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
REQUIREMENT FOR UNITY OF INVENTION
As provided in 37 CFR 1.475(a), a national stage application shall relate to one invention only or to a group of inventions so linked as to form a single general inventive concept (“requirement of unity of invention”). Where a group of inventions is claimed in a national stage application, the requirement of unity of invention shall be fulfilled only when there is a technical relationship among those inventions involving one or more of the same or corresponding special technical features. The expression “special technical features” shall mean those technical features that define a contribution which each of the claimed inventions, considered as a whole, makes over the prior art.
The determination whether a group of inventions is so linked as to form a single general inventive concept shall be made without regard to whether the inventions are claimed in separate claims or as alternatives within a single claim. See 37 CFR 1.475(e).
When Claims Are Directed to Multiple Categories of Inventions:
As provided in 37 CFR 1.475 (b), a national stage application containing claims to different categories of invention will be considered to have unity of invention if the claims are drawn only to one of the following combinations of categories:
(1) A product and a process specially adapted for the manufacture of said product; or
(2) A product and a process of use of said product; or
(3) A product, a process specially adapted for the manufacture of the said product, and a use of the said product; or
(4) A process and an apparatus or means specifically designed for carrying out the said process; or
(5) A product, a process specially adapted for the manufacture of the said product, and an apparatus or means specifically designed for carrying out the said process.
Otherwise, unity of invention might not be present. See 37 CFR 1.475 (c).
Restriction is required under 35 U.S.C. 121 and 372.
This application contains the following inventions or groups of inventions which are not so linked as to form a single general inventive concept under PCT Rule 13.1.
In accordance with 37 CFR 1.499, applicant is required, in reply to this action, to elect a single invention to which the claims must be restricted.
Group I, claim(s) 1-14 and 16-19, drawn to a polymer composition, or a foam comprising the polymer composition of claim 1, or an article comprising the foam of claim 12.
Group II, claim(s) 15, drawn to a process for the preparation of a foam comprising providing the polymer composition of claim 1.
The groups of inventions listed above do not relate to a single general inventive concept under PCT Rule 13.1 because, under PCT Rule 13.2, they lack the same or corresponding special technical features for the following reasons:
Groups I and II lack unity of invention because even though the inventions of these groups require the technical feature of the polymer composition according to claim 1, this technical feature is not a special technical feature as it does not make a contribution over the prior art in view of Reichelt et al. (US 2018/0298174 A1). Reichelt teaches a long-chain branched polypropylene composition comprising at least one long-chain branched propylene homopolymer or copolymer having [0009] a F30 melt strength in the range of 10.0 to 40.0 cN as measured at a die pressure of 30 bar according to ISO 16790:2005, and 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], wherein the F30 melt strength of the linear propylene homopolymer or copolymer is generally >40.0 cN, and a suitable upper limit is 100.0 cN [0026], wherein the long-chain branched propylene homopolymer has a melting temperature of 165° C [0152], wherein the linear propylene homopolymer has a melting temperature of 165° C [0153]. Reichelt’s teachings read on a polymer composition comprising A) a high melt strength polypropylene in an amount ≥ 50 wt% and ≤ 90 wt% based on the polymer composition, wherein the high melt strength polypropylene has a melt strength ≥ 10 cN and ≤ 40 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, and C) a further polypropylene, wherein the further polypropylene is present in the polymer composition in an amount ≥ 10 wt% and ≤ 50 wt% based on the polymer composition, and wherein the sum of the weight of high melt strength polypropylene and the further propylene is 100 wt% based on the sum of thew eight of the high melt strength polypropylene, the further polypropylene, and the ethylene-based elastomer as claimed. Reichelt’s teachings also read 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 a width of 2mm, a starting velocity v0 of 9.8mm/s and an acceleration of 6mm/s2, and C) a further polypropylene, wherein the further polypropylene 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 weight of high melt strength polypropylene and the further propylene is 100 wt% based on the sum of thew eight of the high melt strength polypropylene, the further polypropylene, and the ethylene-based elastomer 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 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 comprised 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 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 ≤ 10 wt% based on the polymer 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 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 as 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, 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 comprised in Reichelt’s long-chain branched polypropylene composition 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, which reads on the claimed ranges. 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 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 comprised 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 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 comprised in Reichelt’s long-chain branched polypropylene composition 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 comprised in Reichelt’s long-chain branched polypropylene composition 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.
