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 .
Priority
Applicant’s claim for the benefit of a prior-filed application under 35 U.S.C. 119(e) or under 35 U.S.C. 120, 121, 365(c), or 386(c) is acknowledged.
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 1-20 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.
Claim 1 recites the limitation "the diacid is based on the substantially equal diacid equivalents of 100 mole% to diol equivalence of 100 mole% for a total" in lines 14-16, which is indefinite because there is insufficient antecedent basis for “the diacid” in the claim because claim 1 does not recite “diacid” previously. Also, the meaning of “diacid equivalents of 100 mole% to diol equivalence of 100 mole% for a total” is unclear. The specification of the instant application recites “the terephthalate monomer is based on the substantially equal diacid equivalents of 100 mole% to diol equivalence of 100 mole% for a total of 200 mole%”. For further examination of the claims, this limitation is therefore interpreted as “the terephthalate monomer is based on the substantially equal diacid equivalents of 100 mole% to diol equivalence of 100 mole% for a total of 200 mole%”.
Claim Rejections - 35 USC § 102
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.
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, 3, 7-9, 13, and 16-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Nakamichi et al. (JP H07-207003 A, machine translation in English used for citation).
Regarding claims 1 and 16, Nakamichi teaches producing a copolymerized polyester by melt polymerization and subsequent solid-phase polymerization, wherein as a melt polymerization method, one method involves directly esterifying terephthalic acid, ethylene glycol, and cyclohexanedimethanol, then adding diethylene glycol, carrying out a polycondensation reaction by further increasing the temperature, and gradually reducing the pressure in the presence of a catalyst, or using an ester derivative of terephthalic acid to carry out a transesterification reaction in the presence of a catalyst with ethylene glycol and cyclohexanedimethanol, and subjecting the resulting product to a polycondensation reaction in the same manner as the directly esterified product [0019], wherein a germanium compound is used as a polymerization catalyst for the copolymer polyester [0014, 0023], wherein the germanium atom content of the copolymerized polyester is 20 to 60 ppm by weight [0014], wherein the germanium atoms originate from the germanium compound used as a polymerization catalyst for the copolymer polyester, and are incorporated into the polymer [0014], wherein the copolymer polyester comprises the terephthalic acid as the dicarboxylic acid component and ethylene glycol as the diol component, and contains 0.5 to 10 mol% cyclohexanedimethanol and 1 to 4 mol% diethylene glycol as the diol component [0008], which reads on a process to produce a copolyester comprising a. polymerizing 1) at least one terephthalate monomer, 2) about 86 to about 98.5 mole% of ethylene glycol, and 3) about 1.5 to about 14 mole% of a combination diethylene glycol (DEG) and at least one glycol residue selected from 1,4-cyclohexanedimethanol residues (CHDM), in the presence of a germanium catalyst to produce said copolyester, wherein said germanium catalyst is present in said copolyester at a concentration of about 20 to about 60 ppm based on elemental germanium, wherein the diacid is based on the substantially equal diacid equivalents of 100 mole% to diol equivalence of 100 mole% for a total as claimed, wherein the amount of germanium present in the copolyester is at a concentration of about 20 to about 60 ppm as claimed. The mole% of ethylene glycol is based on the calculations 100 -10 - 4 = 86 and 100 - 0.5 - 1 = 98.5. The mol% of the combination is based on the calculations 0.5 + 1 = 1.5 and 10 + 4 = 14.
Regarding claim 3, Nakamichi teaches an example, wherein the amount of the terephthalic acid is 1.56 kilomol, that the amount of the ethylene glycol is 1.87 kilomol, that the amount of the 1,4-cylcohexanedimethanol is 0.06 kilomol, and that the amount of the diethylene glycol is 0.02 kilomol [0036], which reads on wherein the diols are used in a molar excesses of 1.25 moles per total moles of terephthalate monomers as claimed. The molar excesses are based on the calculation (1.87 + 0.06 + 0.02) / 1.56 = 1.25.
Regarding claim 7, Nakamichi teaches that the germanium compound is germanium dioxide or germanium tetrachloride [0023], which reads on wherein said germanium catalyst is at least one selected from oxide, and halo germanates as claimed.
Regarding claim 8, Nakamichi teaches that the germanium compound is germanium dioxide or germanium tetrachloride [0023], which reads on wherein said germanium catalyst is at least one selected from germanium (IV) oxide, or germanium tetrahalide as claimed.
