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 Objections
Claim 1 is objected to because of the following informalities: "supported catalyst system" in section (vi) of claim 1 should read as "supported metallocene catalyst system". Appropriate correction is required.
Claim 2is objected to because of the following informalities: "supported catalyst system" should read as "supported metallocene catalyst system". Appropriate correction is required.
Claim 15 is objected to because of the following informalities:
tetrakis(pentafluorphenyl)borate should read as tetrakis(pentafluorophenyl)borate
1-pentafluorphenyl-1,4-dihydroboratabenzene should read as 1-pentafluorophenyl-1,4-dihydroboratabenzene
tributylammonium-1,4-bis(pentafluorphenyl)boratabenzene should read as tributylammonium-1,4-bis(pentafluorophenyl)boratabenzene. Appropriate correction is required.
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) 1-15 are rejected under 35 U.S.C. 103 as being unpatentable over Al-Humydi et al. (EP 2797967 B1).
Regarding claims 1 and 13, Al-Humydi et al. teaches a method of preparing a catalyst composition comprising the steps of
preparing a modifier by reacting an aluminum compound of the general formula AlR1R2R3 (considered to correspond to formula (II)) with an amine compound of the general formula NR4R5R6 , (considered to correspond to formula (III)) (considered to correspond to step (ii)).
Wherein R1 is a hydrogen, or a branched or straight substituted or unsubstituted hydrocarbon having 1-30 carbon atoms, R2 and R3 are the same or different and selected from branched or straight substituted or unsubstituted hydrocarbon group having 1-30 carbon atoms, R4 is a hydrogen or a functional group with at least one active hydrogen, R5 is a hydrogen or a branched, straight, or cyclic substituted or unsubstituted hydrocarbon group of 1-30 carbon atoms, and R6 is a branched, straight, or cyclic, substituted or unsubstituted hydrocarbon group having 1-30 carbon atoms (paragraph [0032], lines 38-44).
activating a single site catalyst (considered to correspond to formula (I)), by adding a catalyst activator (considered to correspond to the cocatalyst), to said single site catalyst component, preferably in an organic solvent such as toluene or xylene, (considered to correspond to step (i)) (paragraph [0032]).
Wherein the single site catalyst component is a metallocene catalyst with the formula MQk in which k represents the number anionic ligands Q, and equals the valence of M minus two divided by the valence of the anionic Q, M is selected from preferably from Ti, Zr, and Hf, and Z and X are substituents (paragraph [0019], lines 30-5). The bridging group R connects the indenyl groups via a sp2 hybridized carbon atom (paragraph [0020], lines 6-10). The substituents X and Z may each be separately a hydrogen or hydrocarbon group with 1-20 carbon atoms (paragraph [0022], lines 15-16, 25).
The catalyst activator as used herein is to be understood as any compound which can activate the single site catalyst so that it is capable of polymerization of monomers, in particular olefins. Preferably the catalyst activator is an alumoxane, a perfluorophenylborate, and/or a perfluorophenylborate (paragraph [0028]).
Combining in a solvent a support material, the activated single site catalyst component obtained in step b and the modifier obtained in step a in a reaction vessel (considered to correspond to steps (iii-v)) (paragraphs [0032], [0102]).
Reacting the obtain mixture for at least 30 mins, preferably at least one hour at a temperature between 20-80 °C (paragraph [0033]).
And optionally drying the reaction product obtained in step c (paragraph [0032], lines 10-38). (considered to correspond to step (vii)).
The time and temperature of the reaction overlaps with the time and temperature required by claim 1. With respect to the encompassing and overlapping ranges previously discussed, the subject matter as a whole would have been obvious to one of ordinary skill in the art at the time of invention to select the portion of the prior art’s range which is within the range of the applicants’ claims because it has been held prima facie case of obviousness to select a value in a known range by optimization for the results. In re Aller, 105 USPQ 233. Additionally, the subject matter as a whole would have been obvious to one of ordinary skill in the art at the time invention was made to have selected the overlapping portion of the range disclosed by the reference because overlapping ranges have been held to be a prima facie case of obviousness. In re Malagari, 182 USPQ.
Regarding claim 2, the catalyst has an aluminum content in the range of 7-12 wt% based on the catalyst composition (paragraph [0031]).
Regarding claim 3, the Al/Zr ratio was about 100, with the Zr corresponding to the compound of formula (I) and the Al originating from MAO (methylaluminoxane) (considered to correspond to the cocatalyst) (paragraph [0100]).
Regarding claim 4, the ratio of MAO (corresponding to cocatalyst) to the silica support was 0.194 (paragraph [0098]).
Regarding claim 5, the weight ratio of the metallocene (corresponding to formula (I)) to the silica support was 0.018 (paragraph [0099]).
