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 .
Claim Rejections - 35 USC § 102
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 1-5 and 7-16 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Jensen et al (US 20050159300), cited in IDS.
Jensen teaches an olefin-based polymer which has (1) a density of 0.917 g/cm3; (2) a melt index (I2.16) of 1.09 g/10 min as measured with a load of 2.16 kg at 190° C.; and (3) a ratio between a melt index (I21.6) measured with a load of 21.6 kg and a melt index (I2.16) measured with a load of 2.16 kg at 190° C, where melt flow ratio MFR or HLMI/MI is of 20.8 (see Example 11.1 at Table 8B at 0388).
Note that according to claimed equation 1 , MFR value at density value of 0.917 g/cm3 should be between 18.62 and 24.62.
Regarding claims 15 and 16, Jensen teaches a corresponding method of polymerization, which includes a contacting an ethylene—1-hexene reaction mixture with hybrid supported catalyst (see 0361).
In addition, Jensen teaches that gas phase reaction represents one of the options for olefin polymerization (see 0284).
Thus, all limitation of claims 1,2 and 15 are met.
Regarding claim 3-5, Jensen discloses the following hybrid catalytic system (A+I) to obtain the polymer above:
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This hybrid system is almost identical to the one used in the instant Application. Indeed, Applicant uses the same Zr component (i.e., Chemical Formula 2-1 of instant claim 6).
In reference to claim 7, Jensen teaches the ratio between first and second metallocene is 1:0.937 (see Table 1 Entry 6 at 0359).
Regarding claims 8-11, both Applicant and Jensen use widely known co-catalysts and carriers. For instance both of them use methyl aluminoxane (MAO) (see Jensen at 0240 and printed publication at Preparation Example 1, see 0083), which corresponds with claimed Chemical Formula 5.
The molar ratio of the aluminum in the alumoxane to the metallocene in the composition is usually from about 1:10 to about 100,000:1 (see 0242).
The weight ratio of the chemically treated Solid oxide to the organoaluminum compound may range from about 1:5 to about 1,000:1 (see 0268).
In reference to claims 12-14, Jensen uses 1-Hexene as a comonomer (see Table 1 at 0359).
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.
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Jensen.
Regarding claim 6 Jensen teaches A+I catalyst system, described above.
While the component A is the same as Chemical Formula 2-1 of instant claim 6, the component I is a homolog of Chemical Formula 1-1 claimed.
In particular, claimed Chemical Formula 1-1 and Jensen’s component I both represent Hf-based catalyst with two substituted two cyclopentadienyl-type ligands.
However, Jensen teaches n-butyl radical substitution, while Applicant recites n-propyl radical.
Jensen teaches both propyl and n-butyl radical among alkyl substitutions in general catalyst description (see 0163).
In addition, propyl and butyl radicals are chemical homologs.
Compounds which are position isomers (compounds having the same radicals in physically different positions on the same nucleus) or homologs (compounds differing regularly by the successive addition of the same chemical group, e.g., by -CH2- groups) are generally of sufficiently close structural similarity that there is a presumed expectation that such compounds possess similar properties. In re Wilder, 563 F.2d 457, 195 USPQ 426 (CCPA 1977).
A prima facie case of obviousness may be made when chemical compounds have very close structural similarities and similar utilities. "An obviousness rejection based on similarity in chemical structure and function entails the motivation of one skilled in the art to make a claimed compound, in the expectation that compounds similar in structure will have similar properties." In re Payne, 606 F.2d 303, 313, 203 USPQ 245, 254 (CCPA 1979). See In re Papesch, 315 F.2d 381, 137 USPQ 43 (CCPA 1963) and In re Dillon, 919 F.2d 688, 16 USPQ2d 1897 (Fed. Cir. 1990).
Therefore, it would have been obvious to a person of ordinary skills in the art to interchangeably use propyl and butyl substitutions in Jensen’s catalyst, unless unexpected results are demonstrated.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to GREGORY LISTVOYB whose telephone number is (571)272-6105. The examiner can normally be reached 9am-5pm EST M-F.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Heidi Riviere Kelley can be reached at (571) 270-1831. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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GL
/GREGORY LISTVOYB/Primary Examiner, Art Unit 1765