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 claims 6 and 14 in the reply filed on Sept. 11, 2025 is acknowledged. Since claims 7 and 8 depend from the non-elected claim 5, claims 7 and 8 have also been withdrawn.
Claim Objections
Claim 2 is objected to because of the following informalities: the claim recites “a-olefin copolymer” in line 2. It appears the claim should recite “α-olefin copolymer.” Appropriate correction is required.
Claim 3 is objected to because of the following informalities: the claim recites “a-olefin copolymer” in line 2. It appears the claim should recite “α-olefin copolymer.” Appropriate correction is required.
Claim 6 is objected to because of the following informalities: the claim recites “a-olefin multi-block copolymer” in line 3. It appears the claim should recite “α-olefin multi-block copolymer.” Appropriate correction is required.
Claim 6 is objected to because of the following informalities: the claim recites “a-olefin copolymer” in line 4. It appears the claim should recite “α-olefin copolymer.” Appropriate correction is required.
Claim 10 is objected to because of the following informalities: the claim recites “a-olefin copolymer” in line 2. It appears the claim should recite “α-olefin copolymer.” Appropriate correction is required.
Claim 10 is objected to because of the following informalities: the claim recites “a-olefin multi-block copolymer” in line 3. It appears the claim should recite “α-olefin multi-block copolymer.” Appropriate correction is required.
Claim 11 is objected to because of the following informalities: the claim recites “a-olefin copolymer” in line 2. It appears the claim should recite “α-olefin copolymer.” Appropriate correction is required.
Claim 12 is objected to because of the following informalities: the claim recites “a-olefin multi-block copolymer” in line 2. It appears the claim should recite “α-olefin multi-block copolymer.” Appropriate correction is required.
Claim 14 is objected to because of the following informalities: the claim recites “a-olefin multi-block copolymer” in line 2. It appears the claims should recite “α-olefin multi-block copolymer.” Appropriate correction is required.
Claim 14 recites “a-olefin copolymer” in line 3. It appears the claim should recite “α-olefin copolymer.” Appropriate correction is required.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1 and 15 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Chen et al. (US 2013/0237655 A1) (“Chen”).
With respect to claim 1, Chen discloses an article (abstr., 0002), comprising a top layer composed of a composition comprising 75 wt % or 88 wt % of an ethylene-based polymer (0038, Table 1), 12 wt % or 25 wt % of mineral oil based on the total weight of the top layer (Table 1), and optional additives (0038), wherein the ethylene-based polymer and the oil amount to 100 wt % of the top layer when no optional additives are present (Table 1), the article comprising a bottom layer comprising a textile (0035, 0080-0081, Fig. 1A). The percentage amounts of the ethylene-based polymer and the oil are within the recited ranges.
Regarding claim 15, Chen discloses the article of claim 1, wherein the oil is a mineral oil (Table 1).
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim(s) 2-4, 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Chen, in view of Krabbenborg (US 8674022 B2).
With respect to claim 2, Chen teaches the article of claim 1, but is silent with respect to specifying that the ethylene-based polymer is selected from the group consisting of an ethylene/C4-C8 α-olefin copolymer, an ethylene/C4-C8 α-olefin multi-block copolymer, and combinations thereof. Krabbenborg discloses a composition to be used for a top layer of an artificial leather (abstr.), the composition comprising ethylene/α-olefin multi-block copolymer, wherein α-olefins include C4-C8 olefins (col. 4, lines 25-44, col. 5, lines 5-10), and an ethylene/α-olefin copolymer, wherein α-olefins include C4-C8 α-olefins (col. 10, lines 33-58). It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to form the ethylene-based polymer of Chen including ethylene-based polymer as disclosed in Krabbenborg as the components of the composition of Krabbenborg are known in the art of artificial leathers to be used in their top layers (col. 1, lines 12-20). It has been held to select a known material based on its suitability for its intended use to be an obvious design choice. In re Leshin, 277 F.2d 197, 125 USPQ 416 (CCPA 1960).
Regarding claim 3, Chen and Krabbenborg teach the article of claim 2. Krabbenborg discloses the ethylene-based polymer is an ethylene/C4-C8 α-olefin copolymer having a density of equal to or greater than 0.860 g/cm3 (col. 12, lines 29-32), melt index of 0.01 g/10 min to about 100 g/10 min (col. 12, lines 58-61). The ranges of density and melt index overlap the ranges recited in claim 3; overlapping ranges have been held to establish prima facie obviousness (MPEP 2144.05). Regarding the Shore A value as recited in the claim Krabbenborg discloses that the composition has a Shore A value of equal to or greater than 75 (col. 15, lines 54-56), thus, it would be obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to adjust the Shore A hardness of the ethylene/C4-C8 α-olefin in order to obtain the desired Shore A value of the composition.
As to claim 4, Chen and Krabbenborg teach the article of claim 2. Krabbenborg discloses the ethylene-based polymer is an ethylene/C4-C8 α-olefin multi-block copolymer having a density specifically adjusted wherein the polymer is substantially free of a cross-linked phase (col. 3, lines 5-13), thus it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to optimize the density of the multi-block copolymer.
Regarding the Shore A value as recited in the claim Krabbenborg discloses that the composition has a Shore A value of equal to or greater than 75 (col. 15, lines 54-56), thus, it would be obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to adjust the Shore A hardness value of the ethylene/C4-C8 α-olefin multi-block copolymer in order to obtain the desired Shore A value of the composition.
