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 .
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 54 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
In claim 54, the limitation “tridecyl tallate” is not understood and is confusing. This appears to be a typographical error, however it is unclear what is implied. While a tallate such as decyl tallate exists, it is unclear what “tridecyl” implies in the context, since there is only one place to attach the a decyl group (not three). Also, the use of low molecular weight alkyl ester is confusing. The specification and claim 53 states that it is a plasticizer, while the instant claim is limiting it as an oil.
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)(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.
(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.
Claim(s) 48-50, 52-53, 55-59, 61-62, 67 and 71 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 6,111,021 (herein Nakahama)
As to claims 48 and 67, Nakahama discloses a vulcanizable rubber composition comprising a polyolefin resin that is a thermoplastic (thermoplastic vulcanizate). See abstract, col. 7, lines 20-25. The rubber is vulcanized (at least partially crosslinked). See abstract, col. 4, lines 1-10 and examples. The thermoplastic polyolefin is a polymer of 4-methyl-1-pentene. See col. 7, lines 34-40 and examples. Specific attention is drawn to the examples (see tables 7-9) showing a rubber (EPT, specifically ethylene copolymer rubber) and a polymethylpentene (TPX, homopolymer) that is vulcanized (table 9).
As to claim 49, the amount of rubber is 100 parts and the amount of TPX (polymethylpentene) is 20 parts. Thus about 83% rubber and about 17 wt% thermoplastic polyolefin, which reads on the claimed amounts of “about 80 wt%” and “about 20 wt%” respectively.
As to claim 50, the thermoplastic polyolefin may also be polypropylene. See col. 7, lines 25-50.
As to claims 52-53, the examples have a paraffinic process oil. See tables 7-8.
As to claim 55, the compositions have heat anti-aging stabilizers, which reads on thermal stabilizers. See col. 16, lines 15-40.
As to claims 56-57, the examples have a carbon black as a filler. See tables 7-8.
As to claims 58-59, a cure system comprising sulfur or peroxides is taught. See col. 14, line 64 through col. 15, line 65.
As to claims 61-62, the rubber used in the examples is Ethylene/propylene/5-ethylidene-2-norbornene copolymer rubber (referred to as "EPT"), reading on an ethylene propylene diene monomer rubber. See col. 18, lines 40-45 and examples.
As to claim 71, the polymethylpentene has a melt flow rate (MFR) of 0.5 g/10 min. See col. 18, lines 60-65.
Claim(s) 48-51, 55-62, 67 and 72 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by CN 104 610 665 (herein Zong).
In setting forth the instant rejection, a machine translation has been relied upon that was supplied with the IDS filed 11/4/22.
As to claims 48-51, 58-62, 67, Zong discloses in embodiments 1-10, such as example 4 showing a TPV comprising 63 parts ethylene propylene diene rubber (EPDM), 30 parts of a polymethylpentene and 7 parts polypropylene (63 wt% rubber and 37 wt% polyolefin and about 81 wt% polymethylpentene in the mixture with polypropylene) . The composition is crosslinked with a crosslinking system that includes sulfur (disulfide) and/or peroxide, a phenolic resin and zinc oxide (metal oxide) in the examples. Also see abstract.
As to claim 55, the compositions have anti-aging stabilizers, which reads on thermal stabilizers. See examples.
As to claims 56-57, the examples have a carbon black as a filler.
As to claim 72, the TPV has a hardness of 78A to 97A. See table 1 in paragraph 97 in row
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Claim(s) 48-59, 61-62 and 68-71 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by JP 3734884 (herein Nakahara).
In setting forth the instant rejection, a machine translation has been relied upon.
As to claims 48-51, 61-63, 69 Nakahara vulcanizate (thermoplastic since it comprises polyolefins) comprising a rubber and poly methylpentene. See abstract and examples. The rubber is vulcanized (crosslinked) and can be ethylene propylene diene rubber or butyl rubber. See paragraph 17. The polymethylpentene is a copolymer of 4-methyl-1-pentene and C21-C20 olefins different than methylpentene. See paragraph 6. The polymethylpentene is present in about 30 to 150 parts per 100 parts rubber, which falls within the ranges of claim 49. See paragraph 18) The polymethylpentene phase also comprises polypropylene (paragraph 20) in less than 30 parts. See paragraph 12. Also see examples.
