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 .
Claim Rejections - 35 USC § 112(b)
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-7 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Regarding claim 1, the recitation of a melt flow rate is indefinite as it is not made clear if this is a property of the adhesive resin composition as a whole or a recitation of copolymer (B) only. This includes claims 2-7 as they depend from claim 1.
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)(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.
Claims 1-7 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Hoya (US PGPub 2010/0056691).
Regarding claim 1, Hoya teaches polypropylene resin compositions (G’) comprising a combination of 99 to 14 parts by weight of a soft propylene copolymer (B) and 1 to 86 parts of a graft modified polymer (F) ([0031]; [0634]; claims).
Hoya teaches the graft modified polymer (F) is an ethylene/ɑ-olefin copolymer ([0597]) which has been graft modified with a vinyl compounds, preferably an unsaturated carboxylic acid or anhydride ([0606]-[0610]), preferably maleic acid anhydride ([0611]; [0659]). Hoya further teaches the content of the vinyl compound is 0.01 to 10 wt% of the graft modified polymer ([0622]) and teaches the base copolymer has a melt flow rate (MFR, 190ºC, 2,16 kg load) of 0.1 to 20 g/10in ([0601]).
Hoya teaches the soft propylene copolymer (B) is a copolymer of 55 to 90 mol% of propylene structural units and 10 to 45 mol% of structural units derived from at least one C2-C20 ɑ-olefin, excluding propylene ([0263]-[0266]; [0278]). Hoya further teaches the soft propylene copolymer (B) has a melt flow rate (MFR, 190ºC, 2,16 kg load) of 0.01 to 100 g/10min ([0264]), preferably 0.01 to 30 ([0268]).
Regarding the preamble recitation of ‘an adhesive’: i) it is noted that the preamble of the claim(s) is not considered a limitation and is of no significance to claim construction (see Pitney Bowes, Inc. v. Hewlett-Packard Co., 182 F.3d 1298, 1305, 51 USPQ2d 1161, 1165 (Fed. Cir. 1999); and MPEP § 2111.02); and ii) a chemical composition and its properties are inseparable (see MPEP 2112.01)).
Regarding claim 2, Hoya teaches the resin composition as set forth above and, as noted, teaches the melt flow rate (MFR, 190ºC, 2,16 kg load) of the graft modified polymer (F) of 0.1 to 20 g/10in ([0601]).
Regarding claims 3-4, Hoya teaches the resin composition as set forth above and, as noted, teaches and exemplifies the vinyl grafting compound as maleic anhydride ([0611]; [0659]) and teaches the amount of the vinyl grafting compound is from 0.01 to 10 wt% of the graft modified polymer ([0622]).
Regarding claims 5-7, Hoya teaches the resin composition as set forth above and teaches the compositions are suitable for forming shaped articles including multilayer materials ([0635]-[0638]).
The recitation that the basic formulation containing said resin composition in the form of a multilayer article is to be a packaging film for batteries (claim 6) or an electrode sealing material for lithium ion batteries (claim 7) does not confer patentability to the claims since the recitation of an intended use does not impart patentability to otherwise old compounds or compositions (see In re Tuominen, 671 F.2d 1359, 213 USPQ 89 (CCPA 1982); see In re Schreiber, 44 USPQ 2d 1429, (Fed. Cir. 1997)).
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.
Claims 6-7 are alternatively rejected under 35 U.S.C. 103 as being unpatentable over Hoya (US PGPub 2010/0056691) in view of Iwashita et al. (US PGPub 2019/0300688).
Hoya teaches the resin compositions as set forth in claims 1 and 5 above and teaches multilayer films. Hoya is silent as to the end uses of packaging film for batteries (claim 6) or electrode sealing material for lithium ion batteries (claim 7). However, Iwashita teaches polypropylene resin compositions comprising a combination of polypropylenes (abstract), soft polypropylene ([0187]) and graft modified ethylene copolymers ([0257]-[0259]; [0276]) and teaches known and suitable end uses of such polymer compositions is monolayer or multilayer films which may be utilized as packaging films for lithium ion batteries ([0284]-[0285]). Iwashita and Hoya are analogous art and are combinable because they are concerned with the same field of endeavor, namely propylene resin compositions comprising substantially similar soft polypropylene and graft modified ethylene copolymer components suitable for multilayer materials. At the time of filing a person having ordinary skill in the art would have found it obvious to for packaging film materials for lithium ion batteries as taught by Iwashita using the compositions of Hoya and would have been motivated to do so as Iwashita teaches such is a known and suitable end use for such compositions.
Correspondence
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JANE L STANLEY whose telephone number is (571)270-3870. The examiner can normally be reached M-F 7:30 AM to 3:30 PM.
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/JANE L STANLEY/Primary Examiner, Art Unit 1767
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