DETAILED ACTION
This office action is in response to a Request for Continued Examination filed January 27, 2026 in regards to a 371 application filed December 13, 2021 claiming priority to PCT/JP2020/023418 filed June 15, 2020 and to foreign application JP2019-111156 filed June 14, 2019. Claims 1 and 3 have been amended. Claim 2 has been cancelled without prejudice. Claims 1 and 3-6 are pending and currently being examined.
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 .
Response to Argument
In view of the Remarks and Amendments of claim 1, the rejections of claims 1 and 3-6 under 35 USC § 103 have been withdrawn over Ota et al. (CN 1030080217 A) and new rejections of claims 1 and 3-6 under 35 USC § 103 over Ota et al. (US 2012/0077924 A1) have been made.
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) 1 and 3-6 are rejected under 35 U.S.C. 103 as being unpatentable over Ota et al. (US 2012/0077924 A1).
In regards to claims 1 and 3-6, Ota et al. disclose a fluororubber composition comprising vinylidene fluoride (VdF) monomer, perfluoro(alkyl vinyl ether) (PAVE) units, and tetrafluoroethylene (TFE) units in the molar ratio of (40 to 80) / 15 to 35) / (3 to 40) mol% and preferably (48 to 85) / (52 to 15) / (1 to 10) mol% of VdF / PAVE / TFE [0031, 0037-0038] which overlaps the instant application examples of Table 1 as well as Ota et al. disclose the number average molecular weight is particularly preferably 20,000 to 500,000 which overlaps the number average molecular weight of the instant application examples of Table 1. Ota et al. disclose the same carbon black, peroxide crosslinker (PERHEXA 25B), and crosslinking aid of triallyl isocyanurates (TAIC) in the non-limiting examples [0087-0091; Examples 1-3] as used in the instant examples of Table 2. Ota et al. use the same RPA 2000 rubber process analyzer as the instant application to measure the storage elastic modulus, G’, though Ota et al. measure G’ at 1% and 100% strain at 100°C [0164] while the instant claims measure the G’ at 100°C and 180°C to generate the difference δG’ (=G’(100°C) – G’(180°C)).
Since Ota et al. teach substantially identical VdF / TFE / PAVE copolymers with similar molar ratios, and comprise the same carbon black, TAIC, peroxide crosslinker as the recited claimed, one of ordinary skill in the art at the time of invention was made, would have expected that the compound properties of Ota et al. will be the same as claimed (i.e., δG’ (=G’(100°C) – G’(180°C)) of between 40 kPa and 175 kPa). If there is any difference between the product of Ota et al. and the product of the instant claims the difference would have been minor and obvious. “Products of identical chemical composition cannot have mutually exclusive properties.” A chemical composition and its properties are inseparable. Therefore, if the prior art teaches the identical chemical structure, the properties applicant discloses and/or claims are necessarily present. See MPEP 2112.01(I).
Ota et al. disclose the fluororubber composition is used as a sealing material such as gaskets and contact and non-contact packing materials in basic electrical components of electrical equipment, of control systems, and of accessories to provide heat resistance, oil resistance, and fuel oil resistance, as well as used in analytical/scientific instruments, fuel cells, and atomic power plant equipment as well as a membrane for semiconductor devices, pressure switches, artificial hearts, actuator diaphragms, and battery membranes [0126-0159].
Conclusion
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/RONALD GRINSTED/Examiner, Art Unit 1763
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