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 .
Election/Restrictions
Claims 17-23 withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected copolymer, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 11/05/2025.
Applicant’s election without traverse of a method for producing a polymer (claims 24-36) in the reply filed on 11/05/2025 is acknowledged.
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 24-36 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Narmon et al (Boosting PLA melt strength by controlling the chirality of co-monomer incorporation, Chem. Sci., 2021, 12, 5672-5681).
Narmon teaches a method of making a copolymer by a reaction of lactic and a-hydrobutyric acid, where the reagents above have opposite chirality (see Abstract).
Regarding claim 24, both Narmon and Applicant disclose synthesis of diethylglycolide from (L)- or (D)-a-hydroxybutyric acid using Zeolite catalyst with following ring opening polymerization (ROP) using stannous octoate as a catalyst and 1-dodecanol as an initiator (see Narmon’s “Experimental part” at page 5673 and printed publication of instant Application, see Example 1 at 0091- 0093).
In reference to corresponding limitations of claims 25 and 32 , Narmon teaches a comonomer content within the range of 0.4 to 10.5% (see Table 1 at page 5675).
Regarding claims 25, 27, 29-30 and 32-35, Narmon discloses that direct measurement of the melt strength is performed using Haul-off extensional rheometer. During the test an extruded polymer strand is passed through counter-rotating wheels. The wheel speed increases acceleration until the strand breaks. The force at breakage is recorded, representing the maximum melt strength. P(L-LD-co-D-EG) exhibited an average force of about 24.4 N (Fig. 3(B)), which is about two times higher than the force of P(L-LD) (see page 5678, left column).
In reference to claims 26, 28 and 31, Narmon teaches that P(D-LD-co-L-EG) exceeds the zero shear viscosity of P(L-LD) with a factor 6, exhibiting a unique beneficial impact on the viscoelastic properties of polylactide (see page 5676, right column). The actual zero-shear viscosity value is within the range of 15.2 to 143.3 kPa*s (see Table 1 at page 5675).
Frequency sweep measurements are carried out at 185 C with dynamic frequencies ranging from
0.1 to 100 rad s_1 at a strain amplitude of 1–10% (see Chapter “Small amplitude oscillatory shear” at page 5674, left column).
Regarding corresponding limitations of claims 26-36, Narmon discloses a test for measurement of extensional properties of the polymer melts at 185 °C, where the melt is pushed out through die of 2 mm at a piston speed of 0.05 mm s−1. The molten strands are attached to the Haul-off apparatus which spins the molten strands on a wheel, rotating at a pull-off speed of 100 mm s−1. The speed is linearly increased at an acceleration of 0.12 mm s−1 till the polymer melt breaks (see Chapter “Haul-off” at page 5674, right column).
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
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