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, 3, 5-13, and 16-19 are objected to because of the following informalities:
Regarding claim 1, the words “A” and “Up” in lines 2 and 6 do not need to be capitalized.
Regarding claim 5, in line 2, the number “4” should be deleted.
Regarding claim 17, in line 2, "akyl" should be corrected to read "alkyl" to correct an apparent typographical error.
Regarding claims 3, 6-13, 16, 18, and 19, these claims depend from an objected to claim and include all of the limitations thereof. Therefore, they are also subject to the objection.
Appropriate correction is required.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1, 9-13, and 16 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Nosu et al. (EP 0432495 A1).
Regarding claims 1, 9-13, and 16, Nosu et al. teaches a stabilized halogen-containing resin composition comprising 0.01 to 10 weight parts of a hydrotalcite, 0.01 to 5 weight parts of a zinc compound, 0.01 to 5 weight parts of magnesium hydroxide, and 0.01 to 5 weight parts of a β-diketone compound and/or a phosphite compound that are compounded into a halogen-containing resin per 100 weight parts thereof (Page 3, lines 7-12). The halogen-containing resin is at least one polymer selected from the group consisting of a vinyl chloride polymer, a vinyl chloride/vinyl acetate copolymer, a vinylidene chloride (co)polymer, a chlorinated vinyl chloride polymer, chlorinated polyethylene and chlorinated polypropylene (Page 3, lines 21-25). The vinyl chloride/vinyl acetate copolymer corresponds to a polyvinyl chloride containing copolymer comprising vinyl chloride and a second monomer, wherein the second monomer is vinyl acetate (the fact that vinyl acetate is listed as a choice for the second monomer means it’s homopolymer has a Tg of less than 82 °C). Nosu et al. further teaches that the hydrotalcite is represented by the formula M(1-x)+2Alx(OH)2A(x/n)n-mH2O, wherein M+2 is Mg or a mixture of Mg and Zn (Page 3, lines 26-29), and discloses a working example in which the hydrotalcite has the composition Mg0.50Zn0.16Al0.34(OH)2(CO3)0.17·0.05H2O (Page 7, lines 19-21). This hydrotalcite formula corresponds to a hydrotalcite compound comprising 15.80% by weight of magnesium (calculated by Examiner; 0.50×24.305 = 12.15; (12.15/76.91)*100 = 15.80%), 13.60% by weight of zinc (calculated by Examiner; 0.16×65.38 = 10.46; (10.46/76.91)*100 = 13.60%), and a Mg/Al molar ratio of 1.47 (calculated by Examiner; 0.50/0.34 = 1.47).
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 3 and 5-7 are rejected under 35 U.S.C. 103 as being unpatentable over Nosu et al. (EP 0432495 A1), as applied to claim 1 above, and further in view of Kawaguchi et al. (US 2007/0265378 A1).
Regarding claims 3 and 5-7, Nosu et al. teaches the composition of claim 1 as set forth above. Nosu et al. does not teach that the second monomer is ethylhexyl acrylate or n-butyl acrylate. However, Kawaguchi et al. teaches a vinyl chloride-based resin composition comprising a vinyl chloride-based resin, a hydrotalcite-based thermostabilizer, a metallic soap-baed thermostabilizer, and a β-diketone stabilizing aid (¶8). The vinyl chloride-based resin comprises a vinyl chloride-butyl acrylate copolymer resin or a vinyl chloride-2-ethylhexyl acrylate copolymer (¶10). Both n-butyl acrylate and 2-ethylhexyl acrylate are alkyl acrylates having, respectively, a C4 and a C8 alkyl group. Nosu et al. and Kawaguchi et al. are analogous art because they are from the same field of endeavor as that of the instant invention, namely that of vinyl chloride-based resin compositions stabilized with a hydrotalcite-based stabilizer system. At the time of the filing of the instant invention, a person of ordinary skill in the art would have found it obvious to use butyl acrylate or 2-ethylhexyl acrylate, as taught by Kawaguchi et al., as the second monomer of the polyvinylchloride containing copolymer, as taught by Nosu et al., and would have been motivated to do so because Kawaguchi et al. teaches that vinyl chloride-butyl acrylate copolymer and vinyl chloride-2-ethylhexyl acrylate copolymer are conventionally known copolymer resins suitable for combination with a hydrotalcite-based/metallic soap-based/β-diketone stabilizer system of the same general type as that of Nosu et al. (¶10), and because it is obvious to choose a known material based on its suitability for its intended use. MPEP 2144.07.
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Nosu et al. (EP 0432495 A1) as applied to claim 1 above, and further in view of Layrisse (EP 0362012 A1). For convenience, the citations below for Layrisse are taken from an English language machine translation provided herewith.
