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 Rejections - 35 USC § 102
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
3. Claim(s) 1-5 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Pajela (WO 99/54391, of record).
Pajela is directed to a styrenic polymer comprising a styrene monomer, a radical initiator, a chain transfer agent, and a blowing agent (Page 2, Line 30-Page 3, Line 11 and Page 8, Lines 29+). While Pajela is silent with respect to the claimed combination of properties, said properties appear to naturally flow from using the aforementioned materials and carrying out polymerization at first and second temperatures that differ from one another by at least 30°C (Paragraphs 8 and 9 of Applicant’s originally filed specification). In the case of Pajela, a polymerization process involves a first temperature between 70°C and 110°C and a second temperature between 70°C and 150°C (Page 6, Lines 18+). As such, it reasons that the styrenic polymer of Pajela would demonstrate a z average molecular weight, a molecular weight distribution, a melt strength, and a melt flow index in accordance to the claimed invention.
Response to Arguments
4. Applicant's arguments filed July 27, 2026 have been fully considered but they are not persuasive. It is initially noted that the rejection with the Admitted Prior Art has been removed in light of Applicant’s arguments.
As to the rejection with Pajela, Applicant contends that the Office Action does not explain why all four claimed properties would necessarily result from temperature difference alone, independent of other variables. Additionally, Applicant argues that the Office Action has not shown that Pajela necessarily employs first and second polymerization temperatures differing by at least 30°C in the relevant sense.
First, as best can be determined by the Examiner, the claimed properties are a direct result of preparing a styrenic polymer by subjecting a styrenic monomer, an optional comonomer, and an optional initiator to a plurality of temperature environments wherein the temperature difference between the first environment and the last environment is greater than about 30°C. This is the sole disclosure in Applicant’s original disclosure regarding how the claimed properties are obtained (Paragraph 8 in originally filed specification and Tables 1-4). There is absolutely no discussion regarding additional variables, such as the conversion levels and reactor conditions, affecting the claimed properties. It is emphasized that the Pajela is similarly directed to a styrenic polymer comprising a styrene monomer, a radical initiator, and a chain transfer agent, wherein a plurality of temperature environments having a difference of at least 30°C are used. Thus, it reasons that the claimed properties would in fact necessarily be present in Pajela. Second, a last or second temperature environment can be 150°C. This temperature is expressly disclosed by Pajela (constitutes an end point of the disclosed range). When such a last or second temperature is carried out, any first temperature between 70°C and 110°C would necessarily be at least 30°C less than the last or second temperature (difference would actually range between 40°C and 80°C). It is emphasized that there is no picking and choosing when using a last or second temperature of 150°C as is expressly suggested by Pajela (every possible first temperature would result in a temperature difference consistent with the claimed invention).
Conclusion
5. THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
6. Any inquiry concerning this communication or earlier communications from the examiner should be directed to JUSTIN R FISCHER whose telephone number is (571)272-1215. The examiner can normally be reached M-F 5:30-2:00.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Katelyn Smith can be reached at 571-270-5545. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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Justin Fischer
/JUSTIN R FISCHER/Primary Examiner, Art Unit 1749 August 4, 2026
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