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 § 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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-6 is/are rejected under 35 U.S.C. 102(a)(1) and/or 102(a)(2) as being anticipated by WO 2021/065946 (herein Arai).
In setting forth the instant rejection, the US equivalent, US 2022/0363887 (herein Matsumoto) is utilized as the English equivalent of Arai.
As to claims 1, 3-4, Arai discloses a chlorinated polyvinyl chloride resin composing multiple components (thus would yield multiple peaks in high performance liquid chromatography (HPLC)). See abstract and examples.
While Arai does not disclose the symmetry factor A and B, the chlorinated polyvinyl chloride of Arai is made in substantially same manner as the present invention. Specifically, see preparation of chlorinated polyvinyl chloride resin B in paragraph 149-155 of Arai, which is identical to example 1 of the instant invention. For both: The chlorinated polyvinyl chloride is prepared by reacting 50 kg of polyvinyl chloride with a degree of polymerization of 700 is placed in a reactor, oxygen is removed (oxygen content of 100 ppm) by reducing pressure. Thereafter, chlorine is introduced and the resin is irradiated using 365 nm wavelength UV light at an intensity of 350 W. The chlorination temperature was 70 oC and the partial pressure of the chlorine was 0.4 MPa. The average consumption rate of the chlorine was 0.02 (0.015 is rounded to 0.02) kg/PVC·kg·5·min. The chlorination continued till the added chlorine reached 10.6% by mass. The material is worked up identically (washed with water, dehydrated and dried). Thus, given that the same exact material is processes/reacted in the same exact method to yield the same resin, the symmetry factor, and all other properties would naturally flow from the same resin. Therefore, the claimed properties are inherent to the Arai resins. Case law holds that a material and its properties are inseparable. In re Spada, 911 F.2d 705, 709, 15 USPQ2d 1655, 1658 (Fed. Cir. 1990). Also see MPEP 2112.
As to claim 2, the 10.6 mass% chlorine is 25.6 mol%. See table 1.
As to claims 5-6, compositions for molding and molded bodies (articles) thereof are taught. See abstract, paragraph 144 and examples.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MARK S KAUCHER whose telephone number is (571)270-7340. The examiner can normally be reached M-F 8-6 PM EST.
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/MARK S KAUCHER/Primary Examiner, Art Unit 1764
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