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 .
Election/Restrictions
Applicant’s election without traverse of Group I, claims 1-14 and 16-19, in the reply filed on 06/01/2026 is acknowledged.
Claim 15 is withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 06/01/2026.
In the amendments filed on 06/01/2026, claims 17-19 are canceled, and claims 20-23 are new. Since claims 20-23 are drawn to the polymer composition of claim 1, claims 20-23 are placed in Group I.
Priority
Applicant’s claim for the benefit of a prior-filed application under 35 U.S.C. 119(e) or under 35 U.S.C. 120, 121, 365(c), or 386(c) is acknowledged.
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
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 10 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 10 recites the limitation “a further polypropylene” in line 2, which is indefinite because claim 1 recites the limitation “a further polypropylene” in line 12, and it is unclear if the limitation in claim 10 refers to the “further polypropylene” recited in claim 1, or a second “further polypropylene”. Based on the specification of the instant application (p. 2, l. 23-25; p. 10, l. 14-16), for further examination of the claims, this limitation is interpreted as “the further polypropylene”.
Claim Rejections - 35 USC § 103
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 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 1, 2, 4-14, and 20-23 are rejected under 35 U.S.C. 103 as being unpatentable over Reichelt et al. (US 2018/0298174 A1).
Regarding claim 1, Reichelt teaches a long-chain branched polypropylene composition comprising [0009] at least one linear propylene homopolymer or copolymer having [0011] a F30 melt strength >40.0 cN as measured at a die pressure of 30 bar according to ISO 16790:2005, wherein the long-chain branched polypropylene composition comprises 10.0 to 50.0 wt % of the at least one linear propylene homopolymer or copolymer, relative to the total amount of long-chain branched polypropylene composition [0013], preferably 15.0 to 45.0 wt %, more preferably 18.0 to 42.0 wt %, relative to the total amount of long-chain branched polypropylene composition [0082], wherein the F30 melt strength of the linear propylene homopolymer or copolymer is generally >40.0 cN, preferably in the range of 41.0 to 100.0 cN, more preferably in the range of 45.0 to 90.0 cN, and a suitable upper limit is 100.0 cN, preferably 90.0 cN [0026], which reads on a polymer composition comprising A) a high melt strength polypropylene in an amount ≥ 10 wt% and ≤ 50 wt% based on the polymer composition, wherein the high melt strength polypropylene has a melt strength ≥ 40 cN and ≤ 100 cN as determined in accordance with ISO 16790:2005 at a temperature of 200°C, using a cylindrical capillary having a length of 20mm and width of 2mm, a starting velocity v0 of 9.8mm/s and an acceleration of 6mm/s2. Reichelt teaches that the long-chain branched polypropylene composition further comprises at least one long-chain branched propylene homopolymer or copolymer [0009], and that generally the total amount of additives and/or polymers other than the at least one long-chain branched propylene homopolymer or copolymer and the at least one linear propylene homopolymer or copolymer in the long-chain branched polypropylene composition is of not more than 10.0 wt % relative to the total weight of the long-chain branched polypropylene composition [0087], which reads on the polymer composition further comprising C) a further polypropylene, wherein the further propylene is present in the polymer composition in an amount ≥ 50 wt% and ≤ 90 wt% based on the polymer composition, and wherein the sum of the high melt strength polypropylene and the further polypropylene is ≥ 90 wt% based on the sum of the weight of the high melt strength polypropylene, the further polypropylene, and the ethylene-based elastomer. The wt% of the further polypropylene is based on the calculations 100% - 50% = 50% and 100% - 10% = 90%. The wt% of the sum is based on the calculation 100% - 10% = 90%. Reichelt teaches that the long-chain branched polypropylene composition generally comprises at least one or more compounds chosen from polymers other than the at least one long-chain branched propylene homopolymer or copolymer and the at least one linear propylene homopolymer or copolymer [0083], that examples of polymers other than the at least one long-chain branched propylene homopolymer or copolymer and the at least one linear propylene homopolymer or copolymer include impact modifiers commonly applied for polypropylene [0086], that preferred impact modifiers are polyethylene elastomers, like ethylene-alpha olefin elastomers being copolymers of ethylene and a C3-C10 alpha-olefin and having a density in the range of 0.860 to 0.915 g/cm3 [0086], and that generally the total amount of polymers other than the at least one long-chain branched propylene homopolymer or copolymer and the at least one linear propylene homopolymer or copolymer is of not more than 10.0 wt % relative to the total weight of the long-chain branched polypropylene composition [0087], which optionally reads on the polymer composition further comprising B) an ethylene-based elastomer having a density ≥ 860 to ≤ 915 kg/m3, wherein the density is determined in accordance with ASTM D792-2008, wherein the ethylene-based elastomer is present in the polymer composition in an amount ≥ 0 wt% and ≤ 10 wt% based on the polymer composition.
Reichelt does not teach with sufficient specificity that the polymer composition comprises A) the high melt strength polypropylene in an amount ≥ 30 wt% and ≤ 90 wt% based on the polymer composition. Before the effective filing date of the claimed invention, one of ordinary skill in the art would have found it obvious to optimize the amount of Reichelt’s at least one linear propylene homopolymer or copolymer to be 30.0 to 50.0 wt %, relative to the total amount of Reichelt’s long-chain branched polypropylene composition. The proposed modification would read on the polymer composition comprising A) the high melt strength polypropylene in an amount ≥ 30 wt% and ≤ 50 wt% based on the polymer composition as claimed. One of ordinary skill in the art would have been motivated to do so because it would have been beneficial for optimizing an ability of Reichelt’s long-chain branched polypropylene composition to withstand shear and elongation during processing or during further processing and to keep good melt strength properties because Reichelt teaches that the long-chain branched polypropylene composition comprises 10.0 to 50.0 wt % of the at least one linear propylene homopolymer or copolymer, relative to the total amount of long-chain branched polypropylene composition [0013], preferably 15.0 to 45.0 wt %, more preferably 18.0 to 42.0 wt %, relative to the total amount of long-chain branched polypropylene composition [0082], that the long-chain branched polypropylene composition overcomes the disadvantages [0009] that are a need for long-chain branched polypropylene composition capable of withstanding shear and elongation during processing or during further processing and keeping good melt strength properties [0008], and that long-chain branched polypropylenes have sensitivity to shear and elongation during processing [0005], which means that the amount of Reichelt’s at least one linear propylene homopolymer or copolymer in wt %, relative to the total amount of Reichelt’s long-chain branched polypropylene composition, would have affected an ability of Reichelt’s long-chain branched polypropylene composition to withstand shear and elongation during processing or during further processing and to keep good melt strength properties.
Reichelt does not teach with sufficient specificity that the high melt strength polypropylene has a melt strength ≥ 45 cN and ≤ 100 cN as determined in accordance with ISO 16790:2005 at a temperature of 200°C, using a cylindrical capillary having a length of 20mm and width of 2mm, a starting velocity v0 of 9.8mm/s and an acceleration of 6mm/s2. Before the effective filing date of the claimed invention, one of ordinary skill in the art would have found it obvious to optimize Reichelt’s at least one linear propylene homopolymer or copolymer to have a F30 melt strength of 45.0 to 100.0 cN as measured at a die pressure of 30 bar according to ISO 16790:2005. The proposed modification would read on wherein the high melt strength polypropylene has a melt strength ≥ 45 cN and ≤ 100 cN as determined in accordance with ISO 16790:2005 at a temperature of 200°C, using a cylindrical capillary having a length of 20mm and width of 2mm, a starting velocity v0 of 9.8mm/s and an acceleration of 6mm/s2 as claimed. One of ordinary skill in the art would have been motivated to do so because it would have been beneficial for optimizing good melt strength properties of Reichelt’s long-chain branched polypropylene composition because Reichelt teaches that the at least one linear propylene homopolymer or copolymer has [0011] a F30 melt strength >40.0 cN as measured at a die pressure of 30 bar according to ISO 16790:2005 [0013], that the F30 melt strength of the linear propylene homopolymer or copolymer is generally >40.0 cN, preferably in the range of 41.0 to 100.0 cN, more preferably in the range of 45.0 to 90.0 cN, and a suitable upper limit is 100.0 cN, preferably 90.0 cN [0026], that the long-chain branched polypropylene composition overcomes the disadvantages [0009] that are a need for long-chain branched polypropylene compositions capable of withstanding shear and elongation during processing or during further processing and keeping good melt strength properties [0008], which means that the F30 melt strength of Reichelt’s at least one linear propylene homopolymer or copolymer in cN as measured at a die pressure of 30 bar according to ISO 16790:2005 would have affected good melt strength properties of Reichelt’s long-chain branched polypropylene composition.
