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
3. This application is a 371 of PCT/EP2021/068498 07/05/2021.
Acknowledgment is made of applicant’s claim for foreign priority under 35 U.S.C. 119 (a)-(d). The certified copy has been filed in parent Application EP 20184412.3 07/07/2020 filed on 01/03/23.
Information Disclosure Statement
The information disclosure statement (IDS), filed on 10/31/24, 13/07/23, and 01/03/23 have been considered. Please refer to Applicant's copy of the 1449 submitted herewith.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 3-15 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-11 of U.S. Patent No. 11,674,027 in view of Kahlen (US 2017/0044359; hereinafter called “Kahlen-1”).
Regarding instant claims 3-4, patented claim 10 discloses a process of making the patented claim 1 composition comprising melt mixing the blend: a) 80 to 97 wt. % of a blend (A) comprising A-1) polypropylene and A-2) polyethylene, wherein the weight ratio of polypropylene to polyethylene is from 3:7 to 13:7 (fall into instant claimed ratio of 19:1 to 1:19), and b) 3 to 20 wt. % of a compatibilizer (B) (fall into instant claimed range of 1 to 35 wt%) being a heterophasic random copolymer comprising a random polypropylene copolymer matrix phase and an elastomer phase dispersed therein, whereby the heterophasic random copolymer has: a xylene insoluble content (XCI) of from 65 to 88 wt % (overlapping instant claimed range of 60 to 80 wt% , and a xylene soluble content XCS of 12 to 35 wt. % (overlapping instant claimed range of 20 to 40 wt%) xylene soluble content fraction having an intrinsic viscosity of 1.2 dl/g to less than 3.0 dl/g (overlapping instant claimed range of 2.1 dl/g to less than 6.0 dl/g, and wherein xylene insoluble content (XCI) and xylene soluble content (XCS) add up to 100 wt %, patented claim 3 discloses a content of units derived from ethylene in the xylene insoluble (XCI) fraction of from 2.0 to 6.0 wt % and/or whereby a content of units derived from ethylene in the xylene soluble (XCS) fraction of 25.0 to 38.0 wt % (fall into instant claimed range of 20 to 40 wt%), wherein patented claim 4 discloses MFR2 is in the range of 5 to 15 g/10 min (fall into patented claimed range of 2 to 30 g/10min).
Patented claims do not disclose instant claimed melting temperature of compatibilizer (B).
However, Kahlen-1 discloses blends of polypropylene and polyethylene, which contain a specific kind of compatibilizer comprising propylene homopolymer or an isotactic random copolymer of propylene with ethylene with melting temperature in the range of from 155 to 168 0C (para [0001], [0059]-[0070]), fall into claimed range of 155 to 168 0C.
It would have been obvious to one with ordinary skill, in the art at the time of invention, to modify patented claims with compatibilizer comprising propylene homopolymer or an isotactic random copolymer of propylene with ethylene as taught by Kahlen-1. The rationale to do so would have been motivation provided by of Kahlen-1 that to do so would provide optimum temperature in the range of from 155 to 168 0C for proper melt mixing of the polypropylene and polyethylene blend.
A prima facie case of obviousness exists for the process, wherein patented claims disclose xylene insoluble content (XCI) of 65 to 88 wt %, a xylene soluble content (XCS) of 12 to 35 wt %, and the xylene soluble content (XCS) fraction having an intrinsic viscosity of 1.2 dl/g to less than 3.0 dl/g, overlapping the requirement of claim 3. See In re Wertheim regarding prima facie cases with overlapping ranges (In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976) See MPEP § 2144.05). Since the patented process involve the manufacturing of the composition of claim 3, the composition of claimed 3 properties disclosed in the dependent claims are being considered as a part of the claimed composition itself.
