Claims 1-9 are pending in the application. Claims 1-9 are rejected.
All of the rejections have been withdrawn in view of the present amendment and response.
New ground of rejection is made in view of newly discovered reference to Guo et al. (CN 113004506).
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.
Claims 1-9 are rejected under 35 U.S.C. 103 as being unpatentable over US 2020/0010659 to Fujiwara (hereinafter “Fujiwara”) in view of CN 113004506 to Guo et al. (hereinafter “Guo”).
Fujiwara discloses a vinyl chloride resin composition for a surface skin of an automobile instrument panel, comprising a vinyl chloride resin, a plasticizer and a copper oxide (abstract, and paragraph 109). A content of the plasticizer is 80 to 200 parts by mass relative to 100 parts by mass of the vinyl chloride resin (paragraph 84). This is within the claimed range. The plasticizer comprises a polyester plasticizer such as an adipic acid polyester (paragraph 79).
Fujiwara does not explicitly disclose the polyester plasticizer including adipic acid structural units and polyhydric alcohol structural units wherein the polyhydric alcohol structural units comprise 100 mol% of 2-methyl-1,3-propanediol (MPD).
Guo, however, discloses a polyester plasticizer for a vinyl chloride resin composition, comprising a reaction product of an adipic acid and MPD with a mixing ratio of 1.12:1 to 1.20: 1 (abstract). MPD is present in an amount of 100 mol% of a polyhydric alcohol. As an environmentally friendly plasticizer, the polyester plasticizer is excellent in heat resistance, and migration resistance.
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to use a polyester plasticizer disclosed in Guo for the polyester plasticizer disclosed in Fujiwara, motivated by the desire to provide an environmentally friendly plasticizer excellent in heat resistance and migration resistance.
As to claim 2, Fujiwara discloses that a content of the plasticizer is 80 to 200 parts by mass relative to 100 parts by mass of the vinyl chloride resin (paragraph 84).
As to claim 3, Fujiwara discloses that the plasticizer including a primary plasticizer and a secondary plasticizer (paragraph 82). The primary plasticizer includes a polyester plasticizer (paragraph 79). The secondary plasticizer is an epoxidized soybean oil in an amount of 5 parts by mass relative to 100 parts by mass of the vinyl chloride resin (paragraph 82 and table 1). The combined content of the primary and secondary plasticizers is 80 to 200 parts by mass (paragraph 84) resulting in the primary polyester plasticizer being present in the range of 75 to 195 parts by mass. The polyester plasticizer thus constitutes 93.8 mass % to 97.5 mass% of the total plasticizers.
As to claims 4 and 5, Fujiwara discloses that the vinyl chloride resin composition is used in powder slush molding (paragraph 17).
As to claims 6 and 7, Fujiwara discloses that a vinyl chloride resin molded product obtained through molding of the vinyl chloride resin composition for a surface skin of an automobile instrument panel (paragraph 17).
As to claim 8, Fujiwara discloses that a laminate comprising a foamed polyurethane molded product and the vinyl chloride resin molded product (paragraphs 107-108).
As to claim 9, Fujiwara discloses that the laminate is used for an automotive instrument panel (paragraph 109).
Response to Arguments
The rejections over Koube; and Fujiwara in view of Koube have been withdrawn in view of the present amendment and response. Koube discloses a polyester plasticizer obtained by reacting a diol component (a) consisting of 100 parts by mole of 2-methyl-1,3-propanediol, and 10 to 1000 parts by mole of 3-methyl-1,5-pentanetiol; with a dicarboxylic acid component (b) consisting of 100 parts by mole of an adipic acid, and 0 to 100 parts by mole of other dicarboxylic acid; and a chain terminator (c) consisting of a monovalent aliphatic alcohol or a monovalent aliphatic organic acid (abstract). Koube fails to disclose the polyester plasticizer wherein the polyester only includes 2-methyl-1,3-propanediol as the polyhydric alcohol.
However, new combination of Fujiwara and Guo suggests the claimed invention.
Claims 1-9 are rejected under 35 U.S.C. 103 as being unpatentable over US 2021/0363343 to Takesada (hereinafter “Takesada”) in view of Guo.
Takesada discloses a vinyl chloride resin composition for powder molding, comprising 100 parts by mass of a vinyl chloride resin, 120-200 parts by mass of a polyester-based plasticizer, and 4-23 parts by mass of an acrylic polymer (abstract). The content of the polyester-based plasticizer is within the claimed range.
Takesada does not explicitly disclose the polyester-based plasticizer including adipic acid structural units and polyhydric alcohol structural units wherein the polyhydric alcohol structural units comprise 100 mol% of 2-methyl-1,3-propanediol.
Guo, however, discloses a polyester plasticizer for a vinyl chloride resin composition, comprising a reaction product of an adipic acid and MPD with a mixing ratio of 1.12:1 to 1.20: 1 (abstract). MPD is present in an amount of 100 mol% of a polyhydric alcohol. As an environmentally friendly plasticizer, the polyester plasticizer is excellent in heat resistance, and migration resistance.
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to use a polyester plasticizer disclosed in Guo for the polyester plasticizer disclosed in Takesada, motivated by the desire to provide an environmentally friendly plasticizer excellent in heat resistance and migration resistance.
As to claim 2, Takesada discloses that a content of the polyester-based plasticizer is 120 to 200 parts by mass relative to 100 parts by mass of the vinyl chloride resin (abstract).
As to claim 3, Takesada discloses that the content of the polyester in the plasticizer is 100 mass% (table 1).
As to claims 4 and 5, Takesada discloses that the vinyl chloride resin composition is used in powder slush molding (paragraph 1).
As to claims 6 and 7, Takesada discloses that a vinyl chloride resin molded product obtained through molding of the vinyl chloride resin composition for a surface skin of an automobile instrument panel (paragraphs 75 and 78).
As to claim 8, Takesada discloses that a laminate comprising a foamed polyurethane molded product and the vinyl chloride resin molded product (paragraph 76).
As to claim 9, Takesada discloses that the laminate is used for an automotive instrument panel (paragraphs 75 and 78).
Response to Arguments
The rejection over Takesada in view of Koube has been withdrawn in view of the present amendment and response. Koube discloses a polyester plasticizer obtained by reacting a diol component (a) consisting of 100 parts by mole of 2-methyl-1,3-propanediol, and 10 to 1000 parts by mole of 3-methyl-1,5-pentanetiol; with a dicarboxylic acid component (b) consisting of 100 parts by mole of an adipic acid, and 0 to 100 parts by mole of other dicarboxylic acid; and a chain terminator (c) consisting of a monovalent aliphatic alcohol or a monovalent aliphatic organic acid (abstract). Koube fails to disclose the polyester plasticizer wherein the polyester only includes 2-methyl-1,3-propanediol as the polyhydric alcohol.
However, new combination of Takesada and Guo suggests the claimed invention.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Hai Vo whose telephone number is (571)272-1485. The examiner can normally be reached M-F: 9:00 am - 6:00 pm with every other Friday off.
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/Hai Vo/
Primary Examiner
Art Unit 1788
Prosecution Insights