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 .
Election/Restrictions
Applicant’s election without traverse of Group I, claims 1, 3-5, 10, and 11 in the reply filed on Dec. 18, 2025 is acknowledged.
Claims 6-9, and 12-17 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to nonelected inventions, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on Dec. 18, 2025.
Claim Rejections – 35 U.S.C. § 102
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 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 following is a quotation of the appropriate paragraphs of 35 U.S.C. § 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale or otherwise available to the public before the effective filing date of the claimed invention.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1, 3, 4, and 10 are rejected under 35 U.S.C. §§ 102(a)(1) and 102(a)(2) as being anticipated by US Patent Application Publication No. 2017/0015772 A1 (herein “Watanabe”).
As to claims 1 and 3: Watanabe describes a resin composition (see Working Example 1 in ¶¶ [0108]-[0123]) comprising a copolymer including 96.73 mol % of units of vinylidene fluoride, 2.95 mol % of units of hexafluoropropene, and 0.32 mol % of units of acryloyloxyethyl succinate (see ¶ [0112]), corresponding to about 92.37 wt % of units of vinylidene fluoride, 6.60 wt% of units of hexafluoropropene, and 1.03 mol % of units of acryloyloxyethyl succinate.
Watanabe does not disclose the intrinsic viscosity of the polymer. Because the polymer contains the same repeating units that are presently recited in amounts within the presently recited ranges, there is a reasonable basis to conclude that Watanabe’s polymer would have an intrinsic viscosity within the presently recited range for the same reason that the present polymers have such an intrinsic viscosity.
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. MPEP 2112.01(I).
As to claims 4 and 10: The cited copolymer is dissolved in the solvent dimethyl carbonate (see ¶ [0117]).
Allowable Subject Matter
Claims 5 and 11 are objected to as being dependent upon a rejected base claim, but they would be allowable if written in independent form.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to RICHARD A. HUHN whose telephone number is (571)270-7345. The examiner can normally be reached Monday through Friday, 9 AM to 6 PM EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Arrie (Lanee) Reuther can be reached at (571) 270-7026. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/RICHARD A. HUHN/Primary Examiner, Art Unit 1764