Prosecution Insights
Last updated: October 26, 2026
Application No. 18/718,910

A MECHANICAL POLYOLEFIN RECYCLING PROCESS

Non-Final OA §102§112§Other
Filed
Jun 12, 2024
Priority
Dec 22, 2021 — EU 21216996.5 +1 more
Examiner
HUSON, MONICA ANNE
Art Unit
1765
Tech Center
1700 — Chemical & Materials Engineering
Assignee
Borealis AG
OA Round
1 (Non-Final)
80%
Grant Probability
Favorable
1-2
OA Rounds
7m
Est. Remaining
93%
With Interview

Examiner Intelligence

Grants 80% — above average
80%
Career Allowance Rate
1103 granted / 1385 resolved
+14.6% vs TC avg
Moderate +14% lift
Without
With
+13.5%
Interview Lift
resolved cases with interview
Typical timeline
2y 11m
Avg Prosecution
42 currently pending
Career history
1443
Total Applications
across all art units

Statute-Specific Performance

§101
0.5%
-39.5% vs TC avg
§103
45.4%
+5.4% vs TC avg
§102
20.4%
-19.6% vs TC avg
§112
19.6%
-20.4% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1385 resolved cases

Office Action

§102 §112 §Other
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 Rejections - 35 USC § 112 The following is a quotation of 35 U.S.C. 112(b): (b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention. The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph: The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention. Claims 7-8 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention. Claims 7-8 recite the limitation "the aqueous solution (W0) " in lines 4 and 3 (respectively). There is insufficient antecedent basis for this limitation in the claim. 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. Claim(s) 1-6 and 9-13 is/are rejected under 35 U.S.C. 102a1 as being anticipated by Heyde et al. (U.S. Patent Application Publication 2019/0193303). Regarding Claim 1, Heyde et al., hereafter “Heyde,” show that it is known to carry out a mechanical polyolefin recycling process, comprising (Abstract), in the given order, the steps of: a) providing a precursor mixed plastic recycling stream (A) (0019); b) sieving the precursor mixed plastic recycling stream (A) to create a sieved mixed plastic recycling stream (B) having only articles with a longest dimension in the range from 30 to 400 mm (0020, 0022-0023: particle size interpreted to be met since shredding creates particle sizes of 20mm, which would indicate larger particle size before shredding); c) sorting the sieved mixed plastic recycling stream (B) by means of one or more optical sorters wherein the sieved mixed plastic recycling stream (B) is at least sorted by colour (0020, 0026); d) shredding the single-colour sorted polyolefin recycling stream (C) to form a flaked polyolefin recycling stream (D) (0021: communition); e) washing the flaked polyolefin recycling stream (D) with a first aqueous washing solution (W1) without the input of thermal energy, thereby generating a first suspended polyolefin recycling stream (E) (0020-0021); f) removing at least part of the first aqueous washing solution (W1) from the first suspended polyolefin recycling stream (E) to obtain a first washed polyolefin recycling stream (F) (0027); g) washing the first washed polyolefin recycling stream (F) with a second aqueous washing solution (W2) thereby generating a second suspended polyolefin recycling stream (G), wherein sufficient thermal energy is introduced to the second suspended polyolefin recycling stream (G) to provide a temperature in the range from 65 to 95 °C during the washing (0029); h) removing the second aqueous washing solution (W2) and any material not floating on the surface of the second aqueous washing solution from the second suspended polyolefin recycling stream (G) to obtain a second washed polyolefin recycling stream (H) (0030: mechanical dewatering); (i) drying the second washed polyolefin recycling stream (H), thereby obtaining a dried polyolefin recycling stream (I) (0030: drying); k) further sorting the heavy fraction polyolefin recycling stream (J) (0031-0035). Regarding Claim 2, Heyde shows the method of claim 1 above, including one wherein the optical sorters of step c) sort via near-IR spectroscopic analysis (0035). Regarding Claim 3, Heyde shows the method of claim 1 above, including one wherein the shredding of step d) is a wet shredding process, wherein the sorted polyolefin recycling stream (C) is first contacted with an aqueous solution (W0) to provide a suspended sorted polyolefin recycling stream, which is thereafter subjected to shredding (0021). Regarding Claims 4-5, and 12-13, Heyde shows the method of claim 1 above, including one wherein the second aqueous washing solution (W2) is an alkaline aqueous washing solution of sodium hydroxide (0029: since Heyde shows the specific solution it is interpreted that the property pf pH will be inherently met). Regarding Claim 6, Heyde shows the method of claim 4 above, including one wherein the amount of the base in the alkaline aqueous solution is in the range from 0.05 to 10 wt.-% (0029). Regarding Claim 9, Heyde shows the method of claim 1 above, including one wherein the precursor mixed plastic recycling stream (A) originates from post-consumer waste, post-industrial waste, or a combination thereof (0019). Regarding Claim 10, Heyde shows the method of claim 1 above, including one wherein the single-colour sorted polyolefin recycling stream (C) is either a single-colour sorted polyethylene recycling stream or a single-colour sorted polypropylene recycling stream (claim 1). Regarding Claim 11, Heyde shows a mechanical polyolefin recycling apparatus configured for carrying out the mechanical polyolefin recycling process according to claim 1 (0019-0034). Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to MONICA HUSON whose telephone number is (571)272-1198. The examiner can normally be reached M-F 8a-4p. 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, Christina Johnson can be reached at 571-272-1176. 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. MONICA ANNE HUSON Primary Examiner Art Unit 1742 /MONICA A HUSON/Primary Examiner, Art Unit 1742
Read full office action

Prosecution Timeline

Jun 12, 2024
Application Filed
Sep 30, 2026
Non-Final Rejection mailed — §102, §112, §Other (current)

Precedent Cases

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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
80%
Grant Probability
93%
With Interview (+13.5%)
2y 11m (~7m remaining)
Median Time to Grant
Low
PTA Risk
Based on 1385 resolved cases by this examiner. Grant probability derived from career allowance rate.

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