Reichelt does not teach a specific embodiment of the polymer composition further comprising B) an ethylene-based elastomer having a density ≥ 855 to ≤ 913 kg/m3, wherein the density is determined in accordance with ASTM D792-2008, wherein the ethylene-based elastomer is present in the polymer composition in an amount ≥ 10 wt% and ≤ 49 wt% based on the polymer composition. Before the effective filing date of the claimed invention, one of ordinary skill in the art would have found it obvious to select Reichelt’s polymers other than the at least one long-chain branched propylene homopolymer or copolymer and the at least one linear propylene homopolymer or copolymer to be Reichelt’s ethylene-alpha olefin elastomers being copolymers of ethylene and a C3-C10 alpha-olefin and having a density in the range of 0.860 to 0.915 g/cm3, and to optimize the total amount of Reichelt’s polymers other than the at least one long-chain branched propylene homopolymer or copolymer and the at least one linear propylene homopolymer or copolymer to be 10.0 wt % relative to the total weight of Reichelt’s long-chain branched polypropylene composition. The proposed modification would read on the polymer composition further comprising B) an ethylene-based elastomer having a density ≥ 860 to ≤ 915 kg/m3, wherein the density is determined in accordance with ASTM D792-2008, wherein the ethylene-based elastomer is present in the polymer composition in an amount = 10 wt% based on the polymer composition as claimed. One of ordinary skill in the art would have been motivated to do so because Reichelt teaches that the long-chain branched polypropylene composition generally comprises at least one or more compounds chosen from polymers other than the at least one long-chain branched propylene homopolymer or copolymer and the at least one linear propylene homopolymer or copolymer [0083], that examples of polymers other than the at least one long-chain branched propylene homopolymer or copolymer and the at least one linear propylene homopolymer or copolymer include impact modifiers commonly applied for polypropylene [0086], that preferred impact modifiers are polyethylene elastomers, like ethylene-alpha olefin elastomers being copolymers of ethylene and a C3-C10 alpha-olefin and having a density in the range of 0.860 to 0.915 g/cm3 [0086], and that generally the total amount of polymers other than the at least one long-chain branched propylene homopolymer or copolymer and the at least one linear propylene homopolymer or copolymer is of not more than 10.0 wt % relative to the total weight of the long-chain branched polypropylene composition [0087], which means that Reichelt’s ethylene-alpha olefin elastomers being copolymers of ethylene and a C3-C10 alpha-olefin and having a density in the range of 0.860 to 0.915 g/cm3 would have been beneficial for modifying impact properties and elastomeric properties of Reichelt’s long-chain branched polypropylene composition, which means that the total amount of Reichelt’s polymers other than the at least one long-chain branched propylene homopolymer or copolymer and the at least one linear propylene homopolymer or copolymer in wt % relative to the total weight of Reichelt’s long-chain branched polypropylene composition would have affected impact toughness, strength, and/or resistance and/or elastomeric properties of Reichelt’s long-chain branched polypropylene composition, and which means that optimizing the total amount of Reichelt’s polymers other than the at least one long-chain branched propylene homopolymer or copolymer and the at least one linear propylene homopolymer or copolymer in wt % relative to the total weight of Reichelt’s long-chain branched polypropylene composition would have been beneficial for optimizing impact toughness, strength, and/or resistance and/or elastomeric properties of Reichelt’s long-chain branched polypropylene composition.
Reichelt does not teach with sufficient specificity that the further polypropylene is present in the polymer composition in an amount ≥ 10 wt% and ≤ 60 wt% based on the polymer composition. Based on the proposed modifications explained above, Reichelt renders it obvious wherein the further polypropylene is present in the polymer composition in an amount ≥ 40 wt% and ≤ 60 wt% based on the polymer composition as claimed. The wt% is based on the calculations 100% - 50% - 10% = 40% and 100% - 30% - 10% = 60%.
Regarding claim 2, Reichelt teaches that the at least one long-chain branched propylene homopolymer or copolymer has [0009] a melt flow rate MFR2 in the range of 1.5 to 3.5 g/10 min as measured at 230° C under a load of 2.16 kg according to ISO 1133 [0010], that the at least one linear propylene homopolymer or copolymer has [0011] a melt flow rate MFR2 of ≤1.5 g/10 min as measured at 230° C under a load of 2.16 kg according to ISO 1133 [0012], and that a suitable lower limit is 0.1 g/10 min [0025], which reads on wherein the melt flow rate of the polymer composition is > 0 g/10min as determined in accordance with ASTM D1238-2013 at a temperature of 230°C under a load of 2.16 kg.
Reichelt does not teach that the melt flow rate of the polymer composition is ≥ 0.50 and ≤ 8.0 g/10min as determined in accordance with ASTM D1238-2013 at a temperature of 230°C under a load of 2.16 kg. Before the effective filing date of the claimed invention, one of ordinary skill in the art would have found it obvious to optimize the melt flow rate MFR2 of Reichelt’s long-chain branched polypropylene composition as measured at 230° C under a load of 2.16 kg according to ISO 1133 to be from 0.50 to 8.0 g/10 min. The proposed modification would read on wherein the melt flow rate of the polymer composition is ≥ 0.50 and ≤ 8.0 g/10min as determined in accordance with ASTM D1238-2013 at a temperature of 230°C under a load of 2.16 kg as claimed. One of ordinary skill in the art would have been motivated to do so because it would have been beneficial for optimizing flowability and processability of Reichelt’s long-chain branched polypropylene composition, an ability of one of ordinary skill in the art to prepare Reichelt’s long-chain branched polypropylene composition using any of the methods known by one of ordinary skill in the art, and an ability to make an article from Reichelt’s long-chain branched polypropylene composition because Reichelt teaches that the at least one long-chain branched propylene homopolymer or copolymer has [0009] a melt flow rate MFR2 in the range of 1.5 to 3.5 g/10 min as measured at 230° C under a load of 2.16 kg according to ISO 1133 [0010], that the at least one linear propylene homopolymer or copolymer has [0011] a melt flow rate MFR2 of ≤1.5 g/10 min as measured at 230° C under a load of 2.16 kg according to ISO 1133 [0012], that a suitable lower limit is 0.1 g/10 min [0025], that the MFR is an indication of the flowability and hence the processability of the polymer [0146], that the higher the melt flow rate, the lower the viscosity of the polymer [0146], that the long-chain branched polypropylene composition generally comprises at least one or more compounds chosen from polymers other than the at least one long-chain branched propylene homopolymer or copolymer and the at least one linear propylene homopolymer or copolymer [0083], that the long-chain branched polypropylene composition is generally prepared using any of the methods known by the man skilled in the art [0099], and that an article can be made from the long-chain branched polypropylene composition [0103], which means that the melt flow rate MFR2 of Reichelt’s long-chain branched polypropylene composition as measured at 230° C under a load of 2.16 kg according to ISO 1133 in g/10 min would have affected flowability and processability of Reichelt’s long-chain branched polypropylene composition, an ability of one of ordinary skill in the art to prepare Reichelt’s long-chain branched polypropylene composition using any of the methods known by one of ordinary skill in the art, and an ability to make an article from Reichelt’s long-chain branched polypropylene composition.
Regarding claim 4, Reichelt teaches that the at least one linear propylene homopolymer or copolymer is at least one linear propylene homopolymer or copolymer [0011], that the expression propylene homopolymer relates to a polypropylene that consists substantially of propylene units [0021], and that the expression propylene copolymer relates to a copolymer comprising units derived from propylene and at least one comonomer selected from ethylene and C4-C20 alpha-olefins, preferably ethylene or at least a C4-C12 alpha-olefin [0022], which optionally reads on wherein the high melt strength polypropylene is a polypropylene chosen from the group of propylene homopolymers and propylene copolymers comprising moieties derived from propylene and one or more comonomers chosen from the group of ethylene and alpha-olefins with ≥ 4 and ≤ 12 carbon atoms as claimed.
