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 .
Election/Restrictions
Applicant’s election without traverse of Group I claims 1-10 in the reply filed on 01/09/2026 is acknowledged.
Claim 11 is withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected claim, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 01/09/2026.
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.
Claim(s) 1-2, 6-10 are rejected under 35 U.S.C. 103 as being unpatentable over Kawai et al. (EP 3168242) in view of Hoch et al. (US 6727002) and Yoshikawa (US 2005/0088272).
Regarding claims 1-2, Kawai discloses ethylene-vinyl alcohol copolymer, a resin composition and a molded product thereof being superior in long-run stability of melt molding (abstract). The lower limit of the degree of saponification of the structural unit derived from the vinyl ester in the EVOH (A) is typically 85 mol%, preferably 90 mol%, more preferably 98 mol%, and still more preferably 98.9 mol% (para 0043). Kawai discloses synthesis of EVOH pellets having a diameter of 4 mm and length of about 5 mm (para 0259-0263). The resin composition comprising the ethylene-vinyl alcohol copolymer according to any one of claims 1-3 (claim 4). The resin composition further comprising inorganic particles (C) wherein a content of the inorganic particles (C) is 50 ppm or greater and 5,000 ppm or less (claim 7). The particle size of the inorganic particle is in a range of 2.5-10 microns (para 0092).
However, Kawai fails to disclose that the pellet has melting enthalpy of 65 (J/g) or less and recesses are formed in the lateral surface or cut surface of the pellet with the claimed condition of when recess are formed in lateral surface.
Whereas, Hoch discloses single- or multilayer product containing .alpha.-olefin-vinyl alcohol copolymers and at least one .alpha.-olefin-vinyl acetate copolymer, wherein the amount of vinyl acetate repeat units present in the .alpha.-olefin vinyl acetate copolymer is in the range from 35 to 99.99% by weight, and these repeat units have good flexibility (abstract). Hoch discloses dry blending of the materials in pellet form is advantageous for ensuring a constant mixing ratio (col. 8, lines 49-50) and material includes EVOH copolymer (col. 11, lines 42-44). The melting endotherm (enthalpy) of the material blend is 30, 51, 656, 62 J/g (see table 6, col. 17). The melting endotherm of the EVOH is hardly affected by the addition of EVM. It is clearly advantageous that the EVM of the invention increases the flexibility to the desired degree, but at the same time does not reduce the crystallinity of the EVOH, the result being that high permeation barriers are retained (col. 17, 60-67).
Whereas, Yoshikawa discloses a thermosensitive material allowing a thermal pellet incorporated thermal fuse's operating temperature, and there is provided an inexpensive thermal fuse that provides a wider range from which an operating temperature is selected, improved insulation resistance after operation, faster response speed in operation, and enhanced strength of the thermal pellet. To do so, the thermosensitive material is formed of thermoplastic resin corresponding to a high molecular substance (abstract). The present thermal fuse can use a thermal pellet formed of crystalline thermosensitive resin including EVOH copolymer (para 0037). Yoshikawa discloses present invention allows fusion molding and accordingly allows injection molding, extrusion molding, sheet punching and other similar process. It can not only provide a thermal pellet with a conventional geometry but also help to form a thermal pellet additionally provided with a cavity, a recess, a hole and/or the like. Such a degree of freedom in molding can help to provide a thermal pellet with quick response ability and also contribute to reduced cost for production (para 0016, see figure 3B). when mechanical strength is considered, a side surface or the like would accordingly be cut, recessed and/or the like to provide improved response (para 0088).
It would have been obvious to one of ordinary skill in the art at the time the application was filed to form pellet of Kawai having a melting endotherm (enthalpy) in a range of 30-62 J/g as taught by Hoch motivated by the desire to have desired flexibility and barrier properties.
Although, Yoshikawa does not explicitly disclose number of recesses in a lateral surface of the pellet and claimed formula (1). Since the instant specification is silent to unexpected results, the specific number of recesses is not considered to confer patentability to the claims. As number is a variable that can be modified, among others, by adjusting the number of recesses, the precise number would have been considered a result effective variable by one having ordinary skill in the art at the time the invention was made. As such, without showing unexpected results, the claimed number cannot be considered critical. Accordingly, one of ordinary skill in the art at the time the invention was made would have optimized, by routine experimentation, the number of recesses to arrive at claimed formula 1 in Hoch, to number including those presently claimed, to obtain the desired mechanical strength and reduce production cost (In re Boesch, 617 F.2d. 272, 205 USPQ 215 (CCPA 1980)), since it has been held that where the general conditions of the claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. (In re Aller, 105 USPQ 223).
