DETAILED ACTION
Notice of Pre-AIA or AIA Status
1. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Preliminary Amendment
2. The preliminary amendment filed on July 27, 2023 has been entered in the above-identified application. Claims 1, 3, 6, 7, and 8 are amended. Claims 4 and 5 are canceled. Claims 1-3 and 6-8 are pending and under consideration.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
3. Claims 1-3 and 6-8 are rejected under 35 U.S.C. 102(a)(1) and/or 35 U.S.C. 102(a)(2) as being anticipated by Sugimoto et al. (US 2005/0250892 A1).
Sugimoto et al. disclose a resin composition (equivalent to the resin composition of the claimed invention) that is excellent in mechanical strength, physical properties and flowability, and enables to produce molded products showing good metallic appearance. The composition comprises propylene polymer composition comprising a crystalline propylene/ethylene block copolymer (equivalent to the ethylene-based polymer of the claimed invention and meeting the limitations of claim 7), an elastomeric polymer and an inorganic filler. A preferred example of the crystalline propylene/ethylene block copolymer (a-1) is a crystalline propylene/ethylene block copolymer composed of a propylene homopolymer portion and a propylene/ethylene random copolymer portion, wherein the melt flow rate (ASTM D-1238, 230.degree. C., 2160 g load) is 70 to 130 g/10 min (meeting the melt flow rate limitation of claim 1), and the content of propylene/ethylene random copolymer portion is 5 to 20% by weight. Examples of the inorganic filler (c) include talc, clay, calcium carbonate, mica, silicates, carbonates, glass fibers, etc. Among them, talc having an average particle size of 1 to 10 microns is particularly preferred (equivalent to the inorganic filler of the claimed invention and meeting the diameter limitations recited in claim 1) and is present in an amount of 15 to 25% by weight of an inorganic filler (meeting the limitations of claim 2). Where the propylene polymer composition are obtained in the form of pellets, the resin composition can be prepared by melt-kneading together the propylene polymer composition pellets, aluminum flake pigment and additives added as required. Preferably, the resin composition is used in combination with colorants such as carbon black, titanium oxide, etc. If necessary and desired, other additives such as a heat resistant stabilizer, an antistatic agent, a weatherproof stabilizer, a light stabilizer, an anti-aging agent, an antioxidant, a UV absorbent, a softener, a dispersant, a lubricant, etc., or other polymers, may further be formulated in the resin composition. The examples how that 3 parts by weight of magnesium stearate (equivalent to the metallic soap lubricant of the claimed invention and meeting the limitations of claims 3 and 6) as a dispersant can also be blended and melt-kneaded into the composition (meeting the limitation that the components are all mixed and kneaded into a mixture). (See Abstract and paragraphs 0010, 0011, 0013, 0059, 0067-0072, and 0076-0102). With regards to the filler dispersity and a ratio of ash content to the resin composition limitations, the Examiner takes the position that such property limitations are inherent in the composition taught by Sugimoto et al. given that the components of the composition as taught by Sugimoto et al. and that of the claimed invention are identical.
Conclusion
4. Any inquiry concerning this communication or earlier communications from the examiner should be directed to SHEEBA AHMED whose telephone number is (571)272-1504. The examiner can normally be reached Monday-Thursday 7am-6pm.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, CALLIE SHOSHO can be reached at 571-272-1123. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/SHEEBA AHMED/Primary Examiner, Art Unit 1787
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