CTNF 18/549,210 CTNF 85790 DETAILED ACTION Notice of Pre-AIA or AIA Status 07-03-aia AIA 15-10-aia The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA. 07-06 AIA 15-10-15 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 07-07-aia AIA 07-07 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 – 07-08-aia AIA (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. 07-12-aia AIA (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. 07-15 AIA Claim s 1, 4-6, 12 and 14-17 are rejected under 35 U.S.C. 102( a)(1 ) as being anticipated by WO 2020064752, as evidenced by Bernreitner (US 2012/0225993) . WO ‘752 exemplifies a composition comprising the following (Table 2, Ex 2): 60.77 wt% polypropylene 1 (PP homopolymer, MRI 47 g/10 min); 20 wt% glass fiber 1; 1.5 wt% adhesion promotor (polypropylene grafted with maleic anhydride, Exxelor PO1020; 15 wt% flame retardant 1 (10-15 wt% ammonium polyphosphate, 60-70 wt% melamine phosphate, 15-20 wt% phosphoric acid compound and 3-8 wt% zinc oxide); 2 wt% flame retardant 2 (bisphenol A bis(diphenyl phosphate); and 0.73 wt% additives. Flame retardant 1 is also described in the description as comprising 5-15 wt% ammonium polyphosphate, 50-80 wt% melamine phosphate, 10-25 wt% piperazine phosphate and 1-10 wt% zinc oxide (p. 11, ll. 18-22). The phosphoric acid compound in flame retardant 1 of WO ‘752 also contains piperazine phosphate, which is also a nitrogen-containing flame retardant. Therefore, the flame retardant 1 inherently includes about 92% nitrogen-containing flame retardant, suggesting a composition comprising 60.77 w% propylene polymer, 13.8 wt% nitrogen-containing flame retardant, 20 wt% glass fiber and 1.5 wt% adhesion promoter. WO ‘752 anticipates instant claims 1 and 12, 14 and 16-17. As to claim 4, the MFR of the composition is 17.19 g/10 min. As to claim 5, no fluoropolymer or halogen based flame retardants are present. As to claim 6, the flame retardant includes three nitrogen-containing phosphates. As to claim 15, Exxelor PO1020 has a MFR of 430 g/10 min, as evidenced by Bernreitner (p. 13, [0220]) . 07-15-03-aia AIA Claim s 1-6, 12-17 and 19 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Kurimoto (US 2023/0242746), based on a filing date of August 6, 2020, as evidenced by Sales-Fernandez (US 2022/0234308), Tamashiro (US 2023/0140068) and JP 5503071. For convenience, the machine translation of JP ‘071 will be cited below . Kurimoto exemplifies a molded object prepared from a composition comprising the following (Table 1-1, Example 4): 48.5 wt% (A-2) propylene homopolymer with an MFR=120; 1.5 wt% MPA (maleic anhydride modified polypropylene); 20 wt% FP2200S, which as evidenced by Sales-Fernandez includes 50-60 wt% piperazine pyrophosphate, 35-45 wt% phosphoric acid and 3-6 wt% zinc oxide (p. 5, [0093] and p. 9, [0175]), where the phosphoric acid is melamine pyrophosphate, as evidenced by Tamashiro (p. 7, [0074]); and 30 wt% glass fibers. This suggests a composition comprising 48.5 wt% propylene homopolymer, about 19 wt% nitrogen-containing flame retardants, 30 wt% glass fibers and 1.5 wt% adhesion promoter. Kurimoto anticipates instant claims 1-3, 12-14 and 16-17. As to claim 4, the MFR of the composition is 17.3 g/10 min. As to claim 5, no fluoropolymer or halogen based flame retardants are present. As to claim 6, the flame retardant includes two nitrogen-containing phosphates at a ratio of 60:40, as evidenced by JP ‘071. As to claim 15, Kurimoto discloses that the maleic anhydride modified polypropylene has a MFR of 170 g/10 min (p. 12, [0237]). As to claim 19, Kurimoto discloses that the glass fibers have an average length of 502 micron (Table 2-1, Example 4), which is the same as 0.502 mm . Claim Rejections - 35 USC § 103 07-20-aia AIA 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. 