With respect to the pellets being cut in cylindrical shape, Change in size and shape is not patently distinct over the prior art absent persuasive evidence that the particular configuration of the claimed invention is significant. See In re Rose, 220 F.2d 459, 105 USPQ 237 (CCPA 1955); In re Rinehart, 531 F.2d 1048, 189 USPQ 143 (CCPA 1976); In re Dailey, 357 F.2d 669, 149 USPQ 47 (CCPA 1966). MPEP 2144.04[R-1].
Regarding claim 6, Kawai discloses resin composition further comprising inorganic particles (C) wherein a content of the inorganic particles (C) is 50 ppm or greater and 5,000 ppm or less (claim 7). The particle size of the inorganic particle is in a range of 2.5-10 microns (para 0092) and Hoch discloses dry blending of the materials in pellet form is advantageous for ensuring a constant mixing ratio (col. 8, lines 49-50) and material includes EVOH copolymer (col. 11, lines 42-44). The melting endotherm (enthalpy) of the material blend is 30, 51, 656, 62 J/g (see table 6, col. 17), as Kawai and Hock disclose melting enthalpy and content of particles as presently claimed, therefore it would satisfy the claimed formula 6.
Regarding claim 7, As the projection limitation is part of an optional limitation in claim 1 which recites, “in cases where the recesses are formed in the cut surface”, the claim limitation is met when recesses formed in cut surface are absent from the pellet.
Regarding claims 8-9, Kawai resin composition further comprising inorganic particles (C) wherein a content of the inorganic particles (C) is 50 ppm or greater and 5,000 ppm or less (claim 7). The particle size of the inorganic particle is in a range of 2.5-10 microns (para 0092). Kawai discloses the metal element constituting the inorganic particle (C) is preferably silicon, aluminum, magnesium, zirconium, cerium, tungsten, molybdenum or a combination thereof. Of these, the metal element is more preferably silicon, aluminum, magnesium or a combination thereof in light of favorable availability. The inorganic substance as the principal component of the inorganic particle (C) may be an oxide, nitride, oxynitride or the like of the metal element as exemplified, and an oxide is preferred (para 0090-0091).
Regarding claim 10, Kawai discloses resin composition further comprises polyamide (claim 8), where polyamide would encompass organic compound made from saturated or unsaturated fatty acid amide).
Claim(s) 3-5 are rejected under 35 U.S.C. 103 as being unpatentable over Kawai et al. (EP 3168242) in view of Hoch et al. (US 6727002) and Yoshikawa (US 2005/0088272) as applied to claim 1, further in view of Hoshika et al. (US 2019/0345280).
Regarding claims 3-5, Kawai in view of Hoch and Yoshikawa fails to disclose EVOH copolymer which is represented by formula 1.
Whereas, Hoshika discloses the barrier layer contains 96 mass % or more of a modified ethylene-vinyl alcohol copolymer based on the resin total, the modified ethylene-vinyl alcohol copolymer is represented by a following formula (I), contents (mol %) of a, b, and c based on the total monomer units satisfy following formulae (1) through (3) having degree of saponification of 90 mol% or more (abstract), where the formula 1 along with (1)-(3) meets the formula 1-4 of the present invention. [In the formula (I), each of R.sup.1, R.sup.2, R.sup.3, and R.sup.4 independently denotes a hydrogen atom or an alkyl group having a carbon number from 1 to 10, and the alkyl group may include a hydroxyl group, an alkoxy group, or a halogen atom. Each of X, Y, and Z independently denotes a hydrogen atom, a formyl group, or an alkanoyl group having a carbon number from 2 to 10.] [see para 0010].
It would have been obvious to one of ordinary skill in the art at the time the application was filed to include ethylene-vinyl alcohol copolymer of formula (I) with contents (mol %) of a, b, and c as taught by Hoshika in the pellet of Kawai motivated by the desire to have excellent oxygen barrier properties.
Conclusion
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/RONAK C PATEL/Primary Examiner, Art Unit 1788
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