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 .
Abstract
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Priority
Receipt is acknowledged of papers submitted under 35 U.S.C. 119(a)-(d),
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Claim Rejections - 35 USC § 103
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.
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.
Claims 1-8, 10, and 14-15 is/are rejected under 35 U.S.C. 103 as being unpatentable over US Pub 2009/0181199 A1.
Regarding claim 1, US Pub 2009/0181199 A1 discloses a polyester composition directed to a thermoplastic composition comprising, based on the total weight of the composition: from 51 to 90 wt % of a polyester. Note paragraphs [0006]-[0007]. The composition comprises: a polyester from 51 to 90 wt % of a polyester; an epoxide compound comprising at least one of a sterically hindered epoxide and a polyfunctional epoxide . See paragraph h [0017] from 0 to 20 wt % of a multifunctional epoxy compound which include...tetraphenyl ethylene epoxide) optionally a capping agent reactive with in situ-generated hydroxy groups resulting from reaction with the polyester and the epoxide compound, wherein the capping agent is present when the polyester composition comprises the polyfunctional epoxide. The thermoplastic composition further comprises a polyfunctional or multifunctional epoxy compound that can be either polymeric or non- polymeric... Examples include...tetraphenyl ethylene epoxide and the like. Note paragraph [0091].
In paragraph [0013] of the reference, the sterically hindered epoxide has a structure wherein: R1 is an alkyl or an aryl group; R2 is hydrogen, an alkyl group, or an aryl group; and R3 is hydrogen, an alkyl group, an aryl group (tetraphenyl ethylene epoxide is a sterically hindered epoxide wherein R1, R2, and R3 are aryl groups)) but does not disclose that the polyester is recyclable.
Nevertheless, it would have been obvious to one of ordinary skill in the art to test if the composition is recyclable through routine experimentation that recycled polyesters and blends of recycled polyesters with virgin polyesters can also be used. For example, the PBT can be made from monomers or derived from PET, e.g., by a recycling process. See paragraph [0090]. Consequently, the choice of specific polyesters and epoxide structures from the ranges and examples disclosed in US Pub 2009/0181199 A1 would have been a matter of routine optimization to obtain predictable results in the recycling of polymer processes.
Regarding claim 2, US Pub 2009/0181199 A1 discloses the composition of claim 1, wherein the polyester comprises a thermoplastic polyester directed to a thermoplastic composition comprising, based on the total weight of the composition: from 51 to 90 wt % of a polyester) reaction product between an alkylene diol. See paragraphs [0027]- [0028], and [0081]. Exemplary diols useful in the preparation of the polyesters include C2- C4 aliphatic diols such as ethylene glycol) and a dicarboxylic acid. Examples of C6-14 aromatic dicarboxylic acids that can be used to prepare the polyesters include isophthalic acid). See paragraph [0080].
Regarding claim 3, US Pub 2009/0181199 A1 discloses the composition of claim 1,wherein the polyester comprises polyethylene terephthalate (PET). See paragraph [0082]. Specific exemplary polyesters include poly(ethylene terephthalate), PET).
Regarding claim 4, US Pub 2009/0181199 A1discloses the composition of claim 1, but does not disclose wherein the polyester comprises polylactic acid (PLA). However, it would have been obvious to one of ordinary skill in the art to change the type of polyester used through routine experimentation. See paragraph [0085]. Other polyesters can be present in the thermoplastic composition, provided that such polyesters do not significantly adversely affect the desired properties of the thermoplastic composition).
Regarding claim 5, US Pub 2009/0181199 A1discloses the composition of claim 1, wherein the polyester comprises the polyester comprises a thermoplastic polyester. See paragraphs [0027]-[0028] the invention relates to a thermoplastic composition comprising, based on the total weight of the composition: from 51 to 90 wt % of a polyester) reaction product between an epoxide compound. See paragraph [0017] from 0 to 20 wt % of a multifunctional epoxy compound. See paragraphs [0091]. Examples include...tetraphenyl ethylene epoxide) and an anhydride compound. See paragraph [0088] Thus, the polymer component of the composition consists essentially of PET and/or PBT).
Regarding claim 6, US Pub 2009/0181199 A1 discloses the composition of claim 1, wherein the recyclable polyester composition comprises the sterically hindered epoxide. See paragraphs [0091] The thermoplastic composition further comprises a polyfunctional or multifunctional epoxy compound that can be either polymeric or non-polymeric... Examples include...tetraphenyl ethylene epoxide).