07-21-aia AIA Claim s 2-3, 7-8 and 18-19 are rejected under 35 U.S.C. 103 as being unpatentable over WO 2020064752, as applied above to claims 1, 4-6, 12 and 14-17 . WO ‘752 anticipates instant claims 1, 4-6, 12 and 14-17, as described above and applied herein as such, as WO ‘752 exemplifies a composition comprising 60.77 w% propylene homopolymer with a melt flow of 47 g/10min, 13.8 wt% nitrogen-containing flame retardant, 20 wt% glass fiber and 1.5 wt% adhesion promoter. As to claims 2-3 and 8, WO ‘752 teaches that the composition comprises a polypropylene-based polymer, and may comprise a propylene homopolymer or a propylene copolymer, where the copolymer comprises up to 30 wt% ethylene, where the homopolymer or copolymer has a MFR of at least 40 dg/min and at most 100 dg/min (p. 4, [ll. 6-10). Substituting the homopolymer in Ex. 2 with a copolymer having a high MFR or a homopolymer with a higher MFR is prima facie obvious and the amount of comonomer and MFR overlap with the claimed ranges, and it has been held that overlapping ranges are sufficient to establish prima facie obviousness. See MPEP 2144.05. Therefore, it would have been obvious to one of ordinary skill in the art at the time the invention was made to have selected from the overlapping portion of the range taught by the reference because overlapping ranges have been held to establish prima facie obviousness. WO ‘752 is prima facie obvious over instant claims 2-3 and 8. As to claim 7, WO ‘752 teaches that piperazine pyrophosphate and a functional equivalent to the piperazine phosphate used in the above examples (p. 10, ll. 24-26). Substituting the piperazine phosphate with piperazine pyrophosphate is prima facie obvious. As to claim 18, WO ‘752 does not teach the specifically claimed shrinkage in flow and cross flow; however, the compositions of WO ‘037 contain the claimed components in the claimed amounts, and applicants have not shown any features which are necessary or critical which are not taught in the prior art which are necessary to meet the claimed shrinkage. Therefore, one of ordinary skill in the art would expect the compositions to meet the claimed shrinkage. As to claim 19, WO ‘752 teaches that the glass fibers can include long or short glass fibers, where the short glass fibers have an average length of up to 1.0 mm after processing (p. 12, ll. 17-20) . 07-21-aia AIA Claim s 7-9 and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Kurimoto (US 2023/0242746), as applied above to claims 1-6, 12-17 and 19 . Kurimoto anticipates instant claims 1-6, 12-17 and 19, as described above and applied herein as such, as Kurimoto discloses a composition comprising 60.77 w% propylene homopolymer with a melt flow of 47 g/10min, 13.8 wt% nitrogen-containing flame retardant, 20 wt% glass fiber and 1.5 wt% adhesion promoter. As to claim 7, Kurimoto teaches that the melamine polyphosphate is a functional equivalent to melamine pyrophosphate (p. 6, [0106]). Substituting the melamine pyrophosphate with melamine polyphosphate is prima facie obvious. As to claim 8, Kurimoto teaches that the polypropylene-based polymer can include a homopolymer of propylene, a copolymer or polypropylene and another monomer, or a heterophasic propylene polymer (p. 2, [0032]-[0036]). Substituting the homopolymer with a copolymer or heterophasic polymer is prima facie obvious. Kurimoto teaches the copolymer as comprising a copolymer of propylene and ethylene or a copolymer of ethylene an olefin having 4 or more carbon atoms (p. 3, [0051]), where the ethylene or olefin is present in an amount of 2-15 wt% (p. 3, [0055]-[0056]). A propylene/ethylene copolymer comprising 2-15 wt% ethylene contains about 3-20 mol% ethylene. As to claim 9, Kurimoto teaches that the heterophasic propylene polymer as comprising a combination of (I) a propylene homopolymer and (II) propylene-ethylene copolymer, which is a known elastomer. As to claim 18, Kurimoto does not teach the specifically claimed shrinkage in flow and cross flow; however, the compositions of Kurimoto contain the claimed components in the claimed amounts, and applicants have not shown any features which are necessary or critical which are not taught in the prior art which are necessary to meet the claimed shrinkage. Therefore, one of ordinary skill in the art would expect the compositions to meet the claimed shrinkage . 