Regarding claim 9, Nakamichi teaches that the amount of germanium compound added should be adjusted so that the germanium atom content in the final copolymerized polyester is between 20 and 60 ppm [0023], and that in an example, the amount of germanium compound that is germanium dioxide added is 120 ppm relative to the polymer [0036], which reads on wherein the amount of germanium catalyst added in the polymerization is 120 ppm based on the yield of final copolyester as claimed.
Regarding claim 13, Nakamichi teaches dissolving the copolymer polyester in chloroform/1,1,1,3,3,3-hexafluoro-2-propaneol mixture, diluting further with chloroform, adding methanol to this, filtrating, and dissolving the residue of the filtrate in dimethylformamide [0033], which reads on the process according to Claim 1 further comprising adding at least one additive to said copolyester as claimed.
Regarding claim 17, Nakamichi teaches that the copolymer polyester comprises terephthalic acid as the dicarboxylic acid component and ethylene glycol as the diol component [0008], and that PET resins have a high potential for recycling [0004]. Also, Nakamichi teaches all the claimed ingredients, amounts, process steps, and process conditions of said copolyester. Nakamichi’s teachings therefore read on wherein said copolyester is capable of being recycled as claimed.
Regarding claim 18, the Office recognizes that all the claimed physical properties are not positively taught by Nakamichi, namely that said copolyester has a crystallization half life of greater than 1 minute at 140°C. However, Nakamichi teaches all the claimed ingredients, amounts, process steps, and process conditions of said copolyester and the process according to Claim 1 as explained above. Furthermore, the specification of the instant application recites that the inventive copolyesters provide at least one of the following unique properties: 1) crystallization half times of greater than one minute [00015], and that the copolyesters of this invention can have a crystallization half time of greater than I minute, greater than 2 minutes, greater than 3 minutes, greater than 4 minutes, or greater than 5 minutes at 140°C [00076]. Therefore, the claimed physical properties would naturally arise from the copolyester and the process of Nakamichi. When the structure recited in the reference is substantially identical to that of the claims, claimed properties or functions are presumed to be inherent (MPEP 2112.01(I)). Products of identical chemical composition can not have mutually exclusive properties (MPEP 2112.01(II)). If the prior art teaches the identical chemical structure, the properties applicant discloses and/or claims are necessarily present (MPEP 2112.01(II)). Where the claimed and prior art products are identical or substantially identical in structure or composition, or are produced by identical or substantially identical processes, a prima facie case of either anticipation or obviousness has been established. When the PTO shows a sound basis for believing that the products of the applicant and the prior art are the same, the applicant has the burden of showing that they are not (MPEP 2112.01(I)). Therefore, the prima facie case can be rebutted by evidence showing that the prior art products do not necessarily possess the characteristics of the claimed product (MPEP 2112.01(I)).
Regarding claim 19, the Office recognizes that all the claimed physical properties are not positively taught by Nakamichi, namely that said copolyester has a crystallization half life of greater than 3 minutes at 140°C. However, Nakamichi teaches all the claimed ingredients, amounts, process steps, and process conditions of said copolyester and the process according to Claim 1 as explained above. Furthermore, the specification of the instant application recites that the inventive copolyesters provide at least one of the following unique properties: 1) crystallization half times of greater than one minute [00015], and that the copolyesters of this invention can have a crystallization half time of greater than I minute, greater than 2 minutes, greater than 3 minutes, greater than 4 minutes, or greater than 5 minutes at 140°C [00076]. Therefore, the claimed physical properties would naturally arise from the copolyester and the process of Nakamichi. When the structure recited in the reference is substantially identical to that of the claims, claimed properties or functions are presumed to be inherent (MPEP 2112.01(I)). Products of identical chemical composition can not have mutually exclusive properties (MPEP 2112.01(II)). If the prior art teaches the identical chemical structure, the properties applicant discloses and/or claims are necessarily present (MPEP 2112.01(II)). Where the claimed and prior art products are identical or substantially identical in structure or composition, or are produced by identical or substantially identical processes, a prima facie case of either anticipation or obviousness has been established. When the PTO shows a sound basis for believing that the products of the applicant and the prior art are the same, the applicant has the burden of showing that they are not (MPEP 2112.01(I)). Therefore, the prima facie case can be rebutted by evidence showing that the prior art products do not necessarily possess the characteristics of the claimed product (MPEP 2112.01(I)).
