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 .
This communication responds to the Non-final rejection filed 01/26/2026.
The rejections of claim 4 under 35 USC 112 is WITHDRAWN due to Applicant’s responsive amendments.
Claims 1-7 are currently pending. This Office Action is a SECOND Non- final.
Claim Analysis
Summary of Claim 1:
An inorganic material-reinforced thermoplastic polyester resin composition, comprising
20 to 55 parts by mass of a polybutylene terephthalate resin (A),
1 to 30 parts by mass of a polyethylene terephthalate resin (B),
3 to 30 parts by mass of a semicrystalline resin and/or amorphous resin (C), and
25 to 65 parts by mass of an inorganic reinforcing material (D),
wherein the inorganic reinforcing material (D) in the inorganic material-reinforced thermoplastic polyester resin composition has a number average fiber length Ln of 100 to 500 µm, and
wherein the inorganic material-reinforced thermoplastic polyester resin composition has a flow length of 80 mm or more, and a crystallization temperature during cooling (Tc2M) as measured by differential scanning calorimetry (DSC) that satisfies: 160°C<Tc2M
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 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 1-7 are rejected under 35 U.S.C. 103 as being unpatentable over Fujii et al. (JP 5396690 B2 or JP 2008214558 (A) as listed on the IDS dated 2/8/2023, full English Machine translation incorporated herewith) in view of Sekimura et al. (US PG Pub. 2014/0371389 A1).
Regarding claims 1 and 6, Fujii et al. teach an inorganic-reinforced polyester resin composition for a molded product with high strength, high rigidity and good surface appearance and gloss (abstract), wherein the composition comprises 37 parts by mass of a polybutylene terephthalate resin, 17 parts by mass of a polyethylene terephthalate resin, 6 parts by mass of a copolyester with a molar ratio of 100/70/30 of terephthalic acid/ethylene glycol/neopentyl glycol (which correspond to the semicrystalline resin and/or amorphous resin), and 40 parts by mass of an inorganic reinforcing material ( Table 1, example 1), thereby reading on the claimed amounts of the claimed components A-D. Fujii et al. further teach the inorganic reinforced polyester resin composition has a cooling crystallization temperature Tc2M determined by a differential scanning calorimeter of 185°C or lower ([0017], claim 2, Table 1), as required by the instant claim.
Fujii et al. are silent on the number average fiber length Ln of the inorganic reinforcing material in the inorganic material-reinforced thermoplastic polyester resin composition. Fuji et al. are further silent on the Lw/Ln≤ 2 of the inorganic reinforcing material in the inorganic material-reinforced thermoplastic resin.
Sekimura et al. teach a thermoplastic composition comprising liquid crystalline polyester [0037] and glass fibers [0081] to obtain a molded article ([0029]-[0030]), wherein the glass fibers have a weight average fiber length (Lw) of 100-370 µm [0114] and a number average fiber length (Ln) from 80 to 250 µm [0115], wherein table 2, Examples 1-5 (page 8) teach glass fibers having a Lw in the range of 150-330 µm, Ln in the range of 110 to 204 µm and a ratio of Lw/Ln of less than 2, as required by the instant claim. Sekimura et al. offer the motivation of using glass fibers having a Ln and Lw within these ranges to improve the fluidity or the resin composition, processability, the external appearance of the surface of the molded article and enhancing the reinforcing effect due to the glass fibers [0116]. In light of these benefits, it would have been obvious to one of ordinary skill in the art before the effective filing date of claimed invention to have used the glass fibers having the Ln and Lw as taught by Sekimura et al. on the thermoplastic composition of Fuji et al., thereby arriving at the claimed invention.
Fujii et al. are silent on the flow length of the inorganic material-reinforced thermoplastic polyester resin composition as recited in the instant claim.
However, in view of the substantially identical inorganic material- reinforced thermoplastic polyester resin composition of Fujii et al. in view of Sekimura et al., the inorganic material- reinforced thermoplastic polyester resin composition of Fujii et al. in view of Sekimura et al. is expected to possess the claimed property of flow length because flow length is an inherent property (MPEP 2112).
