Notice of Pre-AIA or AIA Status
1. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Election/Restrictions
2. Applicant’s election without traverse of Group 1, claims 1-13 in the reply filed on 3/25/2026 is acknowledged. Claims 14-23 are withdrawn.
Information Disclosure Statement
3. The information disclosure statement (IDS) submitted on 10/19/2023 was filed timely. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Claim Rejections - 35 USC § 112
4. 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.
5. Claim 11 is rejected under 35 U.S.C. 112(b) as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor regards as the invention. The range greater than or less than 55% covers all ranges and therefore is indefinite. Correction of the range is required, which must be supported by the specification.
Claim Rejections - 35 USC § 102
6. 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.
7. 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.
(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.
8. Claims 1-13 are rejected under 35 U.S.C. 102(a)(1) and rejected under 35 U.S.C. 102(a)(2) as being anticipated by (CN 101291993 A) to Ishiduka et al. (hereinafter Ishiduka).
Ishiduka is directed to thermoplastic polymer blends. Ishiduka disclose the following:
Furthermore, the resin composition of the present embodiment preferably contains the amorphous resin. Thereby it can increase mechanical properties. an amorphous resin refers to those of its molecular chain are arranged according to the normal rule and the crystal portion of the structure has a certain higher periodicity ratio less than the crystalline resin, with application of the resin, for example, ABS resin, AS resin, ASA resin, polyvinyl chloride, polystyrene, polycarbonate, polymethylmethacrylate, modified polyphenylene ether, polysulfone, polyether sulfone, polyacrylate, etc. the content of the amorphous resin with respect to the total weight of the resin composition, preferably 30 wt % or more and 70 wt % or less. This is because, as long as within the range, not only can the holding various characteristics of the polyamide from the plant, but also can improve mechanical characteristics. in the resin composition of the embodiment, in order to improve rigidity and heat resistance by promoting crystallization of the polyamide, preferably fit into the nucleating crystal nucleating agent. in nucleating comprises nucleating agent and an inorganic nucleating agent as the organic nucleating agent, can be listed such as, benzoic acid metal salt, organic phosphate ester metal salt such as inorganic nucleating agent,
Ishiduka discloses the following:
Furthermore, the resin composition of this embodiment with the embodiment 8 preferably also contains non-crystalline resin. Thereby it can increase mechanical properties. the total weight content of the amorphous resin, with respect to the resin composition, preferably 10 wt % or more and 70 wt % or less. This is because, as long as within this range, not only can keep the polyamide from plant of 11 of various characteristics, but also to improve the mechanical properties.
in the resin composition of the embodiment, in order to improve rigidity and heat resistance by promoting crystallization of the polyamide 11, preferably with a nucleating agent. nucleating agent comprises organic nucleating agent and an inorganic nucleating agent as the organic nucleating agent, can be listed, e.g., benzoic acid metal salt.
Ishiduka discloses in the excerpt above that a polyamide with 30% to 70% of a polysulfone combined with a nucleating agent of a benzoic acid metal salt improves polymer properties, which reads on claims 1-13.
Claim Rejections - 35 USC § 103
9. 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.
10. 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.
11. Claims 1-13 are rejected under 35 U.S.C. 103 as being unpatentable over (CN 101291993 A) to Ishiduka et al. (hereinafter Ishiduka).
Ishiduka is directed to thermoplastic polymer blends. Ishiduka discloses the following:
Furthermore, the resin composition of the present embodiment preferably contains the amorphous resin. Thereby it can increase mechanical properties. an amorphous resin refers to those of its molecular chain are arranged according to the normal rule and the crystal portion of the structure has a certain higher periodicity ratio less than the crystalline resin, with application of the resin, for example, ABS resin, AS resin, ASA resin, polyvinyl chloride, polystyrene, polycarbonate, polymethylmethacrylate, modified polyphenylene ether, polysulfone, polyether sulfone, polyacrylate, etc. the content of the amorphous resin with respect to the total weight of the resin composition, preferably 30 wt % or more and 70 wt % or less. This is because, as long as within the range, not only can the holding various characteristics of the polyamide from the plant, but also can improve mechanical characteristics. in the resin composition of the embodiment, in order to improve rigidity and heat resistance by promoting crystallization of the polyamide, preferably fit into the nucleating crystal nucleating agent. in nucleating comprises nucleating agent and an inorganic nucleating agent as the organic nucleating agent, can be listed such as, benzoic acid metal salt, organic phosphate ester metal salt such as inorganic nucleating agent,
Ishiduka discloses in the excerpt above that a polyamide with 30% to 70% of a polysulfone combined with a nucleating agent of a benzoic acid metal salt improves polymer properties.
Ishiduka discloses the following:
Furthermore, the resin composition of this embodiment with the embodiment 8 preferably also contains non-crystalline resin. Thereby it can increase mechanical properties. the total weight content of the amorphous resin, with respect to the resin composition, preferably 10 wt % or more and 70 wt % or less. This is because, as long as within this range, not only can keep the polyamide from plant of 11 of various characteristics, but also to improve the mechanical properties.
in the resin composition of the embodiment, in order to improve rigidity and heat resistance by promoting crystallization of the polyamide 11, preferably with a nucleating agent. nucleating agent comprises organic nucleating agent and an inorganic nucleating agent as the organic nucleating agent, can be listed, e.g., benzoic acid metal salt.
It would be obvious to one skilled in the art at the time of the filing of the disclosure of Ishiduka to select each and every element to form a prime facie case of obviousness for claims 1-13.
Conclusion
12. Any inquiry concerning this communication or earlier communications from the examiner should be directed to JEFFREY D WASHVILLE whose telephone number is (571)270-3262. The examiner can normally be reached M-F 9-5.
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14. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Randy 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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/JEFFREY D WASHVILLE/Primary Examiner, Art Unit 1766
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