Regarding claim 20, the Office recognizes that all the claimed physical properties are not positively taught by Nakamichi, namely that said copolyester has a crystallization half life of greater than 1 minute at 140°C, 160°C, and 180°C. However, Nakamichi teaches all the claimed ingredients, amounts, process steps, and process conditions of said copolyester and the process according to Claim 1 as explained above. Furthermore, the specification of the instant application recites that the inventive copolyesters provide at least one of the following unique properties: 1) crystallization half times of greater than one minute [00015], and that the copolyesters of this invention have a crystallization half time of greater than 1 minute, greater than 2 minutes, greater than 3 minutes, greater than 4 minutes, or greater than 5 minutes at 140°C, 160°C, and 180°C [00076]. Therefore, the claimed physical properties would naturally arise from the copolyester and the process of Nakamichi. When the structure recited in the reference is substantially identical to that of the claims, claimed properties or functions are presumed to be inherent (MPEP 2112.01(I)). Products of identical chemical composition can not have mutually exclusive properties (MPEP 2112.01(II)). If the prior art teaches the identical chemical structure, the properties applicant discloses and/or claims are necessarily present (MPEP 2112.01(II)). Where the claimed and prior art products are identical or substantially identical in structure or composition, or are produced by identical or substantially identical processes, a prima facie case of either anticipation or obviousness has been established. When the PTO shows a sound basis for believing that the products of the applicant and the prior art are the same, the applicant has the burden of showing that they are not (MPEP 2112.01(I)). Therefore, the prima facie case can be rebutted by evidence showing that the prior art products do not necessarily possess the characteristics of the claimed product (MPEP 2112.01(I)).
Claim Rejections - 35 USC § 103
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.
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 2, 5, 6, 14, and 15 are rejected under 35 U.S.C. 103 as being unpatentable over Nakamichi et al. (JP H07-207003 A, machine translation in English used for citation) as applied to claim 1.
Regarding claim 2, Nakamichi teaches the process according to Claim 1 as explained above. Nakamichi teaches producing a copolymerized polyester by melt polymerization and subsequent solid-phase polymerization, wherein as a melt polymerization method, one method involves directly esterifying terephthalic acid, ethylene glycol, and cyclohexanedimethanol, then adding diethylene glycol, carrying out a polycondensation reaction by further increasing the temperature, and gradually reducing the pressure in the presence of a catalyst, or using an ester derivative of terephthalic acid to carry out a transesterification reaction in the presence of a catalyst with ethylene glycol and cyclohexanedimethanol, and subjecting the resulting product to a polycondensation reaction in the same manner as the directly esterified product [0019], which reads on wherein said polymerizing occurs in two distinct stages, an esterification or transesterification stage followed by a polycondensation stage.
Nakamichi does not teach that the two distinct stages are a combined esterification and transesterification stage followed by a polycondensation stage. Before the effective filing date of the claimed invention, one of ordinary skill in the art would have found it obvious to perform Nakamichi’s directly esterifying terephthalic acid, ethylene glycol, and cyclohexanedimethanol, and then adding diethylene glycol and Nakamichi’s using an ester derivative of terephthalic acid to carry out a transesterification reaction in the presence of a catalyst with ethylene glycol and cyclohexanedimethanol in combination, and then perform Nakamichi’s carrying out a polycondensation reaction by further increasing the temperature, and gradually reducing the pressure in the presence of a catalyst. The proposed modification would read on the two distinct stages are a combined esterification and transesterification stage followed by a polycondensation stage as claimed. One of ordinary skill in the art would have been motivated to do so because it would have beneficial for modifying a rate of production of Nakamichi’s copolymer polyester because Nakamichi teaches producing a copolymerized polyester by melt polymerization and subsequent solid-phase polymerization, wherein as a melt polymerization method, one method involves directly esterifying terephthalic acid, ethylene glycol, and cyclohexanedimethanol, then adding diethylene glycol, carrying out a polycondensation reaction by further increasing the temperature, and gradually reducing the pressure in the presence of a catalyst, or using an ester derivative of terephthalic acid to carry out a transesterification reaction in the presence of a catalyst with ethylene glycol and cyclohexanedimethanol, and subjecting the resulting product to a polycondensation reaction in the same manner as the directly esterified product [0019], that a germanium compound is used as a polymerization catalyst for the copolymer polyester [0014, 0023], and that the copolymer polyester comprises the terephthalic acid as the dicarboxylic acid component and ethylene glycol as the diol component, and contains 0.5 to 10 mol% cyclohexanedimethanol and 1 to 4 mol% diethylene glycol as the diol component [0008].
Regarding claim 5, Nakamichi teaches that the polycondensation reaction conditions are as follows: the reaction temperature for the first stage of polycondensation is usually 250 to 290°C, the pressure is usually 500 to 20 Torr, the temperature for the final stage of polycondensation reaction is usually 265 to 300°C, and the pressure is usually 10 to 0.1 Torr [0020], which reads on wherein the polycondensation is conducted under reduced pressure of 0.1 to 500 torr at a temperature of 250 to 300 °C.
