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 .
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 08/10/2026 has been entered.
Claims 1-3, 6, 7, 9-11, 13-25, 27-32, are pending and being examined.
Response to Amendment
The previous rejection of Claim 26 under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement is/are withdrawn in light of the Applicant’s arguments.
The previous rejection of Claim(s) 1-4, 6, 7, 9-10, 12-19, 26 and 27, under 35 U.S.C. 102(a)(1) as being anticipated by WO 2019/018352 A1 in which US 2020/0181387 A1 to Jiang et al. is used as a US equivalent below. (hereinafter Jiang) is/are withdrawn in light of the Applicant’s arguments.
The previous rejection of Claim(s) 1-7, 9, 10, 12-19, and 26-27, under 35 U.S.C. 102(a)(1) as being anticipated by US 4,713,418 A to Logothetis et al. (hereinafter Logothetis) as evidenced by KKM Uszczelnienia, “PFA,” accessed 04/22/2026 at https://uszczelnieniatechniczne.pl/en/pfa-2/#:~:text=Perfluoroalkoxy%20(PFA)%20resins%20are%20produced,called%20%E2%80%9Ccold%20flow%E2%80%9D, (hereinafter KKM), Topda, “Polyfluoroalkyoxy (PFA),” accessed 04/22/2026 at https://www.fluorochemie.com/products/fluororesins/polyfluoroalkoxy-pfa, (hereinafter Topda), and Fiildtekii, “PFA Manufacturer Process,” 11/26/2025, PFA accessed 04/22/2026 at https://fiildtekii.com/sys-nd/69.html, (hereinafter Fiildtekii) is/are withdrawn in light of the Applicant’s arguments.
The previous rejection of Claim(s) 1-10, 13-19, 26 and 27, under 35 U.S.C. 103 as being unpatentable over JP 2015-034278 A to Abe et al. (hereinafter Abe) is/are withdrawn in light of the Applicant’s arguments.
The previous rejection of Claim(s) 1-4, 6, 7, 9-10, 12-15, 17-19, 26 and 27, is/are rejected under 35 U.S.C. 103 as being unpatentable over US 2008/0097035 A1 to Takahashi et al. (hereinafter Takahashi) is/are withdrawn in light of the Applicant’s arguments.
The previous rejection of Claim(s) 1-11, 13-27, under 35 U.S.C. 103 as being unpatentable over WO 2015/098339 A1 to Osumi et al. (hereainfter Osumi) and in further view of US 2021/0309813 A1 to Tucker et al. (hereinafter Tucker) is/are withdrawn in light of the Applicant’s arguments.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(d):
(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph:
Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
Claims 6, 7, 9 and 10, are rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends.
Claim 6 recites, “wherein the semi-crystalline fluoroplastic is a thermoplastic co-polymer.” However, claim 1 already recites “the semi-crystalline fluoroplastic is a thermoplastic co-polymer…” Thus, claim 6 fails to further limit claim 1.
Claims 7, 9, and 10, are dependent claims which fail to alleviate the issues above.
Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements.
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) 20-25, is/are rejected under 35 U.S.C. 103 as being unpatentable over WO 2015/098339 A1 to Osumi et al. (hereainfter Osumi) and in further view of WO 2019/018352 A1 in which US 2020/0181387 A1 to Jiang et al. is used as a US equivalent below. (hereinafter Jiang) and/or
Regarding claims 20-25, Osumi teaches a method of forming crosslinked rubber moldings by a first crosslinking step of partially crosslinking a rubber composition to form a moldable first crosslinked product, and a second crosslinking step of subjecting the first crosslinked product to ionizing radiation to form a second crosslinked product (See abstract). The rubber composition comprises a 145 parts (84.7 wt%) if fluoroelastomers tetrafluoroethylene(TFE)-propylene polymer (FKM2) and fluorine-based elastomer,(See Examples 2), a peroxide crosslinking agent (para 52), with 6 parts (3 wt% of total composition) of a co-crosslinking agent of triallyl isocyanurate (para 52 and Example 2), and a 20 parts (11.7 wt%) of thermoplastic fluororesin (examples 2-8), such as tetrafluoroethylene-perfluoroalkyl vinyl ether copolymer (PFA) (para 28), which meets the claimed semi-crystalline fluoroplastic. Osumi further teaches that the above ionizing radiation is at a dose of 10-500 kGy (para 41), and after the second crosslinking step, the second crosslinked product is further heat treated at a temperature of 100-320 deg C, which meets the ionizing and heat aging steps of claims 20-25 and the above of triallyl isocyanurate meets the claimed radiation crosslinking promoter and amount of claims 1, 16, 20, and 27.
