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 Amendments
The claims filed 1/21/2026 contain an amendment that is not specified in the claim set. The claim 14 of 8/25/2025 recites a range of 60 to 75 wt% of cross-linking accelerator (C). However, claim 14 of 1/21/2026 recites a range of 6 to 75 wt% of cross-linking accelerator (C). The Applicant is reminded that all claim amendments must be specified in the claim set. It is noted that Withdrawn claim 26 was amended in the same manner, without any notation.
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim(s) 14-16, 18-20, 22, 24 and 27 is/are rejected under 35 U.S.C. 103 as being unpatentable over Borke et al. (6,197,864).
Regarding claims 14-16 and 19-20: Borke et al. teach a cross-linkable polymer composition comprising (A1) EVTEOS (ethylene-vinyltriethoxysilxane), (B) 0.3 wt% dibutyltin dilaurate, and (C) 8 wt% Mg(OH)2 (Example 1).
Borke et al. teach including other monomers in their copolymer, such comonomers include methyl acrylate, ethyl acrylate, and n-butyl acrylate as being particularly useful (column 3, line 62 to column 4, line 13).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use methyl acrylate, ethyl acrylate, or n-butyl acrylate as a comonomer in the production of the copolymer of Borke et al.
Regarding claim 18: Borke et al. teach aluminum trihydrate or hydrated alumina in the claimed amount (column 10, lines 5-20; claim 6). Borke et al. also teach 8 wt% Mg(OH)2 (Example 1).
Regarding claim 22: Borke et al. teach 6 wt% of antimony oxide.
Regarding claim 24: Borke et al. teach a crosslinked polymer composition (Examples).
Regarding claim 27: Borke et al. teach adding aluminum trihydroxide (column 6, lines 20-24) as a synergist, and adding alumina trihydrate to improve the flame retardance (column 10, lines 15-17). Since Borke et al. teach 8 wt% Mg(OH)2 (Example 1), and the claimed range of 6 to 75wt% is very broad, the amount of claimed component (C) of Borke et al. will be within the claimed range.
Response to Arguments
Applicant's arguments filed 01/21/2026 have been fully considered but they are not persuasive.
The Applicant’s arguments are all directed towards Meverden. However, since the Applicant has amended the claimed range of (C) back to 6 to 75 wt%, the rejection of Borke et al. is again applicable to the instant claims. In Borke et al. multiple selections are not required, since all of the limitations of claim 14 are anticipated, except for the comonomer.
Conclusion
Applicant's amendment necessitated the 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.
Contact Information
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOHN USELDING whose telephone number is (571)270-5463. The examiner can normally be reached on M-F 8am to 6:30pm.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Joseph Del Sole can be reached on 571-272-1130. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JOHN E USELDING/ Primary Examiner, Art Unit 1763