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 .
This office action is in response to applicant’s amendments filed September 4, 2026. Claims 1-21 are pending. Claims 12-21 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim.
The objection to the drawings and specification are withdrawn in view of applicant’s submission of corrected drawings.
Claims 1-9 and 11 stand rejected on the ground of nonstatutory double patenting as being unpatentable over claims of U.S. Patent No. US 12,227,663 because the terminal disclaimer submitted was improper.
Claims 1-11 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1,4-8 and 16 of U.S. Patent No. US 12,552,922 because the terminal disclaimer submitted was improper.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1-9 and 11 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims of U.S. Patent No. US 12,227,663. Although the claims at issue are not identical, they are not patentably distinct from each other because The patent comprises a composition with overlapping components and percentages for A and B including a1), a2), b1) and b2) and additives such as flame retardants. One of ordinary skill in the art at the time the invention was made could select prom the disclosed MFR2 ranges and density ranges, contents of A) and B) and a1), a2), b1) and b2) from the ranges and ratios disclosed in the patent.
Claims 1-11 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1,4-8 and 16 of U.S. Patent No. US 12,552,922. Although the claims at issue are not identical, they are not patentably distinct from each other because the patent comprises a composition with overlapping components and percentages for A and B including a1), a2), b1) and b2) and additives such as flame retardants. One of ordinary skill in the art at the time the invention was made could select prom the disclosed MFR2 ranges and density ranges, contents of A) and B) and a1), a2), b1) and b2) from the ranges and ratios disclosed in the patent.
Allowable Subject Matter
The claims will be allowable after addressing the double patenting rejections. The closest prior art of record are Kahlen (WO 2015/169690) and Defoer (EP 3031853) and while the Kahlen teaches blending virgin and recycled polyolefin plastomers with overlapping density and melt flow rates (MFR) and Defoer teaches combining the claimed ethylene plastomer and polypropylene-ethylene copolymer, the prior art do not teach or fairly suggest a specific polymer composition comprising a recycled coated polyolefin fabric substrate at the claimed concentration wherein the coating is defined by the components a1) and a2) and the claimed concentration of a virgin polyolefin composition B) containing b1) and b2).
Terminal Disclaimer
The terminal disclaimers submitted on September 4, 2026 are improper because the application being disclaimed, 17/768,960, has been improperly identified as 17/768980. Since the number used to identify the application being disclaimed is incorrect, the terminal disclaimers must be resubmitted with the correct application number, 17/768,960.
Response to Arguments
The claims stand rejected in view of the double patenting rejections recited above because of a typographical error in the instant application number. Please correct and resubmit the terminal disclaimers. No new fee is required.
Conclusion
THIS ACTION IS MADE FINAL. 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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to AMINA S KHAN whose telephone number is (571)272-5573. The examiner can normally be reached Monday-Friday, 9am-5:30pm EST.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Angela Brown-Pettigrew can be reached at 571-272-2817. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/AMINA S KHAN/Primary Examiner, Art Unit 1761
Prosecution Insights