Nakamichi does not teach with sufficient specificity that the polycondensation is conducted under reduced pressure 0.1 to 100 torr. Before the effective filing date of the claimed invention, one of ordinary skill in the art would have found it obvious to optimize the pressure of Nakamichi’s first stage of polycondensation to be 100 to 20 Torr. The proposed modification would read on wherein the polycondensation is conducted under reduced pressure of 0.1 to 100 torr as claimed. One of ordinary skill in the art would have been motivated to do so because it would have been beneficial for optimizing an extent of Nakamichi’s polycondensation reaction because Nakamichi teaches that the polycondensation reaction conditions are as follows: the reaction temperature for the first stage of polycondensation is usually 250 to 290°C, the pressure is usually 500 to 20 Torr, the temperature for the final stage of polycondensation reaction is usually 265 to 300°C, and the pressure is usually 10 to 0.1 Torr [0020], which means that the pressure of Nakamichi’s first stage of polycondensation in Torr would have affected an extent of Nakamichi’s polycondensation reaction.
Regarding claim 6, Nakamichi teaches that in an example, the polycondensation was carried out for 3 hours and 30 minutes [0036], which reads on wherein the duration of the polycondensation is 3.5 hours as claimed.
Regarding claim 14, Nakamichi teaches the process of Claim 1 as explained above. Nakamichi teaches that the copolymer polyester comprises ethylene glycol as the diol component, and contains 0.5 to 10 mol% cyclohexanedimethanol and 1 to 4 mol% diethylene glycol as the diol component [0008], which reads on wherein the amount of ethylene glycol residues in said copolyester ranges from about 86 to about 98.5 mol%. The mole% of ethylene glycol is based on the calculations 100 -10 - 4 = 86 and 100 - 0.5 - 1 = 98.5.
Nakamichi does not teach with sufficient specificity that the amount of ethylene glycol residues in said copolyester ranges from about 85 to about 92 mol%. Before the effective filing date of the claimed invention, one of ordinary skill in the art would have found it obvious to optimize the amount of Nakamichi’s ethylene glycol in Nakamichi’s diol component in Nakamichi’s copolymer polyester to be 86 to 92 mol%. The proposed modification would read on wherein the amount of ethylene glycol residues in said copolyester ranges from about 86 to about 92 mol% as claimed. One of ordinary skill in the art would have been motivated to do so because it would have been beneficial for optimizing suitability of Nakamichi’s copolymer polyester for direct blow bottles, for minimizing oligomer content of Nakamichi’s copolymer polyester, for optimizing a polymerization rate and/or oligomer reduction rate of Nakamichi’s copolymer polyester, and/or for optimizing transparency and/or low-temperature drop strength of direct-blow bottles comprising Nakamichi’s copolymer polyester because Nakamichi teaches that the copolymer polyester comprises ethylene glycol as the diol component, and contains 0.5 to 10 mol% cyclohexanedimethanol and 1 to 4 mol% diethylene glycol as the diol component [0008], which means that Nakamichi’s copolymer polyester comprises 86 to 98.5 mol% ethylene glycol as the diol component, that to achieve the objective of their invention, they found that a copolymer copolyester containing a certain proportion of cyclohexanedimethanol and diethylene glycol in the constituent components of PET is a copolymer polyester suitable for direct blow bottles [0007], that the object of their invention is to provide a copolymerized polyester that has a low oligomer content and produces fewer oligomer by-products during molding, making it less likely to cause contamination of molds and other components during molding [0006], that it has a faster polymerization rate and oligomer reduction rate during solid-phase polymerization compared to PET, resulting in higher productivity [0006], and that compared to other copolymerized PETs, it can provide direct-blow bottles that have superior performance in terms of transparency and low-temperature drop strength [0006], which means that the amount of ethylene glycol in Nakamichi’s diol component in Nakamichi’s copolymer polyester in mol% would have affected suitability of Nakamichi’s copolymer polyester for direct blow bottles, oligomer content of Nakamichi’s copolymer polyester, a polymerization rate and/or oligomer reduction rate of Nakamichi’s copolymer polyester, and/or transparency and/or low-temperature drop strength of direct-blow bottles comprising Nakamichi’s copolymer polyester.
Regarding claim 15, Nakamichi teaches the process of Claim 1 as explained above. Nakamichi teaches that the copolymer polyester comprises ethylene glycol as the diol component, and contains 0.5 to 10 mol% cyclohexanedimethanol and 1 to 4 mol% diethylene glycol as the diol component [0008], which reads on wherein said copolyester comprises about 1.5 to about 14 mole % of a combination of diethylene glycol (DEG) residues and at least one glycol residue selected from 1,4-cyclohexanedimethanol residues (CHDM).
