DETAILED ACTION
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.
Claims 1 to 7 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by JP 2019/183129, as interpreted by the English language translation and evidenced by the Engage 8200 data sheet (both attached).
JP teaches a polypropylene composition. This contains a polypropylene based
polymer as found on the top of the third page of the translation (line starting with “It is important that the film of the presence invention contains a polypropylene-based resin”).
This meets the claimed propylene based polymer B.
In addition to this another polymer, referred to as polymer A, is present. See the paragraph 2 below the polypropylene paragraph noted supra (line starting with “The resin A is not particularly limited…”). This meets the claimed polymer A.
As such both of the required polymers in claim 1 are present in the JP reference.
In the third full paragraph on page 5 of the translation (line starting with “When the filmi of the present invention contains the above described resin A”) the JP teaches that the polymer A (meeting claimed polymer A) is present in a sea-island structure in which resin A is dispersed in the polypropylene resin. This meets the requirement (1).
In the working examples polymer A-1 is EG8200, an ethylene-octene copolymer. As evidenced by the attached date sheet, this has a Tg of -53oC. Such a copolymer meets the requirement (2).
The composition in the JP reference has a crystal orientation degree of .5 to .7. Note that this property is obtained in the same manner as applicants, though JP does not multiply the value times 100. See the formula found in the first few lines on page 1, as well as page 2, the section starting with :(1) The half-value width in the azimuth… “. Once multiplied this is a crystal orientation range of from 50 to 70% which overlaps to a significant degree with that claimed to anticipate the range of 60 to 80%. This meets the requirement (3).
In this manner each of the claimed polymers and requirements in claim 1 are fully taught and anticipated by the JP reference. In addition to that above, see the working examples which show multiple compositions having a crystal orientation value of around 63 to 66%.
For claim 2, see the paragraph below the one that defines resin A. This teaches amounts of each polymer that meet this range. Also see the working examples which anticipate compositions within this range.
For claims 3 to 6, note that EG8200 meets this requirement. See again the data sheet for EG8200.
For claim 7, see the method of making the composition found in Example 1 of the JP reference.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MARGARET MOORE whose telephone number is (571)272-1090. The examiner can normally be reached on Monday to Friday, 10 am to 5 pm. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Heidi Kelly, can be reached at 571-270-1831.
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/MARGARET G MOORE/Primary Examiner, Art Unit 1765
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