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 .
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
Priority
3. This application is a 371 of PCT/EP2011/072698 12/14/2011 which claims benefit of 61/424,361 12/17/2010.
Acknowledgment is made of applicant’s claim for foreign priority under 35 U.S.C. 119 (a)-(d). The certified copy has been filed in parent Application EUROPEAN PATENT OFFICE (EPO) 11151730.6 01/21/2011 filed on 6/13/13.
Information Disclosure Statement
The information disclosure statement (IDS), filed on 11/07/2013 has been considered. Please refer to Applicant's copy of the 1449 submitted herewith.
Claim Objections
Claim 8 is objected to because of the following informalities: Applicants are suggested to change the recitation “A molded article” in line to “The molded article.” Appropriate correction is required.
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 1-15 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Bae (US 2017/0121456).
Regarding claims 1-2, Bae discloses a polyester-based plasticizer obtained from a dibasic acid component (A), a glycol component (B), a hydroxy acid component (C), and an end termination component (D), wherein the dibasic acid component (A) is one or more selected from the group consisting of sebacic acid, azelaic acid, and succinic acid, the glycol component (B) is one or more selected from the group consisting of 1,2-propylene glycol (propylene glycol), 1,3-propylene glycol (1,3-propanediol), 1,3-butanediol, and 1,4-butanediol, the hydroxy acid component (C) is 12-hydroxystearic acid, and the end termination component (D) is one or more selected from the group consisting of a monovalent fatty acid having 8 to 12 carbon atoms and a linear monohydric alcohol having 6 to 10 carbon atoms (para [0013]-[0016], [0033], [0036], [0046], [0049]), meeting the requirements of claims 1-2.
Regarding claims 3, 9, Bae discloses a polymeric plasticizer composition having a number average molecular weight from 1,000 to 8,000 grams/mole (para [0019]), fall into claimed range of 500 to 10,000.
Regarding claims 4, 10-11, the claims are directed to a product-by-process. Even though product-by-process claims are limited by and defined by the process, determination of patentability is based on the product itself. The patentability of a product does not depend on its method of production. If the product in the product-by-process claim is the same as or obvious from a product of the prior art, the claim is unpatentable even though the prior product was made by a different process. In re Thorpe, 777 F.2d 695, 698, 227 USPQ 964, 966 (Fed. Cir. 1985).
Regarding claims 5, 12-14, Bae discloses a vinyl chloride-based resin composition comprising the features of claim 1 (para [0012], [0013]-[0016], [0033], [0036], [0046], [0049]).
Regarding claims 6-8, 15, since the composition is disclosed by Bae, such composition can be used for any purpose such as molded article, food packaging film or oil-resistant hose.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KUMAR R BHUSHAN whose telephone number is (313)446-4807. The examiner can normally be reached 9.00 AM to 5.50 PM (EST).
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/KUMAR R BHUSHAN/Primary Examiner, Art Unit 1766
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