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 § 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 appl icant regards as his invention. Claims 1-7, 23 and 24 are 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 1 claims polymer (I), polymerization unit (I), and a monomer represented by general formula (I). Then, later in the claim, a structure is given with the identification (I). It is unclear whether the chemical structure is polymer (I), polymerization unit (I), or the monomer represented by general formula (I) , since they are all identified by “(I)”. Claim 2 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. The claim does not specify a method for obtaining the viscosity. 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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention. Claim(s) 1 , 2, 4, 5 and 7 is/are rejected under 35 U.S.C. 102 (a)(2) as being anticipated by Nanba et al. (WO 2019/168183) . US 2020/0392266 is being used as an English equivalent to WO 2019/168183 since it is a national stage entry of the international application. Regarding claim 1: Nanba et al. t e ach a coating material [0552-0553] comprising a fluororesin , an aqueous medium, [Examples] and 0 ppm of the claimed polymer (I) [Examples]. 0 ppm is within the claimed range of 2,000 ppm by mass or less. Regarding claim s 2 and 5 : Since the composition is the same as claimed it will possess the claimed properties . The courts have stated that a chemical composition and its properties are inseparable. Therefore, if the prior art teaches the identical chemical structure, the properties applicant discloses and/or claims are necessarily present. In re Spada, 911 F.2d 705, 15 USPQ2d 1655, (Fed. Cir. 1990). See also In re Best, 562 F.2d 1252, 195 USPQ 430, (CCPA 1977). "Where the claimed and prior art products are identical or substantially identical in structure or composition, or are produced by identical or substantially identical processes, a prima facie case of either anticipation or obviousness has been established." Further, if it is the applicant's position t hat this would not be the case, evidence would need to be provided to support the applicant's position . Regarding claim 4: Na n ba et al. teach that the fluororesin is polytetrafluoroethylene [0017, 0024, 0261, 0783; Claim 12; Examples]. Regarding claim 7: Na n ba et al. teach a nonionic surfactant [0218, 0238, 0725, 0774]. Claim Rejections - 35 USC § 103 The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action: A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made. The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows: 1. Determining the scope and contents of the prior art. 2. Ascertaining the differences between the prior art and the claims at issue. 3. Resolving the level of ordinary skill in the pertinent art. 4. Considering objective evidence present in the application indicating obviousness or nonobviousness . Claim (s) 1-7, 23 and 24 is/are rejected under 35 U.S.C. 103 as being unpatentable over Nanba et al. (WO 2019/168183) . US 2020/0392266 is being used as an English equivalent to WO 2019/168183 since it is a national stage entry of the international application. Regarding claim s 1 , 3 and 6 : Nanba et al. t e ach a coating material [0552-0553] comprising a fluororesin , a n aqueous medium, [Examples] and a polymer (1) comprising a polymerized unit (1) derived from a monomer represented by the general formula (1): [0019-0022]. Where the Rf of Nanba et al. is a difluoromethylene group (i.e., a CF2 group), and the A of Nanba et al. comprises any of the structures described in [0123], the structure of the monomer of Nanba et al. reads on the claimed structure (I). This is because in such a case, the -CZ2-O- group of Nanba et al. reads on the claimed "R," wherein "R is a linking group." -CZ2-O- is a linking group because it connects the vinyl group to the rest of the molecule. In this case, Rf similarly reads on the "CZ1Z2" linkage of the instant claim when Z¹ and Z² are both fluorine. Nanba et al. teaches that the total solids content of the aqueous dispersion is between 1.0 and 70% by mass [0543]. Further, Nanba et al. teaches that the dispersion solids consist of both the polymer (1) and the fluoropolymer solids [0544], and that the amount of polymer (1) is between 0.0001 and 20% by mass based on the amount of polytetrafluoroethylene [ 0 470]. Therefore, the amount of polytetrafluoroethylene in the composition may range from 0.83% to 69.993%, which overlaps the claimed ranges of the content of polymer (I) and the content of the fluororesin of claim 3. 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. Regarding claim 2: Nanba et al. teach adding surfactants to adjust the viscosity [0740, 0742, 0749]. Since the composition is the same as claimed, the claimed viscosity is obtainable. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to add surfactant to obtain the desired viscosity. Regarding claim 4: Nanba et al. teach polytetrafluoroethylene [0017, 0024, 0261, 0783; Claim 12; Examples]. Regarding claim 5: Since the composition is the same as claimed, it will possess the claimed stability retention time. The courts have stated that a chemical composition and its properties are inseparable. Therefore, if the prior art teaches the identical chemical structure, the properties applicant discloses and/or claims are necessarily present. In re Spada, 911 F.2d 705, 15 USPQ2d 1655, (Fed. Cir. 1990). See also In re Best, 562 F.2d 1252, 195 USPQ 430, (CCPA 1977). "Where the claimed and prior art products are identical or substantially identical in structure or composition, or are produced by identical or substantially identical processes, a prima facie case of either anticipation or obviousness has been established." Further, if it is the applicant's position t hat this would not be the case, evidence would need to be provided to support the applicant's position . Regarding claim 7: Na n ba et al. teach a nonionic surfactant [0218, 0238, 0725, 0774]. Regarding claim 23: Nanba et al. teach a film forming agent [0752]. Regarding claim 24: Nanba et al. teach a binder resin [0638]. Double Patenting The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg , 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman , 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi , 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum , 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel , 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington , 418 F.2d 528, 163 USPQ 644 (CCPA 1969). A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA. A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b). The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13. The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA/25, or PTO/AIA/26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer . Claims 1-7, 23 and 24 are rejected on the ground of nonstatutory double patenting a s being unpatentable over claims 1-13 of U.S. Patent No. 12,466,905 . Although the claims at issue are not identical, they are not patentably distinct from each other . Con tact 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. Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /JOHN E USELDING/ Primary Examiner, Art Unit 1763