DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Applicant’s election without traverse of Group I invention (claims 1-11) in the reply filed on 6/19/26 is acknowledged. Claims 12 and 13 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim.
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 6, 8 and 12 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 6 is indefinite as it lacks clarity due to the recitation “wherein the mercury porosity due to pores up to 1mm ranges from 0.2 to 0.9 cm3/g”.
Claim 8 depends on claim 1 and recites the limitation “wherein the amount of alpha-olefin (co)polymer is from 0.5 to 2.5 g per g of solid catalyst component”. Claim 8 is indefinite because claim 1 recites only an “ethylene (co)polymer”. Hence, it is unclear if alpha-olefin (co)polymer in claim 8 refers to the ethylene (co)polymer of claim 1 or to a different polymer.
Claim 11 recites the limitation “wherein the monodentate electron donor compound is present in an amount such that the (MD): Ti ratio ranges from 0.1:1 to 25:1”. The claim is indefinite because it is unclear if the recited ratio is on a molar basis or on a weight basis.
For the purpose of examination and applying art, in light of the specification (paragraphs -[0011], [0009]), Examiner interprets the limitation in claim 6 to mean “wherein the mercury porosity due to pores having radius up to 1mm” (per Spec. [0011]), claim 8 as depending on claim 4 (per Spec.-[0009]), and the ratio recited in claim 11 to be a weight ratio or a molar ratio (as Spec.-[0020] also does not specify the basis).
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.
Claims 1-11 are rejected under 35 U.S.C. 103 as being unpatentable over Govoni et al. (US 6,468,938 B1).
Regarding claims 1-7, 9, 10, Govoni teaches prepolymerized catalyst comprising a solid catalyst component, comprising Ti, Mg, halogen and an electron donor compound, which is prepolymerized with ethylene to such an extent that the amount of the ethylene prepolymer is up to 100 g per g of said solid catalyst component, preferably less than 15 g of ethylene polymer per g of solid catalyst component (overlaps with the claimed range) (Ab., col. 2, lines 1-18).
Disclosed genus of electron donor compounds include methyl benzoate, ethyl benzoate (i.e., monodentate electron donors), diisobutyl phthalate and 9,9-bis(methoxymethyl)fluorene and 1,3 diethers (i.e., bidentate electron donors), i.e., equivalence thereof (col. 2, line 40-col. 3, line 6).
Govoni teaches preparing a solid catalyst component by reacting a titanium compound, e.g., TiCl4 with a spherical adduct, e.g., MgCl2.pROH in spherical form, wherein p is 0,1 or 6 and R is a hydrocarbon with 1-18 carbons, dealcoholation and treatment with an electron donor, wherein the solid catalyst component has porosity (by mercury method) due to pores with radius up to 10,000Ao, ranging from 0.3 to 1.5 cm3/g (col. 3, line 26-col. 4, line 47).
Govoni prescribes a molar ratio of internal donor to MgCl2 ranging from 0.01 to 1, a molar ratio of Al/Ti ranging from 0.0001 to 50 (col. 4, lines 21-40), and a prepolymerization of ethylene, in the presence of an alkyl aluminum, in gas phase at a temperature lower than 80oC (col. 4, lines 46-49).
Disclosed Example 1 in Table 1 teaches a solid catalyst component formed by microspheroidal adduct and used for prepolymerization of ethylene at 20oC for a duration of 300 min. (Tables 1, 2).
Govoni is silent on a prepolymerized catalyst component having claimed molar ratio of Ti to bidentate electron donor (BE) and porosity, and comprising an ethylene (co)polymer having claimed intrinsic viscosity.
At the outset, it is noted that in the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists. In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976). See MPEP § 2144.05.
Given the teaching in Govoni on a solid catalyst component comprising Ti, Mg, halogen, and an electron donor compound, that methyl benzoate, ethyl benzoate and diisobutyl phthalate are equally suitable as electron donor compounds, and the teaching on prepolymerization conditions for polymerizing ethylene, it would have been obvious to one of ordinary skill in the art, as of the effective filing date of the claimed invention, to prepare a prepolymerized solid catalyst component comprising methyl benzoate, ethyl benzoate as an electron donor compound, for e.g., substituting diisobutyl phthalate with ethyl benzoate or methyl benzoate in Example 1, i.e. BE may be absent. A skilled artisan would have found it obvious to prepolymerize ethylene by gas phase polymerization at 20oC or at any temperature lower than 80oC, for e.g., for a duration of 300 min as taught in Table 2, and reasonably expect the prepolymerized solid catalyst component to have the claimed porosity and an ethylene polymer having claimed inherent viscosity (claims 1-3), and the bulk density of claim 8, on the basis that similar solid catalyst components and prepolymerization conditions in Table 1 of the instant disclosure that provide for the claimed features, absent evidence to the contrary. As a practical matter, the Patent Office is not equipped to manufacture products by the myriad of processes put before it and then obtain prior art products and make physical comparisons.
Regarding claim 8, incorporating the discussion on claim interpretation, the limitation in claim 8 does not necessarily limit the scope of claim 4 given the alternative recitation of the polymers in claim 4.
Regarding claim 11, as stated in paragraph 12 above, a prepolymerized solid catalyst component may comprise methyl benzoate, ethyl benzoate as an electron donor compound, by substituting diisobutyl phthalate with ethyl benzoate or methyl benzoate in Example 1. Such a substitution in Example 1 would result in Ti at 3% by wt. and MD at 9.6 wt.%. The calculated weight ratio of MD to Ti is 3.2 and falls within the claimed range.
Conclusion
Any inquiry concerning this communication or earlier communications from the
examiner should be directed to Satya Sastri at (571) 272 1112. The examiner can be reached Monday-Friday, 9AM-5.30PM (EST). If attempts to reach the examiner by telephone are unsuccessful, the examiner's supervisor, Mr. Robert Jones can be reached at (571)-270-7733. The fax phone number for the organization where this application or proceeding is assigned is (571) 273 8300.
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/Satya B Sastri/
Primary Examiner, Art Unit 1762
