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 .
Claim Objections
Claim 1 is objected to because of the following informalities: an –and-- is missing between the B and C recitations. Appropriate correction is required.
Claim 2 is objected to because of the following informalities: an –and-- is missing between the C and D recitations. Appropriate correction is required.
Claim 8 is objected to because of the following informalities: a comma is missing in the final line after ‘resistance’. Appropriate correction is required.
Claim 13 is objected to because of the following informalities: in i) “a polymer matrix A” should instead be –the polymer matrix A--; in ii) “at least one inorganic pigment B” should instead be –the at least one inorganic pigment B--; and in iii) “at least one organic dye C” should instead be –the at least one organic dye C--. Appropriate correction is required.
Claim Rejections - 35 USC § 112 (b)
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.
Claim 16 is 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.
Regarding claim 16, the recitation of ‘a process for producing’ is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being incomplete for omitting essential steps, such omission amounting to a gap between the steps. See MPEP § 2172.01. The omitted steps are: the/any process steps in the claimed process for producing a formed article.
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.
Claims 1-3, 5 and 8-19 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Li et al. (CN 102367316 A; using Clarivate Analytics machine translation for English language citations).
Regarding claims 1-2, Li teaches masterbatch compositions comprising 40-85% of carrier resin, 5-35% of an infrared reflecting paint, 0-15% of a coloring pigment, 2-15% of a dispersing agent, and 5-10% of an inhibitor (abstract; [0004])(instant one or more additional components). Li further teaches: the carrier resin is polypropylene or polyethylene ([0005]) or polyvinyl resin (claims)(instant polymer matrix A; instant thermoplastic); the infrared reflecting pigment includes C.I. Yellow 216 ([0006])(instant inorganic pigment B; instant mixed metal oxide or mixed metal oxosulfide B2); and the coloring pigment includes organic pigments selected from azo pigments, phthalocyanine pigments, polycyclic pigments, etc. ([0007]) (instant organic dye C; instant monoazo).
Regarding claim 3, Li teaches the masterbatch compositions as set forth in claim 1 above and as noted teaches the carrier resin includes polypropylene, polyethylene or polyvinyl resins (instant olefins).
Regarding claims 5 and 17-18, Li teaches the masterbatch compositions as set forth in claim 1 above and, as noted, teaches C.I. Yellow 216 (as stated in the instant original specification, pg18-19, Yellow 216 is instant rutile type Ti/Sn/Zn oxide). As claim 17 is further limiting to the non-positively recited optional alternative inorganic pigment B of B1, the claim is deemed met by the Li teaching of the selected optional alternative inorganic pigment B of B2.
Regarding claim 8, Li teaches the masterbatch compositions as set forth in claim 1 above and, as noted, teaches the inclusion of dispersing agents and anti-aging/inhibitors. Li further teaches the dispersants include wax, ethylene bis stearamide, zinc stearate, etc., that also provide lubricant and brightening agent characteristics ([0008]) and teaches the anti-aging/inhibitors include UV absorbers, antioxidants and light stabilizers ([0009]).
Regarding claims 9 and 19, Li teaches the masterbatch compositions as set forth in claim 1 above. Li does not specifically teach the transmittance Y as claimed ‘and/or’ the color values a* and b* in the matter tested. However, Li teaches the composition as claimed, comprising the claimed components present in the claimed amounts, and made via a substantially similar method. It is noted that a chemical composition and its properties are inseparable. Therefore, if the prior art teaches the identical chemical structure, the properties applicant discloses and/or claims are necessarily present (see In re Spada, 911 F.2d 705, 15 USPQ2d 1655, (Fed. Cir. 1990); see also In re Best, 562 F.2d 1252, 195 USPQ 430, (CCPA 1977). “Where 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.”; MPEP 2112.01)).
Regarding claim 10, Li teaches masterbatch compositions comprising 40-85% of carrier resin, 5-35% of an infrared reflecting paint, 0-15% of a coloring pigment, 2-15% of a dispersing agent, and 5-10% of an inhibitor (abstract; [0004]). Li teaches the carrier resin is polypropylene or polyethylene ([0005]) or polyvinyl resin (claims)(instant dispersing medium). Li further teaches the infrared reflecting pigment includes C.I. Yellow 216 ([0006])(instant mixed metal oxide or mixed metal oxosulfide B2). Li further teaches the coloring pigment includes organic pigments selected from azo pigments, phthalocyanine pigments, polycyclic pigments, etc. ([0007]) (instant organic dye C).
Regarding claim 11, Li teaches the compositions as set forth in claim 10 above and teaches the above noted amounts of the infrared reflecting paint (instant inorganic pigment B), the coloring pigment (instant organic dye C), the carrier resin (instant solid dispersing medium; instant thermoplastic), and the dispersing agent and inhibitor (instant one or more auxiliary additive).
