Claims 1, and 3-13 are currently pending with claim 2 being cancelled. Claims 1, and 3-13 are rejected.
The 112 rejection has been withdrawn in view of the amendment and response filed on 12/08/2025.
The 102/103 rejection has been withdrawn in favor of the 103 rejection in view of the present amendment and response.
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 1, and 5-11 are rejected under 35 U.S.C. 103 as being unpatentable over US 2018/0030243 to Mitamura et al. (hereinafter “Mitamura”).
As to claims 1 and 5, Mitamura discloses a vinyl chloride resin composition comprising a vinyl chloride resin, 0.01 to 10 parts by mass of an organic zinc salt, 0.01 to 10 parts by mass of a β-diketone compound and 0.01 to 20 parts by mass of one or more triazine compounds, relative to 100 parts by mass of the vinyl chloride resin (abstract). The vinyl chloride resin composition further includes 30 to 100 parts by mass of a plasticizer with respect to 100 parts by mass of the vinyl chloride resin (paragraph 103). The plasticizer is an adipic acid polyester (paragraph 104).
Mitamura discloses that the vinyl chloride resin composition also includes a polyhydric alcohol in an amount of 0.001 to 5 parts by mass with respect to 100 parts by mass of the vinyl chloride resin (paragraph 115). The polyhydric alcohol is a polyethylene glycol (paragraph 116). The content of the polyethylene glycol overlaps the claimed range.
In the case, where the claimed ranges overlap or touch the range disclosed by the prior art a prima facie case of obviousness exists. In re Wertheim, 541 F.2d 257,191 USPQ90 (CCPA 1976); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990), In re Geisler, 116 F.3d 1465, 1469-71, 43 USPQ2d 1362, 1365-66 (Fed. Cir. 1997).
The claim is not rendered unobvious because discovering the optimum or workable ranges involves only routine skill in the art. Difference in the content of the polyethylene glycol will not support the patentability of subject matter encompassed by the prior art unless there is evidence indicating such the content of the polyethylene glycol is critical or provides unexpected results.
Therefore, in the absence of unexpected results, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to use the content of the polyethylene glycol in the range instantly claimed, motivated by the desire to provide thermal stability and coloration resistance. This is in line with In re Aller, 105 USPQ 233 which holds discovering the optimum or workable ranges involves only routine skill in the art.
As to claims 6 and 7, Mitamura discloses that the vinyl chloride resin composition further includes 30 to 100 parts by mass of a plasticizer with respect to 100 parts by mass of the vinyl chloride resin (paragraph 103). The plasticizer is an adipic acid polyester (paragraph 104).
As to claims 8-11, Mitamura discloses a vinyl chloride molded article obtained through molding of the vinyl chloride composition (paragraphs 135 and 136). The molded article is suitable as an interior material for automobiles (paragraph 136). Mitamura does not disclose the vinyl chloride resin composition used in powder molding or powder slush molding for a surface skin of an automobile instrument panel.
However, it appears that the vinyl chloride resin composition is made the same resin composition set forth in the claims. The vinyl chloride resin composition comprises a vinyl chloride resin, 0.01 to 10 parts by mass of an organic zinc salt, 0.01 to 10 parts by mass of a β-diketone compound and 0.01 to 20 parts by mass of one or more triazine compounds, relative to 100 parts by mass of the vinyl chloride resin (abstract). The vinyl chloride resin composition further includes 30 to 100 parts by mass of a plasticizer with respect to 100 parts by mass of the vinyl chloride resin (paragraph 103). The plasticizer is an adipic acid polyester (paragraph 104). The vinyl chloride resin composition also includes a polyhydric alcohol in an amount of 0.001 to 5 parts by mass with respect to 100 parts by mass of the vinyl chloride resin (paragraph 115). The polyhydric alcohol is a polyethylene glycol (paragraph 116). The vinyl chloride molded article is obtained through molding of the vinyl chloride resin composition (paragraphs 135 and 136). The molded article is suitable as an interior material for automobiles (paragraph 136). Therefore, the examiner takes the position that the vinyl chloride resin composition would inherently be used in powder molding or power slush molding for a surface skin of an automobile instrument panel because like material has like property. This is in line with In re Best, 562 F.2d 1252, 1255, 195 USPQ 430, 433 (CCPA 1977) which holds that if the claimed and prior art products are identical or substantially identical in structure or composition, or are produced by identical or substantially identical processes, the claimed properties or functions will be presumed to be inherent. The burden is shifted to the applicant to show unobvious differences between the claimed product and the prior art product.
