DETAILED ACTION
In response to Amendments/Arguments filed 6/26/2026. Claims 1 and 3-11 are pending. Claims 9-11 are withdrawn. Claims 1 and 3-8 are examined thusly.
Response to Amendment
The Declaration under 37 CFR 1.132 filed 6/26/2026 is sufficient to overcome the rejection of claims 1 and 3-8 based upon Bacino and Bacino in view of Xu et al.
Double Patenting
Claims 1 and 3-8 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-7 of U.S. Patent No. 12138842 in view of Xu et al. (US 8557883).
Although the claims at issue are not identical, they are not patentably distinct from each other because both sets of claims are directed to at least a PTFE porous film having overlapping bubble points and further properties that are the same. While it is noted that the ‘842 claims recite a tensile strength but is silent to whether this is in the machine or cross direction and the ratio thereof, since the further properties are the same and the materials are the same, the CD and MD when measured would overlap and in scope as well, resulting in a ratio that also would overlap in scope. The ‘842 claims are silent to the use of a PTFE copolymer.
Xu discloses an expandable TFE copolymer product. The TFE copolymer comprises tetrafluoroethylene and a comonomer at a content of less than 1 mol%, wherein the comonomer can be a perfluoro(alkyl vinyl ether) as claimed (cols. 5-7; Tables 3-5; e.g. Example 9). The addition of a comonomer at the amount as claimed allows for imparting different chemical or physical properties to the expanded article (cols. 9-12). As such, it would have been obvious to one of ordinary skill in the art to use a TFE copolymer in order to provide an article with different chemical and physical properties.
Response to Arguments
Applicant’s arguments, see pp. 69, filed 6/26/2026, with respect to the 35 USC 102(a)(1) and 103 rejections under Bacino and in view of Xu have been fully considered and are persuasive. The rejections of the claims have been withdrawn. Examiner acknowledges the 1.132 declaration filed 6/26/2026 overcomes the previous rejection.
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.
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PRASHANT J. KHATRI
Primary Examiner
Art Unit 1783
/PRASHANT J KHATRI/Primary Examiner, Art Unit 1783
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