/(SCB¹) ≤ 1.1 inequality.
Regarding claims 26, Bellehumeur discloses the first ethylene interpolymer has a weight average molecular weight 85,028 g/mol (table 1B), fall into claimed range from 50,000 to 250,000 g/mol and the second ethylene interpolymer has a weight average molecular weight 75,886 g/mol (table 1B), fall into claimed range from 50,000 to 250,000 g/mol.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KUMAR R BHUSHAN whose telephone number is (313)446-4807. The examiner can normally be reached 9.00 AM to 5.50 PM (EST).
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/KUMAR R BHUSHAN/Primary Examiner, Art Unit 1766