DETAILED ACTION
This office action follows a response filed on February 26, 2026. Claims 1, 2, 3, and 6 were amended. Claims 1-6 are pending.
Claim Rejections - 35 USC § 102 / 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claims 1-5 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Ijpeij et al. (US 7,956,140).
Example III-A in Table 7 of Ijpeij et al. discloses a copolymer comprising units derived from ethylidene norbornene, vinyl norbornene and ethylene and prepared in the presence of a catalyst comprising the transition metal compound (Me5Cp)TiMe2(NC(t-Bu2)) and MAO. The transition metal compound corresponds to claimed compound represented by formula (1) in which Ra1 to Ra5 is methyl and the sum of carbons is 5, M is Ti, Ra6 and Ra7 are each a C1-C20 alkyl group.
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Ijpeij et al. (US 7,956,140).
The discussion of the disclosure of the prior art from the preceding paragraph is incorporated here by reference. Ijpeij et al. is silent with regard to DSC characteristics of the resulting polymer. In light of the fact that prior art method is substantially the same as that described in instant claims, including the type of monomer and catalyst, reasonable basis exists to believe that the polymer of the prior art will exhibit substantially the same property. Since the PTO cannot perform experiments, the burden is shifted to the Applicants to establish an unobviousness difference. In re Best, 562 F.2d 1252, 1255, 195 USPQ 430, 433 (CCPA 1977). In re Spada, 911 F.2d 705, 709, 15 USPQ2d 1655, 1658 (Fed. Cir. 1990). See MPEP § 2112-2112.02.
Response to Arguments
The rejection of claims under 35 U.S.C. 102(a)(2) as being unpatentable over Komatsu et al. (US 2023/0312786), set forth in paragraph 17 of the previous office action dated November 10, 2025, has been withdrawn.
The rejection of claims under 35 U.S.C. 102(a)(2) as being unpatentable over Ijpeij et al. (US 7,956,140), set forth in paragraph 18 of the previous office action, has been overcome by amendment. New grounds of rejection based on amended claims is presented above.
The obviousness type double patenting rejection as being unpatentable over, and not patentably distinct from, claims of copending Application No. 18/006,803, set forth in paragraphs 20 and 21 of the previous office action, have been withdrawn in view of claim amendments.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 Rip A. Lee whose telephone number is (571)272-1104. The examiner can be reached on Monday through Friday from 9:00 AM - 5:00 PM. 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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/RIP A LEE/Primary Examiner, Art Unit 1762 March 24, 2026
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