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 with traverse of Group I. in the reply filed on 1/5/2026 is acknowledged. The traversal is on the ground(s) that copolymer having characteristics as claimed are not anticipated or obvious by the art. This is not found persuasive because, as Office is not in position to run experiments to verify make-ups in accommodation of the claim recitations, applicants assertions are insufficient in demonstrating non-obviousness difference as required from the burden rightly placed upon them for restriction purposes.
The requirement is still deemed proper and is therefore made FINAL.
Claims 13-15 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected grouping of invention, there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on 1/5/2026.
Claim Rejections - 35 USC § 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 (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 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.
Claim(s) 1-12 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by CN112280089.
CN112280089 discloses copolymers having polyamide and polyether blocks (PEBA) as claimed having Vicat softening temperatures (VST) as claimed, along with hardness values as claimed[note claim 6]{see Example 4}. Though crystallinity characteristics and other block copolymer arrangements as claimed are not specifically identified by CN112280089, owing to the closeness of the compositional make-ups of the copolymers as well as their identified VST and hardness values, it is held that these characteristics and arrangements as claimed are inherently met by the copolymers of CN112280089. Regarding claims 8-12, CN112280089 discloses particles as defined by these claims, including those having densities as claimed [note claim 10], as well as shaped articles including shoe soles meeting the requirements as claimed{see abstract and Example 4}. Further, regarding claim 9, though particle sizes and shapes are not particularly specified by CN112280089, owing to the closeness of the make-up of the particles and articles formed therefrom, it is held that the particles of CN112280089 would inherently possess the shapes and sizes set forth by this claim. Moreover, in light of the closeness of the particles disclosed and articles formed, it is held that sizes and shapes as claimed are seen to be of the most readily envisioned constitution suited to for preparing the articles of the instant concern, and difference in any patentable sense is not seen evident.
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Keppeler et al. is cited for its disclosure of closely related copolymer particles, as well as their readily recognized/envisioned shapes and sizes, in the art.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to John Cooney whose telephone number is 571-272-1070. The examiner can normally be reached on M-F from 9 to 6. If attempts to reach the examiner by telephone are unsuccessful, the examiner's supervisor, Heidi Riviere Kelley, can be reached on 571-270-1831. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/JOHN M COONEY/ Primary Examiner, Art Unit 1765
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