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 .
This Office action is in response to the amendment filed 8/24/2026. Claims 1-20 are currently pending in the application.
Election/Restrictions
Applicant’s election without traverse of group I, drawn to claims 1-13, in the reply filed on 8/24/2026 is acknowledged.
Claims 14-20 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 8/24/2026.
Claim Objections
Claims 6-7 and 12 are objected to because of the following informalities:
Claim 6 recites “represents … 3 -methyl- 1 -butanol, … 2- methyl- 1-cyclohexanol” (lines 2-3) and should read “represents … 3-methyl-1-butanol, …
2-methyl-1-cyclohexanol”.
Claim 7 recites “AlO ct3” (line 3) and should read “AlOct3”.
Claim 12 recites “titanium- based catalyst” (line 2) and should read
“titanium-based catalyst”
Appropriate correction and/or clarification to the typographical errors are required.
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 3, 5, 8 and 13 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.
Claim 3 recites the limitation "the solution phase" in lines 2-3. There is insufficient antecedent basis for this limitation in the claim.
Claim 5 recites MgClx/AlyRn(OR’)m wherein … m are independently 0,1, 3, 4, 5, or 6” (lines 2-3). It is not clear how “m” can be independently “0” when the adduct is MgCl2/alcohol adduct and requires the alcohol moiety.
A broad range or limitation together with a narrow range or limitation that falls within the broad range or limitation (in the same claim) may be considered indefinite if the resulting claim does not clearly set forth the metes and bounds of the patent protection desired. See MPEP § 2173.05(c). In the present instance, claim 8 recites the broad recitation “average diameter in a range from 1 nm to 900 nm”, and the claim also recites “more preferably from 15 nm to 120 nm” which is the narrower statement of the range/limitation. The claim(s) are considered indefinite because there is a question or doubt as to whether the feature introduced by such narrower language is (a) merely exemplary of the remainder of the claim, and therefore not required, or (b) a required feature of the claims.
A broad range or limitation together with a narrow range or limitation that falls within the broad range or limitation (in the same claim) may be considered indefinite if the resulting claim does not clearly set forth the metes and bounds of the patent protection desired. See MPEP § 2173.05(c). In the present instance, claim 13 recites the broad recitation “temperature in a range of 0 0C to 100 0C” … and pressure in a range from 1 atm to 20 atm”, and the claim also recites “preferably 0 0C to 60 0C” and “preferably from 1 atm to 4 atm”, respectively, which are the narrower statements of the range/limitation. The claim(s) are considered indefinite because there is a question or doubt as to whether the feature introduced by such narrower language is (a) merely exemplary of the remainder of the claim, and therefore not required, or (b) a required feature of the claims.
Claim Rejections - 35 USC § 102
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.
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 1-13 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Nishino et al (US 2013/0209805 A1).
Regarding claim 1, Nishino et al teach a method of preparing ethylene-based polymer particles (abstract) having ultrahigh molecular weight (paragraph 0012) which reads on UHMWPE in present claim 1. See example 1, wherein MgCl2, 2-ethylhexyl alcohol and 2-octyldodecyl alcohol were reacted to obtain component a-1 (paragraph 0295) which reads on the MgCl2/alcohol adduct in present claim 1. To a glass vessel is added component (a-1) and triisobutyl aluminum while maintaining temperature at 50 0C to synthesize fine particle component A-1 (paragraph 0296) which reads on the step of heating a mixture of MgCl2 adduct and aluminum alkyl compound at a first temperature for a time period sufficient to form a support in present claim 1. Ethylene was fed into the reaction liquid containing the component A-1 and the liquid phase and gas phase were saturated with ethylene and transition metal compound B-1 (i.e., reads on the catalyst in present claim 1) was added. The polymerization was performed for 30 minutes at 10 0C (paragraph 0297) which reads on mixing support with a catalyst solution, ethylene at a polymerization temperature and under a polymerization pressure for a time period sufficient to form the composition in present claim 1. It is possible to decrease the entanglement of polymer chains of the generated ethylene-based polymer (paragraph 0164) which reads on the composition comprises disentangled UHMWPE and the support in present claim 1.