Regarding claim 6, the metallocene catalysts (corresponding to compound of formula (I)) are taught as
[ortho-bis-(4-phenyl-2-indenyl)-benzene]zirconiumdichloride,
[ortho-bis-(5-phenyl-2-indenyl)-benzene]zirconiumdichloride,
[ortho-bis-(2-indenyl)-benzene]zirconiumdichloride,
[ortho-bis-(2-indenyl)-benzene]hafniumdichloride,
[ortho-bis-(1-methyl-2-indenyl)-benzene]zirconiumdichloride,
[2,2'-bis-(2-indenyl)biphenyl]zirconiumdichloride, and
[2,2'-bis-(2-indenyl)biphenyl]hafniumdichloride (paragraph [0024]).
Regarding claim 7, the catalyst activator (corresponding to the cocatalyst) is used to described a compound that is an alumoxane (organoaluminum), perfluorophenylborane and/or perfluorophenylborate (perfluorophenyl, non-coordinating anion) (paragraph [0028]).
Regarding claim 8, the support of the catalyst can be an organic or inorganic material, with examples of material are: cross-linked or functionalized polystyrene, polyvinylchloride, cross-linked polyethylene, silica, alumina, silica-alumina, MgCl2, talc, and zeolite (paragraph [0029]).
Regarding claim 9, the preferred support is silica (paragraph [0030]).
Regarding claim 10, the catalyst composition contains optionally one or more liquids e.g. isopentane, hexane (paragraph [0043], line 30). Toluene was used as solvent in catalyst compositions tested (paragraph [0102]).
Regarding claim 11, the aluminum compound of the general formula AlR1R2R3, (corresponding to compound of formula (II)) is selected from the group consisting of tri-methylaluminum, tri-ethylaluminum, tri-propylaluminum, tri-butylaluminum, tri-isopropylaluminum, tri-isobutylaluminum, di-methylaluminumhydride, di-ethylaluminumhydride, di-propylaluminumhydride, di-butylaluminumhydride, di-isopropylaluminumhydride, and di-isobutylaluminumhydride (paragraph [0016]).
Regarding claim 12, the amine compound of the general formula NR4R5R6, (corresponding to compound of formula (III)) is selected from the group consisting of octadecylamine, ethylhexylamine, cyclohexylamine, bis(4-aminocyclohexyl)methane, hexamethylenediamine, 1,3-benzenedimethanamine , 1-amino-3-aminomethyl-3,5,5-trimethylcyclohexane, and 6-amino-1,3-dimethyluracil (paragraph [0015]).
Regarding claim 14, the metallocene catalyst was obtained from the process as described paragraphs [0032- 0034].
Regarding claim 15, Al-Humydi et al. teaches a metallocene catalyst (corresponding to claimed compound of the formula (I)), comprising of the formula MQk in which k represents the number anionic ligands Q, and equals the valence of M minus two divided by the valence of the anionic Q, M is selected from preferably from Ti, Zr, and Hf, and Z and X are substituents (paragraph [0019], lines 30-5). The bridging group R connects the indenyl groups via a sp2 hybridized carbon atom (paragraph [0020], lines 6-10). The substituents X and Z may each be separately a hydrogen or hydrocarbon group with 1-20 carbon atoms (paragraph [0022], lines 15-16, 25).
A catalyst activator, (corresponding to the claimed cocatalyst) which is a compound that is an alumoxane, perfluorophenylborane and/or perfluorophenylborate (paragraph [0028]), and a support material (paragraph [0029]), with an aluminum content in the range of 7-12 wt% based on the catalyst composition (paragraph [0031]).
Al-Humydi et al. does not disclose the use of the specific compounds triethylammonium tetrakis(pentafluorophenylborate), triphenylcarbenium tetrakis(pentafluorophenylborate), trimethylsilyl tetrakis(pentafluorophenylborate), 1-pentafluorophenyl-1,4-dihydroboratabenzene, tributylammonium-1,4-bis(pentafluorophenyl)boratabenzene, or triphenylcarbenium-1-methylboratabenzene. Al-Humydi et al. teaches the generic group of compounds, an alumoxane, perfluorophenylborane and/or perfluorophenylborate. The claims differ from the reference by reciting a specific species and a more limited genus than the reference. However, it would have been obvious to one having ordinary skill in the art at the time of the invention to select any of the species taught by the reference, including those of the claims, because an ordinary artisan would have the reasonable expectation that any of the species of the genus would have similar properties and, thus, the same use as the genus as a whole.
Conclusion
The prior art made record and not relied upon is considered pertinent to applicant’s disclosure. Al-Shammari et al. (US 20140275455 A1) and McCullough et al. (US 20150119539 A1) disclose analogous supported metallocene catalysts.
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/H.E.K./ Examiner, Art Unit 1742 /CHRISTINA A JOHNSON/Supervisory Patent Examiner, Art Unit 1742
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