Regarding claim 7, US Pub 2009/0181199 A1 discloses the composition of claim 1, wherein the sterically hindered epoxide has a structure according to formula (I):wherein: R1 is an alkyl or an aryl group; R2 is hydrogen, an alkyl group, or an aryl group; R3 is hydrogen, an alkyl group, an aryl group, or together with RI is a cycloalkyl group; and at least one of R2 and R3 is other than hydrogen. See paragraph [0091]. The thermoplastic composition further comprises a polyfunctional or multifunctional epoxy compound that can be either polymeric or non-polymeric... Examples include...tetraphenyl ethylene epoxide(R1, R2, and R3 are aryl groups)).
Regarding claim 8, US Pub 2009/0181199 A1 discloses the composition of claim 1, wherein the sterically hindered epoxide is selected from the group consisting of (+)-limonene 1,2-epoxide, alpha-pinene 1,2-epoxide, (-)- caryophyllene 1,2-epoxide, cyclooctane 1,2-epoxide, styrene 1,2- epoxide, and epoxidized oils. See paragraph [0091] Examples include...epoxidized vegetable (e.g., soybean, linseed) oils).
Regarding claim 10, US Pub 2009/0181199 A1 discloses the composition of claim 9, wherein the polyfunctional epoxide comprises at least two hindered epoxy functional groups. See paragraph [0091]. The thermoplastic composition further comprises a polyfunctional or multifunctional epoxy compound that can be either polymeric or non-polymeric... Examples include...tetraphenyl ethylene epoxide).
Regarding claim 14, US Pub 2009/0181199 A1discloses the composition of claim 1, wherein: the polyester is present in the recyclable polyester ‘composition in an amount ranging from 50 wt.% to 99 wt.% . See paragraphs [0027]-[0028]. The invention relates to a thermoplastic composition comprising, based on the total weight of the composition: from 51 to 90 wt % of a polyester); and the epoxide compound is present in the recyclable polyester composition in an amount ranging from 0.1 wt.% to 50 wt.% . See paragraphs [0017] from 0 to 20 wt % of a multifunctional epoxy compound. See paragraph [0091] . Examples include...tetraphenyl ethylene epoxide).
Regarding claim 15, US Pub 2009/0181199 A1discloses the composition of claim 1, further comprising one or more additives selected from the group ‘consisting of nano clay, graphene oxide, graphene, fibers, silicon dioxide (silica), aluminum oxide, cellulose nanocrystals, carbon nanotubes, titanium dioxide (titania), diatomaceous earth, biocides, pigments, dyes, thermoplastics, and combinations thereof. See paragraphs ([0136] The composition can contain fillers. Particulate fillers include, for example...titanium dioxide).
Claims 9 and 11-13 is/are rejected under 35 U.S.C. 103 as being unpatentable over US Pub 2009/0181199 A1 in view of USP 6,515,044 B1; or further in view of US Pub 20110172434.
Regarding claim 9, US Pub 2009/0181199 A1 discloses the composition of claim 1, wherein the polyester composition. See paragraphs [0006]-[0007] the invention relates to a thermoplastic composition comprising, based on the total weight of the composition: from 51 to 90 wt % of a polyester) comprises the polyfunctional epoxide. See paragraphs [0017] from 0 to 20 wt % of a multifunctional epoxy compound. See paragraphs [0091]. Examples include...tetraphenyl ethylene epoxide) but does not disclose wherein the composition is recyclable and wherein the composition comprises the capping agent. However, note that USP 6,515,044 B1 discloses a polyester composition in col 1 lines 4-6 which discloses of a process for the preparation of high-viscosity polyesters with a reduced content of acid end groups comprising the capping agent in col 1 lines 46-51. The following processes e.g. are known for masking carboxyl end groups with oxazolines: The masking reagent is added during the preparation of the polyester resin, after the desired molecular weight has been reached but does not disclose wherein the composition is recyclable.
However, it would have been obvious to one of ordinary skill in the art to test if the composition is recyclable through routine experimentation. See paragraph [0090] Recycled polyesters and blends of recycled polyesters with virgin polyesters can also be used. For example, the PBT can be made from monomers or derived from PET, e.g., by a recycling process). It would have also been obvious to one of ordinary skill in the art to combine these references to include a capping agent to reduce acid end groups (USP 6,515,044 B1 col 1 lines 4-7 process for the preparation of high-viscosity polyesters with a reduced content of acid end groups, in which a masterbatch is prepared from low- viscosity polyesters and oxazolines).
Regarding claim 11, US Pub 2009/0181199 A1 discloses the composition of claim 9, but does not disclose wherein the capping agent comprises an acetylated bulky phenol having a structure according to formula (II):wherein: R is hydrogen, a linear alkyl group, or a branched alkyl group; R1 is a branched alkyl group; and R2 is a hydrocarbon group. However, US Pub 20110172434 discloses a composition. See paragraph [0031] for derivatives of imidazoles with close or identical structures to those of the compounds corresponding to general formula (I) according to the invention) comprising an acetylated bulky phenol having a structure according to formula (Il) wherein: R is hydrogen, a linear alkyl group, or a branched alkyl group; R1 is a branched alkyl group; and R2 is a hydrocarbon group. See paragraphs [0983] 2,6-diisopropylphenyl acetate...A colorless oil is obtained with a yield of 86%. This product is sufficiently pure to be used directly in the following stage). It would have been obvious to one of ordinary skill in the art to use 2,6-diisopropylphenyl acetate as a capping agent through routine experimentation to reduce acid end groups. See paragraph [0083]. The polyester has a carboxylic acid end group content from 5 to 50 meq/Kg).