Claims 12 and 13 are rejected under 35 U.S.C. 103 as being unpatentable over Mitamura as applied to claim 10 above, and further in view of WO 2020/179732 or US 2021/0363343 to Takesada et al. (hereinafter “Takesada”).
Mitamura does not explicitly disclose a laminate comprising a foamed polyurethane molded product and the vinyl chloride molded product adhered to the foam polyurethane molded product.
Takesada, however, discloses a polyvinyl chloride resin composition for powder molding, comprising a vinyl chloride resin, 120 to 200 parts by mass of a polyester-based plasticizer, and 4 to 23 parts by mass of an acrylic polymer, relative to 100 parts by mass of the vinyl chloride resin (abstract).
Takesada discloses that a polyvinyl chloride molded body is obtained through molding the polyvinyl chloride resin composition (paragraph 75). Takesada further teaches that a laminate for an automobile instrument panel comprises a polyurethane foam layer and the polyvinyl chloride molded body adhered to the polyurethane foam layer (paragraphs 76 and 77).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to attach a polyurethane foam layer disclosed in Takesada to the polyvinyl chloride molded body disclosed in Mitamura motivated by the desire to obtain an automobile instrument panel.
Claims 1, and 3-11 are rejected under 35 U.S.C. 103 as being unpatentable over Mitamura in view of US 2005/0043451 to Krainer et al. (hereinafter “Krainer”).
As to claims 1, and 3-5, Mitamura discloses a vinyl chloride resin composition comprising a vinyl chloride resin, 0.01 to 10 parts by mass of an organic zinc salt, 0.01 to 10 parts by mass of a β-diketone compound and 0.01 to 20 parts by mass of one or more triazine compounds, relative to 100 parts by mass of the vinyl chloride resin (abstract). The vinyl chloride resin composition further includes 30 to 100 parts by mass of a plasticizer with respect to 100 parts by mass of the vinyl chloride resin (paragraph 103). The plasticizer is an adipic acid polyester (paragraph 104).
Mitamura does not explicitly disclose the polyvinyl chloride resin composition comprising polyalkylene glycol.
Krainer, however, discloses a thermally stabilizing material comprising a mixture of at least one polyalkylene glycol, and at least one metal salt of a strong acid selected from the group consisting of perchloric acid, trifluoroacetic acid, trifluoromethane-sulfonic acid, alkylsulfuric acid, phosphotungstic acid, HPF6, HBF4, and HSbF6 (abstract). The at least one polyalkylene glycol comprises polyethylene glycol or polypropylene glycol and each of which having a molecular weight of 100 to 500 (paragraph 45). The polyethylene glycol or polypropylene glycol would inherently have a melting temperature of 20oC or lower in view of its molecular weight within the claimed range.
Krainer further discloses that the thermally stabilizing material is incorporated in a polyvinyl chloride resin composition such that the at least one polyalkylene glycol is present in an amount of from 0.1 to 2 parts by mass, relative to 100 parts by mass of the polyvinyl chloride resin (paragraph 47).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to incorporate a thermally stabilizing material from Krainer in the vinyl chloride resin composition disclosed in Mitamura motivated by the desire to enhance thermal stability of the polyvinyl chloride resin composition.
As to claims 6 and 7, Mitamura discloses that the vinyl chloride resin composition further includes 30 to 100 parts by mass of a plasticizer with respect to 100 parts by mass of the vinyl chloride resin (paragraph 103). The plasticizer is an adipic acid polyester (paragraph 104).
As to claims 8-11, Mitamura discloses a vinyl chloride molded article obtained through molding of the vinyl chloride composition (paragraphs 135 and 136). The molded article is suitable as an interior material for automobiles (paragraph 136). Mitamura does not disclose the vinyl chloride resin composition used in powder molding or powder slush molding for a surface skin of an automobile instrument panel.
