DETAILED ACTION
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 7/31/2026 has been entered.
Claim Objections
Claims 1, 5, 6, 8, 9, 11, and 14 are objected to because of the following informalities:
in lines 2 – 4, Claim 1 should be amended to recite “(i) providing at least one recycled polyolefin; ; and optionally at least one additional polymer; and”;
the dash in the phrase “comprising –” in line 7 of Claim 1 should be deleted;
the full names for PE, MDPE, HDPE, LLDPE, LDPE, and PP should be provided in Claim 5 prior to the first recitation of each abbreviation thereof;
Claim 6 should be amended to recite “dry blending before
“done using” in Claims 8, 9, and 14 should be substituted with “performed with”;
Claim 9 should also be amended to recite “200°C when the at least one recycled polyolefin is a polyethylene-rich recycled polyolefin…220°C when the at least one recycled polyolefin is a polypropylene-rich recycled polyolefin”;
it is suggested Claim 11 be amended to recite “and the carrier polymer can also be identical or different from the at least one additional polymer”; and
Claim 14 should be amended to recite “160°C when the carrier polymer is a polyethylene” and “185°C when the carrier polymer is a polypropylene”.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-2, 4-11, and 13-21 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as failing to set forth the subject matter which the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the applicant regards as the invention because:
Use of parentheses in Claims 1 and 19-20 – e.g. (ASTM D1709A), (ISO180), etc. – renders the scope of the claim’s indefinite, as it is unclear whether the limitations enclosed in parentheses are optional or required. For the purposes of examination, these limitations will be interpreted as not being required.
Claim 1 sets forth “at least one random alpha-olefin copolymer and/or at least one tackifier” in lines 4-5 and further sets forth “(B) about 2 to about 20 wt%” and “(C) about 2 to about 20 wt%” thereby requiring the presence of both these compounds. It is consequently unclear whether or not the claim requires both the at least one random alpha-olefin copolymer and/or at least one tackifier be provided. For purposes of examination, the claim will be interpreted as setting forth “at least one random alpha-olefin copolymer and at least one tackifier” in lines 4-5. Based on this interpretation, Claim 13 will also be interpreted as setting forth the at least one random alpha-olefin copolymer and the at least one tackifier.
Claims 2, 4-11, and 13-21 are further rejected under 35 U.S.C. 112(b) because they ultimately depend on claim 1 and therefore inherit the deficiencies thereof.
Claims 6 and 10 recite “intimate mixing”. It is unclear how this is defined and therefore the scope of the claim is unclear. For purposes of examination, the word “intimate” will not be considered.
Claim 11 recites the limitation "at least one carrier polymer" in line 1. The scope of the claim is indefinite as there is insufficient antecedent basis for this limitation in the claim. For purposes of examination, the claim will be interpreted as “the carrier polymer”
The following is a quotation of 35 U.S.C. 112(d):
(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph:
Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
Claim 10 is rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends. The limitations regarding a second masterbatch of claim 10 fail to include all the limitations of claim 1, wherein the at least one random alpha-olefinic copolymer and the at least one tackifier are present in the first masterbatch. Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements.
Allowable Subject Matter
Claims 1-2, 4-11, and 13-21 would be allowable if rewritten or amended to overcome the objections to the claims and rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action.
The following is a statement of reasons for the indication of allowable subject matter:
The prior art does not teach or suggest a process for producing a polyolefin composition comprising all of the instantly claimed ingredients in the instantly claimed amounts, including providing and melt blending at least one recycled polyolefin and said masterbatch comprising a carrier polymer and about 5 to about 70 weight percent of at least one random alpha-olefinic copolymer and at least one tackifier.
US 2019/0136100 to Tran et al. and US 2018/0282451 to Carvagno et al. correspond to the closest prior art.
Tran teaches a visbreaking process [title] and hot melt adhesive composition [0040] comprising 10-100 wt% of a visbroken polyethylene copolymer, plastomer, or elastomer [0041] that can be readily recycled [0141] (corresponding to (A)) and have utility in other fields such as carriers for masterbatches [Tran, 0205]. Tran further teaches one or more tackifiers in an amount of 0-70 wt% [0043] having a softening point of from 10-140°C [0163], preferably above 70°C [0166] (corresponding to (C)).
Tran does not teach or fairly suggest a component (B) that is an amorphous polypropylene-ethylene copolymer, and is further silent on the claimed amount of 2-20 wt% of (B), the component (B) having claimed glass transition temperature of equal to or below -10°C, and the (B) to (C) ratio of between about 0.2 to about 5.0.
Tran does not teach or suggest said polyolefin composition having a melt flow rate increase of about 5 to 400% when compared to a same polyolefin composition without said random alpha-olefinic copolymer, said tackifier and said at least one additional polymer.
Tran does not teach or fairly suggest a masterbatch comprising a carrier polymer and about 5-70 weight percent of at least one random alpha-olefinic copolymer and at least one tackifier. Tran and Carvagno are further silent that the polyolefin composition comprises about 5-40 wt% of said masterbatch.
Carvagno teaches a composition comprising polyolefins and 1 to 20 weight percent amorphous propylene-ethylene copolymer and amorphous polyolefins [Carvagno, title and 0017], such as Aerafin® 17 [Carvagno, 0118] (corresponding to (B)).
The combination of Tran and Carvagno are silent regarding a masterbatch comprising a carrier polymer and about 5-70 weight percent of at least one random alpha-olefinic copolymer and at least one tackifier, and are further silent that the polyolefin composition comprises about 5-40 wt% of said masterbatch. Furthermore, the amounts of tackifier taught by Tran ( 0-70 wt% [0043]) and a ratio of random olefinic copolymer and tackifier (calculated as greater than 0.01) further need to be selected from broad, overlapping ranges. As such, Tran and Carvagno would not be able direct one of ordinary skill in the art to arrive at the instantly claimed invention without improper hindsight. Moreover there is simply no other prior art that teaches the claimed features with motivation to combine with the teachings of Tran and Carvagno.
Response to Arguments
Applicant’s arguments, see pages 7-8 of remarks, filed 7/31/2026, with respect to newly amended claim 1 have been fully considered and are persuasive. The rejection of claims 1-11, and 13-21 has been withdrawn.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DEVIN MITCHELL DARLING whose telephone number is (703)756-5411. The examiner can normally be reached Monday - Friday 7:30am - 5:00pm.
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/DEVIN MITCHELL DARLING/Examiner, Art Unit 1764
/MELISSA A RIOJA/Primary Examiner, Art Unit 1764
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