Osumi does not explicitly teach wherein the semi-crystalline fluoroplastic has a melting point of 290-340 deg C with a density of 1.5-3 g/ml.
However, Jiang teaches a curable composition comprising an amorphous fluoropolymer, a peroxide cure system with a type II coagent, and a photoinitiator, which is cured by actinic radiation (See abstract). Specifically, Jiang teaches in Example 6, a composition of 22.6 parts (74.8 wt%) of a fluoropolymer 3 (a polymer blend of an amorphous fluoropolymer with a fluoroelastomer portion of vinylidene fluoride and hexafluoropropylene, See Table 1), 6.8 parts (22.5 wt%) of a fluoroplastic of tetrafluoroethylene and perfluoropropylvinylether (PFA 6502TAZ, melting point 308 deg C, semicrystalline, density 2.15 g/cm3), triallyl isocyanurate (TAIC), 2,5-bis(tert-butylperoxy)-2,5-dimethylhexane (DBPH), and bis(2,4,6-trmethylbenzoyl)phenylphosphine oxide (Iragacure 819) is mixed and applied as a coating upon a polyimide film and the coating is cured with exposure to actinic radiation with a UV lamp. (para 193, See Table 5). The above fluoropolymer 3 meets the claimed elastomeric fluoropolymer, the above PFA 6502TAZ meets the claimed semi-crystalline fluoroplastic with m.p. of 308 deg C and a density of 2.15 g/mL, and the triallyl isocyanurate meets the claimed radiation crosslinking promoter with three ethylenic double bonds. Jiang further teaches the above fluorinated polymers are high temperature plastics that improve processing and final product performance such as elasticity and physical tensile strength. (para 81).
It would have been obvious to one ordinarily skilled in the art before the effective date of the claimed invention to further include the PFA 6502TAZ of Jiang in the composition of Osumi because Jiang teaches the same field of use of curable fluoropolymer compositions of the Applicant’s invention, and Jiang further teaches the above fluorinated polymers are high temperature plastics that improve processing and final product performance such as elasticity and physical tensile strength. (para 81).
Regarding the heat aging duration range, the step of heat ageing appears to be a properties testing procedure in relation to testing the tensile strength properties of the crosslinked product. Thus, the duration of the heat aging would have been obvious to one ordinarily skill in the art because heat ageing temperature and length of time is chosen to test strength properties and would have been obvious by the optimization of ranges through routine experimentation. See MPEP 2144.05.
In regard to the tensile strength properties of the crosslinked product after heat ageing, one skilled in the art would have a reasonable expectation for the crosslinked composition of Osumi and Jiang to have the claimed tensile strength properties because Osumi and Jiang teaches a substantially identical composition to the claimed invention such as Osumi teaches the same fluororesin composition blend of the elastomeric fluoropolymer and semi-crystalline fluoroplastic and Jiang teaches the semicrystalline fluoroplastic with the same melting point range and density, and Osumi teaches the same radiation crosslinking promoter, and further teaches the fluororesin composition is crosslinked by an irradiation dose of 10-500 kGy with a post cure heat of 100-320 deg C, and the Applicant further teaches that the irradiation dose level range of 5-100 kGy gives the crosslinked composition its improved tensile strength properties. (See para 33 of US publication). See MPEP 2112.01. (Where the claimed and prior art products are identical or substantially identical in structure or composition, or are produced by identical or substantially identical processes, a prima facie case of either anticipation or obviousness has been established. In re Best, 562 F.2d 1252, 1255, 195 USPQ 430, 433 (CCPA 1977)).
Allowable Subject Matter
Claims 1-3, 11, 13-19, 27-32, are allowed.
Claims 6, 7, 9 and 10, would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, set forth in this Office action.
The following is a statement of reasons for the indication of allowable subject matter:
The closest prior art of record above, does not teach a semi-crystalline fluoroplastic having a melting point of greater than 290 deg C to 340 deg C and wherein the semi-crystalline fluoroplastic comprises a co-polymer grafted with anhydride functional groups and having a density between 1.5-3 g/ml.
Response to Arguments
Applicant’s arguments with respect to claim(s) 20-25 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to HA S NGUYEN whose telephone number is (571)270-7395. The examiner can normally be reached Mon-Fri, Flex schedule 7:30am-4:00pm.
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/HA S NGUYEN/Primary Examiner, Art Unit 1766
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