Regarding claim 2, the metal halide and alcohol can be brought into contact in the hydrocarbon solvent in step I by normal stirring and mixing (paragraph 0081). see example 1, wherein MgCl2, 2-ethylhexyl alcohol and 2-octyldodecyl alcohol were loaded into a reactor with an agitator (paragraph 0295) which reads on mixing MgCl2 with alcohol to form the MgCl2/alcohol adduct prior to step (i) in present claim 2.
Regarding claim 3, Nishino et al teach that no particular limitation is placed on the amount of alcohol used to make the metal halide in a liquid state as long as the amount dissolves the metal halide (paragraph 0113). From the standpoints of solubility use of decane and toluene is preferred (paragraph 0116) which reads on first solvent in present claim 3. In step 2, the organoaluminum compound is added to the solution while mixing and stirring solution within a reactor (paragraph 0120) which reads on MgCl2/alcohol adduct and aluminum alkyl compound are dissolved in first solvent in present claim 3.
Regarding claim 4, see example 1, wherein 0.80 mol of MgCl2, 2.0 mol of 2-ethylhexyl alcohol and 0.4 mol of 2-octyldodecyl alcohol were reacted to obtain component a-1 (paragraph 0295). In step 1, contact is caused between a metal halide and an alcohol to form an alcohol complex of the metal halide (paragraph 0081) which reads on MgCl2/(OR’)m wherein m = 3 and each occurrence of OR’ represents an alcohol in present claim 4.
Regarding claim 5, in addition to 10d above, see example 1, wherein triisobutyl aluminum is added to component (a-1) (paragraph 0296) which reads on support in present claim having the formula MgClx/AlyRn(OR’)m wherein y = 1 and n = 3, and x = 2.
Regarding claim 6, see example 1, wherein 2-ethylhexyl alcohol (i.e., reads on the OR’ is 2-ethyl-1-hexanol in present claim 6) is used in the step of forming the component (a-1) (paragraph 0295).
Regarding claim 7, examples of organoaluminum compounds include triethyl aluminum (i.e., AlEt3), trioctyl aluminum (i.e., AlOct3) and diethylaluminum chloride (i.e., AlEt2Cl) (paragraph 0125).
Regarding claim 8, see example 1, wherein component A-1 has an average particle diameter of 40 nm (paragraph 0206) which reads on support is in the form of nanoparticles and its average diameter in present claim 8.
Regarding claim 9, ethylene was fed into the reaction liquid containing component A-1 and the liquid phase and gas phase were saturated with ethylene (paragraph 0297) which reads on ethylene is in gas phase or liquid phase in present claim 9.
Regarding claim 10, examples of monomers polymerized include ethylene, propylene, 1-butene, 1-pentene, and 1-hexene (paragraph 0262).
Regarding claim 11, examples of hydrocarbon solvents capable of use in the liquid phase polymerization include heptane (paragraph 0242) which reads on the second solvent in present claim 11. Examples of transition metal compound include component B-1 and comprises ZrCl2 moiety (paragraph 0298) which reads on catalyst comprises one or more halogens in present claim 11.
Regarding claim 12, transition metal compound is represented by formula II (paragraph 0019)
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wherein M is titanium (paragraph 0024), X1 and X2 are halogen atom (paragraph 0026) which reads on catalyst is a titanium-based catalyst comprising one or more halogens in present claim 12.
Regarding claim 13, see example 1, wherein polymerization is conducted at 100C (i.e., reads on polymerization temperature n present claim 13) for 30 minutes (paragraph 0297) which reads on polymerization time in present claim 13. The pressure of polymerization is normally atmospheric pressure to 5 MPa (paragraph 0248) which reads on pressure in present claim 13.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KARUNA P REDDY whose telephone number is (571)272-6566. The examiner can normally be reached 8:30 AM to 5:00 PM M-F.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Arrie (Lanee) Reuther can be reached at 571-270-7026. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/KARUNA P REDDY/Primary Examiner, Art Unit 1764
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