Regarding instant claims 5-8, 11-15, patented claims 1, 11 discloses an article composition comprising melt mixing the blend: a) 80 to 97 wt. % of a blend (A) comprising A-1) polypropylene and A-2) polyethylene, wherein the weight ratio of polypropylene to polyethylene is from 3:7 to 13:7 (fall into instant claimed 65 to 99 wt and ratio of 19:1 to 1:19), and b) 3 to 20 wt. % of a compatibilizer (B) (fall into instant claimed range of 1 to 35 wt%) being a heterophasic random copolymer comprising a random polypropylene copolymer matrix phase and an elastomer phase dispersed therein, whereby the heterophasic random copolymer has: a xylene insoluble content (XCI) of from 65 to 88 wt % (overlapping instant claimed range of 60 to 80 wt% , and a xylene soluble content XCS of 12 to 35 wt. % (overlapping instant claimed range of 20 to 40 wt%) xylene soluble content fraction having an intrinsic viscosity of 1.2 dl/g to less than 3.0 dl/g (overlapping instant claimed range of 2.1 dl/g to less than 6.0 dl/g, and wherein xylene insoluble content (XCI) and xylene soluble content (XCS) add up to 100 wt %, a tensile modulus of at least 800 MPa, the ratio of MFR.sub.2 (blend (A))/MFR.sub.2 (compatibilizer(B)), is in the range 0.5 to 1.5 (fall into claimed range of 0.5 to 2), content of limonene 1 to 100 ppm (fall into claim 8 range of 0.1 to 100 ppm), patented claim 3 discloses a content of units derived from ethylene in the xylene insoluble (XCI) fraction of from 2.0 to 6.0 wt % and/or whereby a content of units derived from ethylene in the xylene soluble (XCS) fraction of 25.0 to 38.0 wt % (fall into instant claimed range of 20 to 40 wt%), wherein patented claim 4 discloses MFR2 is in the range of 5 to 15 g/10 min (fall into patented claimed range of 2 to 30 g/10min).
Patented claims do not disclose instant claimed melting temperature of compatibilizer (B).
However, Kahlen-1 discloses blends of polypropylene and polyethylene, which contain a specific kind of compatibilizer comprising propylene homopolymer or an isotactic random copolymer of propylene with ethylene with melting temperature in the range of from 155 to 168 0C (para [0001], [0059]-[0070]), fall into claimed range of 155 to 168 0C.
It would have been obvious to one with ordinary skill, in the art at the time of invention, to modify patented claims with compatibilizer comprising propylene homopolymer or an isotactic random copolymer of propylene with ethylene as taught by Kahlen-1. The rationale to do so would have been motivation provided by of Kahlen-1 that to do so would provide optimum temperature in the range of from 155 to 168 0C for proper melt mixing of the polypropylene and polyethylene blend.
A prima facie case of obviousness exists for the process, wherein patented claims disclose xylene insoluble content (XCI) of 65 to 88 wt %, a xylene soluble content (XCS) of 12 to 35 wt %, and the xylene soluble content (XCS) fraction having an intrinsic viscosity of 1.2 dl/g to less than 3.0 dl/g, overlapping the requirement of claims 5, 12. See In re Wertheim regarding prima facie cases with overlapping ranges (In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976) See MPEP § 2144.05).
Regarding instant claim 9, patented claim 8 discloses Charpy notched impact strength (1eA) (non-instrumented, ISO 179-1 at +23° C.) of at least 6.0 kJ/m2.
Regarding instant claim 10, patented claim 8 discloses elongation break of at least 75%
Claims 3-15 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-13 of copending Application No17/277651 (as amended on 05/13/25 in view of Kahlen (US 2017/0044359; hereinafter called “Kahlen-1”).
