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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 8/6/2026 has been entered.
Response to Amendment
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior office action.
All outstanding rejection from the final Office action mailed 4/14/2026 are withdrawn in light of applicant’s amendment filed on 7/14/2026 (and entered RCE filed on 8/6/2026).
Claim Rejections - 35 USC § 102/103
Claims 1-3 and 5-8 are rejected under 35 U.S.C. 102(a)(1) as anticipated by or, in the alternative, under 35 U.S.C. 103 as obvious over Kohler (US 9,428,637) in view of evidence provided by Menssen (US 2026/0201133).
With respect to claims 1-3 and 5, Kohler discloses a polyolefin composition (abstract) and exemplifies compositions comprising HECO (heterophasic propylene copolymer), polypropylene, Cyasorb UV 3853, and Irganox 1076 (Table 2, Examples 1, 2, and 3). While Kohler does not explicitly disclose hindered amine of claimed formula (1) or phenol-based antioxidant of claimed formula (2), Menssen discloses that Cyasorb UV 3853 is represented by formula
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(paragraph 0168) and Irganox 1076 is represented by
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(paragraph 0175), respectively. Therefore, Kohler inherently exemplifies compositions comprising polyolefin and light stabilizer including claimed formulae 1 and 2 when R6 and R9 are alkyl group with 18 carbon atoms. Kohler teaches that these stabilizing agents are related to stability against heat and light (col. 5, lines 10-14).
Kohler does not explicitly disclose L* (0 h) or LI (2,040 h) or ΔE, i.e., claimed properties related to stability against heat and light.
Nevertheless, Kohler anticipates the claimed ingredients of the composition, and the properties are evidently dependent upon the nature of the composition used. Case law holds that a material and its properties are inseparable. In re Spada, 911 F.2d 705, 709, 15 USPQ2d 1655, 1658 (Fed. Cir. 1990). Therefore, Kohler inherently has the claimed properties.
Alternatively, it would have been obvious to one of ordinary skill in the art to arrive at the claimed properties given that Kohler exemplifies a polyolefin formulation comprising the two light stabilizers and teaches that they provide heat and light stability.
With respect to claims 6-8, Kohler teaches that the compositions are blended and formed into a molded article by extrusion (col. 10, lines 19-30).
Claim Rejections - 35 USC § 103
Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over Kohler (US 9,428,637) in view of evidence provided by Menssen (US 2026/0201133) and further in view of Ayabe (US 2015/0353710).
The discussion with respect to Kohler and Menssen in paragraph 5 above is incorporated here by reference.
While Kohler generally teaches using light and heat stabilizers, it fails to disclose a hydroxybenzoate antioxidant.
Ayabe discloses a polyolefin resin composition comprising a hydroxybenzoate of formula
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wherein R3 is an alkyl group having 8-30 carbon atoms (abstract) and teaches that adding this compound with hindered amine light stabilizers helps reduce discoloration while maintaining weather resistance, i.e., light and heat stabilization (paragraphs 0006-0009). Ayabe discloses piperidyl hindered amine light stabilizers (paragraph 0031), like exemplified by Kohler.
Given that Kohler and Ayabe are drawn to stabilized polyolefin compositions comprising hindered amines and further given that Ayabe teaches the claimed compound of formula (3) is particularly useful in polyolefins when used with hindered amines, it would have been obvious to one of ordinary skill in the art to add an additional light stabilizer to the polyolefin composition taught by Kohler to further improve claimed weather resistance properties.
Response to Arguments
Applicant's arguments entered with the RCE filed on 8/6/2026 have been fully considered but they are moot in view of the new grounds of rejection set forth above.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to VICKEY NERANGIS whose telephone number is (571)272-2701. The examiner can normally be reached 8:30 am - 5:00 pm EST, Monday - Friday.
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/VICKEY NERANGIS/Primary Examiner, Art Unit 1763
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