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 Objections
Claims 1, 5, and 11 objected to because of the following informalities:
C after “2011” within “ISO 1133-2011 -(230 °C, 2.16 Kg)”. Claim 1 (B)(i) seems to have a similar error.
Claim (A)(iv) includes a seemingly misplaced bold on the “t” in “to”
Claim 5 has a similar error to Claim 1 (A)(ii).
Claim 11 has an ISO standard written as “Iso”.
Appropriate correction is required.
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 should 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(s) 1 – 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Marchini et al. (Pub. No. US 2018/0346621 A1), hereafter referred to as Marchini.
Regarding claim 1, Marchini teaches a polymer composition made from two copolymers, hereinafter referenced as Copolymer A and Copolymer B or A and B, where Marchini’s Copolymer B corresponds to the claimed A and Marchini’s Copolymer A corresponds to the claimed B.
Marchini teaches Copolymer B comprises 38 – 75 wt.% of the total polymer composition and an embodiment of B is a propylene-ethylene copolymer (pgs. 1, 3, [abstract, 0013, 0062]). Copolymer B additionally has about 2 – 10 wt.% of ethylene, based upon the total weight of B, a Melt Flow Rate (MFR) of about 0.5 – 9 g/10 min, measured according to ISO 1133 (230 °C, 2.16 Kg), a melting point measured by DSC between about 130 °C and about 165 °C, and a fraction soluble in xylene at 25°C ranging from 0.5 wt.% and 25 wt.% (pg. 3, [0064, 0061, Abstract, 0060]).
Marchini teaches further that Copolymer A is a 1-butene-ethylene copolymer and makes up 25 – 62 wt.% of the total polymer composition (pg. 1, [0012]). Copolymer A is comprised of up to 18 mol% ethylene, approximately 10 wt.% out of the weight of A, and has an MFR, measured according to ISO 1133 (230 °C, 2.16 Kg), between about 0.5 and about 3 g/10 min (pgs. 1 – 2, [0010, 0028]).
Marchini is silent with respect to the claimed DSC peak, melting temperature, and other claimed physical properties. Nevertheless, Marchini as applied above is compositionally identical to the claimed invention, as exemplified by the overlapping disclosed ranges of MFRA and MFRB, monomer derived units for A and B, and B’s fraction soluble in xylene and melting point.
Products of identical chemical compositions cannot have mutually exclusive properties. Where the claimed and prior art products are identical or substantially identical in structure or composition, a prima facie case of obviousness has been established. For more information, see MPEP § 2112.01. Marchini as applied above will therefore possess the claimed physical properties.
Marchini teaches the ranges discussed above, including the copolymer ratio and the ethylene content per copolymer which overlap with the claimed ranges. It would have been prima facie obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to employ the overlapping teachings of Marchini to make a polymer composition of A and B. A prima facie case of obviousness exists where the claimed ranges overlap or lie inside ranges disclosed by the prior art. For more information, see MPEP § 2144.05(I).
Regarding claims 2 – 13, Marchini teaches overlapping ranges for a polymer composition, comprised of A and B, as discussed in (7-10). The obviousness reasoning discussed in (10-12) applies to claims 2 – 13 as a prima facie obviousness rejection under 35 U.S.C. 103. For more information, see MPEP § 2144.05(I).
Regarding claim 14, Marchini teaches forming the composition described above into gaskets shaped as a flat film in a variety of thicknesses (pg. 5, [0104]).
Regarding claim 15, the terms “cast” and “blown” are considered to be product-by-process limitations by which the claimed film was manufactured. Product-by-process claims are not limited to the manipulations of the recited steps, only to the structure implied by the steps. If the product in a product-by-process claim is the same as or obvious from a product of the prior art, the claim is unpatentable even though the product was made by a different process. For more information, see MPEP § 2113(I). The process limitations of claim 15 do not impart any additional structure to the film of claim 14. Therefore, Marchini as applied to claim 14 above also reads on claim 15.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Wang et al. (US Pub. No. US 20230174728 A1) teaches a blown film from C2C3 random copolymer and a C2-based plastomer.
Leskinen and Boragno (Pat. No. US 11879057 B2) teaches a polypropylene composition with low S.I.T. used in articles including films.
Massari et al. (Pat. No. US 11708468 B2) teaches a terpolymer propylene, ethylene, 1-butene that can be used in films.
Gahleitner et al. (Pat. No. US 11505686 B2) teaches a composition comprised of propylene, ethylene, and alpha-olefin with low S.I.T.
Grazzi et al. (Pat. No. US 10814588 B2) teaches a multilayer film comprised of A) a skin (outer) layer substantially consisting of a crystalline low seal Initiation temperature propylene copolymer; B) a tie layer substantially consisting of a butene-1 copolymer having flexural modulus (MEF) of 75 MPa or less; C) a core layer substantially consisting of one or more polypropylene homopolymers.
Van Houcke (US Pub. No. US 20200056028 A1) teaches a random copolymer of propylene and a polymer of 1-butene to be used as a sealing layer of a multilayer film with reduced S.I.T.
Wang et al. (US Pat. No. US 11680118 B2) teaches a C2C3 random copolymer composition, which shows low S.I.T.
Wang et al. (US Pat. No. US 11981801 B2) teaches a composition comprised of propylene-ethylene and propylene-hexene copolymers.
Schloemer et al. (US Pub. No. US 20190100609 A1) teaches a polypropylene-butene copolymer used for films.
Wang et al. (EP Pat. No. EP 3280768 B1) teaches a polymer composition comprised of propylene and ethylene-olefin copolymers.
Grazzi et al. (US Pat. No. US 8598277 B2) teaches a polymer composition comprised of propylene-ethylene and propylene-butene copolymers.
Grazzi et al. (US Pub. No. US 20130165591 A1) teaches a composition comprised of propylene-hexene copolymer and butene copolymer.
Hirata et al. (WO Pub. No. WO 2011064119 A1) teaches polyolefin compositions comprising A) from 60 to 94% of one or more copolymers of propylene containing from 5 to 25% of comonomer(s); B) from 2 to 20% of one or more homo or copolymers of butene-1; C) from 1 to 20% of an elastomeric or plastomeric polyolefin or polyolefin composition.
Hirata et al. (US Pat. No. US 8586675 B2) teaches polyolefin compositions comprising, A) from 70 to 95%, of a compositions comprising (by weight): A-I) 15-80% of one or more copolymers of propylene; A-II) 20-85% of one or more copolymers with different comonomer(s) content than in A) and B) from 5 to 30% of an elastomeric or plastomeric polyolefin or polyolefin composition.
Pelligatti et al. (WO Pub. No. WO 2008017525 A1) teaches butene-1 copolymers containing: a) from 1 to 7 % by mole of ethylene derived units, and b) from 3 to 20 % by mole of units derived from one or more alpha-olefin(s) having general formula H2C=CHR.
Matsumara and Itada (US Pat. No. US 5290635 A) teaches a propylene-based resin.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ARMAN M. FARAZDAGHI whose telephone number is (571)270-5813. The examiner can normally be reached Monday - Friday, Monday - Thursday, 8:30 am - 5:00 pm.
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/ARMAN M. FARAZDAGHI/Examiner, Art Unit 1762
/ROBERT S JONES JR/Supervisory Patent Examiner, Art Unit 1762