Regarding claim 12, US Pub 2009/0181199 A1 discloses the composition of claim 9, but does not disclose wherein the capping agent comprises a monooxazoline. However, USP 6516044 discloses a polyester composition in col 1 Iines 4-6 present invention relates to a process for the preparation of high-Viscosity polyesters with a reduced content of acid end groups) wherein the capping agent comprises a monooxazoline in col 3 lines 22- 23. Oxazolines are the tautomeric forms of the monooxazolines. It would have also been obvious to one of ordinary skill in the art to combine these references to include a capping agent to reduce acid end groups (col 1 lines 4-7 in USP 6,515,044 B1 which discloses a process for the preparation of high-viscosity polyesters with a reduced content of acid end groups, in which a masterbatch is prepared from low-viscosity polyesters and oxazolines.
Regarding claim 13, US Pub 2009/0181199 A1discloses the composition of claim 9 wherein: the polyfunctional epoxide is selected from the group consisting of cyclooctene diepoxide, polyepoxided plant oils, diepoxy limonenes, polymers or copolymers of 4-epoxystyrene, and combinations thereof. See paragraphs [0091]. Examples include...epoxidized vegetable (e.g., soybean, linseed) oils) but does not disclose wherein the capping agent is selected from the group consisting of acetylated butylated hydroxytoluene (BHT), polymers and copolymers of 3,5-di-tert- butyl-4-hydroxy benzyl acrylate, a mono-oxazoline, and combinations thereof. However, USP 6,515,044 B1discloses a polyester composition (col 1 Iines 4-6 present invention relates to a process for the preparation of high-Viscosity polyesters with a reduced content of acid end groups) wherein the capping agent is selected from the group consisting of acetylated butylated hydroxytoluene (BHT), polymers and copolymers of 3,5-di- tert-butyl-4-hydroxy benzyl acrylate, a mono-oxazoline, and combinations thereof (col 3 Iines 22-23 Oxazolines which are particularly preferred are the tautomeric forms of the monooxazolines). it would have also been obvious to one of ordinary skill in the art to combine these references to include a capping agent to reduce acid end groups (col 1 Iines 4-7 process for the preparation of high-viscosity polyesters with a reduced content of acid end groups, in which a masterbatch is prepared from low-viscosity polyesters and oxazolines).
Claims 16-21 is/are rejected under 35 U.S.C. 103 as being unpatentable over US Pub 2009/0181199 A1 in view of US Pub 2004/0138381 A1.
Regarding claim 16, US Pub 2009/0181199 A1 discloses the polyester composition according to any of claims 1-8, 10, and 14-15, but does not disclose a method for recycling a polyester composition, the method comprising: providing a recyclable polyester composition and thermally processing the recyclable polyester composition to provide a recycled polyester composition.
However, US Pub 2004/0138381 A1 discloses a method. See paragraph [0012] discloses methods for using the chain extenders to improve the physical characteristics of poly condensates and blends of polycondensates for recycling a polyester composition. See paragraph (0012) The chain extenders of this invention are particularly well Suited for use with reprocessed or recycled plastics. See paragraph [0057] Applications of this invention include, but are not limited to, recycling of scrap plastics, such as polyesters) the method comprising: providing a recyclable polyester composition. See paragraph [0060] These chain extenders when used by PET resin manufacturers provide intrinsic viscosity enhancement in single reactive steps with no need for or shorter solid state time. See paragraph [0012] The chain extenders of this invention are particularly well suited for use with reprocessed or recycled plastics) and thermally processing the recyclable polyester composition to provide a recycled polyester composition. See paragraph [0020] for use with plastics, including reprocessed or recycled plastics. See paragraph [0045] The chain extender may then be melt or solution blended with the polycondensation by methods well known in the art, such as by reactive extrusion). It would have been obvious to one of ordinary skill in the art to combine these references to thermally process the composition to recycle the polyester.. See paragraph [0037] the condensation polymer is a reprocessed or recycled condensation polymer).
Regarding claim 17, US Pub 2009/0181199 A1 in view of US Pub 2004/0138381 A1 discloses the method of claim 16. Blasius further discloses wherein thermally processing comprises melt-processing. See paragraph [0020] discloses its use with plastics, including reprocessed or recycled plastics. See paragraph [0045] The chain extender may then be melt or solution blended with the polycondensation by methods well known in the art, such as by reactive extrusion) the recyclable polyester composition. See paragraph [0012] The chain extenders of this invention are particularly well Suited for use with reprocessed or recycled plastics. See paragraph [0057].