Regarding claim 8, Nosu et al. teaches the composition of claim 1 as set forth above. Nosu et al. does not teach that the copolymer comprises at least 60% by weight of vinyl chloride. However, Layrisse teaches stabilizing compositions for halogenated polymers, particularly homopolymers and copolymers obtained from vinyl chloride, including copolymers of vinyl chloride and at least one monomer selected from the group consisting of vinylidene chloride, ethylene, esters of acrylic or methacrylic acid, styrene, vinyl esters, maleic acid and anhydride, and esters of maleic acid (¶1, 25). Layrisse teaches that the copolymers contain at least 80% by weight of vinyl chloride (¶25). Layrisse further teaches that the stabilizing composition comprises a β-diketone, a hydrotalcite like that of Nosu et al, and a dihydropyridine (¶1). Nosu et al. and Layrisse are analogous art because they are from the same field of endeavor as that of the instant invention, namely that of vinyl chloride resin compositions stabilized with a hydrotalcite-based stabilizer. At the time of the filing of the instant invention, a person of ordinary skill in the art would have found it obvious to use a vinyl chloride copolymer comprising preferably at least 80% by weight of vinyl chloride, as taught by Layrisse, in the composition, as taught by Nosu et al., and would have been motivated to do so because Layrisse teaches that copolymers containing preferably at least 80% by weight of vinyl chloride are particularly suited for stabilization according to the disclosed invention (¶25).
Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over Nosu et al. (EP 0432495 A1) in view of Kawaguchi et al. (US 2007/0265378 A1).
Regarding claim 4, Nosu et al. teaches a stabilized halogen-containing resin composition comprising 0.01 to 10 weight parts of a hydrotalcite, 0.01 to 5 weight parts of a zinc compound, 0.01 to 5 weight parts of magnesium hydroxide, and 0.01 to 5 weight parts of a β-diketone compound and/or a phosphite compound that are compounded into a halogen-containing resin per 100 weight parts thereof (Page 3, lines 7-12). The halogen-containing resin is at least one polymer selected from the group consisting of a vinyl chloride polymer, a vinyl chloride/vinyl acetate copolymer, a vinylidene chloride (co)polymer, a chlorinated vinyl chloride polymer, chlorinated polyethylene and chlorinated polypropylene (Page 3, lines 21-25). The vinyl chloride/vinyl acetate copolymer corresponds to a polyvinyl chloride containing copolymer comprising vinyl chloride and a second monomer, wherein the second monomer is vinyl acetate (the fact that vinyl acetate is listed as a choice for the second monomer means it’s homopolymer has a Tg of less than 82 °C). Nosu et al. further teaches that the hydrotalcite is represented by the formula M(1-x)+2Alx(OH)2A(x/n)n-mH2O, wherein M+2 is Mg or a mixture of Mg and Zn (Page 3, lines 26-29), and discloses a working example in which the hydrotalcite has the composition Mg0.50Zn0.16Al0.34(OH)2(CO3)0.17·0.05H2O (Page 7, lines 19-21). This hydrotalcite formula corresponds to a hydrotalcite compound comprising 15.80% by weight of magnesium (calculated by Examiner; 0.50×24.305 = 12.15; (12.15/76.91)*100 = 15.80%).
Nosu et al. does not teach that the second monomer is an alkyl (meth) acrylate such as ethylhexyl acrylate or n-butyl acrylate. However, Kawaguchi et al. teaches a vinyl chloride-based resin composition comprising a vinyl chloride-based resin, a hydrotalcite-based thermostabilizer, a metallic soap-based thermostabilizer, and a β-diketone stabilizing aid (¶8). The vinyl chloride-based resin comprises a vinyl chloride-butyl acrylate copolymer resin or a vinyl chloride-2-ethylhexyl acrylate copolymer (¶10). Nosu et al. and Kawaguchi et al. are analogous art because they are from the same field of endeavor as that of the instant invention, namely that of vinyl chloride-based resin compositions stabilized with a hydrotalcite-based stabilizer system. At the time of the filing of the instant invention, a person of ordinary skill in the art would have found it obvious to use butyl acrylate or 2-ethylhexyl acrylate, as taught by Kawaguchi et al., as the second monomer of the polyvinylchloride containing copolymer, as taught by Nosu et al., and would have been motivated to do so because Kawaguchi et al. teaches that vinyl chloride-butyl acrylate copolymer and vinyl chloride-2-ethylhexyl acrylate copolymer are conventionally known copolymer resins suitable for combination with a hydrotalcite-based/metallic soap-based/β-diketone stabilizer system of the same general type as that of Nosu et al. (¶10), and because it is obvious to choose a known material based on its suitability for its intended use. MPEP 2144.07.
Claims 14 and 20-22 are rejected under 35 U.S.C. 103 as being unpatentable over Nosu et al. (EP 0432495 A1).
