Prosecution Insights
Last updated: July 17, 2026
Application No. 18/705,764

THERMOPLASTIC POLYESTER RESIN COMPOSITION AND MOLDED ARTICLE

Non-Final OA §103
Filed
Apr 29, 2024
Priority
Dec 23, 2021 — JP 2021-209454 +1 more
Examiner
DIGGS, TANISHA
Art Unit
Tech Center
Assignee
Toray Industries Inc.
OA Round
1 (Non-Final)
55%
Grant Probability
Moderate
1-2
OA Rounds
11m
Est. Remaining
99%
With Interview

Examiner Intelligence

Grants 55% of resolved cases
55%
Career Allowance Rate
399 granted / 728 resolved
-5.2% vs TC avg
Strong +54% interview lift
Without
With
+53.8%
Interview Lift
resolved cases with interview
Typical timeline
3y 1m
Avg Prosecution
40 currently pending
Career history
764
Total Applications
across all art units

Statute-Specific Performance

§101
0.1%
-39.9% vs TC avg
§103
95.0%
+55.0% vs TC avg
§102
3.5%
-36.5% vs TC avg
§112
0.9%
-39.1% vs TC avg
Black line = Tech Center average estimate • Based on career data from 728 resolved cases

Office Action

§103
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 . Claims 1-2, 5-7 are pending. 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. 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. This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention. Claims 1-2, 6-7 are rejected under 35 U.S.C. 103 as being unpatentable over Choi et al (US Patent Application 2017/0066907) in view of Kobayashi et al (JP 2008-163324). Regarding claims 1-2 6-7, Choi et al teaches a resin composition comprising a thermoplastic resin, carbon nanotubes and a reinforcing material (Abstract). Choi et al further teaches the composition is molded into molded articles and can be used as an electromagnetic shielding material (Paragraphs 72, 76). Choi et al further teaches 0.1-10 parts of carbon nanotubes, 100 parts of thermoplastic resin (Paragraph 32) and 0.1-50 parts of reinforcing material which includes metal fibers (which overlaps the claimed less than 1000ppm of metal component) (Paragraph 38, 44). Choi et al further teaches the thermoplastic resin can be polybutylene terephthalate (Paragraph 55). However, Choi et al fails to specifically disclose 0.1-10 parts of epoxy compound. In the same field of endeavor, Kobayashi et al teaches a resin composition which gives a molded article which can be used for electromagnetic shielding (Abstract, Paragraph 86). Kobayashi et al further teaches 0.1-10 parts of an epoxy compound (Paragraph 9) in order to provide bonding properties at the filler interface and improve flow during processing (Paragraph 57). Kobayashi et al further teaches Bisphenol A epoxy compound JER1004 (which satisfies claimed compound (B) with two or more functional groups capable of reacting with a carboxy group) (Paragraphs 95). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have provided 0.1-10 parts of an epoxy compound in Choi et al in view of Kobayashi et al in order to provide bonding properties at the filler interface and improve flow during processing of the composition. Claims 1-2, 5-7 rejected under 35 U.S.C. 103 as being unpatentable over Kobayashi et al (JP 2008-163324). Regarding claims 1-2, 5-7, Kobayashi et al teaches a resin composition which gives a molded article which can be used for electromagnetic shielding (Abstract, Paragraph 86). Kobayashi et al further teaches 0.1-10 parts of an epoxy compound (Paragraph 9) in order to provide bonding properties at the filler interface and improve flow during processing (Paragraph 57). Kobayashi et al further teaches Bisphenol A epoxy compound JER1004 (which satisfies claimed compound (B) with two or more functional groups capable of reacting with a carboxy group) (Paragraphs 95). Kobayashi et al further teaches polybutylene terephthalate as a preferred polyester resin (Paragraph 14). Kobayashi et al further teaches the composition comprising 10-90wt% of thermoplastic resin and 10-90wt% of an inorganic filler (Paragraph 9). Kobayashi et al further teaches carbon nanotube as fillers for applications requiring high heat dissipation and high thermal conductivity (Paragraph 39). However, Kobayashi et al fails to specifically disclose the claimed parts by weight of the components and 1000ppm or less of a metal component. With regard to the claimed parts by weight of the components, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have