DETAILED ACTION
This Office Action is responsive to the amendment filed on 8/31/2026.
The objections and rejections not addressed below are deemed withdrawn.
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office Action.
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.
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 8/31/2026 has been entered.
Claim Rejections - 35 USC § 112
Claims 43-46 are 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 43: Claim 43 depends from claim 40 and states that the conductivity is 40 fS/m or less wherein measured at 30 kV/mm according to DC conductivity method as described under “Determination Methods”. Where possible, claims are to be complete in themselves. Although a claim should be interpreted in light of the specification, it is generally considered improper to read limitations contained in the specification into the claims; see In re Prater, 415 F.2d 1393, 162 USPQ 541 (CCPA 1969); In re Winkhaus, 527 F.2d 637, 188 USPQ 129 (CCPA 1975). The scope of the claim is therefore unclear as the phrase “as described under Determination Methods” appears to require that the conductivity is measured via a specific process, but does not recite any steps delimiting how that process is performed.
Regarding claims 44-46: Claims 44-46 each recite the phrase “as described under Determination Methods” and are therefore indefinite per the same rationale as discussed above with respect to claim 43.
Response to Arguments
Applicant’s arguments, see page 9, filed 8/31/2026, with respect to claimed density of the block copolymer have been fully considered and are persuasive. The rejection over Nilsson et al, WO2011/113686, in view of Li Pi Shan et al, WO2011/163187, has therefore been withdrawn in view of the amendment to independent claim 40.
Allowable Subject Matter
Claims 40-42 and 47-53 are allowed.
The following is a statement of reasons for the indication of allowable subject matter: The following references are relevant to the patentability of the claimed invention.
Nilsson et al, WO2011/113686, discloses a polymer composition which is used in the production of insulating layers for power cables, wherein said composition comprises a polyolefin (a) and a second polyolefin (b) which is different from said polyolefin (a) (page 3: lines 15-29). The prior art polyolefin (b) is preferably a LDPE which may be a homopolymer (page 7: lines 24-27). The prior art polyolefin (a) is preferably a propylene-based resin which may be a propylene homopolymer, a random copolymer of propylene with one or more comonomers, or a heterophasic copolymer of propylene with one or more comonomers (page 7: lines 1-3). Nilsson does not teach the inclusion of 0.25 to 10 wt% of a compatibilizer which is an olefin block copolymer comprising the recited monomers and having a density in the range of 0.854 g/cm3 to 0.900 g/cm3.
Li Pi Shan et al, WO2011/163187, discloses a block composite comprising an ethylene/C2-30olefin block copolymer (¶9, 56), wherein said composite can be used as a compatibilizer (¶2) for blends of LDPE with propylene (co)polymers (¶9). Said block composite comprises 5 to 99 wt% of the block copolymer (¶69), and is preferably added to a composition in an amount in the range of 0.5 to 15 wt% (¶79). Based on the content of block copolymer in the composite, this corresponds to a final concentration of block copolymer in the compatibilized blend in the range of 0.025 to 14.85 wt%. Li Pi Shan is silent regarding the density of the block copolymer.
Neither Nilsson nor Li Pi Shan teaches the use of an olefin block copolymer comprising the recited monomers and having a density in the range of 0.854 g/cm3 to 0.900 g/cm3 as a component in blends of LDPE and propylene polymers. Furthermore, no reference has been found that would provide a motivation to modify the block copolymer in the compatibilizer of Li Pi Shan to have a density in the range of 0.854 g/cm3 to 0.900 g/cm3 as required by the instant claims. The claimed invention is therefore allowable.
Conclusion
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/JEFFREY S LENIHAN/Primary Examiner, Art Unit 1765