Regarding claims 14 and 20-22, Nosu et al. teaches a stabilized halogen-containing resin composition comprising 0.01 to 10 weight parts of a hydrotalcite, 0.01 to 5 weight parts of a zinc compound, 0.01 to 5 weight parts of magnesium hydroxide, and 0.01 to 5 weight parts of a β-diketone compound and/or a phosphite compound that are compounded into a halogen-containing resin per 100 weight parts thereof (Page 3, lines 7-12). The halogen-containing resin is at least one polymer selected from the group consisting of a vinyl chloride polymer, a vinyl chloride/vinyl acetate copolymer, a vinylidene chloride (co)polymer, a chlorinated vinyl chloride polymer, chlorinated polyethylene and chlorinated polypropylene (Page 3, lines 21-25). The vinyl chloride/vinyl acetate copolymer corresponds to a polyvinyl chloride containing copolymer comprising vinyl chloride and a second monomer, wherein the second monomer is vinyl acetate (the fact that vinyl acetate is listed as a choice for the second monomer means it’s homopolymer has a Tg of less than 82 °C). Nosu et al. further teaches that the hydrotalcite is represented by the formula M(1-x)+2Alx(OH)2A(x/n)n-mH2O, wherein M+2 is Mg or a mixture of Mg and Zn (Page 3, lines 26-29), and discloses a working example in which the hydrotalcite has the composition Mg0.50Zn0.16Al0.34(OH)2(CO3)0.17·0.05H2O (Page 7, lines 19-21). This hydrotalcite formula corresponds to a hydrotalcite compound comprising 15.80% by weight of magnesium (calculated by Examiner; 0.50×24.305 = 12.15; (12.15/76.91)*100 = 15.80%), 13.60% by weight of zinc (calculated by Examiner; 0.16×65.38 = 10.46; (10.46/76.91)*100 = 13.60%), and a Mg/Al molar ratio of 1.47 (calculated by Examiner; 0.50/0.34 = 1.47). The disclosure of the claimed composition comprising the hydrotalcite meets the steps of “providing” and “including.”
Nosu et al. does not explicitly teach that the inclusion of the hydrotalcite reduces the caking of the composition. The Office realizes that all of the claimed effects or physical properties are not positively stated by the reference. However, the reference teaches all of the claimed ingredients in the claimed amounts made by a substantially similar process. Moreover, the original specification does not identify a feature that results in the claimed effect or physical property outside of the presence of the claimed components in the claimed amounts. Therefore, the claimed effects and physical properties, i.e., reduction of caking of the composition, would naturally arise and be achieved by a composition with all the claimed ingredients. "Products of identical chemical composition cannot have mutually exclusive properties." In re Spada, 911 F.2d 705, 709, 15 USPQ2d 1655, 1658 (Fed. Cir. 1990). A chemical composition and its properties are inseparable. Therefore, if the prior art teaches the identical chemical structure, the properties applicant discloses and/or claims are necessarily present. See MPEP § 2112.01. If it is the applicant’s position that this would not be the case: (1) evidence would need to be provided to support the applicant’s position; and (2) it would be the Office’s position that there is no teaching as to how to obtain the claimed properties with only the claimed ingredients.
Claims 17-19 are rejected under 35 U.S.C. 103 as being unpatentable over Nosu et al. (EP 0432495 A1) as applied to claim 14 above, and further in view of Kawaguchi et al. (US 2007/0265378 A1).
Regarding claims 17-19, Nosu et al. teaches the method of claim 14 as set forth above. Nosu et al. does not teach that the second monomer is an alkyl (meth) acrylate such as ethylhexyl acrylate or n-butyl acrylate. However, Kawaguchi et al. teaches a vinyl chloride-based resin composition comprising a vinyl chloride-based resin, a hydrotalcite-based thermostabilizer, a metallic soap-based thermostabilizer, and a β-diketone stabilizing aid (¶8). The vinyl chloride-based resin comprises a vinyl chloride-butyl acrylate copolymer resin or a vinyl chloride-2-ethylhexyl acrylate copolymer (¶10). Nosu et al. and Kawaguchi et al. are analogous art because they are from the same field of endeavor as that of the instant invention, namely that of vinyl chloride-based resin compositions stabilized with a hydrotalcite-based stabilizer system. At the time of the filing of the instant invention, a person of ordinary skill in the art would have found it obvious to use butyl acrylate or 2-ethylhexyl acrylate, as taught by Kawaguchi et al., as the second monomer of the polyvinylchloride containing copolymer, as taught by Nosu et al., and would have been motivated to do so because Kawaguchi et al. teaches that vinyl chloride-butyl acrylate copolymer and vinyl chloride-2-ethylhexyl acrylate copolymer are conventionally known copolymer resins suitable for combination with a hydrotalcite-based/metallic soap-based/β-diketone stabilizer system of the same general type as that of Nosu et al. (¶10), and because it is obvious to choose a known material based on its suitability for its intended use. MPEP 2144.07.
Correspondence
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANGELA C SCOTT whose telephone number is (571)270-3303. The examiner can normally be reached Monday-Friday, 8:30-5:00, EST.
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/ANGELA C SCOTT/Primary Examiner, Art Unit 1767
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