DETAILED ACTION
Notice of Pre-AIA or AIA Status
1. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Preliminary Amendment
2. The preliminary amendment filed on April 12, 2024 has been entered in the above-identified application. Claims 1-20 are canceled. New claims 21-20 have been added. Claims 21-40 are now pending and under consideration.
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.
3. Claims 21-40 are rejected under 35 U.S.C. 103 as being unpatentable over Hikasa et al. (US 5308700 A).
Hikasa et al. disclose a thermoplastic elastomer powder (equivalent to the thermoplastic elastomer (TPE) powders of the claimed invention) for powder molding, comprising an elastomer composition of an ethylene-a-olefin copolymer rubber and a polyolefin resin (meeting the limitation that the TPE is a thermoplastic polyolefin as recited in claim 25). Hikasa et al. also teach that the thermoplastic elastomer powder can be used for powder molding (meeting the limitations of clam 40) and teach a powder molding method, and a molded article thereof. The elastomer composition has a certain specific viscoelasticity comprising mixtures of ethylene-a-olefin copolymer rubbers and polyolefin resins, and optionally dynamically partially crosslinked there with in the presence of a crosslinking agent, and in the use of thermoplastic elastomer powder obtained by powdering said elastomer composition at a lower temperature than the glass transition temperature. The elastomer composition is pulverized by the freezing pulverization method using liquid nitrogen (meeting the limitations of claims 26-28). Pellets of the elastomer composition are cooled to a pulverizing temperature of -40o C. or lower. The elastomer powder obtained is preferably pulverized to the extent that 95% or more of the total weight passes through a 32 mesh Tyler standard sieve. An organic or inorganic fine particulate powder can be added to the elastomer powder to prevent reagglomeration (mutual adhesion). Known heat-resistant stabilizers such as phenol type, sulfite type, phenylalkane type, phosphite type, amine type or amide type stabilizers, antioxidants, weathering resistant stabilizers, antistatic agents, metal soaps, lubricants such as waxes, and pigments for coloration can be formulated in necessary amounts (meeting the limitations of claims 30 and 31). The molded articles (meeting the limitations of claim 32) can be used as products in various application fields. (See Abstract; Column 1, lines 14-24; Column 2, lines 49-63; Column 3, lines 5-12, 31-58; Column 4, lines 34-68; Column 6, lines 29-55; Column 7, lines 57-65).
With regards to the average particle of the TPE powders, the average sphericity A and the average sphericity B of the TPE powders, the bulk density of the TPE powders, the average pore size of the TPE powders, and the property limitations of claims 33-39, the Examiner would like to point out that workable physical properties as well as sizes and concentrations are deemed to be obvious routine optimizations to one of ordinary skill in the art, motivated by the desire to obtain the required properties.
Conclusion
4. Any inquiry concerning this communication or earlier communications from the examiner should be directed to SHEEBA AHMED whose telephone number is (571)272-1504. The examiner can normally be reached Monday-Thursday 7am-6pm.
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/SHEEBA AHMED/ Primary Examiner, Art Unit 1787
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