Nakamichi does teach with sufficient specificity that said copolyester comprises about 4 to about 12 mole % of a combination of diethylene glycol (DEG) residues and at least one glycol residue selected from the group consisting of 1,4-cyclohexanedimethanol residues (CHDM), monopropylene glycol residues (MPG), and 2,2,4,4-tetramethyl-1,3-cyclobutane diol residues (TMCD). Before the effective filing date of the claimed invention, one of ordinary skill in the art would have found it obvious to optimize the total amount of Nakamichi’s cyclohexanedimethanol and Nakamichi’s diethylene glycol in Nakamichi’s diol component in Nakamichi’s copolymer polyester to be about 4 to about 12 mol%, wherein Nakamichi’s copolymer polyester contains 0.5 to 10 mol% Nakamichi’s cyclohexanedimethanol and 1 to 4 mol% Nakamichi’s diethylene glycol as Nakamichi’s diol component. The proposed modification would read on wherein said copolyester comprises about 4 to about 12 mole % of a combination of diethylene glycol (DEG) residues and at least one glycol residue selected from 1,4-cyclohexanedimethanol residues (CHDM) as claimed. One of ordinary skill in the art would have been motivated to do so because it would have been beneficial for optimizing suitability of Nakamichi’s copolymer polyester for direct blow bottles, for minimizing oligomer content of Nakamichi’s copolymer polyester, for optimizing a polymerization rate and/or oligomer reduction rate of Nakamichi’s copolymer polyester, and/or for optimizing transparency and/or low-temperature drop strength of direct-blow bottles comprising Nakamichi’s copolymer polyester because Nakamichi teaches that the copolymer polyester comprises ethylene glycol as the diol component, and contains 0.5 to 10 mol% cyclohexanedimethanol and 1 to 4 mol% diethylene glycol as the diol component [0008], that to achieve the objective of their invention, they found that a copolymer copolyester containing a certain proportion of cyclohexanedimethanol and diethylene glycol in the constituent components of PET is a copolymer polyester suitable for direct blow bottles [0007], that the object of their invention is to provide a copolymerized polyester that has a low oligomer content and produces fewer oligomer by-products during molding, making it less likely to cause contamination of molds and other components during molding [0006], that it has a faster polymerization rate and oligomer reduction rate during solid-phase polymerization compared to PET, resulting in higher productivity [0006], and that compared to other copolymerized PETs, it can provide direct-blow bottles that have superior performance in terms of transparency and low-temperature drop strength [0006], which means that the total amount of Nakamichi’s cyclohexanedimethanol and Nakamichi’s diethylene glycol in Nakamichi’s diol component in Nakamichi’s copolymer polyester in mol%, wherein Nakamichi’s copolymer polyester contains 0.5 to 10 mol% Nakamichi’s cyclohexanedimethanol and 1 to 4 mol% Nakamichi’s diethylene glycol as Nakamichi’s diol component, would have affected suitability of Nakamichi’s copolymer polyester for direct blow bottles, oligomer content of Nakamichi’s copolymer polyester, a polymerization rate and/or oligomer reduction rate of Nakamichi’s copolymer polyester, and/or transparency and/or low-temperature drop strength of direct-blow bottles comprising Nakamichi’s copolymer polyester.
Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over Nakamichi et al. (JP H07-207003 A, machine translation in English used for citation) as applied to claim 2, and further in view of George et al. (US 5,378,796, cited in IDS).
Regarding claim 4, Nakamichi renders obvious the process according to Claim 2 as explained above. Nakamichi teaches producing a copolymerized polyester by melt polymerization and subsequent solid-phase polymerization, wherein as a melt polymerization method, one method involves directly esterifying terephthalic acid, ethylene glycol, and cyclohexanedimethanol under pressure, then adding diethylene glycol, carrying out a polycondensation reaction by further increasing the temperature, and gradually reducing the pressure in the presence of a catalyst, or using an ester derivative of terephthalic acid to carry out a transesterification reaction in the presence of a catalyst with ethylene glycol and cyclohexanedimethanol, and subjecting the resulting product to a polycondensation reaction in the same manner as the directly esterified product [0019], and that in an example, esterification was performed in an esterification tank at approximately 250°C for 6 hours and 30 minutes [0036], which reads on wherein the esterification reactions are conducted at a temperature of 250 °C for 6.5 hours at atmospheric or greater pressure.