As to claims 52-54, the composition comprises oils such as paraffinic oils and vegetable and animal oils (low molecular weight alkyl ester oils).
As to claim 55, the composition comprises a heat (thermal) stabilizer. See paragraph 13.
As to claim 56-57, the composition comprises a filler (paragraph 16) such as carbon black (see examples).
As to claims 58-59, the composition comprises a crosslinking (cure) system (paragraph 22) comprising a metal oxide (zinc oxide, see examples) or sulfur (see examples).
As to claim 71, the melt flow rate is 0.1 to 500 (paragraph 8) and exemplified as 27 g/10 min (paragraph 29).
As to claims 68 and 70, the polymethylpentene is substantially identical with the same comonomers, melt index, etc. and it is reasonable to take the position that the other properties would naturally flow from the same polymer.
Claim(s) 48-77 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by US 2022/0299154 (herein Iyer).
As to claims 48, 67, Iyer discloses a TPV comprising a rubber and a thermoplastic olefin. See abstract and examples. The rubber is partially or fully cured/crosslinked. See paragraph 191. The polyolefin may be homopolymers and/or copolymers of polymethylpentene (see paragraph 103 and 148 and 176, also referred to as P4MP).
As to claim 49, the rubber is present in 25 to 45 wt% and the polyolefin is present in 55 to 75 wt%. See paragraph 95-96.
As to claim 50, the composition comprises polypropylene. See paragraph 97 and 148.
As to claims 52-54, a oil may be used such as paraffinic oil and/or low molecular weight alkyl esters. See paragraph 99 and 145.
As to claim 55, the composition comprises UV stabilizers. See paragraph 397.
As to claim 56-57, the composition comprises fillers such as carbon black. See paragraph 98.
As to claims 58-60, the composition comprises a cure system such as phenolic resin and metal oxide. See paragraph 197 and examples.
As to claims 61-62, see paragraph 106-107 and examples discloses ethylene propylene diene monomer rubber.
As to claims 63-66, see paragraphs 129-137.
As to claim 68 and 71, a Young’s modulus of 500 to 550 MPa is taught. See paragraph 231 and examples.
As to claim 69, copolymers are taught. See paragraph 257. While not specifically mentioning which other olefins are utilized, Iyers is consent that the comonomer in the copolymers are C2-C20 olefins and therefore, it is evident that this trend applies to the instant copolymer. See paragraph 111, 152, 160, 162, 169, 215, etc.
As to claim 70, the polymethylpentene has a thermal conductivity of 0.17. See table C in paragraph 176.
As to claim 72, the hardness is 20 to 50 D. See paragraph 362.
As to claim 73, Iyers teaches an insulated high-temperature transport conduit as claimed. See abstract and examples.
As to claims 73-76, Iyers teaches an insulated high-temperature pipe with an inner polymer sheath, reinforcing layers and an external sheath, that comprises the TPV. See abstract, paragraph 53-71 and examples.
As to claim 77, the insulation layer is used to transport heated fluids (paragraph 40-42) and thus use with heaters.
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.
Claim(s) 63-66 is/are rejected under 35 U.S.C. 103 as being unpatentable over JP 3734884 (herein Nakahara) in view of US 2018/0237597 (herein Chung).
The discussion with respect to Nakahara set-forth above is incorporated herein by reference.
As to claims 63-66, Nakahara discloses that the rubber is butyl rubber. See paragraph 17.
However, Nakahara is silent on the specifics of the butyl rubber.
Chung discloses similar TPV comprising a rubber and polyolefins. See abstract and examples. Chung discloses that butyl can be isobutylene-isoprene with 0.8 to 5 wt% isoprene (paragraph 40-47). Chung discloses that the butyl rubber can be isobutylene-paramethylstyrene copolymer with paramethylstyrene in 2 to 20 wt% (paragraph 40-47). Chung also discloses that the butyl rubber may be halogenated such as brominated in an amount of 0.3 to 7 wt%. See paragraph 40-47.
It would have been obvious at time of the invention to have modified the composition of Nakahara with the specific butyl rubber as taught by Chung because one would want to utilize butyl rubber taught as suitable for TPV.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MARK S KAUCHER whose telephone number is (571)270-7340. The examiner can normally be reached M-F 8-6 PM EST.
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/MARK S KAUCHER/Primary Examiner, Art Unit 1764