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
Claims 12 and 13 remain withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to nonelected inventions, there being no allowable generic or linking claim.
Claim Rejections - 35 USC § 102
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.
Claim(s) 1-11 is/are rejected under 35 U.S.C. 102(a)(1)/(a)(2) as being anticipated by Apostolo et al. (USPN 6,310,142).
In col. 2, lines 11-21 and col. 3, lines 17-35, Apostolo et al. teach producing a latex (aqueous dispersion) of the semicrystalline fluoropolymer, being a filler, prepared by polymerizing a fluorine-containing monomer, including such as tetrafluoroethylene (TFE) and vinylidene fluoride (VDF), with fluorine-containing monomers having hydrophilic groups (page 3, lines 27-40), in the presence of at least one comonomer with ethylene unsaturation in amounts ranging from 0.01% to 10% by moles, exemplified by (meth)acrylic acid, with iodinated and/or brominated chain transfer agents (col. 5, lines 21-31) in an aqueous medium;
wherein the fluoropolymer has an average particle size of 10 to 100 nm.
Applicant defines the product of the claimed process as a elastomer, which is consistent with the nanoparticles of the semicrystalline fluoropolymer reinforcing fillers in the fluroelastomer matrix of Apostolo et al.
Thus, the requirements for rejection under 35 U.S.C. 102(a)(1)/(a)(2) are met.
Response to Arguments
Applicant's arguments filed on 7/06/2026 have been fully considered but they are not persuasive.
Applicant appears to be attempting to make a distinction about the semicrystalline fluoropolymer filler not being a fluoroelastomer. However, firstly, the claims are to the process and not the product. As long as the steps of the claimed process are met, the claims are met. Secondly, the semicrystalline fluoropolymer filler is not excluded as an elastomer; the composition and process for preparing the semicrystalline fluoropolymer filler is consistent with the present claims.
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 KELECHI CHIDI EGWIM whose telephone number is (571)272-1099. The examiner can normally be reached M-Th 9-7.
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, Robert Jones can be reached at (571) 270-7733. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/KELECHI C EGWIM/ Primary Examiner, Art Unit 1762 KCE
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