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 .
Election/Restrictions
Applicant’s election without traverse of Group I claims 1-11 in the reply filed on 03/03/2026. is acknowledged.
Claims 12-15 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected claims, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 03/03/2026.
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.
Claim(s) 1-11 are rejected under 35 U.S.C. 103 as being unpatentable over Tsujimoto (US 2021/0017363) in view of Inatomi et al. (JP 2015-193816) or Marissen et al. (US 2011/0083415).
Regarding claims 1-3, Tsujimoto discloses ultrahigh-molecular-weight polyethylene powder of the present invention is an ultrahigh-molecular-weight polyethylene powder having a viscosity-average molecular weight Mv of 10×10.sup.4 or higher and 1000×10.sup.4 or lower (abstract). The average particle size (D50) of the ultrahigh-molecular-weight polyethylene powder of the present embodiment is preferably 40 μm or larger and 200 μm or smaller (para 0052). Tsujimoto discloses the powder having a particle size of 212 μm or larger has an average pore volume of 0.6 ml/g or larger and an average pore size of 0.3 μm or larger: [kneading conditions for obtaining the kneaded product having viscosity-average molecular weight Mv(A)] raw material: a mixture containing 5 parts by mass of the ultrahigh-molecular-weight polyethylene powder and 95 parts by mass of liquid paraffin, and further 1 part by mass of an antioxidant per 100 parts by mass in total of the ultrahigh-molecular-weight polyethylene powder and the liquid paraffin, and conditions: the raw material is kneaded at 130° C. for 30 minutes and then further kneaded at 240° C. for 15 minutes; the heating rate from 130° C. to 240° C. is set to 22° C./min; the number of screw rotations is set to 50 rpm; and the kneading is performed in the nitrogen atmosphere (claim 1). Tsujimoto discloses ultrahigh-molecular-weight polyethylene powder having the predetermined average pore volume and average pore size of the powder having a particle size of 212 μm or larger can be sufficiently impregnated with liquid paraffin so that the molecular chain is disentangled in a short time. As a result, melt kneading at a high temperature can drastically shorten the time necessary for disentangling the molecular chain, and can suppress reduction in the strength of a molded product after heating (para 0053).
However, Tsujimoto fails to disclose that the UHMW polyethylene powder having intrinsic viscosity of 1-38 dL/g.
Whereas, Inatomi discloses ultrahigh-molecular weight polyethylene-made drawing microporous film consisting of an ultrahigh-molecular weight polyethylene having at least intrinsic viscosity ([η]) of 7 dl/g or more and 60 dl/g or less (abstract). Alternatively, Marissen discloses ultrahigh molecular weight polyethylene (UHMWPE) multifilament yarns and to a method for producing thereof. Gel spun UHMWPE multifilament yarns are used in various facets of industry and have obtained wide acceptance, for instance for use in articles such as ropes, nets, composites, cut resistant garments, e.g. gloves but also in anti-ballistic products, e.g. bullet-proof vests and helmets. The invention therefore, also relates to such articles comprising said yarns (para 0001). The UHMWPE used in the process of the invention preferably has an intrinsic viscosity (IV), as measured on solution in decalin at 135.degree. C. of at least 5 dl/g, preferably at least 10 dl/g, more preferably at least 15 dl/g, most preferably at least 21 dl/g. Preferably, the IV is at most 40 dl/g, more preferably at most 30 dl/g, even more preferably at most 25 dl/g. A careful selection of the IV provides a balance between the processability of the UHMWPE solution that is to be spun and the mechanical properties of the obtained monofilaments (para 0053).
It would have been obvious to one of ordinary skill in the art at the time the application was filed to form UHMW polyethylene powder of Tsujimoto having an intrinsic viscosity of 7-60 dL/g or 5-40 dL/g as taught by Inatomi or Marissen respectively motivated by the desire to have desired processability and mechanical properties.
