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
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 11 and 13-15 are rejected under 35 U.S.C. 103 as being unpatentable over Seifert et al. (WO2022/008710A1) [hereinafter Seifert] in view of Okura et al. (JP2022077582A) [hereinafter Okura].
Regarding claims 11 and 13-15, Seifert discloses an artificial turf structure (Fig. 6), comprising artificial turf (504) and impact-cushioning particles (602) comprising a poly(3-hydroxybutyrate) resin component (page 22, lines 5-12), wherein gaps between piles of the artificial turf are filled with the impact cushioning particles (Fig. 6).
Seifert fails to teach the poly(3-hydroxybutyrate) resin component comprising a copolymer component (A), the copolymer component (A) comprising a copolymer (A-1) and/or a copolymer (A-2), an average content of hydroxyalkanoate units other than 3-hydroxybutyrate units in the poly(3-hydroxybutyrate) resin component is from 10 to 25 mol%, the copolymer (A-1) is a copolymer of 3-hydroxybutyrate units and other hydroxyalkanoate units, wherein a content of the other hydroxyalkanoate units is from 1 to less than 10 mol%, and the copolymer (A-2) is a copolymer of 3-hydroxybutyrate units and other hydroxyalkanoate units, wherein a content of the other hydroxyalkanoate units is 24 mol% or more, wherein a content of the copolymer (A-1) and/or copolymer (A-2) is at least 50 wt% based on a total weight of the poly(3-hydroxybutyrate) resin component, wherein the poly(3-hydroxybutyrate) resin component has a melting point of from 120oC to 170oC, and wherein the other hydroxyalkanoate units are 3-hydroxyhexanoate units.
Okura teaches a polyhydroxyalkanoate-based resin composition comprising a poly(3-hydroxybutyrate) resin component comprising a copolymer component (A), the copolymer component (A) comprising a copolymer (A-1) and/or a copolymer (A-2), an average content of hydroxyalkanoate units other than 3-hydroxybutyrate units in the poly(3-hydroxybutyrate) resin component is from 10 to 25 mol%, the copolymer (A-1) is a copolymer of 3-hydroxybutyrate units and other hydroxyalkanoate units, wherein a content of the other hydroxyalkanoate units is from 1 to less than 10 mol%, and the copolymer (A-2) is a copolymer of 3-hydroxybutyrate units and other hydroxyalkanoate units, wherein a content of the other hydroxyalkanoate units is 24 mol% or more, wherein a content of the copolymer (A-1) and/or copolymer (A-2) is at least 50 wt% based on a total weight of the poly(3-hydroxybutyrate) resin component, wherein the poly(3-hydroxybutyrate) resin component has a melting point of from 120oC to 170oC, and wherein the other hydroxyalkanoate units are 3-hydroxyhexanoate units (paragraphs [0017-0028] [0042], [0046],[0057],[0058,[0063]; Example 2; claims 1-6) for the purpose of providing a composition with improved impact resistance.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the poly(3-hydroxybutyrate) resin component of the impact-cushioning particles in Seifert to comprise a copolymer component comprising a copolymer (A-1) and/or a copolymer (A-2), an average content of hydroxyalkanoate units other than 3-hydroxybutyrate units in the poly(3-hydroxybutyrate) resin component is from 10 to 25 mol%, the copolymer (A-1) is a copolymer of 3-hydroxybutyrate units and other hydroxyalkanoate units, wherein a content of the other hydroxyalkanoate units is from 1 to less than 10 mol%, and the copolymer (A-2) is a copolymer of 3-hydroxybutyrate units and other hydroxyalkanoate units, wherein a content of the other hydroxyalkanoate units is 24 mol% or more, wherein a content of the copolymer (A-1) and/or copolymer (A-2) is at least 50 wt% based on a total weight of the poly(3-hydroxybutyrate) resin component, wherein the poly(3-hydroxybutyrate) resin component has a melting point of from 120oC to 170oC, and wherein the other hydroxyalkanoate units are 3-hydroxyhexanoate units as suggested by Okura in order to provide particles with improved impact resistance.
Claims 11 and 13-17 are rejected under 35 U.S.C. 103 as being unpatentable over Nedi et al. (US 2024/0301632A1) [hereinafter Nedi] in view of Okura et al. (JP2022077582A) [hereinafter Okura].
