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. in the reply filed on 11/10/2025 is acknowledged.
Claims 8 & 9 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected grouping of invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 11/10/2025.
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) 1-7 and 10 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Zhang et al.(20200317881).
Zhang et al. discloses peroxidically crosslinking ethylene-vinyl acetate (EVA) copolymer; at least one foaming agent; at least one peroxide compound, and wax which meet the requirements of applicants’ claims and amounts meeting the requirements of the claims {see abstract, paras [0031]-[0051], the Examples, including Example 4, and Table 1A}. [Note: Example 4 - Zhang et al. also discloses a composition comprising 45% by weight of Elvax 460 (MFI 2.5), 2% by weight of Elvax 260 (MFI 6), 15% by weight of OBSH, 6% by weight of peroxide and 2.2% by weight of Microsere 5999A wax. Regarding claim 3 , peroxides as claimed are disclosed {paras [0034] and [0035] and Example 4}. Regarding claim 4, foaming agents as claimed are disclosed {paras [0031]-[0033]}. Regarding claim 5, waxes as claimed are disclosed and preferred {para [0051] and Example 4}. Regarding claim 6, in that the products of Zhang et al. are combined compositions and claims are directed towards finally formed compositions, they are not distinguished by the alternative embodiment of this claim that components, particularly (b), (c) and (d), may be included in a batch. Regarding claims 7 and 10, filled, molded parts are formed that are sufficient to meet the functions recited by these claims {para [0002] and claims}.
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Vignola et al., Walton et al. and Lieber et al. are cited for their disclosure of relevant crosslinkable resins and materials used in the associated arts.
Conclusion
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/JOHN M COONEY/Primary Examiner, Art Unit 1765