Regarding claim 2, Fujii et al. teach the inorganic material-reinforced thermoplastic polyester resin composition comprises terephthalic acid//ethylene glycol/neopentyl glycol copolymer, a terephthalic acid//ethylene glycol/1,2-propane diol copolymer, and a terephthalic acid/isophthalic acid//ethylene glycol/neopentyl glycol copolymer ([0010], Table 1), as required by the instant claim.
Regarding claim 3, Fujii et al. teach the inorganic material-reinforced thermoplastic polyester resin composition satisfies the relation Tc2N -Tc2M≥ 10°C, wherein Tc2N is the temperature-decreasing crystallization temperature of the polyester-based resin composition when the semicrystalline resin and/or amorphous resin is the only resin not contained in the polyester-based resin composition ([0005], [0017], claims 1,3-4), as required by the instant claim.
Regarding claim 4, Fujii et al. teaches the inorganic material-reinforced thermoplastic polyester resin composition is substantially identical to the claimed invention, as previously discussed in the rejection of claim 1. Fujii et al. further teach the resins preferably have a molecular weight high enough to be usable as an engineering plastic by itself, exhibiting improved physical properties and toughness and teach that the molecular weight of the resin component is defined and controlled by reduced viscosity [0007]. Furthermore, Fuji et al. implies that the resin component possess a molecular weight within specific ranges of reduced viscosity to obtain a balance between toughness and fluidity ([0007], [0011], [0013]). Thus, Fujii et al. confirms that viscosity is correlated with molecular weight.
The reference further discloses reduced viscosity values for the resin component as follows: PBT is 0.70 dL/g; Toyobo PET, reduced viscosity 0.83 Dl/g; copolymer having a composition ratio of TPA//EG/NPG = 100/70/30 mol%, reduced viscosity 0.83 dL/g, copolymer having a composition ratio of TPA/IPA//EG/NPG = 50/50/50/50 mol%, reduced viscosity 0.56 dL/g ([0028]-[0029]). It is noted that the reduced viscosity of the resin component and composition of the copolymers in Fujii’s disclosure are substantially identical to the reduced viscosity of the resin component and the composition of the copolymers of the claimed invention (see [0011], [0013], [0019], [0054] of the instant specification). Accordingly, the weight average molecular weight and the number molecular weight Mn of the resin component of Fujii et al. are expected to fall into the claimed range of Mw/Mn because the molecular weight (reduced viscosity) have impact on the final properties (appearance, mechanical properties, warpage, [0036]) of the molded articles.
Regarding claim 5, Fujii et al. teach the content of the inorganic reinforcing material is 30-60% by mass [0016] and the examples in Table 1 list a content of 40 parts by mass of the inorganic reinforcing material, as required by the instant claim.
Regarding claim 7, Fujii et al. teach the inorganic material-reinforced thermoplastic polyester resin composition of Example 1 was prepared by a twin-screw extruder [0025], wherein the raw materials except the inorganic reinforcing material (glass fiber) were fed into the twin-screw extruder through a hopper and the inorganic reinforcing material was fed from a vent port by a side feed [0033], thereby reading on the instant claim.
Response to Arguments
Applicant’s arguments, see pages 5-8, filed 04/20/2026, with respect to the rejections of claims 1-7 under 35 USC 103 have been fully considered and are persuasive. However, upon further consideration, a new ground(s) of rejection is made under 35 USC 103 over Fuji et al. (JP 5396690 B2 or JP 2008214558 (A)) in view of Sekimura et al. (US PG Pub. 2014/0371389 A1).
Regarding the rejection, Applicant states the number-average fiber length of the glass fibers is controlled by the location of adding the inorganic reinforcing material. Therefore, Examiner agrees that the claimed Ln and Lw of the glass fiber will not necessarily be present in Fuji et al. However, attention is drawn to the rejection as set forth above, wherein Fuji et al. in view of Sekimura et al. teach the glass fibers having the claimed Ln of claim 1 and the claimed ratio Lw/Ln with a reasonable expectation of improving the fluidity of the resin composition, processability, mechanical properties and the surface appearance of the molded product.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to OLGA L. DONAHUE whose telephone number is (571)270-1152. The examiner can normally be reached M-F 8:00-5:00.
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/OLGA LUCIA DONAHUE/Examiner, Art Unit 1763
/CATHERINE S BRANCH/Primary Examiner, Art Unit 1763
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