DETAILED ACTION
Status of Application
This action is responsive to national stage application filed 02/28/2024. Following entry of the concurrently filed preliminary amendment, amended claims 1, 3-4, and 6-8, and original claims 2 and 5 are currently pending and under examination herein.
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 . However, 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 a 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.
Information Disclosure Statement(s)
The information disclosure statement(s) (IDS) filed on 02/28/2024, 05/14/2024, 11/20/2025 and 02/05/2026 are in compliance with the provisions of 37 CFR 1.97, 1.98 and MPEP § 609, and therefore the information referred to therein has been considered as to the merits. Initialed copies of the IDS are included with the mailing/transmittal of this Office action.
Foreign Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Common Ownership Notice
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim Rejections – 35 U.S.C. 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 1-4, 6 and 7 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Cannelongo (US 3370030), alone, or as evidenced by MatWeb.com Material Property Data for Polypropylene, Molded (‘MatWeb’).
Regarding Claims 1, 2 and 4: reference to Cannelongo is directed to flame-retardant compositions comprising a thermoplastic polymer and a synergistic combination of a chlorinated hydrocarbon material and a diphosphine oxide compound having formula (I):
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- wherein R and R’ are broadly defined in column 1, lines 24-29 and –(CH2)n-- is an “optionally substituted alkylene group” (corresponding to R1 in claimed formula (1)). Concrete embodiments of flame-retardant compositions wherein the thermoplastic polymer is polypropylene or polyethylene [i.e., species of “polyolefin resin” per claim 4] and the formula (I) compound is a diphosphine oxide wherein R and R’ are each phenyl or naphthyl [i.e., species of “optionally substituted aryl group” per claim 2] are described in at least Examples 1-2 and 7-8 in columns 5-6. As such, Cannelongo specifically describes flame-retardant thermoplastic resin compositions comprising particular bis(phosphine oxide) compounds falling under claimed formula (1) in present claim 1, which being couched in open (“comprising”) language, does not preclude the presence of unspecified additional components, including the chlorinated hydrocarbon present in the disclosed embodiments. The description in a reference of even a single embodiment of broadly claimed subject matter constitutes a description of the invention for anticipation purposes. In re Luckach, 169 USPQ 795 (CCPA 1971).
Regarding Claim 3, aforementioned examples of Cannelongo describe the flame retardant thermoplastic composition according to claim 1, wherein content of the bis(phosphine oxide) compound is in each instance 17.5 parts or less per 100 parts by mass of the thermoplastic resin (e.g., 5% by weight; see Table I, Example 1 and col. 3, lines 24-27 (expressing concentration of diphosphine oxide incorporated into the polymeric material in percent by weight based on weight of the polymer to which it is added)).
Regarding Claim 6, Cannelongo in Examples 1-2 describes flame-retardant compositions wherein the thermoplastic polymer is polypropylene and the formula (I) compound is ethylenebis(diphenyl)phosphine oxide, as noted above. Though not explicitly described as crystalline, it is well-known in the art that commercial thermoplastic polypropylene exhibits a melting temperature and a crystallization temperature ranging from 61.0-220oC and from 110-115oC, respectively, as evidenced by MatWeb (see 3rd page, Thermal Properties section). As such, a plausible basis exists to infer that the claimed “crystalline” morphology is an intrinsic property of the thermoplastic polypropylene used in at least the above-cited examples of Cannelongo.
Regarding Claim 7, Cannelongo in Example 1 (see col. 6) describes forming an extrudate of a blended product made by adding 5 parts of ethylene(diphenyl)phosphine oxide and 5 parts of chlorinated paraffin wax to 100 parts of polypropylene to obtain a specimen for flame retardance testing; wherein the extruded specimen is considered a form of “shaped product” obtained through shaping of a flame retardant thermoplastic composition according to claim 1, as per claim 7. In addition, Cannelongo generally teaches applicability of disclosed flame-retardant thermoplastic resin composition in forming a variety of articles including, e.g., structural members such as pipes, wall coverings, wall paneling and windows (see col. 4, line 73 to col. 5, line 6), each of which qualifies as a “shaped product” as claimed herein.
Claims 1-3 and 6-7 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Timberlake et al (US 2010/0292376 A1) (‘Timberlake’) as evidenced by Material Data Sheet: Dupont™ Zytel® 80G43HS1L BK104 NYLON RESIN (‘Zytel’).
Regarding Claims 1-2 and 6: reference to Timberlake is directed to flame-retardant resin compositions comprising a base resin (A), such as a polyester, a polyamide or polycarbonate resin, and an organophosphorus compound (B) having at least one of defined formulae (I), (II) and (III) (see Abs. and [0014]). Specific disclosure is provided to formulations comprising 37% PA 66 Resin and 17% Compound X (see ¶¶ [0064]-[0065] (Example 8, Table 2: Formulations 8, 9 and 12); wherein the Compound X is p-xylylenebis(diphenylphosphine oxide) (see ¶¶ [0059]-[0060] (Example 6)). As such, Compound X is a species under claimed formula (1) where R2 to R5 are each an aryl (phenyl) group [per claim 2] and R1 is -Q1-Ar-Q1 where Ar is an optionally substituted arylene (phenylene) group and Q1 and Q2 are each a C1 alkylene group. Further, the PA 66 Resin is defined in footnote a) to Table 2 as a 43% Glass-PA66 resin concentrate from DuPont. Inasmuch as said resin, which is marketed under the tradename Zytel® 80G43HS1L BK104, has a melting temperature of 262oC as confirmed by Zytel (see p. 1/10, Thermal Properties section), Timberlake is considered to implicitly teach a flame-retardant thermoplastic resin composition comprising a thermoplastic resin that is crystalline [per claim 6] and a bis(phosphine oxide) compound as claimed herein.