Nakamichi does not teach that the esterification and/or transesterification reactions are conducted under an inert atmosphere. However, George teaches that copolyesters are usually prepared according to copolyester forming conditions well known in the art (1:40-42), and that for example, a mixture of one or more aromatic dicarboxylic acids or ester forming derivatives thereof, and one or more diols is heated in the presence of esterification and/or transesterification catalysts at temperature in the range of about 150° C to about 250° C, in an inert atmosphere (1:42-48). Nakamichi and George are analogous art because both references are in the same field of endeavor of a process to produce a copolyester. Before the effective filing date of the claimed invention, one of ordinary skill in the art would have found it obvious to perform Nakamichi’s directly esterifying terephthalic acid, ethylene glycol, and cyclohexanedimethanol under pressure, and then adding diethylene glycol and Nakamichi’s using an ester derivative of terephthalic acid to carry out a transesterification reaction in the presence of a catalyst with ethylene glycol and cyclohexanedimethanol simultaneously at Nakamichi’s temperature of approximately 250°C for Nakamichi’s time of 6 hours and 30 minutes, and in George’s inert atmosphere. The proposed modification would read on wherein the esterification and/or transesterification reactions are conducted under an inert atmosphere at a temperature of 250 °C for 6.5 hours at atmospheric or greater pressure as claimed. One of ordinary skill in the art would have been motivated to do so because it would have been beneficial for preventing molecules in the atmosphere from reacting in Nakamichi’s directly esterifying and Nakamichi’s transesterification because George teaches that copolyesters are usually prepared according to copolyester forming conditions well known in the art (1:40-42), and that for example, a mixture of one or more aromatic dicarboxylic acids or ester forming derivatives thereof, and one or more diols is heated in the presence of esterification and/or transesterification catalysts at temperature in the range of about 150° C to about 250° C, in an inert atmosphere (1:42-48), and because Nakamichi teaches producing a copolymerized polyester by melt polymerization and subsequent solid-phase polymerization, wherein as a melt polymerization method, one method involves directly esterifying terephthalic acid, ethylene glycol, and cyclohexanedimethanol under pressure, then adding diethylene glycol, carrying out a polycondensation reaction by further increasing the temperature, and gradually reducing the pressure in the presence of a catalyst, or using an ester derivative of terephthalic acid to carry out a transesterification reaction in the presence of a catalyst with ethylene glycol and cyclohexanedimethanol, and subjecting the resulting product to a polycondensation reaction in the same manner as the directly esterified product [0019], and that in an example, esterification was performed in an esterification tank at approximately 250°C for 6 hours and 30 minutes [0036].
Claims 10-12 are rejected under 35 U.S.C. 103 as being unpatentable over Nakamichi et al. (JP H07-207003 A, machine translation in English used for citation) as applied to claim 1, and further in view of Treece et al. (US 2013/0029068 A1, cited in IDS).
Regarding claim 10, Nakamichi teaches the process according to Claim 1 as explained above.
Nakamichi does not teach that the monomers utilized are recycled monomers that have been recovered by depolymerization of scrap or post-consumer polyesters, or a combination of virgin and recycled monomers. However, Treece teaches copolyesters that can be prepared using recycled monomers that have been recovered by depolymerization of scrap or post-consumer polyesters, or a combination of virgin and recycled monomers [0302], wherein the polyester comprises [0012] a dicarboxylic acid component comprising [0013] terephthalic acid residues [0014] and optionally aromatic and/or aliphatic dicarboxylic acid residues [0015], a glycol component comprising [0016] ethylene glycol residues [0017] and at least one difunctional glycol chosen from 1,4-cyclohexanedimethanol [0018], and at least one branching agent [0019]. Nakamichi and Treece are analogous art because both references are in the same field of endeavor of a process to produce a copolyester. Before the effective filing date of the claimed invention, one of ordinary skill in the art would have found it obvious to use Nakamichi’s terephthalic acid, ethylene glycol, cyclohexanedimethanol, and diethylene glycol in Nakamichi’s method, such that they are recycled monomers that have been recovered by depolymerization of scrap or post-consumer polyesters, or a combination of virgin and recycled monomers as suggested by Treece. The proposed modification would read on wherein the monomers utilized are recycled monomers that have been recovered by depolymerization of scrap or post-consumer polyesters, or a combination of virgin and recycled monomers as claimed. One of ordinary skill in the art would have been motivated to do so because it would have been beneficial for reducing waste of scrap or post-consumer polyesters and reducing the need for virgin monomers because Treece teaches copolyesters that can be prepared using recycled monomers that have been recovered by depolymerization of scrap or post-consumer polyesters, or a combination of virgin and recycled monomers [0302], wherein the polyester comprises [0012] a dicarboxylic acid component comprising [0013] terephthalic acid residues [0014] and optionally aromatic and/or aliphatic dicarboxylic acid residues [0015], a glycol component comprising [0016] ethylene glycol residues [0017] and at least one difunctional glycol chosen from 1,4-cyclohexanedimethanol [0018], and at least one branching agent [0019], and because Nakamichi teaches that the producing a copolymerized polyester is by melt polymerization and subsequent solid-phase polymerization, wherein as a melt polymerization method, one method involves directly esterifying terephthalic acid, ethylene glycol, and cyclohexanedimethanol, then adding diethylene glycol, carrying out a polycondensation reaction by further increasing the temperature, and gradually reducing the pressure in the presence of a catalyst, or using an ester derivative of terephthalic acid to carry out a transesterification reaction in the presence of a catalyst with ethylene glycol and cyclohexanedimethanol, and subjecting the resulting product to a polycondensation reaction in the same manner as the directly esterified product [0019].