Regarding claim 18, US Pub 2009/0181199 A1 in view of US Pub 2004/0138381 A1 discloses the method of claim 16. Blasius further discloses wherein thermally processing the recyclable polyester composition. See paragraph [0020] for use with plastics, including reprocessed or recycled plastics. See paragraph [0045] The chain extender may then be melt or solution blended with the polycondensation by methods well known in the art, such as by reactive extrusion) comprises reacting the epoxide compound with at least one of (i) hydroxyl end groups on polymeric chains of the polyester and (ii) carboxylic end groups on polymeric chains of the polyester thereby chain-extending the polyester. See paragraph [0037] discloses chain extended polymeric compositions made by reacting the chain extenders of the present invention with condensation polymers to form a substantially gel free chain extended condensation polymer composition. See paragraph [0058], In general the epoxy-functional oligomeric or polymeric chain extenders of this invention show storage stability, safety of handling, no need for catalysts for effective chain extension).
Regarding claim 19 US Pub 2009/0181199 A1in view of Blasius discloses the method of claim 16. US Pub 2004/0138381 A1 further discloses wherein the polyester has a first viscosity prior to recycling and the polyester has a second viscosity after recycling. See paragraph [0051]. The chain extenders of the present invention are very effective at increasing the molecular weight of reprocessed or recycled condensation polymers. This is evidenced by the increase in the intrinsic viscosity of the condensation polymers following chain extension. For example, in some instances the chain extenders may increase the intrinsic viscosity of the chain extended condensation polymer back to within 15% of the intrinsic viscosity of the condensation polymer prior to recycling) but does not disclose wherein the ratio of the first viscosity: second viscosity is at least 0.9. However, it would have been obvious to one of ordinary skill in the art to change the molecular weight through routine experimentation to change the viscosity. See paragraph [0051] demonstrates where the intrinsic viscosity of the chain extended condensation polymer may increase back to within 5% of the intrinsic viscosity of the condensation polymer prior to recycling).
Regarding claim 20, US Pub 2009/0181199 A1 in view of US Pub 2004/0138381 A1discloses the method of claim 16. US Pub 2004/0138381 A1 further discloses wherein the polyester has a first molecular weight prior to recycling; the polyester has a second molecular weight after recycling. See paragraph [0051]. The chain extenders of the present invention are very effective at increasing the molecular weight of reprocessed or recycled condensation polymers. This is demonstrated by the increase in the intrinsic viscosity of the condensation polymers following chain extension) but does not disclose the ratio of the first molecular weight: second molecular weight is at least 0.9.
However, it would have been obvious to one of ordinary skill in the art to change the molecular weight through routine experimentation . See paragraph [0006] discloses Di- or poly-functional epoxides, epoxy resins or other chemicals having two or more epoxy radicals, are an example of chain extending modifiers that have been used to increase the molecular weight of recycled polymers.
Regarding claim 21, US Pub 2009/0181199 A1 in view of US Pub 2004/0138381 A1 discloses the method of claim 16. US Pub 2009/0181199 A1 further discloses wherein providing the recyclable polyester composition. See paragraph [0090]. Recycled polyesters and blends of recycled polyesters with virgin polyesters can also be used. For example, the PBT can be made from monomers or derived from PET, e.g., by a recycling process) comprises: providing the polyester. See paragraph [0006]-[0007]. Moreover, the reference discloses a thermoplastic composition comprising, based on the total weight of the composition: from 51 to 90 wt % of a polyester); and adding the epoxide compound and the capping agent (when present) to the polyester. See paragraph [0017]. The reference discloses from 0 to 20 wt % of a multifunctional epoxy compound. See paragraph [0091]. Examples include...tetraphenyl ethylene epoxide.
In conclusion, in view of the above, there appears to be no significant difference between the reference(s) and that which is claimed by applicant(s). Any differences not specifically mentioned appear to be conventional. Consequently, the claimed invention cannot be deemed as unobvious and accordingly is unpatentable.
Information Disclosure Statement
Note that any future and/or present information disclosure statements must comply with 37 CFR § 1.98(b), which requires a list of the publications to include: the author (if any), title, relevant pages of the publication, date and place of publication to be submitted for consideration by the Office.
Improper Claim Dependency
Prior to allowance, any dependent claims should be rechecked for proper dependency if independent claims are cancelled.
Correspondence
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TERRESSA M BOYKIN whose telephone number is (571)272-1069. The examiner can normally be reached on M-F 7-5:30.
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/Terressa Boykin/Primary Examiner, Art Unit 1765