However, it appears that the vinyl chloride resin composition is made the same resin composition set forth in the claims. The vinyl chloride resin composition comprises a vinyl chloride resin, 0.01 to 10 parts by mass of an organic zinc salt, 0.01 to 10 parts by mass of a β-diketone compound and 0.01 to 20 parts by mass of one or more triazine compounds, relative to 100 parts by mass of the vinyl chloride resin. The vinyl chloride resin composition further includes 30 to 100 parts by mass of a plasticizer with respect to 100 parts by mass of the vinyl chloride resin. The plasticizer is an adipic acid polyester. The vinyl chloride resin composition further includes a polyalkylene glycol in an amount of 0.1 to 2 parts by mass relative to 100 parts by mass of the polyvinyl chloride resin wherein the polyalkylene glycol is a polyethylene glycol or a polypropylene glycol and each of which having a molecular weight of 100 to 500. The polyethylene glycol or polypropylene glycol would inherently have a melting temperature of 20oC or lower in view of its molecular weight within the claimed range. The molded article is suitable as an interior material for automobiles.
Therefore, the examiner takes the position that the vinyl chloride resin composition would inherently be used in powder molding or power slush molding for a surface skin of an automobile instrument panel because like material has like property. This is in line with In re Best, 562 F.2d 1252, 1255, 195 USPQ 430, 433 (CCPA 1977) which holds that if the claimed and prior art products are identical or substantially identical in structure or composition, or are produced by identical or substantially identical processes, the claimed properties or functions will be presumed to be inherent. The burden is shifted to the applicant to show unobvious differences between the claimed product and the prior art product.
Response to Arguments
Applicant alleges the rejections over Mitamura and further in view in view of Krainer and Takesada have been overcome in view of the criticality of the content of the polyalkylene glycol discussed in the declaration of Takanori Fujiwara filed on 12/08/2025. In the declaration, additional data was provided to demonstrated that when the amount of polyalkylene glycol falls outside the claimed range of 0.1 to 10 parts by mass, it is impossible to achieve a vinyl chloride resin composition that exhibits excellent fogging resistance while maintaining great tensile strength.
The examiner respectfully disagrees.
The results show that only samples comprising 1-10 parts by mass of the polyalkylene glycol yield excellent fogging resistance while maintaining great tensile strength.
The sample comprising 4 parts and 15 parts by mass of the polyalkylene glycol exhibits the tensile breaking stress at 23oC of 5.1 MPa and 4.9 MPa, respectively. Additionally, the 15-part-sample demonstrates greater glossiness retention (94% vs 91%) compared to the 4-part-sample, indicating better fogging resistance. The difference in tensile breaking stress is about 4.0% which is not substantial enough to establish unexpected results.
The claim is not commensurate in scope with the data presented in table 1 and the declaration. Firstly, table 1 does not specify the properties of the vinyl chloride resin composition containing 0.1 parts by mass of polyalkylene glycol. Thus, it is unclear whether the unexpected results are achieved throughout the entire range of 0.1 to 10 parts by mass of polyalkylene glycol. Secondly, to attain the unexpected results, the vinyl chloride resin composition includes 120-150 parts by mass of a polyester plasticizer, and other components. However, the claim is completely silent as to the polyester plasticizer content as well as the desired molecular weight and melting point of the polyalkylene glycol and other components. Consequently, the claim does not align with the showing outlined in the declaration.
Accordingly, the rejections over Mitamura and further in view of Krainer and Takesada have been maintained.
Claims 1, and 3-13 are rejected under 35 U.S.C. 103 as being unpatentable over Takesada in view of Krainer.
As to claims 1-5, Takesada discloses a polyvinyl chloride resin composition for powder molding comprising a vinyl chloride resin, 120 to 200 parts by mass of a polyester-based plasticizer, 4 to 23 parts by mass of an acrylic polymer, relative to 100 parts by mass of the vinyl chloride resin (abstract). Takesada discloses that a polyvinyl chloride molded body is obtained through powder slush molding the polyvinyl chloride composition (paragraphs 70 and 75). Takesada further teaches that a laminate for an automobile instrument panel comprises a polyurethane foam layer and the polyvinyl chloride molded body adhered to the polyurethane foam layer (paragraphs 76 and 77).