Regarding claim 11, Nakamichi does not teach that the recycled monomers are obtained from the depolymerization of polyesters into their component monomers by methanolysis in which the polyester is reacted with methanol to produce dimethyl terephthalate (“DMT”), dimethyl isophthalate, ethylene glycol (“EG”), and 1,4-cyclohexanedimethanol (“CHDM”). However, Treece teaches copolyesters that can be prepared using recycled monomers that have been recovered by depolymerization of scrap or post-consumer polyesters, or a combination of virgin and recycled monomers, wherein the polyester is depolymerized by subjecting the polyester to methanolysis in which the polyester is reacted with methanol to produce dimethyl terephthalate, dimethyl isophthalate, ethylene glycol, and 1,4-cylcohexanedimethanol [0302], wherein the polyester comprises [0012] a dicarboxylic acid component comprising [0013] terephthalic acid residues [0014] and optionally aromatic and/or aliphatic dicarboxylic acid residues [0015], a glycol component comprising [0016] ethylene glycol residues [0017] and at least one difunctional glycol chosen from 1,4-cyclohexanedimethanol [0018], and at least one branching agent [0019]. Before the effective filing date of the claimed invention, one of ordinary skill in the art would have found it obvious to use Nakamichi’s terephthalic acid, ethylene glycol, cyclohexanedimethanol, and diethylene glycol in Nakamichi’s method, such that they are recycled monomers that have been recovered by depolymerization of scrap or post-consumer polyesters, or a combination of virgin and recycled monomers, wherein the polyester is depolymerized by subjecting the polyester to methanolysis in which the polyester is reacted with methanol to produce dimethyl terephthalate, dimethyl isophthalate, ethylene glycol, and 1,4-cylcohexanedimethano, as suggested by Treece. The proposed modification would read on wherein the recycled monomers are obtained from the depolymerization of polyesters into their component monomers by methanolysis in which the polyester is reacted with methanol to produce dimethyl terephthalate (“DMT”), dimethyl isophthalate, ethylene glycol (“EG”), and 1,4-cyclohexanedimethanol (“CHDM”) as claimed. One of ordinary skill in the art would have been motivated to do so because it would have been beneficial for reducing waste of scrap or post-consumer polyesters and reducing the need for virgin monomers because Treece teaches copolyesters that can be prepared using recycled monomers that have been recovered by depolymerization of scrap or post-consumer polyesters, or a combination of virgin and recycled monomers, wherein the polyester is depolymerized by subjecting the polyester to methanolysis in which the polyester is reacted with methanol to produce dimethyl terephthalate, dimethyl isophthalate, ethylene glycol, and 1,4-cylcohexanedimethanol [0302], wherein the polyester comprises [0012] a dicarboxylic acid component comprising [0013] terephthalic acid residues [0014] and optionally aromatic and/or aliphatic dicarboxylic acid residues [0015], a glycol component comprising [0016] ethylene glycol residues [0017] and at least one difunctional glycol chosen from 1,4-cyclohexanedimethanol [0018], and at least one branching agent [0019], and because Nakamichi teaches that the producing a copolymerized polyester is by melt polymerization and subsequent solid-phase polymerization, wherein as a melt polymerization method, one method involves directly esterifying terephthalic acid, ethylene glycol, and cyclohexanedimethanol, then adding diethylene glycol, carrying out a polycondensation reaction by further increasing the temperature, and gradually reducing the pressure in the presence of a catalyst, or using an ester derivative of terephthalic acid to carry out a transesterification reaction in the presence of a catalyst with ethylene glycol and cyclohexanedimethanol, and subjecting the resulting product to a polycondensation reaction in the same manner as the directly esterified product, wherein an ester derivative of terephthalic acid, such as dimethyl terephthalate, can be used to carry out a transesterification reaction in the presence of a catalyst with ethylene glycol and cyclohexanedimethanol [0019].
