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 § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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.
Claim(s) 1, 2, 5, and 6 are rejected under 35 U.S.C. 103 as being unpatentable over Masuda (JP2004161799A- Machine translation provided herein), and further in view of Hikosaka et al. (US20110300364).
Regarding claim 1, Masuda teaches a method for producing a crystalline resin sheet (Abstract: a biaxially oriented polypropylene film having high rigidity in the lengthwise direction of the film, [0048] The crystallization temperature (Tmc) of the polypropylene used for the biaxially oriented polypropylene film of the present invention is preferably 110 ° C. or higher. By setting Tmc within the above range, the spherulite size can be reduced when an unstretched sheet is obtained by cooling from a molten state, and the crystal orientation in the longitudinal direction after longitudinal stretching can be increased, and the film formation stability can be improved), the method comprising:
press-rolling a sheet-shaped molten crystalline resin composition by sandwiching the crystalline resin composition between a pair of pinch rolls (Abstract: A stretched film is obtained, the unstretched film is stretched in the longitudinal direction between rolls provided with a difference in peripheral speed),
wherein the crystalline resin composition contains a crystalline resin ([0046] the polypropylene used for the biaxially stretched polypropylene film of the present invention is mixed with a polypropylene having such a long-chain branch to form a vertically oriented crystal during transverse stretching and [0053]) and a soluble nucleating agent ([0078]-[0079]), and
when a radius of the pair of pinch rolls is denoted by R (while Masuda is silent on the dimension of the pair of pinch rolls, the pair of pinch rolls will inherently possess a radius R), an average thickness of a sheet after press-rolling is denoted by L ([0147] Then, a 15 μm-thick biaxially stretched polypropylene film was obtained), and a sheet take-up speed in the pair of pinch rolls is denoted by V ([0147] The sheet is preheated by passing through a roll maintained at 135 ° C., passed between rolls having a peripheral speed difference maintained at 140 ° C., stretched 9 times in the longitudinal direction, and immediately cooled to room temperature).
Further, Masuda teaches an average elongational strain rate of 60 s-1 ([0138] Here, ε is an extensional stress. The obtained elongational viscosity-elongational strain rate curve and shear viscosity-shear rate curve were each approximated as an exponential function, and a strain rate of 60 s was calculated using these functions..sup.-1Η at.sub.E (60), Η.sub.s (60)I asked. From this, the strain rate is 60 s according to the following equation..sup.-1Ratio at η (η at the same strain rate.sub.EAnd η.sub.sWas calculated).
However, Masuda fails to teach the average elongational strain rate is controller by adjusting the radius of the pair of pinch rolls, the average thickness of a sheet after press-rolling, and the sheet take-up speed in the pair of pinch rolls such that the average elongational strain rate is calculated using the equation strain rate = V/sqrt (RL).
In the same field of endeavor pertaining to forming crystalline resin sheets, Hikosaka teaches the average elongational strain rate is calculated using the equation strain rate = V/sqrt (RL) ([0046]). When the average elongation strain rate exceeds a critical elongation strain rate then polymer crystallization will be facilitated and high crystallinity can be achieved ([0012] Based on these, it is expected that the polymer crystallization will be facilitated and high crystallinity can be achieved if the entire polymer melt becomes the oriented melt by applying a large elongation strain rate which exceeds the "critical" elongation strain rate (called critical elongation strain rate) of the polymer melt).
It would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to have the average elongational strain rate of Masuda calculated by the elongational strain rate formula of Hikosaka, since one of ordinary skill would be motivated to adjust and optimize result effective variables, including the radius of the pair of pinch rolls, the average thickness of a sheet after press-rolling, and the sheet take-up speed in the pair of pinch rolls, to achieve average elongation strain rates that exceed the critical elongation strain rate, which can further facilitate crystallization.
Regarding claim 2, Masuda modified with Hikosaka teaches the method for producing a crystalline resin sheet according to claim 1.
Further, Masuda teaches wherein the sheet-shaped molten crystalline resin composition is obtained by discharging the crystalline resin composition from a die having a slit-shaped opening ([0142] After extruding from a slit-shaped die, winding it around a metal drum and cooling and solidifying it on a sheet).
Regarding claim 5 and claim 6, Masuda modified with Hikosaka teaches the method for producing a crystalline resin sheet according to claim 1.
