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 § 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.
Claim 10 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.
Clam 10 depends on claim 1 and recited MWD value >10, whereas independent claim 1 recites that MWD is equal or higher than 15.
Clarification of MWD range 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 1, 3-8, 11-12 and 14 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by den Doelder et al. (US 20160137822) as evidences by Delgadillo-Velazquez et al. (Thermorheological Properties of LLDPE/LDPE Blends: Effects of Production Technology of LLDPE, Journal of Polymer Science: Part B: Polymer Physics, Vol. 46, 1669–1683 (2008).
Den Doelder teaches a composition comprising 80% of LDPE and 80 % LLDPE1 (see Table 13, Example 32 at page 13).
LDPE is represented by Agility 1001, which has MWD equal to 15.6, density 0.9206 and MFR (I2) of 0.64 g/10 min (see Table 4 at page 9).
LLDPE 1 is represented by DOWLEX 2045G, which has MFR equal to 1.0 and density 0.920 g/cc density.
As evidenced by Delgadillo-Velazquez, DOWLEX 2045G is a commercial polymer, obtained using Ziegler Natta (Z-N) catalyst (i.e., having MWD within the range of 3.3-4.2) formed from ethylene and claimed amount of 1-octene (see page 1673, right column).
Regarding claims 11-12 and 14, den Doelder teaches a preparation of blown films (see 0148), where the composition is compounded by dry mixing following by melting the blend (see 0149).
Note that the presence of second ethylene alpha-olefin copolymer of claims 3 and 5 and additive of claim 7 are optional.
In claim 8 den Doelder’s DOWLEX 2045G can be considered as a second ethylene alpha-olefin copolymer.
Claim Rejections - 35 USC § 103
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.
Claims 2 and 9 are rejected under 35 U.S.C. 103 as being unpatentable over den Doelder et al. as applied to claims 1, 3-8, 11-12 and 14 above, and further in view of over in view of Delgadillo-Velazquez et al.
Den Doelder teaches Ziegler Natta based DOWLEX 2045G. Such polymer disclosed in instant Specification (see printed publication at 0064).
However, den Doelder et al. does not positively teach LLDPE with MWD of less or equal 3.5.
Delgadillo-Velazquez discloses a blend comprising 75% wt. of LDPE and 25% wt. of LLDPE (including DOWLEX 2045G, see Table 1 at page 1671).
Delgadillo-Velazquez discloses both Z-N type LLDPE with MWD around 3.5 and metallocene based LLDPE(mLLDPE) with MWD of less than 2 (see Table 1 at page 1671).
Delgadillo-Velazquez demonstrates that Z-N LLDPE/LDPE blends are miscible at low LDPE content in the compositions and become immiscible at higher LDPE ratios. In addition The m-LLDPE/LDPE (where m-LLDPE has extremely narrow MWD) has much better miscibility (see page 1681, left column).
Therefore, it would have been obvious to a person of ordinary skills in the art before the effective filing date of the invention to use Exact 3128 LLDPE in den Doelder’s composition in order to increase blend miscibility.
Regarding claims 2 and 9, Delgadillo-Velazquez teaches a commercial mLLDPE Exact 3128, having MFR of 1.3 g/10 min. and density of 0.900 g/cc (see Table 1 at page 1671).
Claim 10 is rejected under 35 U.S.C. 102(a) (1) as anticipated by or, in the alternative, under 35 U.S.C. 103 as obvious over den Doelder et al. as evidences by Delgadillo-Velazquez et al.
Den Doelder and Delgadillo-Velazquez do not teach physical properties cited in claim 10.
The position is taken that since den Doelder’s and Applicant’s compositions are identical, their physical properties are inherently equal.
Alternatively, it would have been obvious to a person of ordinary skills in the art before the effective filing date of the invention to expect the same properties from den Doelder’s and Applicant’s compositions since they have identical structures.
Claim 13 is rejected under 35 U.S.C. 103 as being unpatentable over Meuler et al. (US 20190060927) in view of den Doelder.
Meuler teaches a container having capacity of up to 10 liters (see 0018) formed from a composition comprising a blend of LDPE and LLDPE (see 0181-0182).
However, Meuler fails to teach a composition of claim 1.
Den Doelder teaches a composition comprising 80% of LDPE and 80 % LLDPE1 (see Table 13, Example 32 at page 13).
LDPE is represented by Agility 1001, which has MWD equal to 15.6, density 0.9206 and MFR (I2) of 0.64 g/10 min (see Table 4 at page 9).
LLDPE 1 is represented by DOWLEX 2045G, which has MFR equal to 1.0 and density 0.920 g/cc density.
Den Doelder discloses that the blend above has combination of good optical and mechanical properties (see 0154).
Therefore, it would have been obvious to a person of ordinary skills in the art before the effective filing date of the invention to use den Doelder’s polyethylene blend in Meuler’s containers, since it has a good combination of optical and mechanical properties.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to GREGORY LISTVOYB whose telephone number is (571)272-6105. The examiner can normally be reached 9am-5pm EST M-F.
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, Heidi Riviere Kelley can be reached at (571) 270-1831. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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GL
/GREGORY LISTVOYB/Primary Examiner, Art Unit 1765
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