Regarding instant claims 3-4, copending claim 13 discloses a process of making the copending claim 1 composition comprising melt mixing the blend: a) 80 to 97 wt. % of a blend (A) comprising A-1) polypropylene and A-2) polyethylene, wherein the weight ratio of polypropylene to polyethylene is from 9:1 to 13:7 (fall into instant claimed ratio of 19:1 to 1:19), and b) 3 to 15 wt. % of a compatibilizer (B) (fall into instant claimed range of 1 to 35 wt%) being a heterophasic random copolymer comprising a random polypropylene copolymer matrix phase and an elastomer phase dispersed therein, whereby; the heterophasic random copolymer has: a xylene insoluble content (XCI) of from 65 to 88 wt % (overlapping instant claimed range of 60 to 80 wt% , and a xylene soluble content XCS of 12 to 35 wt. % (overlapping instant claimed range of 20 to 40 wt%) xylene soluble content fraction having an intrinsic viscosity of 1.2 dl/g to less than 3.0 dl/g (overlapping instant claimed range of 2.1 dl/g to less than 6.0 dl/g, and wherein xylene insoluble content (XCI) and xylene soluble content (XCS) add up to 100 wt %, copending claim 4 discloses a content of units derived from ethylene in the xylene insoluble (XCI) fraction of from 2.0 to 6.0 wt % and/or whereby a content of units derived from ethylene in the xylene soluble (XCS) fraction of 25.0 to 38.0 wt % (fall into instant claimed range of 20 to 40 wt%), wherein copending claim 5 discloses MFR2 is in the range of 5 to 15 g/10 min (fall into copending claimed range of 2 to 30 g/10min).
Copending claims do not disclose instant claimed melting temperature of compatibilizer (B).
However, Kahlen-1 discloses blends of polypropylene and polyethylene, which contain a specific kind of compatibilizer comprising propylene homopolymer or an isotactic random copolymer of propylene with ethylene with melting temperature in the range of from 155 to 168 0C (para [0001], [0059]-[0070]), fall into claimed range of 155 to 168 0C.
It would have been obvious to one with ordinary skill, in the art at the time of invention, to modify copending claims with compatibilizer comprising propylene homopolymer or an isotactic random copolymer of propylene with ethylene as taught by Kahlen-1. The rationale to do so would have been motivation provided by of Kahlen-1 that to do so would provide optimum temperature in the range of from 155 to 168 0C for proper melt mixing of the polypropylene and polyethylene blend.
A prima facie case of obviousness exists for the process, wherein copending claims disclose xylene insoluble content (XCI) of 65 to 88 wt %, a xylene soluble content (XCS) of 12 to 35 wt %, and the xylene soluble content (XCS) fraction having an intrinsic viscosity of 1.2 dl/g to less than 3.0 dl/g, overlapping the requirement of claim 3. See In re Wertheim regarding prima facie cases with overlapping ranges (In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976) See MPEP § 2144.05). Since the copending process involve the manufacturing of the composition of claim 3, the composition of claimed 3 properties disclosed in the dependent claims are being considered as a part of the claimed composition itself.
Regarding instant claims 5-7, 11-15, copending claims 1, 12 discloses an article composition comprising melt mixing the blend: a) 85 to 97 wt. % of a blend (A) comprising A-1) polypropylene and A-2) polyethylene, wherein the weight ratio of polypropylene to polyethylene is from 9:1 to 13:7 (fall into instant claimed 65 to 99 wt and ratio of 19:1 to 1:19), and b) 3 to 15 wt. % of a compatibilizer (B) (fall into instant claimed range of 1 to 35 wt%) being a heterophasic random copolymer comprising a random polypropylene copolymer matrix phase and an elastomer phase dispersed therein, whereby; the heterophasic random copolymer has: a xylene insoluble content (XCI) of from 65 to 88 wt % (overlapping instant claimed range of 60 to 80 wt% , and a xylene soluble content XCS of 12 to 35 wt. % (overlapping instant claimed range of 20 to 40 wt%) xylene soluble content fraction having an intrinsic viscosity of 1.2 dl/g to less than 3.0 dl/g (overlapping instant claimed range of 2.1 dl/g to less than 6.0 dl/g, and wherein xylene insoluble content (XCI) and xylene soluble content (XCS) add up to 100 wt %, the ratio of MFR.sub.2 (blend (A))/MFR.sub.2 (compatibilizer(B)), is in the range 1.5 to 3.5 (overlapping claimed range of 0.5 to 2), copending 2 discloses a tensile modulus of at least 800 MPa, copending claim 4 discloses a content of units derived from ethylene in the xylene insoluble (XCI) fraction of from 2.0 to 6.0 wt % and/or whereby a content of units derived from ethylene in the xylene soluble (XCS) fraction of 25.0 to 38.0 wt % (fall into instant claimed range of 20 to 40 wt%), wherein copending claim 5 discloses MFR2 is in the range of 5 to 15 g/10 min (fall into copending claimed range of 2 to 30 g/10min).