provided the claimed resin composition parts by weight of the components as instantly claimed as Kobayashi et al teaches 10-90wt% of thermoplastic resin, 10-90wt% of an inorganic filler and 0.1-10 parts of an epoxy compound, which overlaps the claimed ranges. A composition comprising 90%thermoplastic resin, 10wt% of inorganic filler and 10 parts of epoxy compound, would read on about 100 parts of thermoplastic resin, 11 parts inorganic filler and 10 parts epoxy. With regard to 1000ppm or less of a metal component, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention was made to have provided 1000ppm or less of a metal component in Kobayashi et al as Kobayashi et al does not require a metal component in the resin composition and less than 1000ppm includes 0 as a lower limit. Claims 1-2, 5-7 are rejected under 35 U.S.C. 103 as being unpatentable over Kobayashi et al (JP 2008-163324) in view of Nagamune et al (US Patent Application 2018/0375215). Regarding claims 1-2, 5-7, Kobayashi et al teaches a resin composition which gives a molded article which can be used for electromagnetic shielding (Abstract, Paragraph 86). Kobayashi et al further teaches 0.1-10 parts of an epoxy compound (Paragraph 9) in order to provide bonding properties at the filler interface and improve flow during processing (Paragraph 57). Kobayashi et al further teaches Bisphenol A epoxy compound JER1004 (which satisfies claimed compound (B) with two or more functional groups capable of reacting with a carboxy group) (Paragraphs 95). Kobayashi et al further teaches polybutylene terephthalate as a preferred polyester resin (Paragraph 14). Kobayashi et al further teaches the composition comprising 10-90wt% of thermoplastic resin and 10-90wt% of an inorganic filler (Paragraph 9). Kobayashi et al further teaches carbon nanotube as fillers for applications requiring high heat dissipation and high thermal conductivity (Paragraph 39). However, Kobayashi et al fails to specifically disclose 1000ppm or less of a metal component and the claimed parts by weight of the components. In the same field of endeavor, Nagamune et al teaches an electromagnetic wave absorption material comprising carbon nanostructures (Abstract) including carbon nanotubes (Paragraph 14) and resin (Paragraph 16). Nagamune et al further teaches metal impurities contained in the carbon nanostructures include less than 1000ppm of metals including Al, Mg and Fe (Paragraph 77, 79). With regard to 1000ppm or less of a metal, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have provided less than 1000ppm in the resin composition of Kobayashi et al in view of Nagamune et al as the carbon nanotubes is expected to have metal impurities including Al, Mg and Fe in an amount less than 1000ppm from the production of the carbon nanotubes. With regard to the claimed parts by weight of the components, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have provided the claimed resin composition parts by weight of the components as instantly claimed as Kobayashi et al teaches 10-90wt% of thermoplastic resin, 10-90wt% of an inorganic filler and 0.1-10 parts of an epoxy compound, which overlaps the claimed ranges. A composition comprising 90%thermoplastic resin, 10wt% of inorganic filler and 10 parts of epoxy compound, would read on about 100 parts of thermoplastic resin, 11 parts inorganic filler and 10 parts epoxy. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to TANISHA DIGGS whose telephone number is (571)270-7730. The examiner can normally be reached Monday, Tuesday and Friday, 9:00AM-5:30PM. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Angela Brown-Pettigrew can be reached at (571) 272-2817. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /TANISHA DIGGS/Primary Examiner, Art Unit 1761 July 8, 2026
Read full office action

Prosecution Timeline

Apr 29, 2024
Application Filed
Jul 10, 2026
Non-Final Rejection mailed — §103 (current)

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

1-2
Expected OA Rounds
55%
Grant Probability
99%
With Interview (+53.8%)
3y 1m (~11m remaining)
Median Time to Grant
Low
PTA Risk
Based on 728 resolved cases by this examiner. Grant probability derived from career allowance rate.

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