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 § 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(s) 1-2, 4, 7-13, and 16-19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Vielsack (U.S. Patent Application Publication 2017/0253731), in view of Nadella et al. (U.S. Patent Application Publication 2006/0293454). Regarding Claims 1 and 2, Vielsack shows that it is known to have a thermoplastic vulcanizate (Abstract; 0006) comprising a thermoplastic (0005), a cross-linked rubber particle (0005), and a compatibilizer (0027), wherein the cross-linked rubber particle is dispersed in the thermoplastic serving as a continuous phase, wherein the cross-linked rubber particle is a product of a composition via a cross-linking reaction, and the composition comprises an ethylene copolymer (0132) and a cross-linking agent (0009). Vielsack describes various general amounts of each ingredient (0091, 0141-0143), but he does not specifically disclose the claimed weight percents and ratios. However, it would have been obvious to use any appropriate/desired amount of each ingredient in order to create a composition having the desired physical/chemical properties, and also because where the general conditions of a claim are disclosed by the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation (MPEP 2144.05 (II)(A)). Vielsack does not show the using a polyamide and a maleic anhydride compatibilizer. Nadella et al., hereafter “Nadella,” show that it is known to have a thermoplastic vulcanizate which comprises a polyamide and a maleic anhydride compatibilizer (0045). It would have been obvious to use Nadella’s specific ingredients as those in Vielsack’s composition because there is art recognized suitability for polyamide and maleic anhydride in thermoplastic vulcanizate compositions (MPEP 2144.07).
Regarding Claim 4, Vielsack shows the composition of claim 1 above, including one wherein the ethylene copolymer is ethylene-vinyl acetate copolymer (0132).
Regarding Claim 7, Vielsack shows the composition of claim 1 above, including one wherein the cross-linking agent is a peroxide (0054).
Regarding Claim 8, Vielsack shows the composition of claim 1 above, including one wherein the cross-linking agent is dicumyl peroxide (0089).
Regarding Claim 9, Vielsack shows the composition of claim 1 above, including one wherein the composition further includes a cross-linking aid, wherein the amount of cross-linking aid is 0.1-2wt% (0094).
Regarding Claim 10, Vielsack shows the composition of claim 9 above, including one wherein the cross-linking aid is triallyl isocyanurate (0095).
Regarding Claim 11, Vielsack shows that it is known to carry out a method for preparing a thermoplastic vulcanizate (Abstract; 0006), comprising subjecting a composition to a melt blending process, wherein the composition comprises ethylene copolymer, thermoplastic, and compatibilizer (0132, 0005, 0027), and mixing in a cross-linking agent such that the composition is subjected to a dynamic cross-linking process (0009, 0109, 0127). Vielsack describes various general amounts of each ingredient (0091, 0141-0143), but he does not specifically disclose the claimed weight percents and ratios. However, it would have been obvious to use any appropriate/desired amount of each ingredient in order to create a composition having the desired physical/chemical properties, and also because where the general conditions of a claim are disclosed by the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation (MPEP 2144.05 (II)(A)). Vielsack does not show the using a polyamide and a maleic anhydride compatibilizer. Nadella shows that it is known to have a thermoplastic vulcanizate which comprises a polyamide and a maleic anhydride compatibilizer (0045). It would have been obvious to use Nadella’s specific ingredients as those in Vielsack’s composition because there is art recognized suitability for polyamide and maleic anhydride in thermoplastic vulcanizate compositions (MPEP 2144.07).
Regarding Claim 12, Vielsack shows the method of claim 11 above, including one wherein the melt blending and crosslinking has a temperature of 170-200C (0109, 0127).
Regarding Claim 13, Vielsack shows the method of claim 11 above, including one wherein the ethylene copolymer is ethylene-vinyl acetate copolymer (0132).
Regarding Claim 16, Vielsack shows the method of claim 11 above, including one wherein the cross-linking agent is a peroxide (0054).
Regarding Claim 17, Vielsack shows the method of claim 11 above, including one wherein the cross-linking agent is dicumyl peroxide (0089).
Regarding Claim 18, Vielsack shows the method of claim 11 above, including one wherein the composition further includes a cross-linking aid, wherein the amount of cross-linking aid is 0.1-2wt% (0094).
Regarding Claim 19, Vielsack shows the method of claim 18 above, including one wherein the cross-linking aid is triallyl isocyanurate (0095).
Claim(s) 3 is/are rejected under 35 U.S.C. 103 as being unpatentable over Vielsack, in view of Weng (U.S. Patent 7,915,345). Vielsack shows the composition of claim 1 above, but he does not disclose the rubber particle size. Weng shows that it is known to have a thermoplastic vulcanizate composition wherein the cross-linked rubber part has a particle size of 5um (Column 6, lines 42-60). It would have been obvious to one of ordinary skill in the art to use Weng’s rubber particle size in Vielsack’s composition because there is art recognized suitability for such a particle size in a thermoplastic vulcanizate composition (MPEP 2144.07).
Response to Arguments
Applicant’s arguments with respect to the pending claim(s) have been considered but are moot because they are drawn to the claims as-amended which required further consideration and search.
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.
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MONICA ANNE HUSON
Primary Examiner
Art Unit 1742
/MONICA A HUSON/Primary Examiner, Art Unit 1742
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