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.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1, 5-6,11-12 and 14-18 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by CN 106009357; however, for convenience, the machine translation will be cited below.
CN ‘357 discloses a ASA resin composition comprising the following:
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where ASA rubber powder and SAN resin meet applicants’ acrylate-based rubber grafted copolymer and styrene-acrylonitrile copolymer of (A), respectfully; 0.1-2 phr metal chelating agent; 0.1-1 phr antioxidant; 0.1-1 phr lubricant, specifically listed to include paraffin, which meets applicants’ paraffin wax (B); 0.1-1 phr weathering agent, exemplified as a combination of UVP and 770 in a 1:1 weight ratio, where UV-P is known as 2-(2H-benzotriazole-2-yl)-p-cresol) and meets applicants’ (D), and 770 is known in the art as Tinuvin 770, or bis(2,2,6,6-tetramethylpiperidinyl) sebacate, with a molecular weight of 481 g/mol and meets applicants’ (C1); and carbon black, which meets applicants’ coloring agent or pigment, and meets applicants’ (E).
CN ‘357 anticipates instant claims 1, 6, 11-12 and 15.
As to claim 5, CN ‘357 exemplifies the 770 in an amount of 0.25 phr and the lubricant in an amount of 0.2, 0.5 and 1 part by weight, suggesting a weight ratio of lubricant to 770 of 0.8-4.
As to claim 14, CN ‘357 exemplifies the combination of UVP and 770 in a weight ratio of 1:1, or 1.
As to claim 16, the metal chelating agent and antioxidant meet applicants’ other additives (F).
As to claims 17-18, CN ‘357 exemplifies compounding the ingredients in a twin screw extruder and molded.
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 7-10 are rejected under 35 U.S.C. 103 as being unpatentable over CN 106009357, as applied above to claims 1, 5-6, 11-12 and 14-18, as described above and applied herein as such, and further in view of Kim (US 2021/0032455).
CN ‘357 discloses a composition comprising a combination of ASA, SAN, paraffin, Tinuvin 770, ultraviolet absorber, and carbon black.
CN ‘357 does not teach or suggest the claimed combination of applicants’ (C1) and (C2), as claimed in instant claims 7-10.
Kim teaches an ASA/SAN blend comprising a combination of 0.4-2 phr Tinuvin 770 and 0.4-2 phr Chimassorb 944, with a molecular weight of about 2000-3100 g/mol, which meets applicants’ formula (II), teaching that the combination of the two sterically hindered amines may generate much less volatile gas as well as maintain excellent weather resistance during manufacturing of a molded product, compared to the same composition comprising only one type of sterically hindered amine (p. 5, [0074]). Kim exemplifies a 1:1 ratio of Tinuvin 770 and Chimassorb 944.
Therefore, it would have been obvious to one of ordinary skill in the art at the time the invention was filed to have used a combination of Tinuvin 770 and Chimassorb 944, or applicants’ (C1) of formula (I) and (C2) of formula (II), as Kim teaches that the combination of such generates much less volatile gas and maintains excellent weather resistance.
CN ‘357 in view of Kim is prima facie obvious over instant claims 7-10.
Claims 2-4 and 19 are rejected under 35 U.S.C. 103 as being unpatentable over CN 106009357, as applied above to claims 1, 5-6, 11-12 and 14-18, as described above and applied herein as such, and further in view of CN 107513410, CA 134230 and Perez Gesteira (US 2013/0193614). For convenience, the machine translation of CN ‘410 will be cited below.
CN ‘357 discloses a composition comprising a combination of ASA, SAN, paraffin, Tinuvin 770, ultraviolet absorber, and carbon black.
CN ‘357 does not teach or suggest the makeup or properties of the paraffin wax, as claimed in instant claims 2-4 and 19.
CN ‘357 teaches that the composition comprises a lubricant, specifically listing lubricants to include silicone oil, white mineral oil, fatty acid amide, stearates, polyalkene wax and ethylene bis stearamide, among paraffin.
CN ‘410 teaches the following, as translated by Google:
[0004] Petroleum wax is a general term for various wax products obtained from waxy distillate oils after crude oil refining, including liquid paraffin, soap wax, paraffin wax, and microcrystalline wax. Paraffin wax is produced from lubricating oil fractions of crude oil through dewaxing, deoiling, refining, and molding processes. It generally contains C20~C50 n-alkanes, isoalkanes, and small amounts of cycloalkanes, and typically has a melting point of 50°C-74°C. Ordinary paraffin products have a relatively wide carbon number distribution.
CA ‘230 teaches that “Typical external lubricants used in the industry are synthetic hydrocarbon paraffin waxes having melting points of about 160°F (71°C). To a lesser extent, low molecular weight mineral oils having low viscosities have been employed as external lubricants in conjunction with paraffin waxes.”
Perez Gesteira teaches thermoplastic polymers for molded articles, teaching lubricants to include fatty acids, fatty acid metal salts and fatty acid amides, as well as paraffin, where a paraffin lubricant has a mean number od carbon atoms of 8-100, preferably 12-80 and advantageously between 15-50 (p. 3, [0042]).
Therefore, it would have been obvious to one of ordinary skill it the art at the time the invention was filed to have used a paraffin with saturated hydrocarbons having a carbon number of 20-50 and a melting point of about 70°C, as paraffin is well-known in the art as possessing these properties, particularly for external lubricants in thermoplastic polymer compositions, as is require by CN ‘357.
CN ‘357 in view of CN ‘410, CA ‘230 and/or Perez Gesteira is prima facie obvious over instant claims 2-4 and 19.
Claim 13 is rejected under 35 U.S.C. 103 as being unpatentable over CN 106009357, as applied above to claims 1, 5-6, 11-12 and 14-18, as described above and applied herein as such, and further in view of CN 109627621. For convenience, the machine translation of CN ‘621 will be cited below.
CN ‘357 discloses a composition comprising a combination of ASA, SAN, paraffin, Tinuvin 770, ultraviolet absorber, and carbon black.
CN ‘357 exemplifies the inclusion of UV-P as a weathering agent with the hindered amines, and is known as 2-(2H-benzotriazole-2-yl)-p-cresol); however, does not teach other suitable weathering agents or other benzotriazole UV agents, as required by instant claim 13.
CN ‘621 teaches ASA compositions comprising anti-UV agents, and carbon black, teaching UV-329 (2-(2’-hydroxy-5’-tert-octylphenyl)benzotriazole) and UV-360 2,2’-methylenebis[6-(benzotriazol-2-yl)-4-tert-octylphenol]) as functionally equivalent anti-UV agents to UV-P.
Therefore, it would have been obvious to one of ordinary skill in the art at the time the invention was filed to have used 2-(2’-hydroxy-5’-tert-octylphenyl)benzotriazole or 2,2’-methylenebis[6-(benzotriazol-2-yl)-4-tert-octylphenol] in place of UV-P of CN ‘357, as CN ‘357 does not limit the weathering agent to UV-P and CN ‘621 teaches that UV-329 and UV-360 are functionally equivalent anti-UV agents for use in ASA compositions.
CN ‘621 in view of CN ‘621 is prima facie obvious over instant claim 13.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRIEANN R JOHNSTON whose telephone number is (571)270-7344. The examiner can normally be reached Monday-Friday, 8:00 AM - 4:00 PM EST.
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/Brieann R Johnston/Primary Examiner, Art Unit 1766
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