Regarding claim 12, Li teaches the compositions as set forth in claim 10 above and teaches the above noted amounts of infrared reflecting paint (instant inorganic pigment B), the coloring pigment (instant organic dye C), the carrier resin, the dispersing agent (instant dispersing agent) and the inhibitor (instant one or more auxiliary additive). Li further teaches the carrier resin, as noted above, and teaches the mixing occurs at 160-200ºC in a double screw extruder ([0010]; claims)(temperature at which the carrier resin is molten, readable over ‘liquid’ dispersing medium).
Regarding claims 13-14, Li teaches the masterbatches as set forth in claim 1 above. Li further teaches preparing masterbatches comprising combining in a double screw extruder the carrier resin (instant polymer matrix A), the infrared reflecting paint (instant inorganic pigment B2), the coloring pigment (instant organic dye C), the dispersing agent, and the inhibitor/anti-aging agent ([0004]; [0010]; examples). Li further teaches the double screw extruder is operated at temperatures of 160-200ºC ([0010]; claims).
Regarding claims 15-16, Li teaches the compositions as set forth in claim 1 above and further teaches the compositions is pelletized after being extruded (claims; [0010]) (instant ‘article’; instant process of forming an article). Li further teaches plastic products prepared therefrom ([0013])(instant formed article).
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over Li et al. (CN 102367316 A; using Clarivate Analytics machine translation for English language citations) in view of Ayabe et al. (US PGPub 2016/0053086).
Li teaches the polyolefin masterbatch compositions as set forth in claim 1 above but does not specifically teach polyalkyl (meth)acrylate, polycarbonates, or styrene-acrylonitrile copolymers. However Ayabe teaches that it is known to combine olefin-based resin additive masterbatch compositions ([0001]; [0013]; [0015]), where the additives include UV absorbers, antioxidants and light stabilizers ([0031]), with resins ([0087]) including thermoplastic resins selected from copolymers of styrene, e.g. AS, ABS, MBS, etc., (meth)acrylate polymers, e.g. methyl(meth)acrylate, ethyl(meth)acrylate, etc., and linear or branched polycarbonates, etc. ([0088]). Ayabe and Li are analogous art and are combinable because they are both concerned with the same field of endeavor, namely olefin masterbatches comprising additives. At the time of filing a person having ordinary skill in the art would have found it obvious to combine the resins of Ayabe with the masterbatch composition of Li and would have been motivated to do so as Ayabe teaches olefin masterbatches comprising stabilizing additives, as well as pigments/dyes ([0031];[0093]-[0094];[0108]), are known to be incorporated into the noted thermoplastic resins to render them so-stabilized.
Claims 6-7 are rejected under 35 U.S.C. 103 as being unpatentable over Li et al. (CN 102367316 A; using Clarivate Analytics machine translation for English language citations) in view of Kim et al. (KR 20210047256 A; using Clarivate Analytics machine translation for English language citations).
Li teaches the masterbatch compositions as set forth in claim 1 above. Li teaches the organic pigment includes organic pigments selected from azo pigments, phthalocyanine pigments, polycyclic pigments, etc. ([0007]). Li does not specifically teach perninone dyes. However, Kim teaches similar polyolefin masterbatches comprising carrier resin, organic dye and inorganic pigment which are uniformly dispersed for excellent color expression (pg6, middle). Kim teaches suitable organic dyes include perinone-based, anthraquinone-based, azo-based, phthalocyanine based dyes, etc. (pg7, top) where perinone dyes are preferred and include C.I. Solvent Orange 60, C.I. Solvent Red 135, etc. (pg7, top). Kim and Li are analogous art and are combinable because they are concerned with the same field of endeavor, namely olefin masterbatch compositions comprising the combination of organic and inorganic pigments. At the time of filing a person having ordinary skill in the art would have found it obvious to select perinone-based dyes of Kim as the organic pigments of Li and would have been motivated to do so as Li teaches selecting from suitable pigments and further as Kim teaches that perinone-based dyes are preferred in the olefin masterbatches due to excellent laser adhesion, transmittance and color expression (pg6-7).
Additionally, it is noted that in view of the recognition by Kim that perinone-based dyes are equivalent and interchangeable pigments with the azo-, phthalocyanine- and polycyclic-based pigments, it would have been obvious to one of ordinary skill in the art to substitute the pigments of Li with the perinone-based dyes of Kim and thereby arrive at the present invention. Case law holds that the mere substitution of an equivalent (something equal in value or meaning, as taught by analogous prior art) is not an act of invention; where equivalency is known to the prior art, the substitution of one equivalent for another is not patentable (See In re Ruff 118 USPQ 343 (CCPA 1958; MPEP 2144.06).
Correspondence
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JANE L STANLEY whose telephone number is (571)270-3870. The examiner can normally be reached M-F 7:30 AM to 3:30 PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Mark Eashoo can be reached at 571-272-1197. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JANE L STANLEY/ Primary Examiner, Art Unit 1767
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