During a telephone conversation with Asaf Batelman on 03/12/2026 a provisional election was made without traverse to prosecute the invention of Group I, claims 1-14 and 16-19. Affirmation of this election must be made by applicant in replying to this Office action. Claim 15 is withdrawn from further consideration by the examiner, 37 CFR 1.142(b), as being drawn to a non-elected invention.
Applicant is reminded that upon the cancelation of claims to a non-elected invention, the inventorship must be corrected in compliance with 37 CFR 1.48(a) if one or more of the currently named inventors is no longer an inventor of at least one claim remaining in the application. A request to correct inventorship under 37 CFR 1.48(a) must be accompanied by an application data sheet in accordance with 37 CFR 1.76 that identifies each inventor by his or her legal name and by the processing fee required under 37 CFR 1.17(i).
The examiner has required restriction between product or apparatus claims and process claims. Where applicant elects claims directed to the product/apparatus, and all product/apparatus claims are subsequently found allowable, withdrawn process claims that include all the limitations of the allowable product/apparatus claims should be considered for rejoinder. All claims directed to a nonelected process invention must include all the limitations of an allowable product/apparatus claim for that process invention to be rejoined.
In the event of rejoinder, the requirement for restriction between the product/apparatus claims and the rejoined process claims will be withdrawn, and the rejoined process claims will be fully examined for patentability in accordance with 37 CFR 1.104. Thus, to be allowable, the rejoined claims must meet all criteria for patentability including the requirements of 35 U.S.C. 101, 102, 103 and 112. Until all claims to the elected product/apparatus are found allowable, an otherwise proper restriction requirement between product/apparatus claims and process claims may be maintained. Withdrawn process claims that are not commensurate in scope with an allowable product/apparatus claim will not be rejoined. See MPEP § 821.04. Additionally, in order for rejoinder to occur, applicant is advised that the process claims should be amended during prosecution to require the limitations of the product/apparatus claims. Failure to do so may result in no rejoinder. Further, note that the prohibition against double patenting rejections of 35 U.S.C. 121 does not apply where the restriction requirement is withdrawn by the examiner before the patent issues. See MPEP § 804.01.
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 Objections
Claim 16 is objected to because of the following informalities: Claim 16 recites “wherein wherein” in line 1, which is redundant, and the Office suggests that Applicant delete one of the “wherein”. 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.
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.
Claims 1-14 and 16-19 are 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 1 recites the limitation “ASTM D792 (2008)” in line 9, which is indefinite because it is unclear if the “2008” is a limitation, abbreviation, or reference character because it is enclosed in parentheses. For further examination of the claims, this limitation is interpreted as “ASTM D792-2008”.
Claim 2 recites the limitation “ASTM D1238 (2013)” in line 4, which is indefinite because it is unclear if the “2013” is a limitation, abbreviation, or reference character because it is enclosed in parentheses. For further examination of the claims, this limitation is interpreted as “ASTM D1238-2013”.
Claim 5 recites the limitation “ASTM D1238 (2013)” in lines 4-5, which is indefinite because it is unclear if the “2013” is a limitation, abbreviation, or reference character because it is enclosed in parentheses. For further examination of the claims, this limitation is interpreted as “ASTM D1238-2013”.
Claim 8 recites the limitation “ASTM D792 (2008)” in line 4, which is indefinite because it is unclear if the “2008” is a limitation, abbreviation, or reference character because it is enclosed in parentheses. For further examination of the claims, this limitation is interpreted as “ASTM D792-2008”.
Claim 9 recites the limitation “ASTM D1238 (2013)” in line 6, which is indefinite because it is unclear if the “2013” is a limitation, abbreviation, or reference character because it is enclosed in parentheses. For further examination of the claims, this limitation is interpreted as “ASTM D1238-2013”.
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 13 recites the limitation “ISO 845 (2006)” in line 2, which is indefinite because it is unclear if the “2006” is a limitation, abbreviation, or reference character because it is enclosed in parentheses. For further examination of the claims, this limitation is interpreted as “ISO 845-2006”.
