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 .
Claim Rejections - 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.
Claim(s) 1-5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Sumi et al. (2003/0114615) in view of Sato et al. (2009/0038821).
Regarding claims 1-2: Sumi et al. teach a copolymer comprising a tetrafluoroethylene unit (A) and a perfluoro(propyl vinyl ether) (B), wherein the molar ratio of (A)/(B) is in the range of from 98.1/1.9 to 95.0/5.0; and a melt flow rate at 372°C of 35 to 60 g/10 min [0006-0008; Examples].
Sumi et al. teach ranges that overlap the claimed mass percent of perfluoro (propyl vinyl ether) and the claimed melt flow rate.
The subject matter as a whole would have been obvious to one having ordinary skill in the art prior to the effective filing date of the claimed invention, since it has been held that choosing the overlapping portion, of the range taught in the prior art and the range claimed by the applicant, has been held to be a prima facie case of obviousness, see In re Malagari, 182 USPQ 549, In re Geisler 43 USPQ2d 1365 (Fed. Cir. 1997); In re Woodruff, 16 USPQ2d 1934 (CCPA 1976) and MPEP 2144.05.
Sumi et al. fail to teach the total number of claimed functional groups per main chain carbon atoms.
However, Sato et al. teach an analogous copolymer, wherein when the total number of unstable terminal groups (--COF, --COOH, --COOCH3, --CONH2 and –CH2OH) [0040] is less than 10 per 1 x 106 main-chain carbon atoms the thermal stability and electrical characteristics are improved [0039].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use less the claimed functional groups in an amount of less than 10 per 1 x 106 main-chain carbon atoms as taught by Sato et al. in the copolymer of Sumi et al. to improve the thermal stability and electrical characteristics.
Regarding claim 3: Sumi et al. teach an injection molded article [0027, 0029; Examples].
Regarding claims 4-5: Sumi et al. teach a coating for an electric cable [0028], which is deemed to meet the limitation of a coated electrical wire.
Terminal Disclaimer
The terminal disclaimer filed on 6/26/2026 disclaiming the terminal portion of any patent granted on this application which would extend beyond the expiration date of U.S. Patent No. 12,459,177 has been reviewed and is accepted. The terminal disclaimer has been recorded.
Response to Arguments
Applicant's arguments filed 6/26/2026 have been fully considered but they are not persuasive.
The applicant has made the argument that Sumi teaches that Mw/Mn is controlled within a desired range, and has alleged that the fluorination of the copolymer disclosed in Sato would alter the Mw/Mn. This is not persuasive because the skilled artisan is able to keep the Mw/Mn within the desired range of Sumi to provide excellent mechanical properties and injection moldability, while also applying the fluorination treatment for the purpose of reducing unstable terminal groups. The applicant has not demonstrated that the fluorination treatment necessarily makes it impossible to remain within the desired Mw/Mn range of Sumi.
The applicant has alleged the unexpected result of excellent carbon dioxide low permeability, chemical solution low permeability, and tensile creep property at high temperatures. This is not persuasive for the following reasons.
The claims are not commensurate in scope with the data provided.
The comparative data is lacking, with only one comparative example outside of the claimed range (Comparative Example 4), at 320 functional groups per 106 main-chain carbon atoms. Comparative Example 4 has similar, or better, results when compared with the inventive and comparative examples that have the claimed number of functional groups.
The applicant has not demonstrated unexpected results over the closest prior art, which is Sumi et al.
Conclusion
THIS ACTION IS MADE FINAL. 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.
Contact Information
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOHN USELDING whose telephone number is (571)270-5463. The examiner can normally be reached on M-F 8am to 6:30pm.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Joseph Del Sole can be reached on 571-272-1130. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JOHN E USELDING/ Primary Examiner, Art Unit 1763
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