Regarding the melt index Krabbenborg discloses that the composition has a melt index of equal to or less than 75 g/10 min (col. 17, lines 10-15), and as Krabbenborg discloses the ethylene-based polymer is an ethylene/C4-C8 α-olefin copolymer having a melt index of 0.01 g/10 min to about 100 g/10 min (col. 12, lines 58-61), it would be obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to adjust the melt index of the multi-block copolymer of Krabbenborg in order to obtain the desired melt index of the composition.
With respect to claim 6, Chen teaches the article of claim 1. Chen discloses 40 wt % of ethylene-based polymer, 35 or 38 wt % of olefin block copolymer, and 25 wt % of the oil (Table 1), which are within the recited ranges. Chen is silent with respect to the top layer comprising the specified amounts of ethylene/C4- C8 α-olefin copolymer and an ethylene/C4-C8 α-olefin multi-block copolymer. Krabbenborg discloses a composition to be used for a top layer of artificial leather (abstr.), the composition comprising ethylene/α-olefin multi-block copolymer, wherein α-olefins include C4-C8 olefins (col. 4, lines 25-44, col. 5, lines 5-10), and an ethylene/ α-olefin copolymer, wherein α-olefins include C4-C8 α-olefin copolymer (col. 10, lines 33-58). It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to form the top layer of Chen including ethylene/ C4-C8 α-olefin copolymer and an ethylene/ C4-C8 α-olefin multi-block copolymer as they are known to be used in top layers of artificial leather. Regarding the top layer having a bally flex resistance value as recited in the claim, since the references teach the top layer of the article as recited in the claim, it would be obvious to one of ordinary skill in the art that the top layer according to the references would be capable to perform as intended.
Claim(s) 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Chen.
With respect to claim 9, Chen discloses an article of claim 1, (abstr., 0002), comprising a middle foam layer comprising an ethylene-based polymer (0073), and from 0 to 30 wt % of mineral oil based on the total weight of the middle top layer (0085, 0086). The percentage amount of the oil overlaps the recited range; overlapping ranges have been held to establish prima facie obviousness (MPEP 2144.05).
Regarding claim 14, Chen discloses the article of claim 9, wherein the middle foam layer comprises from 5 to 45 wt % of an ethylene/C4-C8 α-olefin multi-block copolymer (0026), from 30 to 55 wt % of an ethylene/C4-C8 α-olefin copolymer (0028), and from 10 to 45 wt % oil (0036). The percentage ranges overlap the ranges recited in claim 14; overlapping ranges have been held to establish prima facie obviousness (MPEP 2144.05). Regarding the middle foam layer having a bally flex resistance value as recited in the claim, since the references teach the top layer of the article as recited in the claim, it would be obvious to one of ordinary skill in the art that the top layer according to the references would be capable to perform as intended.
Claim(s) 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Chen, in view of Chen et al. (US 2015/0025165 A1) (“Chen 2”).
With respect to claim 10, Chen teaches the article of claim 9, but is silent with respect to the ethylene-based polymer as recited in the claim. Chen 2 discloses a foamable composition comprising an ethylene/α-olefin copolymer and ethylene/α-olefin multi-block copolymer (0008, 0025, 0028). It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to form the middle foam layer in the article of Chen as disclosed in Chen 2 as ethylene/α-olefin copolymers and ethylene/α-olefin multi-block copolymers are known components included in foam layers of artificial leathers.
Claim(s) 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Chen, in view of Chen 2 and Krabbenborg.
Regarding claim 11, Chen and Chen 2 teach the article of claim 10. Chen 2 discloses the ethylene-based polymer in the middle layer is an ethylene/C4-C8 α-olefin copolymer (0028), having a density from 0.850 g/c3 to 0.908 g/c3 (0028), a Shore A value of 40 -70 (0028). Chen 2 is silent regarding the melt index value as recited in the claim. Krabbenborg discloses an artificial leather composition wherein the ethylene-based polymer is an ethylene/C4-C8 α-olefin copolymer having a density of equal to or greater than 0.860 g/cm3 (col. 12, lines 29-32), melt index of 0.01 g/10 min to about 100 g/10 min (col. 12, lines 58-61). The ranges of density and melt index overlap the ranges recited in claim 11; overlapping ranges have been held to establish prima facie obviousness (MPEP 2144.05). It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to form the ethylene/C4-C8 α-olefin copolymer of Chen 2 having a melt index as disclosed in Krabberborg as such melt index values are known in the art of copolymers for artificial leathers.
As to claim 12, Chen and Chen 2 teach the article of claim 10. Chen 2 disloses the ethylene-based polymer in the middle foam layer is an ethylene/C4-C8 α-olefin multi-block copolymer having a density of from 0.850 g/c3 to 0.925 g/c3, melt index of from 0.1 g/10 min to 30 g/ 10 min, and a Shore A value from 40 to 75 (0025, 0026). The ranges of density, melt index and Shore A value overlap the ranges recited in claim 12; overlapping ranges have been held to establish prima facie obviousness (MPEP 2144.05).
Information Disclosure Statement
The prior art made of record and not relied upon is considered pertinent to Applicant’s disclosure.
Conclusion
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/Joanna Pleszczynska/
Primary Examiner, Art Unit 1783