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 .
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.
Claims 2-5 and 9 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.
Claims are confusing as to intent because it can not be definitively ascertained what range of relationship values are intended to be set forth by the claims. Claims set forth ranges of values associated with observational values P2/P1. However, it can not be definitively ascertained how the “P2” and “P1” values used in the ratios are intended to be related, correlated and/or determined in order to give the ranges of ratio values meaning as a definitive limitation in any patentable sense. While it appears the numerator (P2) of the ratio may be setting forth proportions of porosity amounts (or, perhaps, percentages) for the second observation area defined, claims do not definitively set forth what measurement criteria are used. Further, in setting forth the denominator (P1) claims do not definitively set forth what measurement criteria are used as well. Moreover, in the recitations concerning P1 it can not be definitively be ascertained what aspect is being measured or how “an opening” of the first observation area is intended to be correlated with the pore proportion values of the second observation area in order to give the undefined and unitless ranges of P2/P1 values any definitively determinable meaning in any patentable sense.
Appropriate correction is required.
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) 1-10 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by JP-2020-140185 {hereon reference will be made to equivalent MIYAUCHI et al., US 2021/0003953}.
MIYAUCHI discloses a single layer, tetrafluoroethylene-perfluoroalkyl vinyl ether copolymer resin membrane materials having a first surface and second surface as claimed {see abstract, drawings, paras [0077]-[0109] and Examples}. Though specific water resistance, moisture permeability, porosity communication and surface observation criteria as claimed are not specifically disclosed by MIYAUCHI, owing to the closeness of the material make-ups of the disclosed layer materials involved and the manners in which they are formed, it is held that the resinous layer materials as defined by MIYAUCHI would inherently possess the resistance, permeability, communication and surface observation features as defined by applicants’ claims. Regarding claim 7, thicknesses meeting the requirements of this claim are disclosed {see para [0144]}.
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Sadana is cited for its disclosure of relevant porous fluoropolymer articles in the related arts.
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
Prosecution Insights