Reichelt does not teach a specific embodiment wherein the high melt strength polypropylene is a polypropylene chosen from the group of propylene homopolymers and propylene copolymers comprising moieties derived from propylene and one or more comonomers chosen from the group of ethylene and alpha-olefins with ≥ 4 and ≤ 12 carbon atoms. Before the effective filing date of the claimed invention, one of ordinary skill in the art would have found it obvious to selected Reichelt’s at least one linear propylene homopolymer or copolymer to be a propylene homopolymer that consists substantially of propylene units or a propylene copolymer comprising units derived from propylene and at least one comonomer selected from ethylene or at least a C4-C12 alpha-olefin. The proposed modification would read on wherein the high melt strength polypropylene is a polypropylene chosen from the group of propylene homopolymers and propylene copolymers comprising moieties derived from propylene and one or more comonomers chosen from the group of ethylene and alpha-olefins with ≥ 4 and ≤ 12 carbon atoms as claimed. One of ordinary skill in the art would have been motivated to do so because it would have been beneficial for providing a species that is suitable for Reichelt’s at least one linear propylene homopolymer or copolymer and/or because it would have been obvious to try with a reasonable expectation of success because Reichelt teaches that the at least one linear propylene homopolymer or copolymer is at least one linear propylene homopolymer or copolymer [0011], that the expression propylene homopolymer relates to a polypropylene that consists substantially of propylene units [0021], and that the expression propylene copolymer relates to a copolymer comprising units derived from propylene and at least one comonomer selected from ethylene and C4-C20 alpha-olefins, preferably ethylene or at least a C4-C12 alpha-olefin [0022]. Examples of rationales that may support a conclusion of obviousness include "Obvious to try" – choosing from a finite number of identified, predictable solutions, with a reasonable expectation of success (MPEP 2143(I)(E)).
Regarding claim 5, Reichelt teaches that the at least one linear propylene homopolymer or copolymer has [0011] a melt flow rate MFR2 of ≤1.5 g/10 min as measured at 230° C under a load of 2.16 kg according to ISO 1133 [0012], that it is preferred that the MFR2 is between 0.1 and 1.5 g/10 min, more preferably the MFR2 is between 0.2 and 1.2 g/10 min, that a suitable lower limit is 0.1 g/10 min, preferably 0.2 g/10 min, and that a suitable upper limit is 1.5 g/10 min, preferably 1.2 g/10 min [0025], which reads on wherein the high melt strength polypropylene has a melt flow rate ≥ 0.1 and ≤ 1.5 g/10min, as determined in accordance with ASTM D1238-2013 at a temperature of 230°C under a load of 2.16 kg, which reads on the claimed range.
Regarding claim 6, the limitation the polymer composition according to claim 1, wherein the high melt strength polypropylene composition is prepared by a) irradiation of a polypropylene with at least one non-phenolic stabilizer, wherein the irradiation is performed with ≥ 2.0 and ≤ 20 Megarad electronbeam radiation in a reduced oxygen environment, wherein the amount of active oxygen is ≤ 15% by volume with respect to the total volume of the reduced oxygen environment for a time sufficient for obtaining a long chain branched polypropylene and b) deactivation of the free radicals in the long chain branched polypropylene to form the high melt strength polypropylene is a product-by-process limitation. "[E]ven though product-by-process claims are limited by and defined by the process, determination of patentability is based on the product itself. The patentability of a product does not depend on its method of production. If the product in the product-by-process claim is the same as or obvious from a product of the prior art, the claim is unpatentable even though the prior product was made by a different process (MPEP 2113(I))." Since the product of the product-by-process limitation is the polymer composition according to claim 1, and since Reichelt renders obvious the polymer composition according to claims 1, 2, 4, and 5 as explained above, the product in the product-by-process claim is obvious over the product of Reichelt.
Regarding claim 7, Reichelt teaches that the long-chain branched polypropylene composition comprises 10.0 to 50.0 wt % of the at least one linear propylene homopolymer or copolymer, relative to the total amount of long-chain branched polypropylene composition [0013], preferably 15.0 to 45.0 wt %, more preferably 18.0 to 42.0 wt %, relative to the total amount of long-chain branched polypropylene composition [0082], which reads on wherein the high melt strength polypropylene is present in an amount ≥ 10 wt% and ≤ 50 wt% based on the polymer composition.
Reichelt does not teach with sufficient specificity that the high melt strength polypropylene is present in an amount ≥ 40 wt% and ≤ 85 wt% based on the polymer composition. Before the effective filing date of the claimed invention, one of ordinary skill in the art would have found it obvious to optimize the amount of Reichelt’s at least one linear propylene homopolymer or copolymer to be 40.0 to 50.0 wt %, relative to the total amount of Reichelt’s long-chain branched polypropylene composition. The proposed modification would read on wherein the high melt strength polypropylene is present in an amount ≥ 40 wt% and ≤ 50 wt% based on the polymer composition as claimed. One of ordinary skill in the art would have been motivated to do so because it would have been beneficial for optimizing an ability of Reichelt’s long-chain branched polypropylene composition to withstand shear and elongation during processing or during further processing and to keep good melt strength properties because Reichelt teaches that the long-chain branched polypropylene composition comprises 10.0 to 50.0 wt % of the at least one linear propylene homopolymer or copolymer, relative to the total amount of long-chain branched polypropylene composition [0013], preferably 15.0 to 45.0 wt %, more preferably 18.0 to 42.0 wt %, relative to the total amount of long-chain branched polypropylene composition [0082], that the long-chain branched polypropylene composition overcomes the disadvantages [0009] that are a need for long-chain branched polypropylene composition capable of withstanding shear and elongation during processing or during further processing and keeping good melt strength properties [0008], and that long-chain branched polypropylenes have sensitivity to shear and elongation during processing [0005], which means that the amount of Reichelt’s at least one linear propylene homopolymer or copolymer in wt %, relative to the total amount of Reichelt’s long-chain branched polypropylene composition, would have affected an ability of Reichelt’s long-chain branched polypropylene composition to withstand shear and elongation during processing or during further processing and to keep good melt strength properties.
Regarding claim 8, Reichelt teaches that the long-chain branched polypropylene composition generally comprises at least one or more compounds chosen from polymers other than the at least one long-chain branched propylene homopolymer or copolymer and the at least one linear propylene homopolymer or copolymer [0083], that examples of polymers other than the at least one long-chain branched propylene homopolymer or copolymer and the at least one linear propylene homopolymer or copolymer to be used in the long-chain branched polypropylene composition include impact modifiers commonly applied for polypropylene [0086], that preferred impact modifiers are polyethylene elastomers, like ethylene-alpha olefin elastomers being copolymers of ethylene and a C3-C10 alpha-olefin and having a density in the range of 0.860 to 0.915 g/cm3 [0086], and that generally the total amount of polymers other than the at least one long-chain branched propylene homopolymer or copolymer and the at least one linear propylene homopolymer or copolymer is of not more than 10.0 wt % relative to the total weight of the long-chain branched polypropylene composition [0087], which reads on wherein the density of the ethylene-based elastomer is in the range from 860 to 915 kg/m3, wherein the density is determined in accordance with ASTM D792-2008.
