CTNF 18/283,753 CTNF 88592 DETAILED ACTION 07-03-aia AIA 15-10-aia The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA. This application is a national stage entry under 35 U.S.C. §371 of International Application No. PCT/JP2022/013216 filed 3/22/2022. Acknowledgment is made of applicant's claim for foreign priority under 35 U.S.C. §119(a)-(d) by Application No. JP 2021-053716 filed 3/26/2021, which papers have been placed of record in the file. Claims 1-4 are pending. Claim Rejections - 35 USC § 103 07-06 AIA 15-10-15 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. 07-20-aia AIA 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. 07-21-aia AIA Claim s 1-6 are rejected under 35 U.S.C. 103 as being unpatentable over Satoh et al. (US 2015/0018491) . Regarding claim 1 : Satoh is directed to an ethylene polymer composition comprising a copolymer of ethylene and α-olefin having 4 to 10 carbon atoms, and its properties satisfy the following requirements. (1) density is in the range of 875 kg/m³ to 945 kg/m³; (2) a melt flow rate (MFR) at 190°C under a load of 2.16 kg is in the range of 0.1 g/10 min to 30 g/10 min (Example α-1 is 1.2) (3) the ratio [MT/n* (g/P)] of the melt tension [MT (g)] at 190°C to the shear viscosity [n* (P)] at 200°C and the angular velocity of 1.0 rad/s is in a range of 1.26 X 10⁻⁴ to 2.60 X 10-⁴ (Example α-1 is 1.26x10 -4 ) (4) the zero shear viscosity [η o (P)] at 200°C and the weight-average molecular weight (Mw) measured by GPC-viscometry (GPC-VISCO) is in a range of 1.43 X 10⁴ to 7.83x10⁵ (Example α-2 Mw is 1.404x10 5 , [η (P)] is 140,000 and therefore meets (Eq-1) (5) the number-average molecular weight (Mn), the weight-average molecular weight (Mw), and the Z-average molecular weight (Mz), which are measured by GPC-viscometry (GPC-VISCO) ) are in a range of -2.19 to 0.07 ((Example α-1 is 4.82-6.58 = -1.76); (6) While a melting curve obtained by differential scanning calorimetry (DSC) having multiple peaks is not specifically mentioned, case law holds that the claimed and prior art products are identical or substantially identical in structure or composition, or are produced by identical or substantially identical processes, a prima facie case of either anticipation or obviousness has been established. In re Best , 562 F.2d 1252, 1255, 195 USPQ 430, 433 (CCPA 1977). MPEP 2112.01(I). In the present case, the person skilled in the field of polymer that the use of ethylene olefin comonomers often results in an irregular crystalline structure (crystallinity), leading to multiple melting areas and consequently multiple melting peaks observed in the DSC. Hence, Satoh suggests an α-olefin having a having a DSC melting curve within the scope of the claims. Since PTO cannot conduct experiments the proof of burden is shifted to the applicants to establish an unobviousness difference, see In re Best , 562 F.2d 1252, 195 USPQ 430 (CCPA 1977). See MPEP § 2112.01. PNG media_image1.png 434 1030 media_image1.png Greyscale Regarding claim 2 : The ratio Mz/Mw is about 4.83 in α-1. Regarding claim 3 : [η0/Mw0.776)x10 4 is 1.39 in α-1. Regarding claim 4 : The composition comprises another thermoplastic resin other than the ethylene polymer α ([0035]) Regarding claims 5-6 : A film and multilayer film is disclosed ([0019]). Contact Information Any inquiry concerning this communication or earlier communications from the examiner should be directed to ROBERT T BUTCHER whose telephone number is (571)270-3514. The examiner can normally be reached Telework M-F 9-5 Pacific Time Zone. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Lanee Reuther can be reached at (571) 270-7026. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /ROBERT T BUTCHER/Primary Examiner, Art Unit 1764 Application/Control Number: 18/283,753 Page 2 Art Unit: 1764 Application/Control Number: 18/283,753 Page 3 Art Unit: 1764