Regarding Claim 3, Timberlake’s Formulations 8, 9 and 12 (see Table 2) each comprise a flame-retardant thermoplastic resin composition according to claim 1 as discussed above, wherein content of the bis(phosphine oxide) compound is 17.5 parts by mass or less per 100 parts by mass of the thermoplastic resin; namely 17% of Compound X (i.e., p-xylylenebis(diphenylphosphine oxide)).
Regarding Claim 7, Timberlake in Example 8 describes flammability testing on molded bars made as described in Example 7, wherein a small injection molding machine was used to form the test bars (see ¶ [0061]). Bars molded from any of the Formulations reported in Table 2 of Timberlake are considered a form of “shaped product” obtained through shaping of a flame retardant thermoplastic composition according to claim 1, as per claim 7.
Claim Rejections – 35 U.S.C. 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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Cannelongo (US 3370030).
Regarding Claim 8, Cannelongo discloses the flame-retardant thermoplastic composition according to claim 1 as discussed above. Cannelongo further discloses various typical applications of the described thermoplastic resin compositions, which include wall coverings (see col. 4, line 73 to col. 5, line 6). As wall coverings typically are in film-form and undergo at least a modest degree of stretching upon application to a substrate wall, Cannelongo would have fairly suggested to an ordinarily skilled artisan the utility of any of the disclosed thermoplastic resin compositions in forming a stretched film. Accordingly, it would have been obvious to one of ordinary skill in the art at the time of effective filing to have utilized a flame-retardant thermoplastic resin composition according to any of the above-cited examples of Cannelongo to create a stretched film, thereby arriving at the invention of present claim 8 with a reasonable expectation of success.
Potentially Allowable Subject Matter
Claim 5 is objected to as being dependent on a rejected base claim but would be allowable if rewritten in independent form including all the limitations of the base claim and any intervening claim.
The following is a statement of reasons for the indication of allowable subject matter:
Claim 5 is deemed to distinguish over the closest prior art to Miyazawa (US 2021/0301079 A1) and Saito et al (US 2018/0170005 A1) (both cited on Form PCT/ISA/237 dated 22 November 2022, of record herein).
Miyazawa is directed to a shaping material comprising a hydrogenated cycloolefin ring-opened polymer and an organophosphinate flame retardant, wherein the organophosphinate flame retardant is either or both of a compound indicated by defined formula (I) and (II) (¶¶ [0007]-[0008]). Specific disclosure is provided to production of shaping material by adding Al tris(diethylphosphinate) flame retardant to a crystalline or amorphous hydrogenated cycloolefin ring-opened polymer during kneading thereof using a side feeder of a twin screw kneading extruder (Examples 1, 2). Miyazawa does not describe the present invention, especially a bis(phosphine oxide) compound represented by instant formula (I).
Saito et al is directed to a curable composition that gives a cured product excellent in dielectric properties, heat resistance, flame retardancy, adhesion strength, and chemical resistance, the composition comprising a radically polymerizable compound having a carbon-carbon unsaturated double bond in a molecule, and an insoluble phosphorus compound insoluble in the radically polymerizable compound, wherein the insoluble phosphorus compound includes a phosphine oxide compound having two or more diphenylphosphine oxide groups in a molecule (¶¶ [0011]-[0012]).
In inventive Examples 1-18, Saito et al describe curable compositions wherein the radically polymerizable compound having a carbon-carbon unsaturated double bond in a molecule is a modified polyphenylene ether (modified PPE1, modified PPE2 or modified PPE3), polybutadiene or butadiene-styrene copolymer and the insoluble phosphorus compound is a phosphine oxide compound corresponding to instant formula (1) (Phosphine oxide compound 1, Phosphine oxide compound 2 or Phosphine oxide compound 3). Saito et al further describe comparative curable compositions comprising a corresponding modified polyphenylene ether, polybutadiene or butadiene-styrene copolymer, and an equivalent proportion of aluminum trisdiethylphosphinate instead of the phosphine oxide compound (Comparative Examples 3, 5-7).
Saito et al note that when the curable composition is used that contains, as the insoluble phosphorus compound, the phosphinate compound or the polyphosphate compound (Comparative Example 3 or 4), the cured product is low in chemical resistance and also in interlayer adhesion strength, and these results are not sufficiently improved even when the soluble phosphorus compound is used in combination (Comparative Example 5) (¶ [0210]). However, given the significant chemical and structural differences between the radically polymerizable compound having a carbon-carbon unsaturated double bond in a molecule used in the curable composition of Saito et al (i.e., modified polyphenylene ethers, polybutadiene, butadiene-styrene copolymer) and the hydrogenated cycloolefin ring-opened polymer of Miyazawa, artisans of ordinary skill would have had no reasonable expectation of imparting to the latter’s shaping material any property improvement taught by Saito et al via simple substitution of said phosphine oxide compound for the organophosphinate flame retardant requisite to Miyazawa’s invention. Accordingly, Saito et al cannot be seen to provide proper rationale for modifying the invention of Miyazawa into the invention of present claim 5/1.
Correspondence
Any inquiry concerning this communication should be directed to Examiner F. M. Teskin whose telephone number is (571) 272-1116. The examiner can normally be reached on Monday through Friday from 9:00 AM - 5:30 PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner's supervisor, Robert Jones, can be reached at (571) 270-7733. The appropriate fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) Form at https://www.uspto.gov/patents/uspto-automated- interview-request-air-form.
/FRED M TESKIN/Primary Examiner, Art Unit 1762
/FMTeskin/08-25-26
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