CTNF 18/288,209 CTNF 66928 Notice of Pre-AIA or AIA Status 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. 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. 07-23-aia AIA The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows: 1. Determining the scope and contents of the prior art. 2. Ascertaining the differences between the prior art and the claims at issue. 3. Resolving the level of ordinary skill in the pertinent art. 4. Considering objective evidence present in the application indicating obviousness or nonobviousness. 07-21-aia AIA Claim s 1-19 are rejected under 35 U.S.C. 103 as being unpatentable over USPub 20210114335A1 in view of JP2019006043A. see abstract, claims . With regard to claim 1 , USPub 20210114335A1 discloses a method for recycling mixed thermoplastic materials comprising subjecting a resin composition including a first resin and a second resin having a different melting point to melt separation and filtration processing . See abstract, paragraphs [0008]-[00012], [0018], [0021]-[0022],[0037]-[0041]; Table 2. The reference also teaches separating polyethylene (LDPE and LLDPE) from PET by processing the mixed resin composition at a temperature above the melting point of the polyethylene resin and below the melting point of the PET resin such that the PET remains as retained material during filtration. See paragraphs [0008],[0038]-[0040], Table 2. Moreover, the reference discloses using a melt filter including a screen for retaining the higher melting material during filtration. See paragraph [0040], Table 2. USPub 20210114335A1 does not discloses that the opening size of the filter is a size that prevents resin B from passing and wherein the resin B is polyamide resin and further increasing the dispersed particle size of the resin B before the separation step. JP2019006043A discloses a melt filtration of mixed thermoplastic resin materials using filter screens having selected mesh sizes for separating higher melting foreign materials from molten thermoplastic resin. See abstract, page 2-4. . JP2019006043A further discloses using different mesh sizes including mesh sizes 16, 42 and 120 to control passage of materials through the filters. See page 3 lines 4-5, pages 4 lines 19-20 and page 5 lines 24-26. There reference also teaches that higher melting foreign materials resin remain by the filter while the molten thermoplastic resin passes through the filter. See page 2 lines 8-17, page 6 lines 20-25, and page 7 lines 10-13. The reference additionally shows kneading the molten resin after filtration using a second extruder. See abstract, page 4 lines 28-34, page 6 lines 27-31. This melting kneading results in a larger dispersed resin particles prior to filtration separation. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify USPub 20210114335A1 in view of JP2019006043A to improve separation of higher melting contaminant resins during filtration processing while improving the resin quality. With regard to claim 2 , it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to apply a resin pressure during filtration that prevents passage of the higher melting resin through the filter in order to improve separation efficiency. See JP2019006043A see pages 2-4, and page 6 lines 5, 20-25. With regard to claim 3 , it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to select a pressure difference within the claimed range as a matter of routine optimization of filtration processing conditions. See JP2019006043A pages 3-4. With regard to claim 4 , it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to select a melting point different within the claimed range in order to facilitate melt separation between different thermoplastic resins. See USPub 20210114335A1 paragraphs [0008]-[0012]. With regard to claim 5 , it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to knead the resin composition at a temperatures equal to or higher than the melting point of resin A and lower than the melting point of resin B in order to maintaining the higher melting resin as a dispersed phase during filtration processing. See USPub 20210114335A1 paragraphs [0008], [0038]-[0040] and Table 2. With regard to claim 6 , it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to knead the resin composition at a temperature equal to or higher than the crystallization temperature of resin B and lower than the melting point of resin B in order to improve dispersion and separation of the resin phases. See USPub 20210114335A1 paragraphs [0008], [0012] in view of JP2019006043A pages 2-4. With regard to claim 7 , it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to select the amounts of resin B within the claimed range as a matter of routine optimization of resin composition amounts. See USPub 20210114335A1 paragraphs [0015], [0048]-[0050] and Tables 3-4. With regard to claim 8 , it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to select the amount of resin A within the claimed range in order to provide recyclable resin compositions having suitable processing properties. See USPub 20210114335A1 paragraphs [0015], [0048]-[0050]. With regard to claim 9 , it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to add a thermoplastic resin having a melting point higher than that of resin A and perform melt kneading in order to improve melt processing of mixed resins. See USPub 20210114335A1 paragraphs [0018]-[0027] . With regard to claim 10 , it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to select the amount of resin C within the claimed range as a matter of routine optimization of resin composition ratios. See USPub 20210114335A1 paragraphs [0015], [0048]-[0050]. With regard to claim 11 , it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to utilize resin B and resin C having identical monomer composition in order to improve compatibility between resin materials. See USPub 20210114335A1 paragraphs [0011], [0016], [0019] and [0023]. With regard to claim 13 , it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to utilize a polyolefin resin as resin A because polyolefin resins are commonly used recyclable thermoplastic resins in melt filtration recycling systems. . See USPub 20210114335A1 paragraphs [0011], [0016], [0019] and [0023]. With regard to claim 14 , it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to utilize polyethylene resin or polypropylene resin as the polyolefin resin because they are commonly used recyclable thermoplastic resins in melt filtration recycling processes. See USPub 20210114335A1 paragraphs [0011], [0016], [0019] and [0023]. With regard to claim 15 , it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to use a filter opening that prevents the higher melting resin from passing through the filter in order to improve separation of higher melting contaminate resin from the molten resin. See USPub 20210114335A1 paragraphs [0008], [0038]- [0040] and Table 2. JP2019006043A abstract, pages 2-4, page 5 line s24-26 page 6 lines 2-25 and page 7 lines 10-23. With regard to claim 16 , it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to perform melt kneading at a temperature higher than the melting point of resin B prior to increasing dispersed particle size in order to improve mixing and processing of the resin composition. See JP2019006043A abstract, page 6 lines 2-31. With regard to claim 17 , it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to perform an additional melt kneading step at a lower temperature that the temperature of the dispersed particle size increasing step in order to improve dispersing and processing of the resin composition.. See JP2019006043A abstract and pages 6-7. With regard to claim 18 , it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to perform melt kneading at a temperature higher than the melting point of resin B before increasing the dispersed particle size of resin B in order to improve mixing and processing of the resin composition before filtration . JP2019006043A abstract, page 4 lines 28-34 and page 6 lines 27-31. With regard to claim 19 , it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to use a polyolefin resin as resin A and a polyamide resin as resin B in the filtration process because polyolefin resins are known recyclable thermoplastic resins and higher melting thermoplastic contaminate resins can be separated from molten lower melting resin by filtration. See USPub 20210114335A1 paragraphs [0005], [0008], [0011], [0016], [0038]- [0040] in view of JP2019006043A pages 2-4 and page 7 lines 10-13. In conclusion, in view of the above, there appears to be no significant difference between the reference(s) and that which is claimed by applicant(s). Any differences not specifically mentioned appear to be conventional. Consequently, the claimed invention cannot be deemed as unobvious and accordingly is unpatentable. Information Disclosure Statement Note that any future and/or present information disclosure statements must comply with 37 CFR § 1.98(b), which requires a list of the publications to include: the author (if any), title, relevant pages of the publication, date and place of publication to be submitted for consideration by the Office. Improper Claim Dependency Prior to allowance, any dependent claims should be rechecked for proper dependency if independent claims are cancelled. Correspondence Any inquiry concerning this communication or earlier communications from the examiner should be directed to TERRESSA M BOYKIN whose telephone number is (571)272-1069. The examiner can normally be reached M-F 7-5:30. 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, Heidi Kelley can be reached at 571 270-1831. 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. /Terressa Boykin/Primary Examiner, Art Unit 1765 Application/Control Number: 18/288,209 Page 2 Art Unit: 1765 Application/Control Number: 18/288,209 Page 3 Art Unit: 1765 Application/Control Number: 18/288,209 Page 4 Art Unit: 1765 Application/Control Number: 18/288,209 Page 5 Art Unit: 1765 Application/Control Number: 18/288,209 Page 6 Art Unit: 1765 Application/Control Number: 18/288,209 Page 7 Art Unit: 1765 Application/Control Number: 18/288,209 Page 8 Art Unit: 1765 Application/Control Number: 18/288,209 Page 9 Art Unit: 1765
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