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 U.S.C. § 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 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.
Claims 1-7 are rejected under 35 U.S.C. § 102(a)(1) as being anticipated by JP 2007-045970 A (herein “Nakai”). The attached computer-generated English translation of Nakai is referred to herein. Nakai was cited on Apr. 25, 2025 in the corresponding European patent application.
As to claims 1-3 and 5: Nakai describes methods of producing fluoroelastomers (see ¶ [0001] of the translation). Nakai describes an example (see Production Example 4 in ¶¶ [0081]-[0082] of the translation) comprising polymerizing vinylidene fluoride (corresponding to the presently recited methylene group in a main chain), tetrafluoroethylene, and hexafluoropropylene in an aqueous medium in the presence of the polymerizable surfactant CH₂=CFCF₂OCF(CF₃)CF₂OCF(CF₃)COONH₄ which is according to the presently recited chemical formula (A). The process further includes adding portions of the surfactant during polymerization (see the penultimate sentence of ¶ [0081]), corresponding to the presently recited feeding after initiation of polymerization.
As to claim 4: The cited polymer includes 50 mol% of units of vinylidene fluoride (see ¶ [0082]).
As to claim 6: The cited method includes feeding about 200 ppm of the surfactant during polymerization (see the amounts in the first and penultimate sentences of ¶ [0081]).
As to claim 7: The cited method does not include a disclosure of further surfactants.
Allowable Subject Matter
Claims 8-9 are objected to as being dependent upon a rejected base claim, but they would be allowable if written in independent form.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to RICHARD A. HUHN whose telephone number is (571)270-7345. The examiner can normally be reached Monday through Friday, 9 AM to 6 PM EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Arrie (Lanee) Reuther can be reached at (571) 270-7026. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/RICHARD A. HUHN/Primary Examiner, Art Unit 1764
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