Copending claims do not disclose instant claimed melting temperature of compatibilizer (B).
However, Kahlen-1 discloses blends of polypropylene and polyethylene, which contain a specific kind of compatibilizer comprising propylene homopolymer or an isotactic random copolymer of propylene with ethylene with melting temperature in the range of from 155 to 168 0C (para [0001], [0059]-[0070]), fall into claimed range of 155 to 168 0C.
It would have been obvious to one with ordinary skill, in the art at the time of invention, to modify copending claims with compatibilizer comprising propylene homopolymer or an isotactic random copolymer of propylene with ethylene as taught by Kahlen-1. The rationale to do so would have been motivation provided by of Kahlen-1 that to do so would provide optimum temperature in the range of from 155 to 168 0C for proper melt mixing of the polypropylene and polyethylene blend.
A prima facie case of obviousness exists for the process, wherein copending claims disclose xylene insoluble content (XCI) of 65 to 88 wt %, a xylene soluble content (XCS) of 12 to 35 wt %, and the xylene soluble content (XCS) fraction having an intrinsic viscosity of 1.2 dl/g to less than 3.0 dl/g, the ratio of MFR.sub.2 (blend (A))/MFR.sub.2 (compatibilizer(B)), overlapping the requirement of claims 5, 12. See In re Wertheim regarding prima facie cases with overlapping ranges (In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976) See MPEP § 2144.05).
Regarding instant claim 8, copending claim 10 discloses limonene conetent 1 to 100 ppm, fall into instant claimed 0.1 to 100 ppm.
Regarding instant claim 9, copending claim 8 discloses Charpy notched impact strength (1eA) (non-instrumented, ISO 179-1 at +23° C.) of at least 6.0 kJ/m2.
Regarding instant claim 10, copending claim 8 discloses elongation break of at least 20%, encompassing instant claimed range of at least 40%.
A prima facie case of obviousness exists for the process, wherein copensing claims disclose elongation break of at least 20%, encompassing the requirement of claim 10 . See In re Wertheim regarding prima facie cases with overlapping ranges (In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976) See MPEP § 2144.05).
This is a provisional nonstatutory double patenting rejection.
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.
Claims 3-15 are rejected under 35 U.S.C. 103 as being unpatentable over Kahlen (WO 2020/070175).
