,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 .
DETAILED ACTION
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 2/6/26 has been entered.
Response to Amendment
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
The amendment is supported by the original disclosure and overcomes all previous rejections.
The previous restriction has been maintained.
Claim Rejections - 35 USC § 103
Claim(s) 1, 4, 6-7, and 10-12 is (are) rejected under 35 U.S.C. 103 as being unpatentable over Nataniel et al. (US 20050165211) in view of Hoffmann et al (US 20060235190) listed on IDS and ISR.
As to claims 1, 4, 6-7, and 10-12, Nataniel (claims, abs., examples, 3, 5-9, 11, 26-27) discloses a mold comprising a polyamide comprising C36 dimer acid, sebacic acid, C36 dimer amine (34.85 wt%), and a diamine, such as ethylene diamine or C2-8 diamines, such as hexamethylene diamine. The C2-8 diamines is greater than 50 mol% or 80 mol%, which would inherently yield the claimed wt% loading of claim 10.
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Natanil is silent on the claimed C9-12 diamine of claims 1, 7, and 10 and terephthalic acid of claim 6.
In the same area of endeavor of producing molds comprising a polyamide comprising dimer acid and terephthalic acid, Hoffmann (claims, abs., EX1-3, table 1, 1-2, 5-6, 9, 12) teaches a polyamide having high melting points and increased toughness comprising exemplary terephthalic acid, exemplary Pripol 1012 (C36 dimer acid), and C4-18 diamines such as 1,10-deaminodecane or hexamethylene diamine (exemplary loadings of 26% wt., 28wt%, or 21 wt%, Table 1 EX1-3), which exhibits a melting point of at least 290 °C (claim 8), overlapping with the claimed range. It has been found that where claimed ranges overlap ranges disclosed by the prior art, a prima facie case of obviousness exists - see MPEP 2144.05.
Therefore, as to claims 1, 4, 6-7, and 10-12, it would have been obvious to one of ordinary skill in the art to have modified the polyamide disclosed by Nataniel and replaced sebacic acid with terephthalic acid and hexamethylene diamine with 1,10-deaminodecane (with the aforementioned loading) in view of Hoffmann, because the resultant process would yield increased melting point and toughness.
The references are silent on the claimed flexibility and melting point of claim 1. Accordingly, the examiner recognizes that not all of the claimed effects or physical properties are positively stated by the references. However, the references teach a composition containing the claimed components in the claimed amounts prepared by substantially similar components. Therefore, one of ordinary skill would have a reasonable expectation that the claimed effects and physical properties, i.e. flexibility and melting point, would necessarily flow from a composition containing all of the claimed components in the claimed amounts prepared by a substantially similar polyamide. 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. See In re Best, 562 F.2d 1252, 1255, 195 USPQ 430, 433 (CCPA 1977); In re Spada, 911 F.2d 705, 709, 15 USPQ2d 1655, 1658 (Fed. Cir. 1990); see also MPEP § 2112.01(I)-(II). If it is the applicant’s position that this would not be the case: (1) applicant must provide evidence to support the applicant’s position, and (2) it would be the examiner’s position that the application contains inadequate disclosure on how to obtain the claimed effects or properties with only the claimed components in the claimed amounts by the disclosed or claimed process.
Response to Arguments
The argument for allowance of amended claims has been fully considered but not persuasive.
Applicant’s argument in the A/F amendment has been rendered moot in view of new ground rejection. It is duly notified no argument has been submitted with the RCE.
Therefore, the previous restriction has been maintained.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SHANE FANG whose telephone number is (571)270-7378. The examiner can normally be reached on Mon-Thurs. 8am-6pm.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Randy Gulakowski can be reached on 571.572.1302. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/SHANE FANG/Primary Examiner, Art Unit 1766