Claim 17 recites the limitation “ASTM D1238 (2013)” in line 3, which is indefinite because it is unclear if the “2013” is a limitation, abbreviation, or reference character because it is enclosed in parentheses. For further examination of the claims, this limitation is interpreted as “ASTM D1238-2013”.
The following is a quotation of 35 U.S.C. 112(d):
(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph:
Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
Claim 16 is rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends.
Claim 16 recites the limitation “the ethylene-based elastomer is present in an amount ≥ 10 wt% and ≤ 49 wt% based on the polymer composition” in lines 1-3, which fails to further limit the subject matter of the claim upon which it depends because claim 1, from which claim 16 depends, recites the limitation “the ethylene-based elastomer is present in the polymer composition in an amount ≥ 10 wt% and ≤ 49 wt% based on the polymer composition” in lines 10-11, which is identical to the limitation in claim 16.
Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements.
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, 16, 18, and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Reichelt et al. (US 2018/0298174 A1).
Regarding claims 1, 7, and 16, Reichelt teaches a long-chain branched polypropylene composition comprising at least one long-chain branched propylene homopolymer or copolymer having [0009] a F30 melt strength in the range of 10.0 to 40.0 cN as measured at a die pressure of 30 bar according to ISO 16790:2005, and 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], wherein the F30 melt strength of the linear propylene homopolymer or copolymer is generally >40.0 cN, and a suitable upper limit is 100.0 cN [0026], wherein the long-chain branched propylene homopolymer has a melting temperature of 165° C [0152], wherein the linear propylene homopolymer has a melting temperature of 165° C [0153]. Reichelt’s teachings read on a polymer composition comprising A) a high melt strength polypropylene in an amount ≥ 50 wt% and ≤ 90 wt% based on the polymer composition, wherein the high melt strength polypropylene has a melt strength ≥ 10 cN and ≤ 40 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, and C) a further polypropylene, wherein the further polypropylene is present in the polymer composition in an amount ≥ 10 wt% and ≤ 50 wt% based on the polymer composition, and wherein the sum of the weight of high melt strength polypropylene and the further propylene is 100 wt% based on the sum of thew eight of the high melt strength polypropylene, the further polypropylene, and the ethylene-based elastomer 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 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 comprised 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 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 ≤ 10 wt% based on the polymer 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 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 as 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, 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 comprised in Reichelt’s long-chain branched polypropylene composition 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 which reads on the claimed ranges, wherein the ethylene-based elastomer is present 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 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 comprised 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 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 comprised in Reichelt’s long-chain branched polypropylene composition 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 comprised in Reichelt’s long-chain branched polypropylene composition 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 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 for the at least one long-chain branched propylene homopolymer or copolymer [0009], the expression “propylene homopolymer” relates to a polypropylene that consists substantially, i.e. of at least 99.0 wt % of propylene units or that only propylene units are detectable, i.e. only propylene has been polymerized [0021], and that the expression “propylene copolymer” relates to a copolymer comprising units derived from propylene and at least one comonomer selected from ethylene or at least a C4-C12 alpha-olefin [0022], which 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 form the group of ethylene and alpha-olefins with ≥ 4 and ≤ 12 carbon atoms as claimed.
Regarding claim 5, 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], which reads on wherein the high melt strength polypropylene has a melt flow rate ≥ 1.5 and ≤ 3.5 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.
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 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 comprised 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 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 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 as 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 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 comprised in Reichelt’s long-chain branched polypropylene composition 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 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 comprised 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 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 comprised in Reichelt’s long-chain branched polypropylene composition 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 comprised in Reichelt’s long-chain branched polypropylene composition 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 renders obvious the polymer composition according to claim 1 as explained above. 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 comprised 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 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 ethylene-alpha olefin elastomers being copolymers of ethylene and 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 having a density in the range of 0.860 to 0.915 g/cm3 as 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, 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 comprised in Reichelt’s long-chain branched polypropylene composition 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 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], 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 comprised 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 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 comprised in Reichelt’s long-chain branched polypropylene composition 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 comprised in Reichelt’s long-chain branched polypropylene composition 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 for the at least one linear propylene homopolymer or copolymer [0011], the expression “propylene homopolymer” relates to a polypropylene that consists substantially, i.e. of at least 99.0 wt % of propylene units or that only propylene units are detectable, i.e. only propylene has been polymerized [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 [0022], which reads on wherein the further polypropylene is polypropylene chosen from the group of propylene homopolymers, and propylene copolymers as claimed.
