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 .
Rejections
Claim Rejections - 35 USC § 102
1. 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.
2. Claims 1, 3-15, and 18 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by JP 2017-101191 Asahi Kasei Corp, the machine English translation thereof provided by the examiner being referenced below unless otherwise noted.
Regarding claims 1, 3-15, and 18:
Asahi Kasei Corp discloses a powder article made by supplying and mixing 69.5-85.9 parts by mass of a pellet-like thermoplastic resin (A), 13-27 parts by mass of a powder raw material (B) and 1.1-3.5 parts by mass of a spreader (C). The ingredients are added in the order (A), (C), (B). Various thermoplastics are disclosed as the thermoplastic resin. See claim 2 of Asahi Kasei Corp. Various inorganic fillers are disclosed as the powder which falls within the scope of the instant claims 1 and 9. See claim 3 of Asahi Kasei Corp. Various oils are disclosed as the spreader. See claim 4 of Asahi Kasei Corp. The ingredients are mixed at 10 to 50 rpm for 2 to 30 minutes in a tumbler. See claim 1 of Asahi Kasei Corp. See paragraph [0002] of Asahi Kasei Corp.
Paragraphs [0004] and [0005] of Asahi Kasei Corp. teach that the method of the reference gives a mixture having a good mixing state without a lump of raw material in the mixture and that the composition has suppressed variation in physical properties due to the method of the reference. It is therefore taken that the lack of lumps indicates that the composition of Asahi Kasei Corp. necessarily and inherently does not contain more than 20% of granules comprising an aggregate of 10 or more particles of the resin pellets of the instant claims 1 and 7 and possesses the properties of the instant claims 4-5 necessarily and inherently. See MPEP 2112.
The ratios of resin pellet to powder and resin pellet to liquid of Asahi Kasei Corp. falls within the scope of the broad ranges thereof of the instant claims.
Since the ingredients, amounts thereof, and processing are the same or similar to those of the instantly claimed invention, it is expected that the resin raw material compositions of Asahi Kasei Corp. necessarily and inherently possess the properties of the instant claims, including the instant claims 1, 3, 6, 12, and 13.
The pellet sizes of Asahi Kasei Corp., paragraph [0015] include the sizes of the instant claim 5.
Asahi Kasei Corp. discloses pellets of polymers falling within the scope of the instant claim 8. See the examples of Asahi Kasei Corp. and paragraph [0014].
“Powder” of Asahi Kasei Corp. is taken as encompassing the particle sizes of the instant claim 10 in context with the full disclosure of the reference. Particle sizes below 10 nm would not be possible or could not be achieved easily. Furthermore, the talc bulk specific gravity of 0.35 of Asahi Kasei Corp., page 18, line 9 is a function of particle size and shape and is expected to necessarily give the instantly claimed particle sizes of the instant claim 10. See MPEP 2112.
The liquids of Asahi Kasei Corp., paragraph [0018] and their claim 4.
The method of Asahi Kasei Corp. falls within the scope of the instant claims 14 and 15. The torque rise time must be shorter than 150 seconds when the reference only mixes their ingredients for less than 150 seconds. Furthermore, the tumbler is not expected to have a long torque rise time in any event. Asahi Kasei Corp. is therefore taken as having the particulars of the instant claim 15 necessarily and inherently. See MPEP 2112.
Paragraph [0025] of Asahi Kasei Corp. discloses adding (A) and (B) after mixing of (A), (B), and (C), which falls within the scope of the instant claim 18.
Asahi Kasei Corp. is therefore taken as anticipating the instant claims.
Conclusion
3. Any inquiry concerning this communication or earlier communications from the examiner should be directed to PATRICK D NILAND whose telephone number is (571)272-1121. The examiner can normally be reached on Monday to Friday from 10 to 5.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Robert S Jones, can be reached at telephone number 571-270-7733. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/PATRICK D NILAND/ Primary Examiner, Art Unit 1762
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