Regarding claim 11 and 13-15, Nedi discloses an artificial turf structure (Fig. 1), comprising artificial turf (2) and impact-cushioning particles (4) comprising a poly(hydroxybutyrate) resin component (paragraph [0050]), wherein gaps between piles of the artificial turf are filled with the impact cushioning particles (Fig. 1).
Nedi fails to teach the polyhydroxybutyrate resin component comprising a poly(3-hydroxybutyrate) resin component comprising a copolymer component (A), the copolymer component (A) comprising a copolymer (A-1) and/or a copolymer (A-2), an average content of hydroxyalkanoate units other than 3-hydroxybutyrate units in the poly(3-hydroxybutyrate) resin component is from 10 to 25 mol%, the copolymer (A-1) is a copolymer of 3-hydroxybutyrate units and other hydroxyalkanoate units, wherein a content of the other hydroxyalkanoate units is from 1 to less than 10 mol%, and the copolymer (A-2) is a copolymer of 3-hydroxybutyrate units and other hydroxyalkanoate units, wherein a content of the other hydroxyalkanoate units is 24 mol% or more, wherein a content of the copolymer (A-1) and/or copolymer (A-2) is at least 50 wt% based on a total weight of the poly(3-hydroxybutyrate) resin component, wherein the poly(3-hydroxybutyrate) resin component has a melting point of from 120oC to 170oC, and wherein the other hydroxyalkanoate units are 3-hydroxyhexanoate units.
Okura teaches a polyhydroxyalkanoate-based resin composition comprising a poly(3-hydroxybutyrate) resin component comprising a copolymer component (A), the copolymer component (A) comprising a copolymer (A-1) and/or a copolymer (A-2), an average content of hydroxyalkanoate units other than 3-hydroxybutyrate units in the poly(3-hydroxybutyrate) resin component is from 10 to 25 mol%, the copolymer (A-1) is a copolymer of 3-hydroxybutyrate units and other hydroxyalkanoate units, wherein a content of the other hydroxyalkanoate units is from 1 to less than 10 mol%, and the copolymer (A-2) is a copolymer of 3-hydroxybutyrate units and other hydroxyalkanoate units, wherein a content of the other hydroxyalkanoate units is 24 mol% or more, wherein a content of the copolymer (A-1) and/or copolymer (A-2) is at least 50 wt% based on a total weight of the poly(3-hydroxybutyrate) resin component, wherein the poly(3-hydroxybutyrate) resin component has a melting point of from 120oC to 170oC, and wherein the other hydroxyalkanoate units are 3-hydroxyhexanoate units (paragraphs [0017-0028] [0042], [0046],[0057],[0058,[0063]; Example 2; claims 1-6) for the purpose of providing a composition with improved impact resistance.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the poly(hydroxybutyrate) resin component of the impact-cushioning particles in Nedi to comprise poly(3-hydroxybutyrate) resin component comprising a copolymer component comprising a copolymer (A-1) and/or a copolymer (A-2), an average content of hydroxyalkanoate units other than 3-hydroxybutyrate units in the poly(3-hydroxybutyrate) resin component is from 10 to 25 mol%, the copolymer (A-1) is a copolymer of 3-hydroxybutyrate units and other hydroxyalkanoate units, wherein a content of the other hydroxyalkanoate units is from 1 to less than 10 mol%, and the copolymer (A-2) is a copolymer of 3-hydroxybutyrate units and other hydroxyalkanoate units, wherein a content of the other hydroxyalkanoate units is 24 mol% or more, wherein a content of the copolymer (A-1) and/or copolymer (A-2) is at least 50 wt% based on a total weight of the poly(3-hydroxybutyrate) resin component, wherein the poly(3-hydroxybutyrate) resin component has a melting point of from 120oC to 170oC, and wherein the other hydroxyalkanoate units are 3-hydroxyhexanoate units as suggested by Okura in order to provide particles with improved impact resistance.
Regarding claims 16-17, Nedi discloses 10 to 70 parts by weight of a plasticizer per 100 parts by weight of the total poly(3-hydroxybutyrate) resin component and the plasticizer is a modified glycerin ester compound (paragraphs [0064] and [0067]).
Allowable Subject Matter
Claims 18-19 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims. The following is a statement of reasons for the indication of allowable subject matter: The cited prior art above fails to teach or reasonably suggest the distinct features recited in claims 18 and 19.
Conclusion
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CATHERINE A. SIMONE
Examiner
Art Unit 1781
/Catherine A. Simone/ Primary Examiner, Art Unit 1781