As Tsujimoto in view of Inatomi or Marissen discloses ultra-high molecular weight polyethylene powder having an average particle diameter of 40-200 microns, an intrinsic viscosity of 7-60 dL/g and Tsujimoto discloses ultrahigh-molecular-weight polyethylene powder having the predetermined average pore volume and average pore size of the powder having a particle size of 212 μm or larger can be sufficiently impregnated with liquid paraffin so that the molecular chain is disentangled in a short time. As a result, melt kneading at a high temperature can drastically shorten the time necessary for disentangling the molecular chain, and can suppress reduction in the strength of a molded product after heating which is almost identical to the process used by the applicant in the specification, therefore, the UHMW polyethylene powder would intrinsically have a dissolution time in a range of 5-80 seconds.
The Office realizes that the claimed properties are not positively stated by the reference. However, the reference teaches all of the claimed ingredients, claimed amounts, and substantially similar process of making the claimed composition. Therefore, the claimed properties would be intrinsically capable to be achieved by the UHMW polyethylene powder disclosed by the reference (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 the application contains inadequate disclosure that there is no teaching as to how to obtain the claimed properties with only the claimed ingredients and claimed amounts.
Regarding claim 4, Tsujimoto discloses ultrahigh-molecular-weight polyethylene powder having the predetermined average pore volume and average pore size of the powder having a particle size of 212 μm or larger can be sufficiently impregnated with liquid paraffin so that the molecular chain is disentangled in a short time. As a result, melt kneading at a high temperature can drastically shorten the time necessary for disentangling the molecular chain, and can suppress reduction in the strength of a molded product after heating (para 0053). With respect to the proportion of pores in the powder in a range of 3-70%, When faced with a mixture, one of ordinary skill in the art would be motivated by common sense to select a 1:1 ratio, a ratio that falls within the presently claimed amount, absent evidence of unexpected or surprising results. Case law holds that "[h]aving established that this knowledge was in the art, the examiner could then properly rely... on a conclusion of obviousness, 'from common knowledge and common sense of the person of ordinary skill in the art within any specific hint or suggestion in a particular reference.'" In re Bozek, 416 F.2d 1385, 1390, 163 USPQ 545, 549 (CCPA 1969).
Regarding claim 5, Tsujimoto discloses the ultrahigh-molecular-weight polyethylene powder having the powder having a particle size of 53 μm or smaller at a proportion of less than 40% by mass, when kneaded with liquid paraffin, is melted prior to swelling of a fine powder having a particle size of 53 μm or smaller and thus tends to be able to further reduce the possibility of obtaining an inhomogeneous kneaded product (kneaded gel) ascribable to the fusion of powder particles. As a result, for example, a fiber prepared therefrom tends to be able to produce a thread having a uniform thread diameter, and a membrane prepared therefrom tends to be able to have a uniform film thickness (para 0058) and the average film thickness was in a range of 5-20 microns (para 0247), as the thickness of the film is 5-20 microns, therefore the surface thickness of the powder would intrinsically be in the range of 5-20 microns.
Regarding claim 6, Tsujimoto discloses the powder having a particle size of 212 μm or larger has an average pore volume of 0.6 ml/g or larger and an average pore size of 0.3 μm or larger (claim 1).
In the case where the claimed ranges “overlap or lie inside ranges disclosed by the prior art” a prima facie case of obviousness exists. In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990) (MPEP 2144.05).
Regarding claims 7-8, Tsujimoto discloses the ultrahigh-molecular-weight polyethylene powder has a titanium content of 0.1 ppm or higher and 5 ppm or lower and an aluminum content of 0.5 ppm or higher and 10 ppm or lower (claims 5-6).
Regarding claims 9-11, Tsujimoto discloses ultrahigh-molecular-weight polyethylene powder of the present embodiment can be processed by various methods. A molded article obtained using the polyethylene powder can be employed in various uses. The molded article is not limited and is suitable for, for example, a microporous membrane for secondary battery separators, particularly, a microporous membrane for lithium-ion secondary battery separators, a sintered body, or a high-strength fiber (para 0181).
Conclusion
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/RONAK C PATEL/Primary Examiner, Art Unit 1788
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