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
This application is a 371 of PCT/CN2021/103386 06/30/2021.
Information Disclosure Statement
The information disclosure statement (IDS), filed on 01/05/24, 04/25/25, and 09/11/25 have been considered. Please refer to Applicant's copy of the 1449 submitted herewith.
Election/Restrictions
Applicant’s election without traverse of claims 9-19 and Radical I in the reply filed on 07/29/26 is acknowledged. It has been noted that Radical I is cancelled in claim 9. Only remaining is Radical II. Accordingly, the search extended to Radical II.
Claims 1-20 are pending, claims 1-8, 20 have been withdrawn, and claims 11-14 have been cancelled in an amendment filed on 07/29/26. Claims 9-10, 15-19 are examined in this Office action.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 10, 15 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.
In claim 10, the term Radical I is not defined to know the metes and bounds of the claim. Accordingly, claim 10 is indefinite.
In claim 15, the terms A1L1L2A2 and A1L1 are not defined to know the metes and bounds of the claim. Accordingly, claim 15 is indefinite.
Appropriate correction is required.
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 9-10, 15-19 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Yang (US 2014/0275462).
Claim 10 interpretation: Radical I in claim 10 is not defined, hence in this Office action radical for the peroxide is given plain meaning, and the prior arts dicumyl peroxide redical (para [0091]) is considered.
Regarding claims 9-10, 15, Yang discloses a composition comprising olefin based polymer such as polyethylene homopolymer, polyalphaolefin (PAO), or copolymer s (e.g., copolymers of ethylene and propylene, 1-butene, 1-penetene, 1-hexene, 1-heptene, 1-octene) comprises total unsaturation 0.79 to 1.59 per 1000C (para [0062], table 5), fall into claimed ≥ 0.20 per 1000C and at least one peroxide such as dicumyl peroxide, t-butyl peroxy-2-ethylhexanoate, OO-(t-butyl)-O-(2-ethylhexyl)peroxycarbonate, or t-butyl peroxy-3,5,5-trimethylhexylhexanoate (para [0090]-[0091]), meeting the requirement of claims 9, 15.
Regarding claim 16, Yang discloses polydispersity (Mw/Mn) = 4.99 (table 8), fall into claimed range of 1.8 to 5.0.
Regarding claim 17, Yang discloses olefin in amount of about 50 to about 100 wt% and peroxide in an amount of about 0.5 to 3 wt% (para [0069], [0093]; read on sum of both from 50 to 100 wt%).
Regarding claims 18-19, Yang discloses the same composition and the same peroxide as required in instant claims, the properties such as percent change in T90 and/or MH would inherently be same as instantly claimed. “Products of identical chemical composition cannot have mutually exclusive properties.” A chemical composition and its properties are inseparable. Therefore, if the prior art teaches the identical chemical structure, the properties applicant discloses and/or claims are necessarily present. See MPEP 2112.01(I) , In re Best, 562 F2d at 1255, 195 USPQ at 433, Titanium Metals Corp v Banner, 778 F2d 775, 227 USPQ 773 (Fed Cir 1985), In re Ludtke, 441 F2d 660, 169 USPQ 563 (CCPA 1971) and Northam Warren Corp v D F Newfield Co, 7 F Supp 773, 22 USPQ 313 (EDNY 1934).
Conclusion
References Akzo Nobel (WO 2019/105851), Dow Global (WO 2020/140061), Borealis (US 2021/163644), and Changzhou (CN 109206653) were cumulative in nature to the above rejection and thus not set forth.
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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