Reichelt does not teach with sufficient specificity that the density of the ethylene-based elastomer is in the range from 865 to 905 kg/m3, wherein the density is determined in accordance with ASTM D792-2008 and/or does not teach that the ethylene-based elastomer is produced using a metallocene catalyst. Before the effective filing date of the claimed invention, one of ordinary skill in the art would have found it obvious to select Reichelt’s polymers other than the at least one long-chain branched propylene homopolymer or copolymer and the at least one linear propylene homopolymer or copolymer to be Reichelt’s ethylene-alpha olefin elastomers being copolymers of ethylene and a C3-C10 alpha-olefin and having a density in the range of 0.860 to 0.915 g/cm3, to optimize the density of Reichelt’s ethylene-alpha olefin elastomers to be in the range of 0.865 to 0.905 g/cm3, and to optimize the total amount of Reichelt’s polymers other than the at least one long-chain branched propylene homopolymer or copolymer and the at least one linear propylene homopolymer or copolymer to be 10.0 wt % relative to the total weight of Reichelt’s long-chain branched polypropylene composition. The proposed modification would read on wherein the density of the ethylene-based elastomer is in the range from 865 to 905 kg/m3, wherein the density is determined in accordance with ASTM D792-2008 and/or does not teach that the ethylene-based elastomer is produced using a metallocene catalyst as claimed. One of ordinary skill in the art would have been motivated to do so because Reichelt teaches that the long-chain branched polypropylene composition generally comprises at least one or more compounds chosen from polymers other than the at least one long-chain branched propylene homopolymer or copolymer and the at least one linear propylene homopolymer or copolymer [0083], that examples of polymers other than the at least one long-chain branched propylene homopolymer or copolymer and the at least one linear propylene homopolymer or copolymer include impact modifiers commonly applied for polypropylene [0086], that preferred impact modifiers are polyethylene elastomers, like ethylene-alpha olefin elastomers being copolymers of ethylene and a C3-C10 alpha-olefin and having a density in the range of 0.860 to 0.915 g/cm3 [0086], and that generally the total amount of polymers other than the at least one long-chain branched propylene homopolymer or copolymer and the at least one linear propylene homopolymer or copolymer is of not more than 10.0 wt % relative to the total weight of the long-chain branched polypropylene composition [0087], which means that Reichelt’s ethylene-alpha olefin elastomers being copolymers of ethylene and a C3-C10 alpha-olefin and having a density in the range of 0.860 to 0.915 g/cm3 would have been beneficial for modifying impact properties and elastomeric properties of Reichelt’s long-chain branched polypropylene composition, which means that the total amount of Reichelt’s polymers other than the at least one long-chain branched propylene homopolymer or copolymer and the at least one linear propylene homopolymer or copolymer in wt % relative to the total weight of Reichelt’s long-chain branched polypropylene composition and the density of Reichelt’s ethylene-alpha olefin elastomers in g/cm3 would have affected impact toughness, strength, and/or resistance and/or elastomeric properties of Reichelt’s long-chain branched polypropylene composition, and which means that optimizing the total amount of Reichelt’s polymers other than the at least one long-chain branched propylene homopolymer or copolymer and the at least one linear propylene homopolymer or copolymer in wt % relative to the total weight of Reichelt’s long-chain branched polypropylene composition and optimizing the density of Reichelt’s ethylene-alpha olefin elastomers in g/cm3 would have been beneficial for optimizing impact toughness, strength, and/or resistance and/or elastomeric properties of Reichelt’s long-chain branched polypropylene composition.
Regarding claim 9, Reichelt teaches that the long-chain branched polypropylene composition generally comprises at least one or more compounds chosen from polymers other than the at least one long-chain branched propylene homopolymer or copolymer and the at least one linear propylene homopolymer or copolymer [0083], that examples of polymers other than the at least one long-chain branched propylene homopolymer or copolymer and the at least one linear propylene homopolymer or copolymer include impact modifiers commonly applied for polypropylene [0086], that preferred impact modifiers are polyethylene elastomers, like ethylene-alpha olefin elastomers being copolymers of ethylene and a C3-C10 alpha-olefin and having a density in the range of 0.860 to 0.915 g/cm3 [0086], and that generally the total amount of polymers other than the at least one long-chain branched propylene homopolymer or copolymer and the at least one linear propylene homopolymer or copolymer is of not more than 10.0 wt % relative to the total weight of the long-chain branched polypropylene composition [0087], which optionally reads on wherein the ethylene-based elastomer comprises moieties derived from ethylene and moieties derived from one of 1-butene, 1-hexene, and 1-octene as claimed.
Reichelt does not teach a specific embodiment wherein the ethylene-based elastomer comprises moieties derived from ethylene and moieties derived from one of 1-butene, 1-hexene, and 1-octene, and/or does not teach that the melt flow rate of the ethylene-based elastomer is ≥ 0.30 and ≤ 8.0 g/10 min, as determined in accordance with ASTM D1238 (2013) at a temperature of 190°C under a load of 2.16 kg. Before the effective filing date of the claimed invention, one of ordinary skill in the art would have found it obvious to select Reichelt’s polymers other than the at least one long-chain branched propylene homopolymer or copolymer and the at least one linear propylene homopolymer or copolymer to be Reichelt’s ethylene-alpha olefin elastomers being copolymers of ethylene and a C4 alpha-olefin that is 1-butylene, a C6 alpha-olefin that is 1-hexene, or a C8 alpha-olefin that is 1-octene and having a density in the range of 0.860 to 0.915 g/cm3, and to optimize the total amount of Reichelt’s polymers other than the at least one long-chain branched propylene homopolymer or copolymer and the at least one linear propylene homopolymer or copolymer to be 10.0 wt % relative to the total weight of Reichelt’s long-chain branched polypropylene composition. The proposed modification would read on wherein the ethylene-based elastomer comprises moieties derived from ethylene and moieties derived from one of 1-butene, 1-hexene, and 1-octene as claimed. One of ordinary skill in the art would have been motivated to do so because Reichelt teaches that the long-chain branched polypropylene composition generally comprises at least one or more compounds chosen from polymers other than the at least one long-chain branched propylene homopolymer or copolymer and the at least one linear propylene homopolymer or copolymer [0083], that examples of polymers other than the at least one long-chain branched propylene homopolymer or copolymer and the at least one linear propylene homopolymer or copolymer include impact modifiers commonly applied for polypropylene [0086], that preferred impact modifiers are polyethylene elastomers, like ethylene-alpha olefin elastomers being copolymers of ethylene and a C3-C10 alpha-olefin and having a density in the range of 0.860 to 0.915 g/cm3 [0086], which reads on a C4 alpha-olefin that is 1-butene, a C6 alpha-olefin that is 1-hexene, or a C8 alpha-olefin that is 1-octene, and that generally the total amount of polymers other than the at least one long-chain branched propylene homopolymer or copolymer and the at least one linear propylene homopolymer or copolymer is of not more than 10.0 wt % relative to the total weight of the long-chain branched polypropylene composition [0087], which means that Reichelt’s ethylene-alpha olefin elastomers being copolymers of ethylene and a C3-C10 alpha-olefin and having a density in the range of 0.860 to 0.915 g/cm3 would have been beneficial for modifying impact properties and elastomeric properties of Reichelt’s long-chain branched polypropylene composition, which means that the total amount of Reichelt’s polymers other than the at least one long-chain branched propylene homopolymer or copolymer and the at least one linear propylene homopolymer or copolymer in wt % relative to the total weight of Reichelt’s long-chain branched polypropylene composition would have affected impact toughness, strength, and/or resistance and/or elastomeric properties of Reichelt’s long-chain branched polypropylene composition, and which means that optimizing the total amount of Reichelt’s polymers other than the at least one long-chain branched propylene homopolymer or copolymer and the at least one linear propylene homopolymer or copolymer in wt % relative to the total weight of Reichelt’s long-chain branched polypropylene composition would have been beneficial for optimizing impact toughness, strength, and/or resistance and/or elastomeric properties of Reichelt’s long-chain branched polypropylene composition.
Regarding claim 10, Reichelt teaches that the at least one long-chain branched propylene homopolymer or copolymer is at least one long-chain branched propylene homopolymer or copolymer [0009], that the expression propylene homopolymer relates to a polypropylene that consists substantially of propylene units [0021], that the expression propylene copolymer relates to a copolymer comprising units derived from propylene and at least one comonomer selected from ethylene and C4-C20 alpha-olefins, preferably ethylene or at least a C4-C12 alpha-olefin [0022], and that the long-chain branched propylene copolymer generally has a comonomer selected from ethylene, C4-C20-alpha olefin and any combination thereof [0041], which reads on wherein the further polypropylene is polypropylene chosen from propylene homopolymers and propylene copolymers as claimed.
Regarding claim 11, the only required ingredients in Reichelt’s long-chain branched polypropylene composition are Reichelt’s at least one long-chain branched propylene homopolymer or copolymer and Reichelt’s at least one linear propylene homopolymer or copolymer. As explained above for claim 1, Reichelt renders it obvious that the ethylene-based elastomer is present in the polymer composition in an amount = 10 wt% based on the polymer composition. Reichelt therefore renders it obvious wherein the high melt strength polypropylene, the ethylene-based elastomer, and the further polypropylene are present in an amount = 100 wt% based on the polymer composition as claimed.
