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 .
This Office Action is in response to the application filed 7/10/2023.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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 1-4, 7 and 10-11 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Yasuji, et al. (JP 2012-229325; English Machine Translation incorporated herewith).
Regarding claims 1 and 7, Yasuji et al. teach a polyolefin based resin composition (Abstract) comprising a polyolefin resin thereby reading on the olefin polymer, talc thereby reading on the inorganic filler and 0.1 to 2 parts by weight of a dihydroxystearic acid metal salt wherein zinc 1,2-dihydroxystearate is preferred which reads on the compound as required by formula 1 when M is zinc, q + r is 2, and R1 represents a C17 monovalent linear aliphatic hydrocarbon and wherein the amount of 0.1 to 2 parts by weight taught by Yasuji et al. corresponds to the 0.001 to 3 mass% of the compounds represented by formula 1 as required by the instant claim 1.
Regarding claim 2, Yasuji et al. teach the polyolefin resin is a propylene (claim 2).
Regarding claim 3, Yasuji et al. teach ethylene [0008].
Regarding claim 4, Yasuji et al. teach talc as set forth above (Abstract).
Regarding claim 10, Yasuji et al. teach a molded body containing the resin composition (Title, Abstract, [0014]).
Regarding claim 11, Yasuji et al. teach a method for producing the molded body wherein the method comprises melt kneading with a kneader, screw extruder or Banbury mixer [0046] thereby reading on the step of A’ pulverizing the resin material and further teach the step of molding the melt-kneaded resin composition into a molded article [0047] into a predetermined shape thereby reading on the step B’ molding the pulverized material into a molded body as required by the instant claim.
Claims 1-4 and 10-11 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Sasaki, et al. (US PG Pub 2020/0247984 A1).
Regarding claim 1, Sasaki et al. teach a resin composition (Abstract) comprising a polypropylene resin thereby reading on the olefin polymer, talc thereby reading on the inorganic filler, and from 0.01 to 1 parts by weight of a metallic sap that is aluminum 12-hydroxy stearate [0046] wherein the aluminum 12-hydroxy stearate reads on the compound as required by formula 1 when M is aluminum, q + r is 3, and R1 represents a C17 monovalent linear aliphatic hydrocarbon and wherein the amount of 0.01 to 1 parts by weight taught by Sasaki et al. corresponds to the 0.001 to 3 mass% of the compounds represented by formula 1 as required by the instant claim 1.
Regarding claim 2, Sasaki et al. teach propylene (Abstract).
Regarding claim 3, Sasaki et al. teach ethylene [0024].
Regarding claim 4, Sasaki et al. teach talc (Abstract).
Regarding claim 10, Sasaki et al. teach a molded article comprising the resin composition (Title, [0001]).
Regarding claim 11, Sasaki et al. teach a method for producing the molded body wherein the method comprises kneading with a kneader, screw extruder or Banbury mixer [0060] thereby reading on the step of A’ pulverizing the resin material and further teach the step of molding the melt-kneaded resin composition into a molded article [0062] thereby reading on the step B’ molding the pulverized material into a molded body as required by the instant claim.
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 5-6 and 9 are rejected under 35 U.S.C. 103 as being unpatentable over Yasuji, et al. (JP 2012-229325; English Machine Translation incorporated herewith) in view of Li (CN110615930A English Machine Translation incorporated herewith).
Regarding claims 5-6, Yasuji et al. teach the polyolefin composition according to claim 1 as set forth above and incorporated herein by reference. Yasuji et al. teach other additives in the composition [0038].
Yasuji et al. do not particularly teach 0.001 to 3 mass% of a pigment and are further silent on the pigment being carbon black.
Li teaches polyethylene compositions comprising inorganic fillers and carbon black, wherein the carbon black is present in an amount of 3 parts by weight (claim 1) thereby overlapping with the claimed range of from 0.001 to 3 mass% as required by the instant claim. Li offers the motivation of choosing a carbon black for use in a polyethylene composition due to its ability to make the material conductive [0005] without affecting the mechanical properties of the plastic material. In light of these benefits, it would have been obvious to one of ordinary skill in the art to use the carbon back in the amount taught by Li in the polyolefin composition of Yasuji et al., thereby arriving at the claimed invention.
