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 1-11 in the reply filed on 1/12/2026 is acknowledged.
Claims 12 and 13 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to nonelected inventions, there being no allowable generic or linking claim.
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 fluorine-containing elastomer in an aqueous dispersion 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 fluorine-containing elastomer has an average particle size of 10 to 100 nm; and
wherein the fluorine-containing monomer is polymerized at temperatures as low as 25°C. and at pressures up to 10 MPa, wherein the Mooney viscosity (ML1 + 10 (100°C)) ranges from 15 to 44 (See Tables 1 and 3).
Thus, the requirements for rejection under 35 U.S.C. 102(a)(1)/(a)(2) are met.
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.
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/KELECHI C EGWIM/ Primary Examiner, Art Unit 1762 KCE