Regarding claim 12, Reichelt teaches a foam or foamed article made from the long-chain branched polypropylene composition [0104, 0105], which reads on a foam comprising the polymer composition of claim 1 as claimed.
Regarding claim 13, Reichelt teaches that the foam has a density in the range of 60 to 300 kg/m3 [0123], which reads on wherein the density of the foam is ≤ 300 and ≥ 60 kg/m3 as determined according to ISO 845-2006 as claimed.
Regarding claim 14, Reichelt teaches a foamed article made from the long-chain branched polypropylene composition [0104, 0105], wherein the type of article is [0110] floorings, hoses, tubes, or pipes [0104], which reads on wherein the article is a pipe, sheet, or a tube as claimed.
Regarding claim 20, Reichelt teaches that the at least one linear propylene homopolymer or copolymer has [0011] a F30 melt strength >40.0 cN as measured at a die pressure of 30 bar according to ISO 16790:2005 [0013], and that the F30 melt strength of the linear propylene homopolymer or copolymer is generally >40.0 cN, preferably in the range of 41.0 to 100.0 cN, more preferably in the range of 45.0 to 90.0 cN, and a suitable upper limit is 100.0 cN, preferably 90.0 cN [0026], which reads on wherein the melt strength of the high melt strength polypropylene is ≥ 40 cN and ≤ 100 cN as determined in accordance with ISO 16790:2005 at a temperature of 200°C, using a cylindrical capillary having a length of 20mm and a width of 2mm, a starting velocity v0 of 9.8mm/s and an acceleration of 6mm/s2.
Reichelt does not teach with sufficient specificity that the melt strength of the high melt strength polypropylene is ≥ 50 cN and ≤ 100 cN as determined in accordance with ISO 16790:2005 at a temperature of 200°C, using a cylindrical capillary having a length of 20mm and width of 2mm, a starting velocity v0 of 9.8mm/s and an acceleration of 6mm/s2. Before the effective filing date of the claimed invention, one of ordinary skill in the art would have found it obvious to optimize Reichelt’s at least one linear propylene homopolymer or copolymer to have a F30 melt strength of 50.0 to 100.0 cN as measured at a die pressure of 30 bar according to ISO 16790:2005. The proposed modification would read on wherein the melt strength of the high melt strength polypropylene is ≥ 50 cN and ≤ 100 cN as determined in accordance with ISO 16790:2005 at a temperature of 200°C, using a cylindrical capillary having a length of 20mm and width of 2mm, a starting velocity v0 of 9.8mm/s and an acceleration of 6mm/s2 as claimed. One of ordinary skill in the art would have been motivated to do so because it would have been beneficial for optimizing good melt strength properties of Reichelt’s long-chain branched polypropylene composition because Reichelt teaches that the at least one linear propylene homopolymer or copolymer has [0011] a F30 melt strength >40.0 cN as measured at a die pressure of 30 bar according to ISO 16790:2005 [0013], that the F30 melt strength of the linear propylene homopolymer or copolymer is generally >40.0 cN, preferably in the range of 41.0 to 100.0 cN, more preferably in the range of 45.0 to 90.0 cN, and a suitable upper limit is 100.0 cN, preferably 90.0 cN [0026], that the long-chain branched polypropylene composition overcomes the disadvantages [0009] that are a need for long-chain branched polypropylene compositions capable of withstanding shear and elongation during processing or during further processing and keeping good melt strength properties [0008], which means that the F30 melt strength of Reichelt’s at least one linear propylene homopolymer or copolymer in cN as measured at a die pressure of 30 bar according to ISO 16790:2005 would have affected good melt strength properties of Reichelt’s long-chain branched polypropylene composition.
Regarding claim 21, Reichelt teaches that the at least one linear propylene homopolymer or copolymer has [0011] a F30 melt strength >40.0 cN as measured at a die pressure of 30 bar according to ISO 16790:2005 [0013], and that the F30 melt strength of the linear propylene homopolymer or copolymer is generally >40.0 cN, preferably in the range of 41.0 to 100.0 cN, more preferably in the range of 45.0 to 90.0 cN, and a suitable upper limit is 100.0 cN, preferably 90.0 cN [0026], which reads on wherein the melt strength of the high melt strength polypropylene is ≥ 40 cN and ≤ 100 cN as determined in accordance with ISO 16790:2005 at a temperature of 200°C, using a cylindrical capillary having a length of 20mm and a width of 2mm, a starting velocity v0 of 9.8mm/s and an acceleration of 6mm/s2.
Reichelt does not teach with sufficient specificity that the melt strength of the high melt strength polypropylene is ≥ 55 cN and ≤ 100 cN as determined in accordance with ISO 16790:2005 at a temperature of 200°C, using a cylindrical capillary having a length of 20mm and width of 2mm, a starting velocity v0 of 9.8mm/s and an acceleration of 6mm/s2. Before the effective filing date of the claimed invention, one of ordinary skill in the art would have found it obvious to optimize Reichelt’s at least one linear propylene homopolymer or copolymer to have a F30 melt strength of 55.0 to 100.0 cN as measured at a die pressure of 30 bar according to ISO 16790:2005. The proposed modification would read on wherein the melt strength of the high melt strength polypropylene is ≥ 55 cN and ≤ 100 cN as determined in accordance with ISO 16790:2005 at a temperature of 200°C, using a cylindrical capillary having a length of 20mm and width of 2mm, a starting velocity v0 of 9.8mm/s and an acceleration of 6mm/s2 as claimed. One of ordinary skill in the art would have been motivated to do so because it would have been beneficial for optimizing good melt strength properties of Reichelt’s long-chain branched polypropylene composition because Reichelt teaches that the at least one linear propylene homopolymer or copolymer has [0011] a F30 melt strength >40.0 cN as measured at a die pressure of 30 bar according to ISO 16790:2005 [0013], that the F30 melt strength of the linear propylene homopolymer or copolymer is generally >40.0 cN, preferably in the range of 41.0 to 100.0 cN, more preferably in the range of 45.0 to 90.0 cN, and a suitable upper limit is 100.0 cN, preferably 90.0 cN [0026], that the long-chain branched polypropylene composition overcomes the disadvantages [0009] that are a need for long-chain branched polypropylene compositions capable of withstanding shear and elongation during processing or during further processing and keeping good melt strength properties [0008], which means that the F30 melt strength of Reichelt’s at least one linear propylene homopolymer or copolymer in cN as measured at a die pressure of 30 bar according to ISO 16790:2005 would have affected good melt strength properties of Reichelt’s long-chain branched polypropylene composition.
Regarding claim 22, Reichelt teaches that the at least one linear propylene homopolymer or copolymer has [0011] a F30 melt strength >40.0 cN as measured at a die pressure of 30 bar according to ISO 16790:2005 [0013], and that the F30 melt strength of the linear propylene homopolymer or copolymer is generally >40.0 cN, preferably in the range of 41.0 to 100.0 cN, more preferably in the range of 45.0 to 90.0 cN, and a suitable upper limit is 100.0 cN, preferably 90.0 cN [0026], which reads on wherein the melt strength of the high melt strength polypropylene is ≥ 40 cN and ≤ 100 cN as determined in accordance with ISO 16790:2005 at a temperature of 200°C, using a cylindrical capillary having a length of 20mm and a width of 2mm, a starting velocity v0 of 9.8mm/s and an acceleration of 6mm/s2.
