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 .
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 1-6 are rejected under 35 U.S.C. 103 as being unpatentable over Nitto et al (US 20120165466) in view of Sousa et al (Biobased polyesters and other polymers from 2,5-furandicarboxylic acid: a tribute to furan excellency, Polym. Chem., 2015, 6, 5960-5983).
Nitto teaches a polyamide obtained by polymerizing an (a) dicarboxylic acid comprising at least 50 mol% of an alicyclic dicarboxylic acid and a (b) diamine comprising at least 50 mol % of a diamine having a pentamethylenediamine skeleton, where pentamethylenediamine can be represented by 1,5 pentamethylenediamine (i.e. PMD, see Table 5, Example17 at page 18).
Alicyclic dicarboxylic acid above is represented by 1,4-Cyclohexanedicarboxylic acid (CHDA) at 50-100 % mol (see Table 5 at page 18).
Regarding claims 2 and 3, Nitto teaches that an additional diacid a-2 can be added, where there (a-2) content in the polyamide is 0 to 30 mol % (see 0081) of total diacid used.
In reference to claim 5, Nitto teaches a melting point range of 275 -331 C (see Table 3 at page 17).
Nitto discloses that 20-50 % mol of dicarboxylic acid can be represented by Terephthalate acid (TPA), Adipic acid (ADA) and Dodecanedioic acid (C12DA) (see Table 5).
Regarding claim 6, Nitto does not teach a water absorption value.
However, the reference discloses that all measurements are performed with the samples containing 0.2% mass of water (see Example 1 at 0299). The position is taken that such value represent an equilibrium amount of water in polyamide, which is well below claimed value of 3.3% wt.
Nitto fails to teach 2,5 furandicarboxylic acid.
Sousa provides a comparative analysis of polyamides based on terephthalic (TPA) used by Nitto and furandicarboxylic acid (FDCA) monomers (see Abstract) and concluded that FDCA -based polyamides have higher Tg values and comparable mechanical performance (see Table 4 at 5976).
Therefore, it would have been obvious to a person of ordinary skills in the art before the effective filing date of the invention to use FDCA instead of TPA in Nitto’s polyamides, when higher Tg values are required.
In reference to claim 4, Nitto teaches sulfuric acid relative viscosity of 2.2 (see Table 3, Example 3 at page 17) .
Claims 7 is rejected under 35 U.S.C. 103 as being unpatentable over Nitto in view of Sousa as applied to claims 1-6 above, and further in view of Chang et al (CN 110204708, published on 2019-09-06, cited herein with identical US 20220251297)
Nitto teaches a method of making a polyamide, which includes the following steps (see Example 1 at 0296):
Dissolution of the monomers in equimolar amount in deionized water at concentration up to 60% wt. (see 0135) in autoclave and then pressurizing it at pressure of 2.5 kg/cm2 at 50C.
While removing water from the system to maintain the pressure in the tank at about 2.5 kg/cm, heating was continued reaching the concentration of the aqueous solution of about 85%.
Then removal of water was stopped, and then heating was continued until the pressure in the tank was about 30 kg/cm2. While removing water from the system to maintain the pressure in the tank at about 30 kg/cm2, heating was continued until 50° C below the final temperature. While continuing heating, the pressure in the tank was lowered over 60 minutes from 30 kg/cm2 to atmospheric pressure. The heater temperature was adjusted so that the final temperature of the solution would be 345° C. With the solution temperature in that state, the tank contents were kept for 10 minutes under a reduced pressure of 100 Torr by a vacuum apparatus.
Note that molecular weight regulator benzoic acid (see 0116) and stabilizer 0.1 to 1 part by mass of hypophosphite (see 0230) can be added.
Nitto fails to teach a temperature profile of the reaction claimed.
Chang discloses a method for synthesis FDCA -based polymer, which includes steps of adding monomers, sodium hypophosphite, and deionized water into a high temperature high - pressure reactor after gas aerating and exchange to make atmosphere in the reactor as nitrogen, heating up to 160 to 180 ° C, reacting at a constant temperature for 0.5 hours, continuing to heat up to 200 to 210 ° C and reacting at a constant temperature for 0.5 hours, continuing to heat up to 240 to 250 ° C, reacting at a constant temperature for 1 hour, draining for about 0.5 hours and discharging the polymer (see Example 1).
Chang discloses that final polymer possesses excellent mechanical properties and impact strength (see Table 2 at 0047).
Therefore, it would have been obvious to a person of ordinary skills in the art before the effective filing date of the invention to use Chang temperature profile in Nitto’s polymerization in order to obtain a polymers with excellent physical properties.
Claims 8-10 are rejected under 35 U.S.C. 103 as being unpatentable over Nitto in view of Sousa as applied to claims 1-6 above, and further in view of Pfleghar et al (US 20140179851).
Regarding claim 8, Nitto teaches an inorganic filler (i.e. glass fibers, meeting the limitations of claim 10) at 5 to 150 parts by mass based on 100 parts by mass of the polyamide (see 022) and fire retardant (see 0224).
However, the reference above fails to teach halogen-free retardant at 10-30 % wt.
Pfleghar teaches a reinforced flame-retardant polyamide composition comprising 20-60% weight a reinforcing agent (see 0073) and 4-20% wt. of such fire retardant as melamine polyphosphate (see 0102).
The selection of a known material based on its suitability for its intended use supported a prima facie obviousness determination in Sinclair & Carroll Co. v. Interchemical Corp., 325 U.S. 327, 65 USPQ 297 (1945) , 325 U.S. at 335, 65 USPQ at 301, see also In re Leshin, 227 F.2d 197, 125 USPQ 416 (CCPA 1960), Ryco, Inc. v. Ag-Bag Corp., 857 F.2d 1418, 8 USPQ2d 1323 (Fed. Cir. 1988) and MPEP 2144.07.
Therefore, it would have been obvious to a person of ordinary skills in the art before the effective filing date of the invention to use Pfleghar’s flame retardants in Nitto’s composition, since it is a known material based on its suitability for its intended use.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to GREGORY LISTVOYB whose telephone number is (571)272-6105. The examiner can normally be reached 9am-5pm EST M-F.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Heidi Riviere Kelley can be reached at (571) 270-1831. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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GL
/GREGORY LISTVOYB/Primary Examiner, Art Unit 1765
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