Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 7/9/2026 has been entered.
Claims 1, and 3-14 are currently pending with claim 2 being cancelled. Claims 1, and 3-14 are rejected.
All of the 103 rejections have been maintained.
Claim Rejections - 35 USC § 112
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, and 3-14 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.
As to claim 1, insertion of the word “a” before “content of the polyalkylene glycol” is appropriate in compliance with US Patent Practice.
As to claim 14, insertion of the word “a” before “content of the polyester plasticizer” is appropriate in compliance with US Patent Practice.
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
The data presented in Applicant’s table 1, the first and second declarations of Takanori Fujiwara can be summarized as follows:
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121
745
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The PVC sample having 15 parts by mass of PEG exhibits the tensile strength of 4.9 MPa. This is about 4% lower than the specific range of 5.1 to 6.8 MPa set forth in examples 1-10. The difference is insufficient to demonstrate unexpected results.
The PVC sample having 0.5 parts by mass of PEG exhibits the tensile strength of 5.2 MPa (additional data no. 5). The PVC sample having 15 parts by mass of PEG exhibits the tensile strength of 4.9 MPa. This is about 6% lower than the tensile strength of 5.2 MPa. Again, the difference is not substantiated enough to establish unexpected results.
The PVC sample comprising 0.05 parts by mass of PEG experiences the glossiness retention of 48%. This is outside the specific range of 88 to 97% set forth in examples 1-10.
As indicated in example 7 and additional data no. 6, the molecular weight of the PEG does not affect the determination of tensile strength and glossiness retention of the PVC sample. Both molecular weight of 20,000 and 400 produced the same tensile strength and glossiness retention.
No experimental data have been provided to demonstrate the sample containing 0.1 parts by mass of PEG would achieve the tensile strength of 5.1 to 6.8 MPa along with glossiness retention of 88 to 96%. Additionally, in order to achieve the unexpected results regarding the tensile strength and glossiness retention, the vinyl chloride resin composition must include 120-150 parts by mass of a polyester plasticizer, and other components. The claim does not align with the showing outlined in the table 1 and declarations.
As previously discussed, 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.
Accordingly, the rejections over Mitamura alone, 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
The data presented in Applicant’s table 1, the first and second declarations of Takanori Fujiwara can be summarized as follows:
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media_image1.png
121
745
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Greyscale
The PVC sample having 15 parts by mass of PEG exhibits the tensile strength of 4.9 MPa. This is about 4% lower than the specific range of 5.1 to 6.8 MPa set forth in examples 1-10. The difference is insufficient to demonstrate unexpected results.
The PVC sample having 0.5 parts by mass of PEG exhibits the tensile strength of 5.2 MPa (additional data no. 5). The PVC sample having 15 parts by mass of PEG exhibits the tensile strength of 4.9 MPa. This is about 6% lower than the tensile strength of 5.2 MPa. Again, the difference is not substantiated enough to establish unexpected results.
The PVC sample comprising 0.05 parts by mass of PEG experiences the glossiness retention of 48%. This is outside the specific range of 88 to 97% set forth in examples 1-10.
As indicated in example 7 and additional data no. 6, the molecular weight of the PEG does not affect the determination of tensile strength and glossiness retention of the PVC sample. Both molecular weight of 20,000 and 400 produced the same tensile strength and glossiness retention.
No experimental data have been provided to demonstrate the sample containing 0.1 parts by mass of PEG would achieve the tensile strength of 5.1 to 6.8 MPa along with glossiness retention of 88 to 96%. Additionally, in order to achieve the unexpected results regarding the tensile strength and glossiness retention, the vinyl chloride resin composition must include 120-150 parts by mass of a polyester plasticizer, and other components. The claim does not align with the showing outlined in the table 1 and declarations.
As previously discussed, Takesada in view of Krainer 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, and 0.1 to 2 parts by mass, relative to 100 parts by mass of the polyvinyl chloride resin relative to 100 parts by mass of the vinyl chloride resin.
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.
Accordingly, the rejection over Takesada in view of Krainer has been maintained.
Allowable Subject Matter
Claim 14 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
The claim is commensurate in scope with the data presented in table 1 and declarations. The content of the polyethylene glycol is critical and provides unexpected results regarding the tensile strength and glossiness retention.
Conclusion
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
Prosecution Insights