DETAILED ACTION
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 .
Claim Objections
2. Claims 1-8 and 11 are objected to because of the following informalities:
As to Claim 1: The applicants are advised to replace “A filled polymer composition” with the new phrase “A filled polyolefin composition” to be consistent with “The filled polyolefin composition” recited in its dependent claims (see also paragraph [0026] of the specification for support). The applicants are also advised to delete the parenthesis surrounding the claimed phrase “230°C, 2.16kg”, and place space between “2.16” and “kg”.
As to Claim 2: The applicants are advised to add the term “the” before the claimed propylene copolymer.
As to Claims 3 and 4: The applicants are advised to add the term “the” before the claimed phrase “heterophasic polypropylene”.
As to Claim 5: The applicants are advised to add the term “the” before the claimed propylene polymer. The applicants are also advised to delete the parenthesis surrounding the claimed phrase “230°C, 2.16kg”, and place space between “2.16” and “kg”.
As to Claim 6: The applicants are advised to add the term “the” before the claimed propylene polymer” and place space between “2.16” and “kg”. The applicants are also advised to add the term “and” after the claimed phrase “ranging from 1 to 15 g/10 min”.
As to Claim 7: The applicants are advised to add the term “the” before the claimed “glass fibers”.
As to Claim 8: The applicants are advised to add the term “the” before the claimed
“compatibilizer”.
As to Claim 11: The applicants are advised to delete the parenthesis surrounding the claimed phrase “230°C, 2.16kg”, and place space between “2.16” and “kg”.
Appropriate corrections 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.
3. Claim 15 is 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.
As to Claim 15: Claims 1 and 14, on which claim 15 depends from, do not provide any proper antecedent basis for the phrase “the hood articles”, and thus, it is not clear what “the hood articles” are referring to (Emphasis added).
Accordingly, the scope of this claim is deemed indefinite.
Allowable Subject Matter
4. Claims 1-11 and 13-14 are allowable over the prior art made of record, namely EP 2 821 4341 (hereinafter referred to as “EP ‘434”).
5. Specifically, EP ‘434 teaches a polypropylene composition containing glass fiber fillers (corresponding to the claimed filled polymer composition), comprising: 30-60 % by weight of a soft polyolefin composition having an amount of fraction soluble in xylene at room temperature (25°C) being 40-70% by weight (which overlaps with the claimed fraction soluble amount of equal to or higher than 65% by weight), comprising: 10-50% by weight of a copolymer of propylene which contains from 1-8% by weight of comonomer content including hexene-1 unit (overlaps with the claimed 1-6% by weight of units deriving from hexene-1), 50-90% by weight of copolymer of propylene and ethylene or other CH2=CHR alpha-olefins, where R is a 2-8 carbon alkyl radical, or a combination thereof, optionally with minor amounts of a diene, wherein the ethylene is present in an amount of 50-80% by weight (which is outside the presently claimed 20-35% by weight of monomers units deriving from the alpha-olefin); 5-30 wt.% of glass fiber filler (encompassed by the claimed 5-35% by weight of glass fibers), and 0-5% by weight of a compatibilizer (Paragraphs [0008]-[0009] and [0038], and see also abstract).
While EP ‘434 discloses the addition of 10-40% by weight of a polypropylene component selected from propylene homopolymers and propylene copolymers containing up to 5% by moles of ethylene and/or C4-C10 alpha olefins (Paragraphs [0008] and [0009]), they do not specify its melt flow rate (MFR(b)) as required by the claims of the present application.
EP ‘’434 also does not specify its polypropylene as heterophasic as required by the claims. Lastly, it does not specifically mention the addition of the claimed amount of a propylene polymer having particular MFR (c) and tensile modulus and is selected from propylene homopolymers and propylene copolymers comprising up to and including 5% by weight of an alpha-olefin of formula CH2=CHR, wherein R is H or a linear or branched C2-C8 alkyl. Thus, EP ‘434 do not teach or would have suggested the claimed specific filled polymer composition.
Moreover, upon further search, co-pending U.S. Application No. 18/568,213 (hereinafter referred to as “US Appl. ‘213”; corresponding to US PG PUB 2024/0279450) was uncovered.
The claims of US Appl. ‘213 and the present application are directed to filled polymer compositions and article comprising the same and selected from vehicle interior trims, vehicle exterior trims, and under the hood articles. The claims of US Appl. ‘213 also recite that the filled polymer composition comprises 30-70% by weight of a heterophasic polypropylene (which overlaps with the presently claimed 20-50% by weight of a heterophasic polypropylene) comprising 10-40% by weight of a copolymer of propylene with hexene-1 comprising 1-6% by weight of units derived from hexene-1 and having a melt flow rate MFR(A), measured according to ISO 1133, 230 °C, 2.16 kg, ranging from 20-120 g/10 min (which overlaps with the presently claimed equal to or greater than 20 g/10 min); 60-90% by weight of a copolymer of propylene with an alpha-olefin of formula CH2=CHR, and optionally a diene, wherein R is H or a linear or branched C2-C8 alkyl comprising 20-35% By weight of monomer units deriving from the alpha-olefin, wherein the heterophasic polypropylene comprises an amount of fraction soluble in xylene at 25 °C ranging from 71-90% by weight (which is encompassed by the presently claimed amount of fraction soluble in xylene, i.e., equal to or higher than 65% by weight), 10-35% by weight of glass fibers, and 0-5% by weight of a compatibilizer.
The claims of US Appl. ‘213 further recite the addition of 75-90% by weight of a propylene homopolymer or a propylene copolymer (which is outside of both the claimed 10-25% by weight of a propylene polymer or 5-35% by weight of a propylene polymer), wherein the copolymer comprises up to or including 10% by weight of monomer units deriving from alpha-olefin of formula CH2=CHR, where R is H or linear or branched C2-C8 alkyl. Moreover, the claims of US Appl. ‘213 recite the addition of 10-25% By weight of a copolymer of a propylene with alpha-olefin of CH2=CHR, wherein R is H or a linear or branched C2-C8 alkyl, comprising 30-60% by weight of monomer units derived from the alpha-olefin (which is outside the claimed copolymers comprising up to and including 5% by weight of units deriving from alpha-olefin or copolymer). The claims of US Appl. ‘213 also do not specify the melt flow rates (MFR(b)) and (MFR(c)) and tensile modulus of the particular propylene copolymers as required by the claims of the present application. Therefore, the claims of US Appl. ‘213 alone or in combination with EP ‘434 do not teach or would have suggested the presently claimed specific filled polymer composition.
Accordingly, claims 1-11 and 13-14 are deemed allowable over the prior art reference of record.
Correspondence
6. Any inquiry concerning this communication or earlier communications from the examiner should be directed to HANNAH J PAK whose telephone number is (571)270-5456. The examiner can normally be reached 8-5 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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/HANNAH J PAK/Primary Examiner, Art Unit 1764
1 Cited in the IDS submitted by applicants on 05/31/2024.
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