Regarding claim 9, Yasuji et al. teach other additives such as heat stabilizers in the composition [0038].
However, Yasuji are silent on the composition comprising zinc bis(stearate).
Li teaches the polyethylene composition comprising zinc stearate (reading on zinc bis(stearate)) wherein the zinc stearate is a heat stabilizer. Li offer the motivation of using the zinc stearate in particular due to its ability to offer heat stabilization to the polyethylene composition (claim 3). In light of these benefits, it would have been obvious to one of ordinary skill in the art to use the zinc stearate of Li in the polyolefin composition of Yasuji thereby arriving at the claimed invention.
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Yasuji, et al. (JP 2012-229325; English Machine Translation incorporated herewith) in view of Takumi (JP H02255844 A; English Machine Translation incorporated herewith).
Regarding claim 8, Yasuji et al. teaches the composition of claim 1 as set forth above and incorporated herein by reference. Yasuji et al. teach other additives in the composition [0038].
Yasuji et al. do not particularly teach basic zinc carbonate.
Takumi et al. teach a resin composition comprising polyolefins such as polyethylene (p. 4, second paragraph) further comprising basic zinc carbonate (Abstract, claim 1). Takumi et al. offer the motivation of preferably using the basic zinc carbonate due to its ability to reduce discoloration of the resin composition [0001]. In light of these benefits, it would have been obvious to one of ordinary skill in the art to use the basic zinc carbonate as taught by Takumi et al. in the composition of Yasuji et al., thereby arriving at the claimed invention.
Claims 5-6 and 9 are rejected under 35 U.S.C. 103 as being unpatentable over Sasaki, et al. (US PG Pub 2020/0247984 A1) in view of Li (CN110615930A English Machine Translation incorporated herewith).
Regarding claims 5-6, Sasaki et al. teach the olefin resin composition according to claim 1 as set forth above and incorporated herein by reference. Sasaki et al. teach the composition comprises other additives [0053].
Sasaki et al. are silent on the additive being carbon black and further silent on the amount required by the instant claim.
Li teaches polyethylene compositions comprising inorganic fillers and carbon black, wherein the carbon black is present in an amount of 3 parts by weight (claim 1) thereby overlapping with the claimed range of from 0.001 to 3 mass% as required by the instant claim. Li offers the motivation of choosing a carbon black for use in a polyethylene composition due to its ability to make the material conductive [0005] without affecting the mechanical properties of the plastic material. In light of these benefits, it would have been obvious to one of ordinary skill in the art to use the carbon back in the amount taught by Li in the polyolefin composition of Sasaki et al., thereby arriving at the claimed invention.
Regarding claim 9, Sasaki et al. teach other additives such as heat stabilizers in the composition [0053].
However, Sasaki are silent on the composition comprising the particular heat stabilizer being is zinc bis(stearate).
Li teaches the polyethylene composition comprising zinc stearate (reading on zinc bis(stearate)) wherein the zinc stearate is a heat stabilizer. Li offer the motivation of using the zinc stearate in particular due to its ability to offer heat stabilization to the polyethylene composition (claim 3). In light of these benefits, it would have been obvious to one of ordinary skill in the art to use the zinc stearate of Li in the polyolefin composition of Sasaki thereby arriving at the claimed invention.
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Sasaki, et al. (US PG Pub 2020/0247984 A1) in view of Takumi (JP H02255844 A; English Machine Translation incorporated herewith).
Regarding claim 8, Sasaki et al. teaches the composition of claim 1 as set forth above and incorporated herein by reference. Sasaki et al. further teach the composition comprising other additives [0053].
Sasaki et al. do not particularly teach basic zinc carbonate.
Takumi et al. teach a resin composition comprising polyolefins such as polyethylene (p. 4, second paragraph) further comprising basic zinc carbonate (Abstract, claim 1). Takumi et al. offer the motivation of preferably using the basic zinc carbonate due to its ability to reduce discoloration of the resin composition [0001]. In light of these benefits, it would have been obvious to one of ordinary skill in the art to use the basic zinc carbonate as taught by Takumi et al. in the composition of Sasaki et al., thereby arriving at the claimed invention.
Conclusion
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/ARRIE L REUTHER/Supervisory Primary Examiner, Art Unit 1764