DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
The grounds of rejection set forth below are the same as those set forth in the previous Office action. For this reason, the present action is properly made final.
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office Action.
Claims 1-13 are pending.
Claim Objections
Claim 6 is objected to because of the following informalities:
Claim 6 recites “ther moplastic”, and it appears Applicant intended to recite “thermoplastic”.
Appropriate correction is required.
Terminal Disclaimer
The terminal disclaimer filed on 3/2/2026 disclaiming the terminal portion of any patent granted on this application which would extend beyond the expiration date of any patent granted from 17/915,659 has been reviewed and is accepted. The terminal disclaimer has been recorded.
Claim Rejections - 35 USC § 103
Claims 1-13 are rejected under 35 U.S.C. 103 as being unpatentable over Sim et al. Sim et al. (WO 2019/078464) in view of Denka Datasheet for Maleimide Type Heat Resistance Modifier.
While WO 2019/078464 is utilized for date purposes, the US equivalent (US 2020/0354561) is referred to in the body of the rejection below. All column and line citations are to the US equivalent.
Regarding claim 1: Sim is directed to a thermoplastic resin composition comprising:
100 parts by weight of a base resin comprising 20-70 wt% of (A1) of a rubber modified vinyl graft copolymer, in which styrene (equivalent to an aromatic vinyl) and acrylonitrile (equivalent to a vinyl cyanide) are graft copolymerized with butadiene rubber ([0032] [0036] [0089]) and 20-80 wt% of (A2) an aromatic vinyl vinyl cyanide copolymer ([0038]-[0041]), 10-35 wt% of a polyamide ([0050]-[0054]) and
1-15 parts by weight of (D) a polyether-ester-amide block copolymer ([0063]).
N-phenyl maleimide-styrene-maleic anhydride (PMI-SM-MAH) copolymer is not mentioned.
The Denka IP datasheet discloses a styrene N-phenylmaleimide maleic anhydride copolymer used as a heat resistance modifier additive for plastics. The amount utilized is given in two examples including 13 wt% per 87 wt% ABS base resin (equivalent to 15 wt% per 100 part by weight based resin ABS) and 5 wt% per 47.5 base resin ABS (equivalent to 11 wt% per 100 parts by weight base resin). One skilled in the art would have been motivated to have included the Denka IP copolymer in the composition of Sim for high heat resistance and excellent heat stability, which is economical and compatible with polyamides by reacting with the maleic anhydride monomer. Therefore, it would have been obvious to one skilled in the art at the time the invention was filed to have included the Denka IP copolymer in the composition of Sim to arrive at claim 1 of the present invention.
Regarding claim 2: The rubber-modified vinyl graft copolymer may form a core (rubber polymer)-shell (copolymer of the monomer mixture) structure. ([0029] Sim). Styrene (aromatic vinyl) and acrylonitrile (vinyl cyanide) are grafted to the core.
Regarding claim 3: The rubber polymer (rubber particle) may have an average particle diameter (D50) of about 0.05 μm to about 6 for example, about 0.15 μm to
about 4 μm, specifically about 0.25 μm to about 3.5 ([0031] Sim).
A prima facie case of obviousness typically exists when the ranges of a claimed composition overlap the ranges disclosed in the prior art. In re Peterson, 315 F.3d 1325, 1329 (Fed. Cir. 2003). In the present case, one skilled in the art could have easily selected an average particle diameter within the claimed range from Sim without undue experimentation.
Regarding claim 4: The g-ABS includes acrylate-styrene-acrylonitrile (g-ASA) ([0036] Sim).
Regarding claim 5: The aromatic vinyl monomer may be present in an amount of about 20 wt % to about 90 wt %, for example, about 30 wt % to about 80 wt %, based
on 100 wt% of the aromatic vinyl copolymer resin ([0041] Sim).
Regarding claim 6: The aromatic vinyl copolymer resin may have a weight average molecular weight (Mw) of about 10,000 g/mol to about 300,000 g/mol ([0047] Sim).
Regarding claim 7: The aromatic vinyl copolymer utilized in the working examples is a styrene acrylonitrile copolymer ([0090]-[0091] Sim).
Regarding claim 8: Polyamide 6 and polyamide 6T are utilized in the working examples ([0092-[0094] Sim).
Regarding claim 9: The same PMI-SM-MAH is utilized in the present invention as well as Denka IP datasheet. Namely, the MS-NM Denka grade is disclosed by both. Therefore, the copolymer comprises 20-55 wt% of an N-phenyl maleic maleimide derived component based on 100 wt%.
Regarding claim 10: The Denka IP N-phenylmaleimide maleic anhydride copolymer has a Tg of 185-196 ˚C (Denka IP datasheet Table).
Regarding claim 11: The poly(ether ester amide) block copolymer may be a block copolymer of a reaction mixture comprising an amino carboxylic acid, lactam or
diamine-dicarboxylic acid salt having 6 or more carbon atoms; a polyalkylene glycol; and a C4 to C20 dicarboxylic acid. ([0014] Sim)
Regarding claim 12: Additives may include a flame retardant, fillers, an antioxidant agent, an anti-dripping agent, a lubricant, a release agent, a nucleating agent, an antistatic agent, a stabilizer, a pigment, a dye, and a mixture thereof ([0078] Sim).
Regarding claim 13: A molded product from the composition is disclosed ([0083] Sim).
Response to Arguments
Applicant's arguments filed 3/2/2026 (herein Remarks) have been fully considered but they are not persuasive.
Applicant argues (p. 5-6 Remarks) Applicant submits one skilled in the art would not have been motivated to modify Sim as proposed by the OA. In contrast to the claimed composition, Sim specifically requires a modified polyolefin resin and heat resistant vinyl based copolymer resin as essential components. Accordingly, there is no motivation to exclude these essential components and replace with some other component.
This argument is not found persuasive since it is not necessary to exclude modified polyolefin resin and heat resistant vinyl based copolymer resin. Specifically, claim 1 recites comprising, and therefore includes additional components within the scope of claim 1.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Contact Information
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ROBERT T BUTCHER whose telephone number is (571)270-3514. The examiner can normally be reached Telework M-F 9-5 Pacific Time Zone.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Lanee Reuther can be reached at (571) 270-7026. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ROBERT T BUTCHER/Primary Examiner, Art Unit 1764
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