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 .
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.
Election/Restrictions
Applicant’s election without traverse of Group I, claims 1 – 14, in the reply filed on 9/16/26 is acknowledged.
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) 1 – 14 are rejected under 35 U.S.C. 103 as being unpatentable over WO 2020237157 to Fantatho et al., hereinafter “Fantatho”.
Fantatho is directed to polymer compositions with flame retardant properties and comprising a blend of kaolin, alkaline earth carbonate and magnesium hydroxide [0002].
Regarding claims 1 – 2 and 10, Fantatho teaches a composition at Embodiment 1, [0149] comprising kaolin, an alkaline earth carbonate, magnesium hydroxide (flame retardant) and a polymer where the mineral blend is present at a weight percentage of 20 – 80 wt. % and the polymer is present in a range of 20 – 80 wt. %. The alkaline earth carbonate can comprise calcium carbonate, magnesium carbonate, dolomite, huntite and magnesite [0153]. The types of kaolin that are used can include calcined or hydrous kaolin (metakaolin) [0086, 0190, 0234] Table 1. Standard specimen thickness for the UL 94 flammability test is 1.5 mm (0.059 in.) and 3 mm (0.118 in.). Both of these values lie within the claimed thickness of 1/8 in. (0.125 in) and 1/128 in. (0.0078 in.). Compositions of Fantatho achieve a V-0 rating with UL 94 (Claim 24, Abstract, [0030, 0131 or 0173]. See the evidentiary reference to UL 94 specimen thickness.
Therefore, it would have been obvious to one of ordinary skill to combine the claimed materials of Embodiment 1 to produce the result of a V-0 rating when tested by UL 94 and a calcine kaolin (metakaolin) use level of 20% as this is directly taught by Fantatho.
As to claim 4, the shape factor of calcined kaolin is 10:1 to 15:1. This is within the claimed range. See the evidentiary reference to Shape Factor of Calcined Kaolin.
Regarding claim 5, the soluble alumina in metakaolin (calcined kaolin) ranges form 15 – over 35 %. See the evidentiary reference to Soluble Alumina. Therefore, it would be obvious that the skilled artisan that the alumina level would vary in a predictable range at or close to this level.
As to claim 6, Fantatho teaches that nylon (polyamide) can be used a thermoplastic polymer [0100].
Regarding claim 7, the mineral blend (kaolin, an alkaline earth carbonate) can be considered intumescent, as they swell as a result of heat exposure this increasing in volume and decreasing in density [0131].
As to claim 8, Tantatho teaches that organic phosphinates such as dimethyl methylphosphonate (DMMP) may be used [0113].
Regarding claim 9, the flame retardant (magnesium hydroxide) can comprise 10 – 50% [0088]. It would have been obvious to one of ordinary skill to adjust the flame retardant level to achieve the properties required.
As to claim 11, Embodiment 1 of Tantatho comprises calcined kaolin (metakaolin). As such it should possess all of the properties that a flame retardant polymer composition comprising this material should posses including improved corrosion resistance.
Regarding claims 12 and 14, Tantatho teaches that reinforcing materials such as silica, talc and mica may be added at up to 10 wt. % each [0127].
As to claim 13, Fantatho teaches a composition at Embodiment 1, [0149] comprising kaolin, an alkaline earth carbonate, magnesium hydroxide (flame retardant) and a polymer where the mineral blend is present at a weight percentage of 20 – 80 wt. % and the polymer is present in a range of 20 – 80 wt. %. From this statement one of ordinary skill could envision a composition where the calcined kaolin (metakaolin) is 25 %, the reinforcing additive mica is 5% the alkaline earth carbonate (calcium carbonate) is 30%, the magnesium hydroxide (flame retardant) is 20% and the polymer is 20 %. The fillers (mineral blend) is 80 wt. % and the polymer is 20 wt. %. The calcined kaolin (metakaolin) and the mica is 30 wt. % (25 + 5 = 30%). This is within the claimed range.
Allowable Subject Matter
Claim 3 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
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PAS 9/29/26
/PETER A SALAMON/Primary Examiner, Art Unit 1759
