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.
Priority
3. Acknowledgment is made of applicant’s claim for foreign priority under 35 U.S.C. 119 (a)-(d). The certified copy has been filed in parent Application JAPAN 2023-026461 02/22/2023 filed on 04/19/24.
Information Disclosure Statement
The information disclosure statement (IDS), filed on 02/01/24 has been considered. Please refer to Applicant's copy of the 1449 submitted herewith.
Election/Restrictions
Applicant’s election without traverse of claims 1-2, 5-6 and species pentaerythrityl-tetrakis(3-(3′,5′-di-tert. butyl-4-hydroxyphenyl)-propionate and ethylene in the reply filed on 07/30/26 is acknowledged.
Claims 1-12 are pending, claims 3-4, 7-12 are directed to non-elected invention. Accordingly, claims 3-4, 7-12 are withdrawn from further consideration by the examiner, 37 C.F.R. §1.142(b), as being drawn to a non-elected invention. Claims 1-2, 5-6 are examined in this Office action.
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 1-2, 6 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kniesel (US 2019/0315952).
Regarding claim 1, Kniesel discloses a method for producing heterophasic polymerization material comprising a first polymerization step forming a polymer (I) by polymerizing propylene in presence of a contact product and olefin polymerization catalyst obtained by bringing an aluminum compound into contact with an olefin polymerization-use solid catalyst component containing a titanium atom, a magnesium atom, a halogen atom, and an internal electron donor, and a second polymerization step of forming a polymer (II) by copolymerizing propylene with at least one kind selected from the group consisting of ethylene and C4-12 α-olefin in presence of the polymer (I), wherein the contact product is aluminum compound in contact with antioxidant such as pentaerythrityl-tetrakis(3-(3′,5′-di-tert. butyl-4-hydroxyphenyl)-propionate, (CAS-no. 6683-19-8, trade name Irganox 1010) supplied by BASF AG (para [0028]-[0032], [0151], [0188]-[0195], [0205]-[0240], [0333]-[0336], [0359]), meeting the requirement of claim 1.
Regarding claim 2, Kniesel discloses the contact product is present in a gas-phase polymerization step in the first polymerization step ([0105], [0157]).
Regarding claim 6, Kniesel discloses polymer (I) is 70 to 90 wt% (para [0144]), fall into claimed 40 to 90 wt% and polymer (II) is 30 to 10 wt% (para [0145]), fall into claimed 10 to 60 wt%.
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.
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.
Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Kniesel as applied to claim 1 above.
Kniesel includes the features of claim 1 above.
Regarding claim 5, Kniesel discloses heterophasic polymerization material comprises the polymer (I) containing 80-65 wt% of propylene derived structural unit and having intrinsic viscosity 2.0-3.2 dl/g (para [0100]-[0101]; 100wt%-(20-35 wt% comonomer)), overlapping at end point claimed 80 mass% or more and 2.0 dl/g or less; and polymer (II) of propylene with at least one kind selected from the group consisting of ethylene and C4-12 α-olefin have intrinsic viscosity 3.2-4.5 dl/g (para [0103]), fall into instant claim range of 1.5-8.0 dl/g.
The examiner takes note of the fact that the prior art range of 80-65 wt% and 2.0-3.2 dl/g overlaps the claimed range of 80 mass% or more and 2.0 dl/g or less at an end point. Absent any additional and more specific information in the prior art, a prima facie case of obviousness exists. In re Peterson, 315 F.3d 1325, 1330, 65 USPQ2d 1379 (Fed. Cir. 2003). MPEP 2144.05.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KUMAR R BHUSHAN whose telephone number is (313)446-4807. The examiner can normally be reached 9.00 AM to 5.50 PM (EST).
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, RANDY P GULAKOWSKI can be reached at (571)272-1302. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/KUMAR R BHUSHAN/Primary Examiner, Art Unit 1766
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