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 .
The previous prior art rejection under Hattori et al (US 20170306134) maintained.
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 12/23/2025 has been entered.
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 9-12, 16 and 18-25 are rejected under 35 U.S.C. 103 as being unpatentable over Hattori
et al (US 20170306134), cited in the previous Office Action as evidences by Cambridge polymer group (CPG).
Amendment to claim 9, changing minimal MFR value from 0.5 g/10 min to 1.9 g/10/min is noted.
Hattori does not teach such limitation in Examples.
However, the reference discloses that the weight average molecular weight (Mw) is typically within a range of 1, 000 to 2, 000 , 000, preferably 25 , 000 to 800 , 000 (see 0086).
CPG evidences that the following formula connects MFI and Mw:
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where MFI (Melt flow index) is MFR and G and x values depend on the polymer type.
Even though Hattori does not teach Mw at MFR value of 1.9, the reference discloses for instance that at MFR of 60 g/10 min is equivalent to Mw 38000,
at MFR of 19 g/10min is equivalent to Mw 54000 and
at MFR of 8 g/10 min is equivalent to Mw 81000.
Thus, when claimed MFR value is 1.9, Mw is clearly more than 100000.
Thus, Hattori’s MFR value corresponds with most preferred range of Mw, cited above, which is within the range of 25000 and 800000.
Therefore, it would have been obvious to a person of ordinary skills in the art before the effective filing date of the invention to expect that at least a part of Hattori’s ionomer MFR values are within the claimed range, because the reference teaches Mw within the range of 25000 to 800000.
The rejection can be found in the NON-FINAL office action mailed 7/3/2025 and is herein incorporated.
Response to Arguments
Applicant's arguments filed 12/23/2025 have been fully considered but they are not persuasive.
Examiner agrees with Applicant that Hattori does not teach the presently claimed MFR range. However, the reference discloses that weight average molecular weight values are within the range of 25 000 to 800 000 (see 0086). As explained in the rejection above, this Mw range corresponds with the claimed MFR values.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to GREGORY LISTVOYB whose telephone number is (571)272-6105. The examiner can normally be reached 9am-5pm EST M-F.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Heidi Riviere Kelley can be reached at (571) 270-1831. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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GL
/GREGORY LISTVOYB/Primary Examiner, Art Unit 1765