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 .
Response to Amendment
The previous rejection of Claims 1-5, 7-12, under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite is/are withdrawn in light of the Applicant’s amendments.
The previous rejection of Claims 5, 7-8, 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claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends is/are withdrawn in light of the Applicant’s amendments.
The previous rejection of Claim(s) 10-12 under 35 U.S.C. 102(a)(1) as being anticipated by WO 2016/091872 A1 to Al-Enazi. (hereinafter Al-Enazi) is/are withdrawn in light of the Applicant’s amendments.
The previous rejection of Claim(s) 10-12 under 35 U.S.C. 102(a)(1) as being anticipated by US 2017/0029542 A1 to Mariott et al. (hereinafter Mariott) is/are withdrawn in light of the Applicant’s amendments.
The previous rejection of Claim(s) 1-12 under 35 U.S.C. 102(a)(1) as being anticipated by CN 101550210 A to Xu et al. (hereinafter Xu) is/are withdrawn in light of the Applicant’s amendments.
The previous rejection of Claim(s) 1, 2, 4-10, 12, under 35 U.S.C. 103 as being unpatentable over US 2019/0169325 A1 to Lee et al. (hereinafter Lee) is/are withdrawn in light of the Applicant’s amendments.
The previous rejection of Claim(s) 1-12, under 35 U.S.C. 103 as being unpatentable over WO 2016/091872 A1 to Al-Enazi. (hereinafter Al-Enazi) is/are withdrawn in light of the Applicant’s amendments.
The previous rejection of Claim(s) 1-12 under 35 U.S.C. 103 as obvious by US 2017/0029542 A1 to Mariott et al. (hereinafter Mariott) is/are withdrawn in light of the Applicant’s amendments.
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.
Claim 6 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim 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.
Claim 6, recites “an active metal element" in line 4, but grammatically, appears confusing. The claim also recites wherein the polyethylene main catalyst is a “non-metallocene catalyst” or “Ziegler-Natta type catalyst,” which both also contain active metal elements. It is unclear if “an active metal element" is referring to the metal of the same prior listed polyethylene main catalyst or a different catalyst. From the specification and the other claims, it appears that the claim should read “wherein an active metal element in the polyethylene catalyst is selected…”
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.
Claims 4 and 9 are 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.
Claim 4 recites wherein the solvent is “a combination of n-hexane and n-pentane…” However, claim 1 recites wherein the solvent is two or more of “n-pentane, isopentane, neopentane and cyclopentane…” Thus, the claim 4 fails to further limit because it’s broadening the claim to include n-hexane.
Claim 9 recites the comonomer is “selected from C3-C10 alpha-olefins…” However, claim 1 already requires that “a comonomer…is selected from C3-C10 alpha-olefins…” Thus, claim 9 fails to further limit claim 1.
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 4, 6, and 9 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, and/or 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph set forth in this Office action.
Claims 1-3, 5, 7, 8, and 13, are allowed.
The following is a statement of reasons for the indication of allowable subject matter:
The prior art of record does not teach a mixing two or more alkanes selected from n-pentane, isopentane, neopentane and cyclopentane.
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to HA S NGUYEN whose telephone number is (571)270-7395. The examiner can normally be reached Mon-Fri, Flex schedule 7:30am-4:00pm.
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/HA S NGUYEN/Primary Examiner, Art Unit 1766