Reichelt does not teach with sufficient specificity that the melt strength of the high melt strength polypropylene is ≥ 60 cN and ≤ 100 cN as determined in accordance with ISO 16790:2005 at a temperature of 200°C, using a cylindrical capillary having a length of 20mm and width of 2mm, a starting velocity v0 of 9.8mm/s and an acceleration of 6mm/s2. Before the effective filing date of the claimed invention, one of ordinary skill in the art would have found it obvious to optimize Reichelt’s at least one linear propylene homopolymer or copolymer to have a F30 melt strength of 60.0 to 100.0 cN as measured at a die pressure of 30 bar according to ISO 16790:2005. The proposed modification would read on wherein the melt strength of the high melt strength polypropylene is ≥ 60 cN and ≤ 100 cN as determined in accordance with ISO 16790:2005 at a temperature of 200°C, using a cylindrical capillary having a length of 20mm and width of 2mm, a starting velocity v0 of 9.8mm/s and an acceleration of 6mm/s2 as claimed. One of ordinary skill in the art would have been motivated to do so because it would have been beneficial for optimizing good melt strength properties of Reichelt’s long-chain branched polypropylene composition because Reichelt teaches that the at least one linear propylene homopolymer or copolymer has [0011] a F30 melt strength >40.0 cN as measured at a die pressure of 30 bar according to ISO 16790:2005 [0013], that the F30 melt strength of the linear propylene homopolymer or copolymer is generally >40.0 cN, preferably in the range of 41.0 to 100.0 cN, more preferably in the range of 45.0 to 90.0 cN, and a suitable upper limit is 100.0 cN, preferably 90.0 cN [0026], that the long-chain branched polypropylene composition overcomes the disadvantages [0009] that are a need for long-chain branched polypropylene compositions capable of withstanding shear and elongation during processing or during further processing and keeping good melt strength properties [0008], which means that the F30 melt strength of Reichelt’s at least one linear propylene homopolymer or copolymer in cN as measured at a die pressure of 30 bar according to ISO 16790:2005 would have affected good melt strength properties of Reichelt’s long-chain branched polypropylene composition.
Regarding claim 23, Reichelt teaches that the at least one linear propylene homopolymer or copolymer has [0011] a F30 melt strength >40.0 cN as measured at a die pressure of 30 bar according to ISO 16790:2005 [0013], and that the F30 melt strength of the linear propylene homopolymer or copolymer is generally >40.0 cN, preferably in the range of 41.0 to 100.0 cN, more preferably in the range of 45.0 to 90.0 cN, and a suitable upper limit is 100.0 cN, preferably 90.0 cN [0026], which reads on wherein the melt strength of the high melt strength polypropylene is ≥ 40 cN and ≤ 100 cN as determined in accordance with ISO 16790:2005 at a temperature of 200°C, using a cylindrical capillary having a length of 20mm and a width of 2mm, a starting velocity v0 of 9.8mm/s and an acceleration of 6mm/s2.
Reichelt does not teach with sufficient specificity that the melt strength of the high melt strength polypropylene is ≥ 65 cN and ≤ 100 cN as determined in accordance with ISO 16790:2005 at a temperature of 200°C, using a cylindrical capillary having a length of 20mm and width of 2mm, a starting velocity v0 of 9.8mm/s and an acceleration of 6mm/s2. Before the effective filing date of the claimed invention, one of ordinary skill in the art would have found it obvious to optimize Reichelt’s at least one linear propylene homopolymer or copolymer to have a F30 melt strength of 65.0 to 100.0 cN as measured at a die pressure of 30 bar according to ISO 16790:2005. The proposed modification would read on wherein the melt strength of the high melt strength polypropylene is ≥ 65 cN and ≤ 100 cN as determined in accordance with ISO 16790:2005 at a temperature of 200°C, using a cylindrical capillary having a length of 20mm and width of 2mm, a starting velocity v0 of 9.8mm/s and an acceleration of 6mm/s2 as claimed. One of ordinary skill in the art would have been motivated to do so because it would have been beneficial for optimizing good melt strength properties of Reichelt’s long-chain branched polypropylene composition because Reichelt teaches that the at least one linear propylene homopolymer or copolymer has [0011] a F30 melt strength >40.0 cN as measured at a die pressure of 30 bar according to ISO 16790:2005 [0013], that the F30 melt strength of the linear propylene homopolymer or copolymer is generally >40.0 cN, preferably in the range of 41.0 to 100.0 cN, more preferably in the range of 45.0 to 90.0 cN, and a suitable upper limit is 100.0 cN, preferably 90.0 cN [0026], that the long-chain branched polypropylene composition overcomes the disadvantages [0009] that are a need for long-chain branched polypropylene compositions capable of withstanding shear and elongation during processing or during further processing and keeping good melt strength properties [0008], which means that the F30 melt strength of Reichelt’s at least one linear propylene homopolymer or copolymer in cN as measured at a die pressure of 30 bar according to ISO 16790:2005 would have affected good melt strength properties of Reichelt’s long-chain branched polypropylene composition.
Claim 3 is rejected under 35 U.S.C. 103 as being unpatentable over Reichelt et al. (US 2018/0298174 A1) as applied to claim 1, and further in view of Van Riel et al. (KR 2010-0095535 A, machine translation in English used for citation).
Regarding claim 3, Reichelt renders obvious the polymer composition according to claim 1 as explained above. Richelt teaches that the linear propylene homopolymer has a melting temperature of 165° C [0153], which reads on wherein the high melt strength polypropylene has a lowest melting temperature T1, wherein T1 is measured using differential scanning calorimetry as claimed. Reichelt teaches that the long-chain branched polypropylene composition generally comprises at least one or more compounds chosen from polymers other than the at least one long-chain branched propylene homopolymer or copolymer and the at least one linear propylene homopolymer or copolymer [0083], that examples of polymers other than the at least one long-chain branched propylene homopolymer or copolymer and the at least one linear propylene homopolymer or copolymer include impact modifiers commonly applied for polypropylene [0086], that preferred impact modifiers are polyethylene elastomers, like ethylene-alpha olefin elastomers being copolymers of ethylene and a C3-C10 alpha-olefin and having a density in the range of 0.860 to 0.915 g/cm3 [0086], and that generally the total amount of polymers other than the at least one long-chain branched propylene homopolymer or copolymer and the at least one linear propylene homopolymer or copolymer is of not more than 10.0 wt % relative to the total weight of the long-chain branched polypropylene composition [0087].
