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 .
Double Patenting
Claims 1-17 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-16 of copending Application No. 18/482,696 (reference application). Although the claims at issue are not identical, they are not patentably distinct from each other because applications teach a method for producing a solid catalyst component for the polymerization of olefins comprising: reacting the following compounds to form reaction product (A): (1) an alkoxymagnesium compound; (2) one or more of an acyl halide, sulfinyl halide, or sulfonyl halide; and (3) one or more of an alkanol or an alkanediol; reacting the reaction product (A) with a halogen-containing titanium compound to obtain a solid catalyst component (C).
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
Claim Rejections - 35 USC § 103
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 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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 1-17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Spencer (U.S. Pub. No. 2009/0171044).
Regarding claim 1, Spencer teaches methods of making the olefin polymerization catalyst which meets a process for producing a solid catalyst component suitable for producing polyethylene and ethylene copolymers (paragraph 6). Spencer teaches an internal electron donor such as phthaloyl dichloride and magnesium catalyst support which meets the limitation of contacting an acyl halide compound with a magnesium compound to form a reaction product (paragraphs 48 and 55-58). Spencer teaches alcohols such as methanol, ethanol, isopropanol, isobutanol and tert-butanol which meets the limitation of contacting the reaction product of step (a) with and an alkanol to form reaction product (paragraph 53). Spencer teaches halogenated aliphatic epoxy compounds which meets the limitation of chlorinated epoxy compound (paragraph 26). Spencer teaches hexamethylphosphorotriamide which meets the limitation of and an organophosphorus compound to form reaction product (paragraph 36). Spencer teaches once the intermediate is formed, a halogenating agent is contacted with the intermediate to form the magnesium based catalyst support wherein the halogenating agents include titanium tetrahalide which meets the limitation of contacting the reaction product (B) with a titanium compound to form reaction product with a tetravalent titanium halide compound to form reaction product (paragraph 43). Spencer teaches an internal electron donor produced in-situ (paragraph 45).
Regarding claim 2, Spencer teaches dialkyl aluminum halides which meets the limitation of an alkyl aluminum halide compound to form a reaction product (paragraph 87). Spencer teaches an internal electron donor produced in-situ (paragraph 45).
Regarding claim 3, Spencer teaches wherein the alkyl aluminum halide compound is represented by the formula AlRX3-n, wherein R is a linear or branched C1 – C10 alkyl or aromatic, wherein X is independently a halogen, and wherein n is an integer meeting the condition of 1<n<3 (paragraph 87).
Regarding claims 4 and 5, Spencer teaches acid halides having 2 to about 15 carbon atoms such as acetyl chloride, benzoyl chloride, tolyl chloride, anisoyl chloride and phthaloyl dichloride which meets the limitation of acyl halide compound (paragraph 48).
Regarding claims 6 and 7, Spencer teaches magnesium compounds represented by formula (paragraph 24).
Regarding claim 8, Spencer teaches alcohols having 1 to about 18 carbon atoms which may have an alkyl group such as methanol, ethanol, propanol, pentanol, hexanol, octanol, 2-ethylhexanol, dodecanol, octadecyl alcohol, benzyl alcohol, phenylethyl alcohol, cumyl alcohol and isoplropylbenzyl alcohol; phenols having 6 to about 25 carbon atoms such as phenol, resol, xylenol, ethylphenol, propylphenol, cumylphenol, nonylphenol and naphthol which meets the limitation wherein the alkanol is represented by the formula ROH, wherein R is a linear or branched C1 - C20 alkyl or aromatic (paragraph 48).
Regarding claim 9, Spencer teaches glycols which meets a broad and reasonable interpretation of wherein the alkanol is an alkanediol represented by the formula R1(OH)2, wherein n is an integer in the range of 2 to 20, and wherein R is a linear or branched C1 - C20 alkyl or aromatic (paragraph 42).
Regarding claim 10, Spencer teaches hexamethylphosphorotriamide which meets the limitation of and an organophosphorus compound to form reaction product (paragraph 36).
Regarding claim 11, Spencer teaches titanium tetrahalide such as titanium tetrachloride (paragraph 43).
Regarding claims 12-17, Spencer teaches the solid catalyst component has the following chemical composition: titanium, from about 0.5 to about 6.0 wt %; magnesium, from about 10 to about 2.5 wt %; halogen, from about 40 to about 70 wt %; internal electron donor, from about 1 to about 25 wt %; and optionally inert diluent from about 0 to about 15 wt % (paragraph 74). Spencer teaches the atomic ratio of halogen/titanium is from about 4 to about 200; the internal electron donor/titanium mole ratio is from about 0.01 to about 10; and the magnesium/titanium atomic ratio is from about 1 to about 100 (paragraph 76). Spencer teaches in the solid titanium catalyst component, the atomic ratio of halogen/titanium is from about 5 to about 100; the internal electron donor/titanium mole ratio is from about 0.2 to about 6; and the magnesium/titanium atomic ratio is from about 2 to about 50 (paragraph 76). Spencer teaches one embodiment, from about 0.01 to about 5 moles of the internal electron donor and from about 0.01 to about 500 moles of the titanium compound are used per mole of the magnesium compound used to make the solid titanium catalyst component (paragraph 75). Spencer teaches from about 0.05 to about 2 moles of the internal electron donor and from about 0.05 to about 300 moles of the titanium compound are used per mole of the magnesium compound used to make the solid titanium catalyst component (paragraph 75).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
CN 121378540A teaches a catalyst component for olefin polymerization and preparation method, catalyst and application thereof; The first mode includes: (1) reacting the magnesium-containing compound, the aluminium-containing substance, the organic epoxy compound and the organophosphorus compound to obtain a magnesium-containing reaction solution; the substance containing aluminium is metal aluminium and/or aluminium trihalide; (2) reacting the magnesium-containing reaction solution with acyl halide compound; reacting with the first titanium-containing compound to obtain a catalyst component; optionally adding the first electron donor compound before and/or after reacting with the first titanium-containing compound to react; optionally further comprising (3): reacting the catalyst component of (2) with the second titanium-containing compound to obtain the catalyst component; Optionally, a second electron donor compound is added before and/or after the reaction with the second titanium-containing compound for the reaction.
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/GUINEVER S GREGORIO/Primary Examiner, Art Unit 1732 06/11/2026
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