CTNF 18/026,137 CTNF 78545 DETAILED ACTION Notice of Pre-AIA or AIA Status 07-03-aia AIA 15-10-aia 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 § 103 07-20-aia AIA 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. 07-21-aia AIA Claim (s) 1-10 and 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Rys-Sikora (GB 2,127,417) in view of Waki (US 4,797,426) and Sheldon (GB 1,331,473) . Rys-Sikora is directed to a foamable composition comprising 5-95 parts of polyvinyl chloride (PVC) and 5-95 parts of an ethylene terpolymer (ethylene-butyl acrylate-carbon monoxide) (Page 1, Lines 58-79). In such an instance, said terpolymer corresponds with the claimed carrier resin. Rys-Sikora further teaches the inclusion of known processing aids (Page 2, Lines 64-71). In such an instance, though, Rys-Sikora (a) fails to disclose the specific inclusion of processing aids having high molecular weights (defined by Applicant as being at least 500,000) and furthermore, (b) fails to disclose the composition as being in the form of particles having a particle size of at least 2 mm. Regarding (a), high molecular weight processing aids are extremely well known and conventional in the manufacture of PVC based foams, as shown for example by Waki (Abstract and Column 8, Lines 32-42). Waki further states that super high molecular weight processing aids provide, for example, improvements in moldability (Column 8, Lines 5-20). One of ordinary skill in the art would have found it obvious to use a well-known and conventional processing aid in PVC-containing foams as the processing aid taught by Rys-Sikora for the benefits detailed above. Additionally, Rys-Sikora teaches the inclusion of 2-15 phr of said processing aid (Column 9, Lines 5+) and such would satisfy the claimed loading relationship given that the carrier resin of Rys-Sikora (ethylene terpolymer) can be included at loadings as small as 5 parts in relation to the blend of PVC and said terpolymer. Lastly, regarding claim 1, it is generally well known that large amounts of waste are associated with the manufacture of PVC-based foams. This is exemplified by Sheldon (Page 1, Lines 9-12). More particularly, Sheldon teaches a method of reprocessing waste foam (PVC foam) and a first step in such a method is forming said foam into particles having a particle size between 3 mm and 15 mm (Page 1, Lines 56+). One of ordinary skill in the art would have found it obvious to carry out the reprocessing method of Sheldon with the PVC-based foam of Rys-Sikora in order to reduce or eliminate the quantity of waste foam. With respect to claims 2-5, Waki discloses exemplary processing aids (e.g. Metablen P-530 or P-531) and such aids are composed of methyl methacrylate and alkyl acrylate (e.g. butyl acrylate). Regarding claims 6 and 7, Waki teaches the inclusion of super high molecular weight processing aids having a weight of at least 1,500,000. This disclosure encompasses processing aids having molecular wights of at least 5,000,000 and more preferably, at least 10,000,000. It is emphasized that such molecular weights are consistent with conventional processing aids used in PVBC-based compositions. Lastly, Applicant has not provided a conclusive showing of unexpected results for the claimed molecular weights. Regarding claim 10, the particles in the modified composition of Rys-Sikora include polyvinyl chloride, an ethylene terpolymer (claimed carrier resin), and a processing aid . 07-21-aia AIA Claim (s) 10-14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Huang (CN 102382395) in view of Waki and optionally in view of Sheldon . Huang is directed to a composition comprising virgin polyvinyl chloride resin (30-40 parts), recycled polyvinyl chloride (60-70 parts), an acrylic acid ester impact resistant modifier (2-3 parts based on the chloride blend), and titanium white (3-5 parts based on the chloride blend). In such an instance, said modifier corresponds with the claimed processing aid. Also, titanium white can be viewed as a passive carrier resin in the same manner that Applicant defines a variety of inorganic materials as passive carrier resins. More particularly, when a modifier loading is 3 parts, any titanium white loading would result in a quantitative relationship that satisfies the claimed invention (smallest percentage of the modifier would be approximately 37% or 3/8). In such an instance, though, Huang fails to specifically describe said modifier as having a high molecular weight. Waki is similarly directed to PVC-based compositions and teaches the general order of molecular weights associated with “usual” acrylic resins (modifiers) and “super high” acrylic resins (Column 8, Lines 32+). One of ordinary skill in the art would have found it obvious to use conventional acrylic resins as the acrylic resins taught by Huang and such resins have molecular weights in accordance to the claimed invention (and thus define high molecular weight processing aids as required by the claimed invention). Lastly, regarding claims 10 and 14, the claims fail to require that the “composition” is in a particle form having a particle size of at least 2 mm. More particularly, the claims simply require that a specific combination of compositional elements are present, those being a polyvinyl chloride resin, a processing aid, and a carrier resin (for example, a particle can be melted during mixing and processing and the compositional elements of a particle would still be present). Sheldon is optionally applied to evidence a composition including recycled PVC (as is the case in Huang) and such is incorporated into a further composition in a particulate form with a size greater than 2 mm. Regarding claim 14, all of the ingredients are mixed together and such is seen to satisfy the claimed method. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to JUSTIN R FISCHER whose telephone number is (571)272-1215 . The examiner can normally be reached M-F 5:30-2:00. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Katelyn Smith can be reached at 571-270-5545. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. Justin Fischer /JUSTIN R FISCHER/Primary Examiner, Art Unit 1749 March 25, 2026 Application/Control Number: 18/026,137 Page 2 Art Unit: 1749 Application/Control Number: 18/026,137 Page 3 Art Unit: 1749 Application/Control Number: 18/026,137 Page 4 Art Unit: 1749 Application/Control Number: 18/026,137 Page 5 Art Unit: 1749 Application/Control Number: 18/026,137 Page 6 Art Unit: 1749