Prosecution Insights
Last updated: April 19, 2026
Application No. 18/277,498

ADDITIVE-CONTAINING BIOPOLYMER COMPOSITIONS

Non-Final OA §103§112
Filed
Aug 16, 2023
Examiner
NERANGIS, VICKEY M
Art Unit
1763
Tech Center
1700 — Chemical & Materials Engineering
Assignee
Wacker Chemie AG
OA Round
1 (Non-Final)
56%
Grant Probability
Moderate
1-2
OA Rounds
3y 1m
To Grant
85%
With Interview

Examiner Intelligence

Grants 56% of resolved cases
56%
Career Allow Rate
649 granted / 1152 resolved
-8.7% vs TC avg
Strong +28% interview lift
Without
With
+28.5%
Interview Lift
resolved cases with interview
Typical timeline
3y 1m
Avg Prosecution
69 currently pending
Career history
1221
Total Applications
across all art units

Statute-Specific Performance

§101
0.3%
-39.7% vs TC avg
§103
47.7%
+7.7% vs TC avg
§102
17.0%
-23.0% vs TC avg
§112
22.6%
-17.4% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1152 resolved cases

Office Action

§103 §112
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. Claim Objections Claims 9, 11, 12, 15, and 16 are objected to because of the following reasons: With respect to claim 9, last line, the term “the compositions” is inconsistent with the preamble which states singular “composition.” The “the composition” should be replaced with “the composition.” With respect to claims 11, 12, 15, and 16, line 1 of each, the term “the polyorganosiloxanes” is inconsistent with previously stated “at least one polyorganosiloxane.” The term “the polyorganosiloxanes” should be replaced with “the at least one polyorganosiloxane.” Appropriate correction is required. 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. Claim 10 is rejected under 35 U.S.C. 112(b) as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor regards as the invention. With respect to claim 10, it is dependent on itself. 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 of this title, 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. Claim s 9-16 are rejected under 35 U.S.C. 103 as being unpatentable over Tokushige (US 5,726,220) in view of Geck (US 2005/0004296) . With respect to claims 9, 10, 13, and 14, Tokushige discloses biodegradable polymer compositions comprising 100 parts by weight of polylactic acid, 5-70 parts by weight ethylene-vinyl acetate copolymer (EVA), 0.05-5 parts by weight of a mold releasing agent (abstract). Example 4 in Table I (cols. 5-6) comprises 100 parts by weight polylactic acid, 10 parts by weight ethylene-vinyl acetate copolymer prepared from 20 wt % ethylene and 80 wt % vinyl acetate (col. 5, lines 44-46), and 2 parts by weight of KF-410 methylstyryl-modified silicone oil as mold release agent (col. 5, lines 50-52). Tokushige fails to disclose that the mold release agent includes organopolysiloxane pellets comprising polyorganosiloxane, (non)reinforcing filler, and boric acid-containing additive. Geck states that organopolysiloxanes have been used in thermoplastic composition to improve processing and mold release properties (paragraph 0004) but also teaches disadvantages of using either low or high molecular weight organopolysiloxane additives because of complex process and/or homogeneity difficulties (paragraph 0006). Geck discloses that pelletized organopolysiloxane materials having pellet size of 1-100 mm comprising 100 parts by weight organopolysiloxane having formula R r SiO( 4-r/2 ) wherein R is a hydrogen or (un)substituted hydrocarbon radical and r = 0, 1, 2, or 3 with average r of 1.9-2.1; 1-200 parts by weight of (non)reinforcing fillers, 0.01-20 parts by weight of boric acid-containing additive, optionally other auxiliaries such as processing aid, plasticizers, pigments and stabilizers (paragraphs 0009-0017). These pelletized organopolysiloxane materials are advantageously added to thermoplastic polymer s such as polyesters (paragraph 0055). They provide an improvement over the prior art (paragraph 0008) while providing improved processability, demoldability, and surface properties (paragraph 0057). Given that both Tokushige and Geck disclose thermoplastic polyester compositions comprising organopolysiloxane as an additive and further given that Geck discloses a pelletized organopolysiloxane mold release and processing additive that are advantageous for allowing for easy processing and homogeneity, it would have been obvious to one of ordinary skill in the art to utilize the organopolysiloxane pellets of Geck in the biodegradable composition of Tokushige. With respect to claims 11 and 15, in Example 1 in Geck, the diorganopolysiloxane is end-capped with trimethylsiloxy groups (paragraph 0058). With respect to claims 12 and 16, Geck teaches that the viscosity of the polyorganosiloxanes ks 10 3 to 10 8 MPas at 25°C (paragraph 0024) which converts to 1,000 to 100,000,000 m 2 /s. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to FILLIN "Examiner name" \* MERGEFORMAT VICKEY NERANGIS whose telephone number is FILLIN "Phone number" \* MERGEFORMAT (571)272-2701 . The examiner can normally be reached FILLIN "Work Schedule?" \* MERGEFORMAT 8:30 am - 5:00 pm EST, Monday - Friday . 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, Joseph Del Sole can be reached at (571)272-11 30. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /Vickey Nerangis/ Primary Examiner, Art Unit 1763 vn
Read full office action

Prosecution Timeline

Aug 16, 2023
Application Filed
Feb 24, 2026
Non-Final Rejection — §103, §112 (current)

Precedent Cases

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

1-2
Expected OA Rounds
56%
Grant Probability
85%
With Interview (+28.5%)
3y 1m
Median Time to Grant
Low
PTA Risk
Based on 1152 resolved cases by this examiner. Grant probability derived from career allow rate.

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