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 .
Election/Restrictions
1. Applicant’s election without traverse of Group I, claims 1-7 and 10 in the reply filed on 12/22/25 is acknowledged. Claims 7-8 withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected method, there being no allowable generic or linking claim.
Claim Objections
2. Claim 4 is objected to because of the following informalities: Claim 4 recites the limitation of “is material recycled polystyrene”. It appears that Applicants intend to limit the polystyrene to comprising/consisting of recycled polystyrene material. Appropriate correction is required.
Claim Rejections - 35 USC § 102
3. 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.
4. Claim(s) 1,3,6, 7 and 10 is/are rejected under 35 U.S.C. 102 (a)(1) as being anticipated by JP 2012007079 A issued to UNITIKA LTD.
With regards to claims 1, 6, 7 and 10, the published JP document issued to UNITIKA teach composition comprising polystyrene resin, a filler that includes zeolite, inorganic nucleating agents that can include mica and kaolin and a wax such a mineral, animal or plant wax (see machine translation-description of embodiments). According to Applicant’s specification kaolin and mica are examples of inorganic double layered hydroxides. With regard to claim 3, UNITIKA further teach that the filler can include hydrotalcite compounds (see machine translation-description of embodiments). Said composition can be used in stretch blow molding processes to form molded containers such as bottles that hold fluids (see machine translation-description of embodiments). With specific regard to the limitations pertaining to “toner bottle”, UNITIKA LTD does not specifically teach a “toner bottle”, however, absent any further distinguishing limitations the Examiner is of the position that the disclosed fluid liquid storage containers/bottles are capable of storing/containing toner. In other words, the Examiner is of the position that absent evidence to the contrary the fluid storage containers/bottles of UNITIKA LTD are capable of specifically holding toner fluid.
Claim Rejections - 35 USC § 103
5. 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.
6. Claim(s) 4-5 is/are rejected under 35 U.S.C. 103 as being unpatentable over JP 2012007079 A issued to UNITIKA LTD as applied to claim 1 above and further in view of US 20130280468 A1 issued to GOMIBUCHI et al.
UNITIKA LTD does not teach using a recycled and/or an impact resistant polystyrene.
The published patent application issued to GOMIBUCHI et al., teach a polystyrene resin composition used in blow molding processes (title and abstract). GOMIBUCHI et al., teach a polystyrene resin composition comprising an impact resistant polystyrene and a recycled polystyrene (paragraph 0023, 0078, 0079). It would have been obvious to form the stretch blow molded containers and bottle of UNITIKA LTD with a recycled and/or an impact resistant polystyrene. Motivation to use a recycled polystyrene is found in the desire to reduce waste, conserve natural resources and energy, lower greenhouse gas emissions, and provide cost-effective material for new products. Motivation to use an impact resistant polystyrene is found in the desire to produce bottles and contains having superior durability and shock absorption, to prevent cracks in consumer goods, packaging, and enclosures, while remaining lightweight, cost-effective, and easy to process via molding.
7. Claim(s) 2 is/are rejected under 35 U.S.C. 103 as being unpatentable over JP 2012007079 A issued to UNITIKA LTD as applied to claim 1 above.
UNITIKA LTD does not expressly teach the claimed amount of the inorganic double layered hydroxide and zeolite. Absent a clear and convincing showing of unexpected results demonstrating the criticality of the claimed weight percentages the inorganic double layered hydroxide and zeolite, it would have been obvious to one of ordinary skill in the art to optimize this result-effective variable by routine experimentation. In re Antonie, 559 F.2d 618, 195 USPQ 6 (CCPA 1977).
Conclusion
8. Any inquiry concerning this communication or earlier communications from the examiner should be directed to LYNDA SALVATORE whose telephone number is (571)272-1482. The examiner can normally be reached M-F.
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/LYNDA SALVATORE/Primary Examiner, Art Unit 1789