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 § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claims 1-15 and 20-22 are rejected under 35 U.S.C. 103 as being unpatentable over Harashina (US Patent No. 7,638,565 B2).
Regarding claim 1, Harashina teaches a polyacetal resin composition further comprising stabilizers (Abstract). The stabilizers include a heteroatom-containing aliphatic carboxylic acid hydrazide (col. 5, lines 36-41), of which 1,3-bis(2-hydrazinocarbonylethyl)-5-isopropylhydantoin is preferred (col. 13, lines 36-53). Said compound is a substituted hydantoin, and therefore reads on the claimed list. Harashina further teaches the optional incorporation of an aliphatic carboxylic hydrazide (e.g., fatty acid hydrazides including sebacic acid dihydrazide and dodecanoic acid dihydrazide, col. 18, lines 36-42 and col. 21, lines 14-28). The heteroatom-containing aliphatic carboxylic acid hydrazide is included in amounts most preferably ranging from 0.05 to 2 parts by weight per 100 parts of the polyacetal resin (col. 13, lines 62-67), and the aliphatic carboxylic hydrazide is most preferably included in amounts ranging from 0.005 to 0.8 parts per 100 parts by weight of the polyacetal resin (col. 23, line 65 – col. 24, line 3). The ratio of these two components may therefore range from about 1:0.63 to about 1:400, which encompasses the claimed range of “from about 1:1.1 to about 1:8.5,” establishing a prima facie case of obviousness.
Regarding claim 2, as described above, the ratio of the claimed components within Harashina ranges from about 1:0.63 to about 1:400, which encompasses the claimed range, establishing a prima facie case of obviousness.
Regarding claim 3, as described above, Harashina teaches the use of 1,3-bis(2-hydrazinocarbonylethyl)-5-isopropylhydantoin, which contains two hydrazine carbonyl alkyl groups (two 2-hydrazinocarbonylethyl groups).
Regarding claim 4, as described above, Harashina teaches the use of 1,3-bis(2-hydrazinocarbonylethyl)-5-isopropylhydantoin, which is the same compound as claimed.
Regarding claim 5, as described above, Harashina specifically teaches the use of sebacic acid dihydrazide and dodecanedioic dihydrazide (col. 21, lines 19-23).
Regarding claim 6, as described above, the aliphatic carboxylic hydrazide is most preferably included in amounts ranging from 0.005 to 0.8 parts per 100 parts by weight of the polyacetal resin (col. 23, line 65 – col. 24, line 3). The only further required component within the composition is the heteroatom-containing aliphatic carboxylic acid hydrazide, which is incorporated in amounts most preferably ranging from about 0.05 to 2 parts by weight with respect to 100 parts of the polyacetal resin (col. 13, lines 62-67). The total composition may therefore contain between 100.055 and 102.8 total parts. The composition may therefore include between about 0.0049 and about 0.79 wt% of the aliphatic carboxylic hydrazide, which overlaps the claimed range of “less than about 0.15 wt%,” establishing a prima facie case of obviousness.
Regarding claims 7-9, Harashina is silent regarding the claimed characteristics. Nevertheless; Harashina teaches a composition which is structurally identical to the claimed composition, containing all of the claimed components in all of the claimed amounts. Products of identical chemical compositions cannot have mutually exclusive properties. Where the claimed and prior art products are identical or substantially identical in structure or composition, a prima facie case of anticipation has been established. See MPEP 2112.01. The claimed characteristics will therefore necessarily be present in Harashina, as applied above.
Regarding claim 10, Harashina further teaches the incorporation of a metal salt of an organic acid (col. 21, lines 29-39 and col. 22, lines 9-10), which reads on the claimed “acid scavenger comprising a metal salt of an organic acid.”
Regarding claim 11, Harashina teaches that the metal salts of organic acids may include aliphatic carboxylic acids which have less than 10 carbons (col. 21, lines 42-44), which encompasses and therefore anticipates the claimed range of “8 carbon atoms or less.”
Regarding claim 12, Harashina exemplifies the use of tricalcium citrate (col. 36, line 48).
Regarding claim 13, the metal salts of organic acids taught by Harashina are indicated as heat stabilizers, which are taught as being added in amounts most preferably ranging from 0.01 to 2 parts by weight per 100 parts of the polyacetal resin (col. 23, lines 53-58). The only other required component within the composition is the heteroatom-containing aliphatic carboxylic acid hydrazide, which is incorporated in amounts ranging from about 0.001 to 20 parts by weight with respect to 100 parts of the polyacetal resin (Abstract). The total composition may therefore contain between 100.011 and 122 combined parts of the polyacetal resin, heteroatom-containing aliphatic carboxylic acid hydrazide, and heat stabilizer. The heat stabilizer therefore comprises between about 0.008 and about 1.96 wt% of the heat stabilizer, which overlaps and therefore anticipates the claimed range of “less than about 0.5% by weight and greater than about 0.001% by weight.”
Regarding claim 14, Harashina is silent with regard to the claimed characteristic. Nevertheless; Harashina teaches a composition which is structurally identical to the claimed composition, containing all of the claimed components in all of the claimed amounts. Products of identical chemical compositions cannot have mutually exclusive properties. Where the claimed and prior art products are identical or substantially identical in structure or composition, a prima facie case of anticipation has been established. See MPEP 2112.01. The claimed characteristic will therefore necessarily be present in Harashina, as applied above.
