DETAILED ACTION
This communication responds to the Amendment filed June 17, 2025. Claims 6-12 are currently pending.
Claims 1-5 have been CANCELLED by Applicant.
The rejections of claims 6 and 7 under 35 USC 112 set forth in the Office Action dated March 24, 2025 are WITHDRAWN due to Applicant’s responsive amendments.
The rejections of claims 6 and 7 under 35 USC 103 are MAINTAINED for the reasons set forth below. For clarity, the rejections are set forth in full.
New claims 8-12 are REJECTED for the reasons set forth below.
This action is final.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claims 6-12 are rejected under 35 U.S.C. 103 as being unpatentable over McGinnis et al. (US 2002/0035225) in view of Fukushi et al. (WO 2017/218731) and Du et al., “Fluoropolymer synthesis in supercritical carbon dioxide,” J. of Supercritical Fluids 47 (2009) 447-457.
Regarding claims 6-8, 11, and 12, McGinniss teaches forming pressure sensitive adhesives on a substrate by polymerizing the PSA monomer while dispersed or dissolved in liquid or supercritical CO2. (Abs.; paras. [0019], [0022], [0023].) For a PSA to bind two substrates, pressure must necessarily be applied. McGinnis further teaches that the resulting PSA composition is also dispersed in supercritical CO2. (claims 7-9, 12-14.)
The difference between McGinniss and claims 6 and 7 is that, although McGinniss generally teaches that a fluorinated reactant may be included in the PSA (see Abs.), McGinniss does not explicitly teach the presence of a fluoroelastomer. However, fluoroelastomers as PSAs are known in the art. For example, Fukushi teaches a fluorinated polymer such as a tetrafluoroethylene/perfluoromethyl vinyl ether copolymer that is a PSA. (p. 23, lines 16-23; p. 12, lines 6-13.) Such a PSA may be used to bind substrates such as electrolyte membranes, a gas diffusion layer, or both (which are porous membranes). (See Abs.; p. 24, lines 31-36.) It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate or use the amorphous fluoropolymers of Fukushi in the method of McGinniss because Fukushi is a known PSA that is soluble in CO2 (see Du, p. 448), and because McGinniss generally teaches the presence of fluorinated reactants.
Regarding claims 9 and 10, McGinnis is silent as to the temperature at which the substrates are bound via the PSA. However, in general, differences in concentration or temperature will not support the patentability of subject matter encompassed by the prior art unless there is evidence indicating such concentration or temperature is critical. "[W]here the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation." (MPEP 2144.05(II)(A) (quoting In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA 1955)).) In this instance, a person of ordinary skill would have been motivated to find the optimal temperature for adhesion, and would recognize that it should be lower than the melting point of any polymer to minimize flowing of the PSA from between the substrates, which would lower the adhesion quality.
Response to Arguments
Applicant's arguments have been fully considered but they are not persuasive. Applicant comments on the benefits of the disclosed PSA (see Remarks, pp. 5-6), and essentially argues that McGinnis “does not disclose or suggest that two or more base materials are bonded to each other in the presence of carbon dioxide in a liquid state or a gas-liquid mixture state” (see id. at p. 7).
The examiner disagrees. As discussed above, McGinnis teaches only the formation of the PSA in supercritical CO2, it also teaches that the resulting PSA composition is also dispersed in supercritical CO2. (claims 7-9, 12-14.) Thus, McGinnis teaches that the adhesive composition comprises the disclosed PSA in supercritical CO2.
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 CATHERINE S BRANCH whose telephone number is (571)270-3539. The examiner can normally be reached Monday through Friday.
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CATHERINE S. BRANCH
Primary Examiner
Art Unit 1763
/CATHERINE S BRANCH/Primary Examiner, Art Unit 1763