Reichelt does not teach that the ethylene-based elastomer has a highest melting temperature T2, wherein T1 is at least 20 °C higher an T2 and wherein T1 is at most 105° C higher than T2 and wherein T2 is measured using differential scanning calorimetry. However, Van Riel teaches a propylene elastomer containing propylene monomer and ethylene monomer and characterized by a peak melting temperature of about 35 to about 130°C as measured by a differential scanning calorimeter [0183], wherein the density of an ethylene elastomer is less than about 0.908 g/cm3 as measured according to ASTM D 792-00 [0062], wherein the propylene elastomer is present in a polymer composition [0015], wherein the polymer composition optionally further comprises a foaming agent or a foaming activator [0020]. Reichelt and Van Riel are analogous art because both references are in the same field of endeavor of a polymer composition comprising an ethylene-based elastomer. Before the effective filing date of the claimed invention, one of ordinary skill in the art would have found it obvious to select Reichelt’s polymers other than the at least one long-chain branched propylene homopolymer or copolymer and the at least one linear propylene homopolymer or copolymer to be Reichelt’s ethylene-alpha olefin elastomers being copolymers of ethylene and a C3-C10 alpha-olefin and having a density in the range of 0.860 to 0.915 g/cm3, to optimize the total amount of Reichelt’s polymers other than the at least one long-chain branched propylene homopolymer or copolymer and the at least one linear propylene homopolymer or copolymer to be 10.0 wt % relative to the total weight of Reichelt’s long-chain branched polypropylene composition, and to optimize the peak melting temperature of Reichelt’s ethylene-alpha olefin elastomers to be 60 to 130°C as suggested by Van Riel. The proposed modification would read on wherein the ethylene-based elastomer has a highest melting temperature T2, wherein T1 is at least 35 °C higher an T2 and wherein T1 is at most 105° C higher than T2 and wherein T2 is measured using differential scanning calorimetry as claimed. One of ordinary skill in the art would have been motivated to do so because Reichelt teaches that the long-chain branched polypropylene composition generally comprises at least one or more compounds chosen from polymers other than the at least one long-chain branched propylene homopolymer or copolymer and the at least one linear propylene homopolymer or copolymer [0083], that examples of polymers other than the at least one long-chain branched propylene homopolymer or copolymer and the at least one linear propylene homopolymer or copolymer include impact modifiers commonly applied for polypropylene [0086], that preferred impact modifiers are polyethylene elastomers, like ethylene-alpha olefin elastomers being copolymers of ethylene and a C3-C10 alpha-olefin and having a density in the range of 0.860 to 0.915 g/cm3 [0086], and that generally the total amount of polymers other than the at least one long-chain branched propylene homopolymer or copolymer and the at least one linear propylene homopolymer or copolymer is of not more than 10.0 wt % relative to the total weight of the long-chain branched polypropylene composition [0087], which means that Reichelt’s ethylene-alpha olefin elastomers being copolymers of ethylene and a C3-C10 alpha-olefin and having a density in the range of 0.860 to 0.915 g/cm3 would have been beneficial for modifying impact properties and elastomeric properties of Reichelt’s long-chain branched polypropylene composition, which means that the total amount of Reichelt’s polymers other than the at least one long-chain branched propylene homopolymer or copolymer and the at least one linear propylene homopolymer or copolymer in wt % relative to the total weight of Reichelt’s long-chain branched polypropylene composition would have affected impact toughness, strength, and/or resistance and/or elastomeric properties of Reichelt’s long-chain branched polypropylene composition, and which means that optimizing the total amount of Reichelt’s polymers other than the at least one long-chain branched propylene homopolymer or copolymer and the at least one linear propylene homopolymer or copolymer in wt % relative to the total weight of Reichelt’s long-chain branched polypropylene composition would have been beneficial for optimizing impact toughness, strength, and/or resistance and/or elastomeric properties of Reichelt’s long-chain branched polypropylene composition. Also, one of ordinary skill in the art would have been motivated to optimize the peak melting temperature of Reichelt’s ethylene-alpha olefin elastomers in °C because it would have been beneficial for optimizing the suitability of Reichelt’s long-chain branched polypropylene composition for making a foam or foamed article comprising Reichelt’s long-chain branched polypropylene composition because Van Riel teaches that a propylene elastomer containing propylene monomer and ethylene monomer and characterized by a peak melting temperature of about 35 to about 130°C as measured by a differential scanning calorimeter is beneficial for being suitable [0183] for use in a polymer composition [0015] that optionally further comprises a foaming agent or a foaming activator [0020], and that the density of an ethylene elastomer is less than about 0.908 g/cm3 as measured according to ASTM D 792-00 [0062], and because Reichelt teaches that the long-chain branched polypropylene composition generally comprises at least one or more compounds chosen from polymers other than the at least one long-chain branched propylene homopolymer or copolymer and the at least one linear propylene homopolymer or copolymer [0083], that examples of polymers other than the at least one long-chain branched propylene homopolymer or copolymer and the at least one linear propylene homopolymer or copolymer include impact modifiers commonly applied for polypropylene [0086], and that a preferred article made from the long-chain branched polypropylene composition is a foam or foamed article [0104], which means that the peak melting temperature of Reichelt’s ethylene-alpha olefin elastomers in °C would have affected the suitability of Reichelt’s long-chain branched polypropylene composition for making a foam or foamed article comprising Reichelt’s long-chain branched polypropylene composition.
Allowable Subject Matter
Claim 16 is allowed.
The following is a statement of reasons for the indication of allowable subject matter: Regarding claim 16, Reichelt et al. (US 2018/0298174 A1) teaches a long-chain branched polypropylene composition comprising [0009] at least one linear propylene homopolymer or copolymer having [0011] a F30 melt strength >40.0 cN as measured at a die pressure of 30 bar according to ISO 16790:2005, wherein the long-chain branched polypropylene composition comprises 10.0 to 50.0 wt % of the at least one linear propylene homopolymer or copolymer, relative to the total amount of long-chain branched polypropylene composition [0013], preferably 15.0 to 45.0 wt %, more preferably 18.0 to 42.0 wt %, relative to the total amount of long-chain branched polypropylene composition [0082], wherein the F30 melt strength of the linear propylene homopolymer or copolymer is generally >40.0 cN, preferably in the range of 41.0 to 100.0 cN, more preferably in the range of 45.0 to 90.0 cN, and a suitable upper limit is 100.0 cN, preferably 90.0 cN [0026], which reads on a polymer composition comprising A) a high melt strength polypropylene in an amount ≥ 10 wt% and ≤ 50 wt% based on the polymer composition, wherein the high melt strength polypropylene has a melt strength ≥ 40 cN and ≤ 100 cN as determined in accordance with ISO 16790:2005 at a temperature of 200°C, using a cylindrical capillary having a length of 20mm and width of 2mm, a starting velocity v0 of 9.8mm/s and an acceleration of 6mm/s2. Reichelt teaches that the long-chain branched polypropylene composition further comprises at least one long-chain branched propylene homopolymer or copolymer [0009], and that generally the total amount of additives and/or polymers other than the at least one long-chain branched propylene homopolymer or copolymer and the at least one linear propylene homopolymer or copolymer in the long-chain branched polypropylene composition is of not more than 10.0 wt % relative to the total weight of the long-chain branched polypropylene composition [0087], which reads on the polymer composition further comprising C) a further polypropylene, wherein the further propylene is present in the polymer composition in an amount ≥ 50 wt% and ≤ 90 wt% based on the polymer composition, and wherein the sum of the high melt strength polypropylene and the further polypropylene is ≥ 90 wt% based on the sum of the weight of the high melt strength polypropylene, the further polypropylene, and the ethylene-based elastomer. The wt% of the further polypropylene is based on the calculations 100% - 50% = 50% and 100% - 10% = 90%. The wt% of the sum is based on the calculation 100% - 10% = 90%. Reichelt teaches that the long-chain branched polypropylene composition generally comprises at least one or more compounds chosen from polymers other than the at least one long-chain branched propylene homopolymer or copolymer and the at least one linear propylene homopolymer or copolymer [0083], that examples of polymers other than the at least one long-chain branched propylene homopolymer or copolymer and the at least one linear propylene homopolymer or copolymer include impact modifiers commonly applied for polypropylene [0086], that preferred impact modifiers are polyethylene elastomers, like ethylene-alpha olefin elastomers being copolymers of ethylene and a C3-C10 alpha-olefin and having a density in the range of 0.860 to 0.915 g/cm3 [0086], and that generally the total amount of polymers other than the at least one long-chain branched propylene homopolymer or copolymer and the at least one linear propylene homopolymer or copolymer is of not more than 10.0 wt % relative to the total weight of the long-chain branched polypropylene composition [0087], which optionally reads on the polymer composition further comprising B) an ethylene-based elastomer having a density ≥ 860 to ≤ 915 kg/m3, wherein the density is determined in accordance with ASTM D792-2008, wherein the ethylene-based elastomer is present in the polymer composition in an amount ≥ 0 wt% and ≤ 10 wt% based on the polymer composition.
Reichelt does not teach with sufficient specificity that the polymer composition comprises A) the high melt strength polypropylene in an amount ≥ 30 wt% and ≤ 90 wt% based on the polymer composition, does not teach a specific embodiment of the polymer composition further comprising B) an ethylene-based elastomer having a density ≥ 855 to ≤ 913 kg/m3, wherein the density is determined in accordance with ASTM D792-2008, and does not teach that the ethylene-based elastomer is present in the polymer composition in an amount ≥ 15 wt% and ≤ 47 wt% based on the polymer composition. Although Reichelt teaches that the long-chain branched polypropylene composition comprises 10.0 to 50.0 wt % of the at least one linear propylene homopolymer or copolymer, relative to the total amount of long-chain branched polypropylene composition [0013], preferably 15.0 to 45.0 wt %, more preferably 18.0 to 42.0 wt %, relative to the total amount of long-chain branched polypropylene composition [0082], which suggests the claimed amount of A) the high melt strength polypropylene, and although Reichelt teaches that the long-chain branched polypropylene composition further comprises at least one long-chain branched propylene homopolymer or copolymer [0009], and that generally the total amount of additives and/or polymers other than the at least one long-chain branched propylene homopolymer or copolymer and the at least one linear propylene homopolymer or copolymer in the long-chain branched polypropylene composition is of not more than 10.0 wt % relative to the total weight of the long-chain branched polypropylene composition [0087], which suggests the polymer composition further comprising B) an ethylene-based elastomer having a density ≥ 860 to ≤ 915 kg/m3, wherein the density is determined in accordance with ASTM D792-2008, Reichelt’s teachings read on wherein the ethylene-based elastomer is present in the polymer composition in an amount ≥ 0 wt% and ≤ 10 wt% based on the polymer composition, which is below the claimed range. The prior art of record do not teach or suggest the polymer composition of claim 16 wherein the ethylene-based elastomer is present in the polymer composition in an amount ≥ 15 wt% and ≤ 47 wt% based on the polymer composition.
