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 with traverse of Group II and Species A VDF-HFP copolymer, Species B viscosity modifier additive in the reply filed on 8/4/26 is acknowledged. The traversal is on the ground(s) that the insoluble content is not related to the gel content of the VDF polymer per se but to the insoluble content of the film comprising the mixture of VDF and pyridinium salts. This is not found persuasive because the claimed property is “having a fraction of insoluble component in DMA at 45C greater than 60% by weight” and this does not specify anything about gels. Bossolo dissolves the specimen in DMA and LiBr and measured the insoluble content resulting from this. The specimen seems to be a film comprising the polymer, see [0208]. It is unclear what else the insoluble content can be related to other than the insoluble content of the film wherein the film is only made from polymer (A). Applicant’s arguments are thusly not found persuasive.
The requirement is still deemed proper and is therefore made FINAL.
Claims 2, 8-14 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected group/species, there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on 8/4/26.
Priority
The claims have an effective date of the filing of the foreign priority: 12/21/20
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 6/21/23 has been considered by the examiner.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 7, and its dependents, is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 7 has the limitation “and the like” which renders the claim indefinite because it is unclear what “and the like” encompasses. It is unclear if this refers just to the non-fluorinated surfactants, or, is related to the any “like” additive. Since ‘non-fluorinated surfactants’ includes any and all non-fluorinated surfactants it is unclear what else would be embraced by ‘and the like’ here, and, it is unclear what other additives could be embraced other than those listed.
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.
Claim(s) 1, 3-6, 15-16 is/are rejected under 35 U.S.C. 102a1 as being anticipated by Bossolo (WO 2018/077669 wherein US 2020/0056064 is used as an equivalent English translation).
Bossolo discloses coating compositions (title) used for electrochemical (battery) cell components such as composite separators (abstract). Bossolo exemplifies 3 vinylidene fluoride (VDF) polymer compositions that have a DMA insoluble content of greater than 60%, see Examples 4, 13 and 21 of Table 3.
Example 21 has an insoluble content of 82% and uses polymer A6 which is 94% VDF and 6 mol% hexafluoropropylene (HFP) (the elected species of copolymer)
Example 4 of Table 3 has an insoluble content of 71% and uses polymer A1 which is 96 mol% VDF and 3 mol% HFP
Example 13 of Table 3 has an insoluble content of 69% and uses polymer A3 which is 99 mol% VDF, 1 mol% HFP and 1 mol% acrylic acid.
All of the fluoroelastomers of Bossolo are disclosed to have a low degree of crystallinity, below 20% by volume [0055]. The latex polymers of the examples are all aqueous compositions [0208].
Elements above anticipate claims 1, 3-6, 15-16. Viscosity modifiers may be added [0174], this being the only element picked, anticipating claim 7
Conclusion
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/ALICIA BLAND/ Primary Examiner, Art Unit 1759
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