Further, Masuda teaches a temperature of the crystalline resin composition immediately before press-rolling denoted by Te can be 135 °C or 165 °C (0147] The sheet is preheated by passing through a roll maintained at 135 ° C., passed between rolls having a peripheral speed difference maintained at 140 ° C., stretched 9 times in the longitudinal direction, and immediately cooled to room temperature. Subsequently, the stretched film is introduced into a tenter, preheated at 165 ° C., stretched 7 times in the width direction at 160 ° C., and then heat-set at 160 ° C), a temperature of the pair of pinch rolls denoted by Tr can be 120 °C to 180 °C ([0094] The longitudinal stretching temperature may be appropriately selected from the viewpoints of stable film forming properties, suppression of thickness unevenness, and strengthening in the longitudinal direction, and is preferably 120 to 150 ° C and [0095] The transverse stretching temperature may be appropriately selected from the viewpoint of stable film forming properties, thickness unevenness, and strengthening in the longitudinal direction, and is preferably 150 to 180 ° C), a crystallization temperature of the crystalline resin composition measured by DSC denoted by Tc can be 110 °C to 140 °C ([0048]), and a melting point denoted by Tm is 140 ° C to 170 ° C ([0112]),
such that a value range of (Te-Tm) can is -35 ° C to 25 ° C and a value range of (Tc-Tr) is -70 ° C to 20 ° C.
It would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to adjust Te and Tr such that (Te-Tm) is set 0 ° C to 90 ° C and (Tc-Tr) is set to 0 ° C to 110 ° C by routine optimization (see MPEP 2144.05.II). Masuda teaches a range of temperatures for Te and Tr vary the stretched film’s mechanical properties ([0084] Therefore, optimal film forming conditions and raw materials may be appropriately selected within a range that does not impair the characteristics of the present invention. Y at 25 ° C.sub.MDIs more preferably 2.7 GPa or more, still more preferably 3.0 GPa or more, and most preferably 3.2 GPa or more), such that one of ordinary skill would be motivated to optimize Te and Tr to optimize the stretched film’s mechanical properties
Claim(s) 3 and 4 are rejected under 35 U.S.C. 103 as being unpatentable over Masuda (JP 2004161799A- Machine translation provided herein), Hikosaka et al. (US20110300364), and further in view of Qureshi (US20110024940).
Regarding claim 3, Masuda modified with Hikosaka teaches the method for producing a crystalline resin sheet according to claim 1 or 2. While Masuda teaches the film is wound around a metal drum ([0096] At this time, when a heat seal layer is laminated, it is preferable not to perform corona discharge treatment in order to obtain high heat seal strength. Next, the film is wound up to obtain a biaxially oriented polypropylene film used in the present invention) such that the sheet is peeled off from the pinch rolls after press- rolling, Masuda fails to teach a gas is injected toward a portion where the sheet after press- rolling is separated from the pinch rolls.
In the same field of endeavor pertaining to stretching polymeric films between pinched rollers, Qureshi teaches a gas is injected toward a portion where the sheet after press- rolling is separated from the pinch rolls ([0082] Various lubricants, surfactants or other processing aids can be added to the precursor web 20 or to the roller 104. Other methods of aiding the removal of the web from the roller include air knives or brushing. In one embodiment, roller 104 can have an internal chamber and means to provide positive air pressure at the point of web removal onto roller 102B). The gas promotes the film removal from the pinch rollers ([0082] Other methods of aiding the removal of the web from the roller include air knives or brushing).
It would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to inject a gas toward a portion where the sheet after press- rolling is separated from the pinch rolls, as taught by Qureshi, for the benefit of promoting the film removal from the pinch rollers.
Regarding claim 4, Masuda modified with Hikosaka teaches the method for producing a crystalline resin sheet according to claim 1. However, Masuda fails to teach wherein a peripheral surface of at least one of the pair of pinch rolls is subjected to a mold-release treatment in advance.
In the same field of endeavor pertaining to stretching polymeric films between pinched rollers, Qureshi teaches wherein a peripheral surface of at least one of the pair of pinch rolls is subjected to a mold-release treatment in advance ([0082] If web 1 tends to stick to teeth 110 upon being pulled off of roller 104, various processing aids can be added as necessary. For example, non-stick treatments, such as silicone or fluorocarbon treatments can be added). The mold-release treatment promotes the film removal from the pinch rollers ([0082]).
It would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to subject a mold-release treatment in advance to a peripheral surface of at least one of the pair of pinch rolls, as taught by Qureshi, for the benefit of promoting the film removal from the pinch rollers.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ARIELLA MACHNESS whose telephone number is (408)918-7587. The examiner can normally be reached Monday - Friday, 6:30-2:30 PT.
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/ARIELLA MACHNESS/Examiner, Art Unit 1743