Regarding claim 15, Harashina teaches that the heteroatom-containing aliphatic carboxylic acid hydrazide (which reads on the claimed “substituted hydantoin, as described above), is most preferably included in amounts ranging from 0.05 to 2 parts by weight with respect to 100 parts by weight of the polyacetal resin (Abstract). Further including the aliphatic carboxylic acid hydrazide, preferably included in amounts ranging from 0.005 to 0.8 parts per 100 parts by weight of the polyacetal resin (col. 23, line 65 – col. 24, line 3), this amount equates to a range of about 0.0496 to about 1.96 wt%, which encompasses the claimed range, establishing a prima facie case of obviousness.
Regarding claim 20, Harashina teaches the incorporation of a weather (light) resistant stabilizer (col. 25, lines 40-63).
Regarding claim 21, as described above, Harashina teaches a polyacetal resin composition further comprising stabilizers (Abstract). The stabilizers include a heteroatom-containing aliphatic carboxylic acid hydrazide (col. 5, lines 36-41), of which 1,3-bis(2-hydrazinocarbonylethyl)-5-isopropylhydantoin is preferred (col. 13, lines 36-53). Said compound is a substituted hydantoin and therefore reads on the claimed list. Harashina further teaches the optional incorporation of an aliphatic carboxylic hydrazide (e.g., fatty acid hydrazides including sebacic acid dihydrazide and dodecanoic acid dihydrazide, col. 18, lines 36-42 and col. 21, lines 14-28).
1,3-bis(2-hydrazinocarbonylethyl)-5-isopropylhydantoin contains two hydrazine carbonyl alkyl groups (two 2-hydrazinocarbonylethyl groups).
Finally, Harashina teaches the incorporation of a metal salt of an organic acid (col. 21, lines 29-39 and col. 22, lines 9-10), which reads on the claimed “acid scavenger comprising a metal salt of an organic acid.” Harashina teaches that the metal salts of organic acids may include aliphatic carboxylic acids which have less than 10 carbons (col. 21, lines 42-44), which encompasses the claimed range of “8 carbon atoms or less,” establishing a prima facie case of obviousness.
Regarding claim 22, as described above, Harashina teaches a polyacetal resin composition further comprising stabilizers (Abstract). The stabilizers include a heteroatom-containing aliphatic carboxylic acid hydrazide (col. 5, lines 36-41), of which 1,3-bis(2-hydrazinocarbonylethyl)-5-isopropylhydantoin is preferred (col. 13, lines 36-53). Said compound is a substituted hydantoin and therefore reads on the claimed list. Harashina further teaches the optional incorporation of an aliphatic carboxylic hydrazide (e.g., fatty acid hydrazides including sebacic acid dihydrazide and dodecanoic acid dihydrazide, col. 18, lines 36-42 and col. 21, lines 14-28).
Harashina is silent regarding the claimed characteristics. Nevertheless, Harashina teaches a composition which is structurally identical to the claimed composition, containing all the claimed components in all of the claimed amounts. Products of identical chemical compositions cannot have mutually exclusive properties. Where the claimed and prior art products are identical or substantially identical in structure or composition, a prima facie case of obviousness has been established. See MPEP 2112.01. The claimed characteristics will therefore necessarily be present in Harashina, as applied above.
Claims 16-19 are rejected under 35 U.S.C. 103 as being unpatentable over Harashina (US Patent No. 7,638,565 B2) in view of Kim (US 2018/0291136).
Regarding claims 16-19, Harashina teaches all the limitations of claim 1, as described above. Harashina teaches the incorporation of polyacetal resins and contemplates melt flow rates (col. 36, lines 10-11), and additionally teaches the incorporation of nucleating agents (col. 26, lines 51-52), phenolic antioxidants (col. 37, lines 4-5), processing stabilizers which read on lubricants (col. 37, lines 8-11), thermoplastic elastomers (col. 37-38, Claim 10), and fibers (col. 26, line 65), but is silent with regard to the particularly claimed melt flow rate and compositional amounts of said components.
In the same field of endeavor, Kim teaches a polyoxymethylene polymer composition containing a stabilizer package for reducing formaldehyde emissions (Abstract, wherein the stabilizer includes hydantoin compounds ([0031]).
Kim teaches that the polyoxymethylene (polyacetal) polymer may have a melt flow rate ranging from about 5 cm3/10 min to about 15 cm3/10 min ([0013]). Furthermore, Kim teaches nucleants, antioxidants, lubricants, thermoplastic elastomer impact modifiers, and reinforcing fibers in the exact same ranges as claimed ([0015]-[0017]). It is prima facie obvious to substitute equivalents known in the art as suitable for the same purpose (see MPEP 2144.06). Therefore, it would have been obvious to one having ordinary skill in the art to substitute the melt flow and compositional ranges of Kim into the formulation of Harashina, as Kim teaches them as suitable for polyoxymethylene (polyacetal) compositions having low formaldehyde emissions. In each case, the range(s) taught by Harashina are identical to the claimed range(s), establishing prima facie cases of obviousness.
Response to Arguments
Applicant’s arguments, see Applicant’s Remarks, filed June 22, 2026, with respect to 35 U.S.C. 102(a)(1) have been fully considered and are persuasive. The 35 U.S.C. 102(a)(1) rejection of claims 1-15 and 20-22 has been withdrawn.
Applicant's arguments regarding 35 U.S.C. 103 have been fully considered but they are not persuasive.
Applicant states that Harashina does not separately disclose the incorporation of both a hydantoin and a dihydrazide which are different compounds; however, as described above, Harashina does teach the incorporation of these two, and specifically separately points out the use of a hydantoin-containing dihydrazide and a fatty acid dihydrazide, the two of which read on the claimed combination.
Conclusion
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.
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/JOSHUA CALEB BLEDSOE/Examiner, Art Unit 1762
/ROBERT S JONES JR/Supervisory Patent Examiner, Art Unit 1762
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