Regarding claims 11 and 18, 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 long-chain branched polypropylene composition further comprises 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 in an amount of 10.0 wt % relative to the total weight of Reichelt’s long-chain branched polypropylene 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], wherein the article is a pipe, sheet, or a tube as claimed.
Regarding claim 19, Reichelt teaches a foamed article made from the long-chain branched polypropylene composition [0104, 0105], wherein the type of article is [0110] tubes [0104], which reads on wherein the article is an insulation article as claimed because it would have insulating properties to some extent since it would have the claimed composition of the claimed article.
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. Reichelt teaches that the long-chain branched propylene homopolymer has a melting temperature of 165°C [0152], 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 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 comprised 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].
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 ethylene-alpha olefin elastomers being copolymers of ethylene and a C3 alpha-olefin and having a density in the range of 0.860 to 0.915 g/cm3 as 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 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 comprised in Reichelt’s long-chain branched polypropylene composition 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 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 comprised 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 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 comprised in Reichelt’s long-chain branched polypropylene composition 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 comprised in Reichelt’s long-chain branched polypropylene composition 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 to be used in the long-chain branched polypropylene composition 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.
Claim 17 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 Kawamura et al. (EP 2343333 A1).
Regarding claim 17, Reichelt renders obvious the polymer composition of claim 1 as explained above. 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 comprised 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].
Reichelt does not teach that the melt flow rate of the ethylene-based elastomer is ≥ 0.30 and ≤ 8.0 g/10min, as determined in accordance with ASTM D1238 (2013) at a temperature of 190°C under a load of 2.16 kg. However, Kawamura teaches an ethylene/α-olefin elastomer having MFR measured at 190°C under 2.16 kg load in accordance with ASTM D-1238 of 1 to 50 g/10 min and a density of 0.86 to 0.92 g/cm3, wherein the elastomer is present in a foaming polypropylene resin composition [0018], wherein the foaming polypropylene resin composition further comprises a high-molecular weight component-containing impact polypropylene [0013], wherein it is known that increasing the flowability (melt flow rate: MFR) of resins leads to improvements in injection molding of thin-wall products and increasing the melt tension enhanced foaming ability [0005], wherein melt flow rate is related to melt tension [0019, 0020]. Reichelt and Kawamura are analogous art because both references are in the same field of endeavor of a polymer composition comprising a polypropylene and 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 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 as 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 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 comprised in Reichelt’s long-chain branched polypropylene composition to be 10.0 wt % relative to the total weight of Reichelt’s long-chain branched polypropylene composition, and to optimize the melt flow rate measured at 190°C under 2.16 kg load in accordance with ASTM D-1238 of Reichelt’s ethylene-alpha olefin elastomers to be 1 to 8 g/10 min as suggested by Kawamura. The proposed modification would read on wherein the melt flow rate of the ethylene-based elastomer is ≥ 1 and ≤ 8.0 g/10min, as determined in accordance with ASTM D1238 (2013) at a temperature of 190°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 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 comprised 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 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 comprised in Reichelt’s long-chain branched polypropylene composition 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 comprised in Reichelt’s long-chain branched polypropylene composition 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 do so because optimizing the melt flow rate measured at 190°C under 2.16 kg load in accordance with ASTM D-1238 of Reichelt’s ethylene-alpha olefin elastomers in g/10 min 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 Kawamura teaches that an ethylene/α-olefin elastomer having MFR measured at 190°C under 2.16 kg load in accordance with ASTM D-1238 of 1 to 50 g/10 min and a density of 0.86 to 0.92 g/cm3 is beneficial for being useful in a foaming polypropylene resin composition [0018], that it is known that increasing the flowability (melt flow rate: MFR) of resins leads to improvements in injection molding of thin-wall products and increasing the melt tension enhanced foaming ability [0005], and that melt flow rate is related to melt tension [0019, 0020], and because Reichelt teaches that the melt flow rate (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 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 MFR measured at 190°C under 2.16 kg load in accordance with ASTM D-1238 of Reichelt’s ethylene-alpha olefin elastomers 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.
Correspondence
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/DAVID T KARST/Primary Examiner, Art Unit 1767