Takesada does not explicitly disclose the polyvinyl chloride resin composition comprising polyalkylene glycol.
Krainer, however, discloses a thermally stabilizing material comprising a mixture of at least one polyalkylene glycol, and at least one metal salt of a strong acid selected from the group consisting of perchloric acid, trifluoroacetic acid, trifluoromethane-sulfonic acid, alkylsulfuric acid, phosphotungstic acid, HPF6, HBF4, and HSbF6 (abstract). The at least one polyalkylene glycol comprises polyethylene glycol or polypropylene glycol and each of which having a molecular weight of 100 to 500 (paragraph 45). The polyethylene glycol or polypropylene glycol would inherently have a melting temperature of 20oC or lower in view of its molecular weight within the claimed range.
Krainer further discloses that the thermally stabilizing material is incorporated in a polyvinyl chloride resin composition such that the at least one polyalkylene glycol is present in an amount of from 0.1 to 2 parts by mass, relative to 100 parts by mass of the polyvinyl chloride resin (paragraph 47).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to incorporate a thermally stabilizing material from Krainer in the vinyl chloride resin composition disclosed in Takesada motivated by the desire to enhance thermal stability of the polyvinyl chloride resin composition.
As to claims 6 and 7, Takesada discloses that a polyvinyl chloride resin composition for powder molding comprises a vinyl chloride resin, 120 to 200 parts by mass of a polyester-based plasticizer, and 4 to 23 parts by mass of an acrylic polymer, relative to 100 parts by mass of the vinyl chloride resin (abstract). The polyester-based plasticizer is an adipic acid polyester (paragraph 24).
As to claims 8-11, Takesada discloses that a polyvinyl chloride molded body for a surface skin of an automotive instrument panel, is obtained through powder slush molding the polyvinyl chloride resin composition (paragraphs 70 and 75).
As to claims 12 and 13, Takesada further teaches that a laminate for an automobile instrument panel comprises a polyurethane foam layer and the polyvinyl chloride molded body adhered to the polyurethane foam layer (paragraphs 76 and 77).
Response to Arguments
Applicant alleges the rejection over Takesada in view of Krainer has been overcome in view of the criticality of the content of the polyalkylene glycol discussed in the declaration of Takanori Fujiwara filed on 12/08/2025. In the declaration, additional data was provided to demonstrated that when the amount of polyalkylene glycol falls outside the claimed range of 0.1 to 10 parts by mass, it is impossible to achieve a vinyl chloride resin composition that exhibits excellent fogging resistance while maintaining great tensile strength. The examiner respectfully disagrees.
The results show that only samples comprising 1-10 parts by mass of the polyalkylene glycol yield excellent fogging resistance while maintaining great tensile strength.
The sample comprising 4 parts and 15 parts by mass of the polyalkylene glycol exhibits the tensile breaking stress at 23oC of 5.1 MPa and 4.9 MPa, respectively. Additionally, the 15-part-sample demonstrates greater glossiness retention (94% vs 91%) compared to the 4-part-sample, indicating better fogging resistance. The difference in tensile breaking stress is about 4.0% which is not substantial enough to establish unexpected results.
The claim is not commensurate in scope with the data presented in table 1 and the declaration. Firstly, table 1 does not specify the properties of the vinyl chloride resin composition containing 0.1 parts by mass of polyalkylene glycol. Thus, it is unclear whether the unexpected results are achieved throughout the entire range of 0.1 to 10 parts by mass of polyalkylene glycol. Secondly, to attain the unexpected results, the vinyl chloride resin composition includes 120-150 parts by mass of a polyester plasticizer, and other components. However, the claim is completely silent as to the polyester plasticizer content as well as the desired molecular weight and melting point of the polyalkylene glycol and other components. Consequently, the claim does not align with the showing outlined in the declaration.
Accordingly, the rejection over Takesada in view of Krainer has been maintained.
Conclusion
THIS ACTION IS MADE FINAL. Applicant i reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Hai Vo whose telephone number is (571)272-1485. The examiner can normally be reached M-F: 9:00 am - 6:00 pm with every other Friday off.
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/Hai Vo/
Primary Examiner
Art Unit 1788