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 .
Election/Restrictions
Applicant’s election without traverse of Group I, in the reply filed on 09/19/2025 is acknowledged.
Claims 7-9, are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected.
Claim Interpretation
Intrinsic viscosity of PET, background:
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426
882
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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)(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.
Claim(s) 1-6, is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Yamamoto (US Pub No 2017/0267436).
With respect to claim 1, Yamamoto shows a stretch blow-molded article (paragraph 210) comprising: a first polyester (1); and a second polyester (3) having a structure different from a structure of the first polyester (layers determined by need, but disclosed as different structure and composition in each layer based on end user’s needs), wherein an intrinsic viscosity value of the first polyester is 0.60 to 0.74 dL/g, (paragraph 72, .5 - 2 dL/g) and the second polyester has a structure corresponding to terephthalic acid and a structure corresponding (very broad term) to bisphenol A (paragraph 39).
With respect to claim 2, Yamamoto shows wherein the first polyester comprises at least one selected from the group consisting of polyethylene terephthalate (disclosed paragraph 3) and polyethylene naphthalate.
With respect to claim 3, Yamamoto shows
3. The stretch blow-molded article according to claim 1, wherein a content of the second polyester is 0.005 to 1.00 mass% (.01-3% mass, disclosed in paragraph 25), relative to a total of the first polyester and the second polyester.
With respect to claim 4, Yamamoto shows wherein the first polyester is recycled polyester (paragraph 5).
With respect to claim 5, Yamamoto shows wherein the stretch blow-molded article is a toner bottle. (this limitation is interpreted as an intended use, and the reference is capable of holding toner, yet it is not disclosed) (see MPEP 2173.05(g) copied below)
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244
624
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With respect to claim 6, Yamamoto shows wherein the stretch blow-molded article comprises carbon black. (this limitation is interpreted as an intended use, and the reference is capable of holding carbon black, yet it is not disclosed) (see MPEP 2173.05(g) copied above)
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SHAWN M BRADEN whose telephone number is (571)272-8026. The examiner can normally be reached M-F 8am-5pm.
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/SHAWN M BRADEN/Primary Examiner, Art Unit 3736