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 § 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.
Claim(s) 1, 3-9, and 11-21 is/are rejected under 35 U.S.C. 103 as being unpatentable over Layman et al (U.S. Patent Application Publication 2019/0390031). Regarding Claims 1, 4-5, 8, 11-13, and 20-21, Layman et al., hereafter "Layman," show that it is known to carry out a method for purifying a reclaimed polymer (Abstract) comprising obtaining a reclaimed polymer of post-consumer reclaimed (PCR) polymers and wherein the reclaimed polymer comprises alkyl phenols, PCB’s, or phthalates (Figure 1, step a; 0067), leaching the alkyl phenols, PCB’s, or phthalates from the reclaimed polymer (Figure 1, step b), extracting the leached polymer (0068-0074), dissolving the extracted polymer in a solvent to produce a first solution comprising a dissolved polymer, at least one dissolved contaminant, and at least one suspended contaminant (Figure 1, step c), settling the first solution to produce a second solution comprising a settled polymer (Figure 1, step d), filtering the second solution to produce a third solution (Figure 1, step e), filtering the third solution by adsorptive filtration to produce a fourth solution comprises a filtered polymer (Figure 1, step f), and separating the filtered polymer from the fourth solution to produce a purer polymer (Figure 1, step g). Layman does not specifically identify all of the claimed temperatures, pressures, times, and compositions. However, it would have been obvious to one of ordinary skill in the art to use any appropriate temperature, pressure, and end composition because where the general conditions of a claim are disclosed by the prior art, it is not inventive to discover the working or optimal ranges by routine experimentation (MPEP 2144.05 (II)(A)).
Regarding Claim 3, Layman shows the method of claim 1 above, including one wherein the number of leaching stages is 1 (Figure 1, step b).
Regarding Claims 6-7, Layman shows the method of claim 1 above, including one wherein the leaching solvent is acetone or CO2 (0068).
Regarding Claim 9, Layman shows the method of claim 1 above, including one wherein the reclaimed polymer is surface washed (0091). Layman does not specifically identify all of the claimed compositions or ratios. However, it would have been obvious to one of ordinary skill in the art to use any appropriate ratio and end composition because where the general conditions of a claim are disclosed by the prior art, it is not inventive to discover the working or optimal ranges by routine experimentation (MPEP 2144.05 (II)(A)).
Regarding Claim 14, Layman shows the method of claim 1 above, including one wherein the reclaimed polymer is a polypropylene homopolymer/copolymer (0065).
Regarding Claims 15, Layman shows the method of claim 1 above, including one wherein the reclaimed polymer is a polyethylene homopolymer/copolymer (0004).
Regarding Claims 16-19, Layman shows the method of claim 1 above, including one wherein the fluid solvent comprises n-butane (0068).
Allowable Subject Matter
Claims 2 and 10 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Claim 22 is allowed.
The following is an examiner’s statement of reasons for allowance: The prior art of record does not clearly show or suggest the claimed method for purifying a reclaimed polymer, especially one where the reclaimed polymer contaminants include 4-tertpentylphenol, bisphenol A, OCDD, PCB 118, or 2-ethylhexyl phthalate.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MONICA HUSON whose telephone number is (571)272-1198. The examiner can normally be reached M-F 8a-4p.
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MONICA ANNE HUSON
Primary Examiner
Art Unit 1742
/MONICA A HUSON/Primary Examiner, Art Unit 1742
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