Regarding claim 12, Nakamichi does not teach that the recycled monomers are obtained from the depolymerization of polyesters into their component monomers by glycolysis in which the polyester is dissolved in and reacted with a glycol to form a mixture of dihydroxyethyl terephthalate and low molecular weight terephthalate oligomers, and said mixture is then subjected to a transesterification with a lower alcohol to form dimethyl terephthalate and ethylene glycol. However, Treece teaches copolyesters that can be prepared using recycled monomers that have been recovered by depolymerization of scrap or post-consumer polyesters, or a combination of virgin and recycled monomers [0302], wherein the polyester is depolymerized by glycolysis, in in which waste polyester is dissolved in and reacted with glycol to form a mixture of dihydroxyethyl terephthalate and low molecular weight terephthalate oligomers, and this mixture is then subjected to a transesterification with a lower alcohol to form dimethyl terephthalate and ethylene glycol [0303], wherein the polyester comprises [0012] a dicarboxylic acid component comprising [0013] terephthalic acid residues [0014] and optionally aromatic and/or aliphatic dicarboxylic acid residues [0015], a glycol component comprising [0016] ethylene glycol residues [0017] and at least one difunctional glycol chosen from 1,4-cyclohexanedimethanol [0018], and at least one branching agent [0019]. Before the effective filing date of the claimed invention, one of ordinary skill in the art would have found it obvious to use Nakamichi’s terephthalic acid, ethylene glycol, cyclohexanedimethanol, and diethylene glycol in Nakamichi’s method, such that they are recycled monomers that have been recovered by depolymerization of scrap or post-consumer polyesters, or a combination of virgin and recycled monomers, wherein the polyester is depolymerized by glycolysis, in in which waste polyester is dissolved in and reacted with glycol to form a mixture of dihydroxyethyl terephthalate and low molecular weight terephthalate oligomers, and this mixture is then subjected to a transesterification with a lower alcohol to form dimethyl terephthalate and ethylene glycol, as suggested by Treece. The proposed modification would read on wherein the recycled monomers are obtained from the depolymerization of polyesters into their component monomers by glycolysis in which the polyester is dissolved in and reacted with a glycol to form a mixture of dihydroxyethyl terephthalate and low molecular weight terephthalate oligomers, and said mixture is then subjected to a transesterification with a lower alcohol to form dimethyl terephthalate and ethylene glycol as claimed. One of ordinary skill in the art would have been motivated to do so because it would have been beneficial for reducing waste of scrap or post-consumer polyesters and reducing the need for virgin monomers because Treece teaches copolyesters that can be prepared using recycled monomers that have been recovered by depolymerization of scrap or post-consumer polyesters, or a combination of virgin and recycled monomers [0302], wherein the polyester is depolymerized by glycolysis, in in which waste polyester is dissolved in and reacted with glycol to form a mixture of dihydroxyethyl terephthalate and low molecular weight terephthalate oligomers, and this mixture is then subjected to a transesterification with a lower alcohol to form dimethyl terephthalate and ethylene glycol [0303], wherein the polyester comprises [0012] a dicarboxylic acid component comprising [0013] terephthalic acid residues [0014] and optionally aromatic and/or aliphatic dicarboxylic acid residues [0015], a glycol component comprising [0016] ethylene glycol residues [0017] and at least one difunctional glycol chosen from 1,4-cyclohexanedimethanol [0018], and at least one branching agent [0019], and because Nakamichi teaches that the producing a copolymerized polyester is by melt polymerization and subsequent solid-phase polymerization, wherein as a melt polymerization method, one method involves directly esterifying terephthalic acid, ethylene glycol, and cyclohexanedimethanol, then adding diethylene glycol, carrying out a polycondensation reaction by further increasing the temperature, and gradually reducing the pressure in the presence of a catalyst, or using an ester derivative of terephthalic acid to carry out a transesterification reaction in the presence of a catalyst with ethylene glycol and cyclohexanedimethanol, and subjecting the resulting product to a polycondensation reaction in the same manner as the directly esterified product, wherein an ester derivative of terephthalic acid, such as dimethyl terephthalate, can be used to carry out a transesterification reaction in the presence of a catalyst with ethylene glycol and cyclohexanedimethanol [0019].
Correspondence
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/DAVID T KARST/ Primary Examiner, Art Unit 1767
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