07-21-aia AIA Claim s 1-3, 5-7, 9-11 and 13-18 are rejected under 35 U.S.C. 103 as being unpatentable over WO 2022/110037 . WO ‘037 teaches a glass-fiber reinforced composition with flame retardancy and low warpage, comprising the following: 60-80 wt% of a propylene composition comprising 50-75 wt% of a heterophasic propylene-ethylene copolymer (HECO) consisting of: A crystalline propylene homopolymer matrix (M); An elastomeric ethylene-propylene copolymer (EC); Wherein the HECO has a MFR of 70-150 g/10 min; 20-45 wt% of a flame-retardant; and 0.1-5 wt% of at least one additive; optionally 0.1-3 wt% of a polar-modified polypropylene, preferably a maleic anhydride-modified polypropylene, and 20-40 wt% glass fibers. This suggests a composition comprising 30-60 wt% HECO, 12-36 wt% flame retardant, and 20-40 wt% glass fibers. WO ‘037 teaches the flame retardant is preferably non-halogenated (p. 9, l. 26), and is most preferably selected from piperazine pyrophosphate, melamine polyphosphate, and mixtures thereof (p. 10, ll. 9-12). Choosing one or both of piperazine pyrophosphate and melamine polyphosphate is prima facie obvious. WO ‘037 is prima facie obvious over instant claims 1-3, 9, 14 and 17. As to claim 5, non-halogenated flame retardants are preferred and no fluoropolymers are required. As to claims 6-7, WO ‘037 exemplifies the inclusion of piperazine pyrophosphate and melamine polyphosphate in a weight ratio of 50:50 (p. 21, FR1). As to claim 10, WO ‘037 teaches that the HECO has a xylene cold solubles content of preferably 10-18 wt% (p. 4, ll. 33-35). As to claim 11, WO’ 037 teaches that the ethylene content of the cold soluble fraction is from 37-41 wt% and has an intrinsic viscosity of 1.5-3.0 dl/g (p. 5, ll. 1-9). As to claim 13, WO ‘037 teaches the HECO as having a MFR of 70-150 g/10 min, which overlaps with the claimed range of 105-600 g/10 min, and it has been held that overlapping ranges are sufficient to establish prima facie obviousness. See MPEP 2144.05. Therefore, it would have been obvious to one of ordinary skill in the art at the time the invention was made to have selected from the overlapping portion of the range taught by the reference because overlapping ranges have been held to establish prima facie obviousness. As to claim 15, WO ‘037 teaches the inclusion of a maleic anhydride modified polypropylene with a MFR of 30-150 g/10 min (p. 10, ll. 25-36). As to claim 16, the composition described above comprises a maximum of 4 wt% additives, suggesting the remaining components being present in 96 wt%. As to claim 18, WO ‘037 teaches that the HECO is believed to help reduce shrinkage and inhibit warpage of the final article. While WO ‘037 does not teach the specifically claimed shrinkage in flow and cross flow, the compositions of WO ‘037 contain the claimed components in the claimed amounts, and WO ‘037 teaches that the articles have low shrinkage. Applicants have not shown any features which are necessary or critical which are not taught in the prior art which are necessary to meet the claimed shrinkage; therefore, one of ordinary skill in the art would expect the compositions to meet the claimed shrinkage. 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. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Randy Gulakowski can be reached at (571)272-1302. 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If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /Brieann R Johnston/ Primary Examiner, Art Unit 1766 Application/Control Number: 18/549,210 Page 2 Art Unit: 1766 Application/Control Number: 18/549,210 Page 3 Art Unit: 1766 Application/Control Number: 18/549,210 Page 4 Art Unit: 1766 Application/Control Number: 18/549,210 Page 5 Art Unit: 1766 Application/Control Number: 18/549,210 Page 6 Art Unit: 1766 Application/Control Number: 18/549,210 Page 7 Art Unit: 1766 Application/Control Number: 18/549,210 Page 8 Art Unit: 1766 Application/Control Number: 18/549,210 Page 9 Art Unit: 1766 Application/Control Number: 18/549,210 Page 10 Art Unit: 1766