Regarding claim 3, Kahlen discloses a process for upgrading a polypropylene-polyethylene blend comprising 80-97 wt% polypropylene-polyethylene blend (A) with polypropylene and polyethylene in ratio of 3:7 to 13:7, wherein the composition satisfy notched Charpy impact strength (1 eA) non-instrumented (IS0179-1 ) at +23 °C by melt blending the polypropylene-polyethylene blend (A) with 3 to 20 wt% of compatibilizer (B) being a heterophasic random copolymer comprising matrix phase and elastomer phase dispersed therein (page 6, lines 15-, page 7, lines -14, page 27, line 15-, page 28, lines -5), fall into claimed polypropylene-polyethylene blend (A) with polypropylene and polyethylene in ratio of 19:1 to 1:19, and 1 to 35 wt% of compatibilizer (B), whereby the heterophasic copolymer has melt flow rate MFR2 (ISO1133, 230 0C) of 5 to 15 g/10min (page 11, lines 1-3), fall into claimed range of 2.0 to 30 g/10min, melt mixing temperature at 160 0C (page 28, lines 19-24), fall into claimed melting pint Tm1 in the range of 154 to 168 0C, xylene insoluble content (XCI) of 65 to 88 wt % (ISO 16152, 1 ed, 25°C), a xylene soluble content (XCS) of 12 to 35 wt % (ISO 16152, 1 ed, 25°C), and the xylene soluble content (XCS) fraction having an intrinsic viscosity (measured in decalin according to DIN ISO 1628/1 at 135°C) of 1.2 dl/g to less than 3.0 dl/g, whereby xylene insoluble content (XCI) and xylene soluble content (XCS) add up to 100 wt% (page 6, lines 29-, page 7, lines -3), overlapping claimed range of xylene insoluble content (XCI) of 60 to 80 wt % (ISO 16152, 1 ed, 25°C), a xylene soluble content (XCS) of 20 to 40 wt % (ISO 16152, 1 ed, 25°C), and the xylene soluble content (XCS) fraction having an intrinsic viscosity (measured in decalin according to DIN ISO 1628/1 at 135°C) of 2.1 dl/g to less than 6.0 dl/g, whereby a content of units derived from ethylene in the xylene insoluble (XCI) fraction of from 2.0 to 6.0 wt % and/or a content of units derived from ethylene in the xylene soluble (XCS) fraction of 25.0 to 38.0 wt% (page 10, lines 27-30), read on claimed content of units derived from ethylene in the xylene insoluble (XCI) fraction of from 2.0 to 6.0 wt% and fall into claimed content of units derived from ethylene in the xylene soluble (XCS) fraction of 20.0 to 40.0 wt.
A prima facie case of obviousness exists for the process, wherein Kahlen discloses xylene insoluble content (XCI) of 65 to 88 wt % (ISO 16152, 1 ed, 25°C), a xylene soluble content (XCS) of 12 to 35 wt % (ISO 16152, 1 ed, 25°C), and the xylene soluble content (XCS) fraction having an intrinsic viscosity (measured in decalin according to DIN ISO 1628/1 at 135°C) of 1.2 dl/g to less than 3.0 dl/g, overlapping the requirement of claim 3. See In re Wertheim regarding prima facie cases with overlapping ranges (In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976) See MPEP § 2144.05).
Regarding claim 4, Kahlen discloses the matrix phase includes a polypropylene homopolymer - random polypropylene copolymer mixture (page 21, lines 5-, page 22, lines -27).
Regarding claims 5, 11-12, 14, Kahlen discloses an article comprising a polypropylene-polyethylene blend comprising 80-97 wt% polypropylene-polyethylene blend (A) with polypropylene and polyethylene in ratio of 3:7 to 13:7, wherein the composition satisfy notched Charpy impact strength (1 eA) non-instrumented (IS0179-1 ) at +23 °C by melt blending the polypropylene-polyethylene blend (A) with 3 to 20 wt% of compatibilizer (B) being a heterophasic random copolymer comprising matrix phase and elastomer phase dispersed therein (page 6, lines 15-, page 7, lines -14, page 12, lines 17-18, page 27, line 15-, page 28, lines -5), fall into claimed amount of 65 to 99 wt% polypropylene-polyethylene blend (A) with polypropylene and polyethylene in ratio of 19:1 to 1:19, and 1 to 35 