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 .
Priority
Applicant’s claim of priority as a 35 U.S.C. §371 national stage entry of
PCT/US2021/052523 filed Sept. 29, 2021, which in turn claims priority to provisional application 63/089,349 filed Oct. 8, 2020, is hereby acknowledged.
Election/Restriction
Applicant’s election, without traverse, of Group I (claims 1-15) in the reply filed on Jan. 9, 2026, to the restriction requirement dated Nov. 26, 2025, is hereby acknowledged. Accordingly, claims 1-15 have been examined in the instant Office action, whereas claims 16-19 and 22 have been withdrawn from consideration as drawn to a nonelected invention but remain pending with the present application.
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 1-9, 11 and 13-15 are rejected under 35 U.S.C. §102(a)(1) as anticipated by Schmitz (US 2017/0274364 A1 to Schmitz et al., published Sept. 28, 2017).
Schmitz discloses process for preparing a support/catalyst system including at least two different active catalyst components on a support, wherein a first active catalyst component is applied to a support at a predetermined temperature, wherein, subsequently, a second active catalyst component is applied to the support at a temperature that is at least 20°C lower than the first predetermined temperature, and wherein the catalyst system can be used for polymerizing olefins (abstract; [0008] to [0013]; [0129] to [0133]; [0148]; claims 1, 2, 8 and 10 of Schmitz). The process can be used for preparing a support/hybrid catalyst system that comprises an early transition metal compound and a late transition metal compound, preferably a metallocene, such as a hafnocene (i.e., contains hafnium as the “M” substituent), as the first transition metal complex and an iron-containing transition metal complex as the second complex ([0013] to [0018]; Formula (I) of Schmitz).
Schmitz further discloses that complexes of Formula (I) also include compounds having at least one ligand that is formed by a cyclopentadienyl or hetero-cyclopentadienyl and a fused-on heterocycle, with the heterocycles are preferably aromatic containing nitrogen and/or sulfur ([0036] of Schmitz). The complex of Formula 1 can be a compound of chemical formula (1a) as depicted in paragraph [0037], wherein M’’ can be hafnium and substituent XA can be fluorine, which is analogous to that depicted as Formula (A) in present independent claim 1, and wherein the cyclopentadienyl radicals can be identical ([0037] to [0052]) of Schmitz.
Schmitz also discloses that the second catalyst can be an iron catalyst having the chemical formula (IIa), which is analogous to the 2,6-bis(imino)pyridyl iron complex formula represented by Formula (I) in present independent claim 1, wherein DII in Formula (IIa) is an uncharged donor (neutral) ([0095] to [0105] of Schmitz).
In Example 1, Schmitz discloses a method for preparing the two-catalyst system wherein a mixture of bis(n-butylcyclopentadienyl)-hafnium-dichloride and MAO (activator) is stirred for a specified time/temperature and is subsequently added to a pretreated support material while stirring. Subsequently, a second mixture of 2,6-diacetylpyridinebis(2,4-dichloro-6-methylphenylanil)iron dichloride and the MAO activator is added/stirred to obtain a solid, wherein the ratio of the total volume of the added solution to the pore volume of the support was 1.34. The solid was dried under reduced pressure until the residual moisture content of solvent was less than five percent (Example 1, [0145]). MAO is a methyl aluminoxane compound, which is disclosed as a useful aluminoxane compound activator ([0106] to [0109]).
Schmitz further teaches that the inorganic support can contain silica/silicon or inorganic halides/oxides, and can be treated by fluorination with a fluorine compound and need not contain an aromatic solvent ([0120 to [0124]). The silica gel used in the catalyst has a particle diameter of 5 to 200 microns ([0124]).
Thus, the instant claims are anticipated by Schmitz.
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.
Claims 10 and 12 are rejected under 35 U.S.C. §103 as unpatentable over Schmitz.
Schmitz was discussed above. Schmitz does not expressly disclose the surface area of its support material or the concentration of fluorine in its fluorination process of the support material.
However, it would have been within the purview of one skilled in the art, at the time of the filing of the present application, to select an optimal surface area for the support material, and a preferred concentration of fluorine for the fluorination process of the support material, so that the resultant two-catalyst/support system is more efficient in polymerizing olefins. Thus, the resultant enhanced properties of the resultant materials can be arrived by routine optimization of this variable (surface area and fluorine concentration). See MPEP §2144.05 II A.
Thus, the instant claims are unpatentable over Schmitz.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOHN J FIGUEROA whose telephone number is (571)272-8916. The examiner can normally be reached on 8:30 am -6:00 pm. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, JOSEPH DEL SOLE can be reached on 571-272-1130. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JOHN J FIGUEROA/Primary Examiner, Art Unit 1763
May 11, 2026
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