Response to Arguments
Applicant’s arguments, see p. 7, filed 06/01/2026, with respect to the objection to claim 16 have been fully considered and are persuasive. The objection to claim 16 has been withdrawn.
Applicant’s arguments, see p. 8, filed 06/01/2026, with respect to the rejection of claims 1-9, 11-14, and 16 under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, have been fully considered and are persuasive. The rejection of claims 1-9, 11-14, and 16 under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, has been withdrawn.
Applicant's arguments filed 06/01/2026 have been fully considered but they are not persuasive. In response to the applicant’s argument that claims 1, 2, 5, 8, 9, 13, and 16 have been amended in a manner rendering the rejection of claim 10 under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, moot (p. 8), the rejection of claim 10 rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, is maintained because claim 10 recites the limitation “a further polypropylene” in line 2, which is indefinite because claim 1 recites the limitation “a further polypropylene” in line 12, and it is unclear if the limitation in claim 10 refers to the “further polypropylene” recited in claim 1, or a second “further polypropylene”. Based on the specification of the instant application (p. 2, l. 23-25; p. 10, l. 14-16), for further examination of the claims, this limitation is interpreted as “the further polypropylene”.
Applicant’s arguments, see p. 8, filed 06/01/2026, with respect to the rejection of claim 16 under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, have been fully considered and are persuasive. The rejection of claim 16 under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, has been withdrawn.
Applicant's arguments filed 06/01/2026 have been fully considered but they are not persuasive. In response to the applicant’s argument that the cited references fail to disclose or suggest the subject matter of claim 1 (p. 8-9), Reichelt et al. (US 2018/0298174 A1) the subject matter of claim 1 as explained in the rejection of claim 1 in this Office action.
In response to the applicant’s argument that a high melt strength polypropylene having a melt strength ≥ 10 cN and ≤ 40 cN does not suggest a high melt strength polypropylene having a melt strength ≥ 45 cN and ≤ 100 cN, that Reichelt, optionally in view of Van Riel and/or Kawamura, fails to disclose at least a high melt strength polypropylene having a melt strength polypropylene having a melt strength ≥ 45 cN and ≤ 100 cN as determined in accordance with ISO 16790:2005 at a temperature of 200°C, using a cylindrical capillary having a length of 20mm and a width of 2mm, a starting velocity v0 of 9.8mm/s and an acceleration of 6mm/s2, as required by Claim 1, and that the Office action has failed to establish that there is anything in the cited prior art as a whole that would suggest to one of skill in the art to make modifications that would render Claim 1 obvious (p. 9-10), Reichelt teaches s long-chain branched polypropylene composition comprising [0009] at least one linear propylene homopolymer or copolymer having [0011] a F30 melt strength >40.0 cN as measured at a die pressure of 30 bar according to ISO 16790:2005 [0013], wherein the F30 melt strength of the linear propylene homopolymer or copolymer is generally >40.0 cN, preferably in the range of 41.0 to 100.0 cN, more preferably in the range of 45.0 to 90.0 cN, and a suitable upper limit is 100.0 cN, preferably 90.0 cN [0026], which reads on wherein the high melt strength polypropylene has a melt strength ≥ 40 cN and ≤ 100 cN as determined in accordance with ISO 16790:2005 at a temperature of 200°C, using a cylindrical capillary having a length of 20mm and width of 2mm, a starting velocity v0 of 9.8mm/s and an acceleration of 6mm/s2. Before the effective filing date of the claimed invention, one of ordinary skill in the art would have found it obvious to optimize Reichelt’s at least one linear propylene homopolymer or copolymer to have a F30 melt strength of 45.0 to 100.0 cN as measured at a die pressure of 30 bar according to ISO 16790:2005. The proposed modification would read on wherein the high melt strength polypropylene has a melt strength ≥ 45 cN and ≤ 100 cN as determined in accordance with ISO 16790:2005 at a temperature of 200°C, using a cylindrical capillary having a length of 20mm and width of 2mm, a starting velocity v0 of 9.8mm/s and an acceleration of 6mm/s2 as claimed. One of ordinary skill in the art would have been motivated to do so because it would have been beneficial for optimizing good melt strength properties of Reichelt’s long-chain branched polypropylene composition because Reichelt teaches that the at least one linear propylene homopolymer or copolymer has [0011] a F30 melt strength >40.0 cN as measured at a die pressure of 30 bar according to ISO 16790:2005 [0013], that the F30 melt strength of the linear propylene homopolymer or copolymer is generally >40.0 cN, preferably in the range of 41.0 to 100.0 cN, more preferably in the range of 45.0 to 90.0 cN, and a suitable upper limit is 100.0 cN, preferably 90.0 cN [0026], that the long-chain branched polypropylene composition overcomes the disadvantages [0009] that are a need for long-chain branched polypropylene compositions capable of withstanding shear and elongation during processing or during further processing and keeping good melt strength properties [0008], which means that the F30 melt strength of Reichelt’s at least one linear propylene homopolymer or copolymer in cN as measured at a die pressure of 30 bar according to ISO 16790:2005 would have affected good melt strength properties of Reichelt’s long-chain branched polypropylene composition. Reichelt renders claim 1 obvious as explained in the rejection of claim 1 in this Office action.
In response to the applicant’s arguments regarding new claims 20-23 (p. 9), Reichelt renders claims 20-23 obvious as explained in the rejection of the claims in this Office action. For example, for claim 20, before the effective filing date of the claimed invention, one of ordinary skill in the art would have found it obvious to optimize Reichelt’s at least one linear propylene homopolymer or copolymer to have a F30 melt strength of 50.0 to 100.0 cN as measured at a die pressure of 30 bar according to ISO 16790:2005. The proposed modification would read on wherein the melt strength of the high melt strength polypropylene is ≥ 50 cN and ≤ 100 cN as determined in accordance with ISO 16790:2005 at a temperature of 200°C, using a cylindrical capillary having a length of 20mm and width of 2mm, a starting velocity v0 of 9.8mm/s and an acceleration of 6mm/s2 as claimed. One of ordinary skill in the art would have been motivated to do so because it would have been beneficial for optimizing good melt strength properties of Reichelt’s long-chain branched polypropylene composition because Reichelt teaches that the at least one linear propylene homopolymer or copolymer has [0011] a F30 melt strength >40.0 cN as measured at a die pressure of 30 bar according to ISO 16790:2005 [0013], that the F30 melt strength of the linear propylene homopolymer or copolymer is generally >40.0 cN, preferably in the range of 41.0 to 100.0 cN, more preferably in the range of 45.0 to 90.0 cN, and a suitable upper limit is 100.0 cN, preferably 90.0 cN [0026], that the long-chain branched polypropylene composition overcomes the disadvantages [0009] that are a need for long-chain branched polypropylene compositions capable of withstanding shear and elongation during processing or during further processing and keeping good melt strength properties [0008], which means that the F30 melt strength of Reichelt’s at least one linear propylene homopolymer or copolymer in cN as measured at a die pressure of 30 bar according to ISO 16790:2005 would have affected good melt strength properties of Reichelt’s long-chain branched polypropylene composition.
Applicant’s arguments, see p. 10, filed 06/01/2026, with respect to the rejection of claim 16 under 35 U.S.C. 103 as being unpatentable over Reichelt et al. (US 2018/0298174 A1) have been fully considered and are persuasive. The rejection of claim 16 under 35 U.S.C. 103 as being unpatentable over Reichelt et al. (US 2018/0298174 A1) has been withdrawn.
Applicant's arguments filed 06/01/2026 have been fully considered but they are not persuasive. In response to the applicant’s argument that rejoinder of claim 15 is respectfully requested (p. 11), claim 15 is not eligible for rejoinder because it does not require all the limitations of an allowed claim.
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.
Correspondence
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/DAVID T KARST/Primary Examiner, Art Unit 1767
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