wt% of compatibilizer (B), whereby the heterophasic copolymer has melt flow rate MFR2 (ISO1133, 230 0C) of 5 to 15 g/10min (page 11, lines 1-3), fall into claimed range of 2.0 to 30 g/10min, melt mixing temperature at 160 0C (page 28, lines 19-24), fall into claimed melting pint Tm1 in the range of 154 to 168 0C, xylene insoluble content (XCI) of 65 to 88 wt % (ISO 16152, 1 ed, 25°C), a xylene soluble content (XCS) of 12 to 35 wt % (ISO 16152, 1 ed, 25°C), and the xylene soluble content (XCS) fraction having an intrinsic viscosity (measured in decalin according to DIN ISO 1628/1 at 135°C) of 1.2 dl/g to less than 3.0 dl/g, whereby xylene insoluble content (XCI) and xylene soluble content (XCS) add up to 100 wt% (page 6, lines 29-, page 7, lines -3), overlapping claimed range of xylene insoluble content (XCI) of 60 to 80 wt % (ISO 16152, 1 ed, 25°C), a xylene soluble content (XCS) of 20 to 40 wt % (ISO 16152, 1 ed, 25°C), and the xylene soluble content (XCS) fraction having an intrinsic viscosity (measured in decalin according to DIN ISO 1628/1 at 135°C) of 2.1 dl/g to less than 6.0 dl/g, whereby a content of units derived from ethylene in the xylene insoluble (XCI) fraction of from 2.0 to 6.0 wt % and/or a content of units derived from ethylene in the xylene soluble (XCS) fraction of 25.0 to 38.0 wt% (page 10, lines 27-30), read on claimed content of units derived from ethylene in the xylene insoluble (XCI) fraction of from 2.0 to 6.0 wt% and fall into claimed content of units derived from ethylene in the xylene soluble (XCS) fraction of 20.0 to 40.0 wt, whereby the ratio of MFR2 (blend (A)) / MFR2 (compatibilizer(B)) (IS01133, 2.16 kg load at 230 °C), is in the range 0.5 to 1.5 (page 10, lines 15-16), and tensile modulus of at least 800 MPa (measured according to ISO 527-2) (page 10, lines 19-21).
A prima facie case of obviousness exists for the composition, wherein Kahlen discloses xylene insoluble content (XCI) of 65 to 88 wt % (ISO 16152, 1 ed, 25°C), a xylene soluble content (XCS) of 12 to 35 wt % (ISO 16152, 1 ed, 25°C),and the xylene soluble content (XCS) fraction having an intrinsic viscosity (measured in decalin according to DIN ISO 1628/1 at 135°C) of 1.2 dl/g to less than 3.0 dl/g, overlapping the requirement of claims 5, 12. See In re Wertheim regarding prima facie cases with overlapping ranges (In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976) See MPEP § 2144.05).
Regarding claim 6, 13, Kahlen discloses the matrix phase includes a polypropylene homopolymer - random polypropylene copolymer mixture (page 21, lines 5-, page 22, lines -27).
Regarding claim 7, Kahlen discloses tensile modulus of at least 800 MPa (measured according to ISO 527-2) (page 10, lines 19-21).
Regarding claim 8, Kahlen discloses a content of limonene as determined using solid phase microextraction (HS-SPME-GC-MS) of from 1 ppm to 100 ppm (page 22, lines 18-20), fall into claimed range of 0.1 ppm to 100 ppm.
Regarding claim 9, Kahlen discloses Charpy notched impact strength (1 eA) (non-instrumented, ISO 179-1 at +23 °C) of at least 6.0 kJ/m2 (claim 9; read on claimed value).
Regarding claim 10, Kahlen discloses tensile modulus of 900 to 1400 MPa (page 25, lines 11-12), overlapping claimed range of at least 1200 MPa.
A prima facie case of obviousness exists for the composition, wherein Kahlen discloses tensile modulus of 900 to 1400 MPa, overlapping the requirement of claim 10. See In re Wertheim regarding prima facie cases with overlapping ranges (In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976) See MPEP § 2144.05).
Regarding claim 15, Kahlen discloses the heterophasic copolymer is a reactor blend of a propylene homopolymer, a random polypropylene copolymer and an ethylene propylene rubber (page 20, lines 14-, page 22, lines -27).
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