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
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 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.
Claims 1-8 are rejected under 35 U.S.C. 103 as being unpatentable over Pousthomis, et al. US 2021/0139770 A1, in view of Funaki, et al., US 2004/0001956 A1.
As per Claim 1, Pousthomis teaches a copolymer (¶ 394) comprising:
a structural unit (A) derived from 1,2-difluoroethylene (¶ 505);
a structural unit (B) derived from tetrafluoroethylene (¶¶ 505, 512); and
a structural unit (C) represented by the following structural formula (1): where R1 is fluorine, a partly or wholly fluorinated hydrocarbon group having 5 or less carbon atoms, or OR5 group, where R5 group is a partly or wholly fluorinated hydrocarbon group having 5 or less carbon atoms, and R2, R3 and R4 are each independently hydrogen or fluorine (¶¶ 512, 1611).
Pousthomis does not expressly teach: that a copolymerization ratio between the structural unit (A) and the structural unit (B) is 10/90 to 85/15 mol%; and that a content of the structural unit (C) is 0.1 to 30 mol% relative to a total amount of resin. Funaki teaches:
that a copolymerization ratio between the structural unit (A) and the structural unit (B) is 10/90 to 85/15 mol% (¶ 22); and
that a content of the structural unit (C) is 0.1 to 30 mol% relative to a total amount of resin (¶¶ 14-15).
At the time of the invention, a person of skill in the art would have thought it obvious to prepare the copolymer of Pousthomis according to guidelines such as Funaki teaches, in order to improve heat resistance and stress cracking resistance.
As per Claim 2, Pousthomis teaches a material having a refractive index of 1.320 to 1.380 (¶ 469).
As per Claim 3, Pousthomis teaches a total light transmittance of 80% or more (¶¶ 455-456) and a haze value of 45% or less when formed into a pressed sheet having a thickness of 0.5 mm (¶ 1393).
As per Claim 4, Pousthomis does not expressly teach a melting point of 100°C or more. Funaki teaches a melting point of 100°C or more (¶ 62). See Claim 1 above for the rationale based on obviousness, motivations and reasons to combine.
As per Claim 5, Pousthomis does not expressly teach that the structural unit (C) is a structure derived from at least one monomer selected from the group consisting of hexafluoropropylene, 2,3,3,3-tetrafluoropropene, 1,3,3,3-tetrafluoropropene (Z-form) and 1,3,3,3-tetrafluoropropene (E-form), and perfluoromethyl vinyl ether. Funaki teaches that the structural unit (C) is a structure derived from at least one monomer selected from the group consisting of hexafluoropropylene, 2,3,3,3-tetrafluoropropene, 1,3,3,3-tetrafluoropropene (Z-form) and 1,3,3,3-tetrafluoropropene (E-form), and perfluoromethyl vinyl ether (¶¶ 17-19). See Claim 1 above for the rationale based on obviousness, motivations and reasons to combine.
As per Claim 6, Pousthomis teachtes that the content of the structural unit (C) is 4.0 to 27 mol% relative to the total amount of resin (¶ 556).
As per Claim 7, Pousthomis teaches that the formed article is a film (¶¶ 1559-1562), a sheet, a tube, a hose, a sealing material, an electric wire coating material, an optical fiber cable, or a melt-spun fiber.
As per Claim 8, Pousthomis teaches that the 1,2-difluoroethylene from which the structural unit (A) is derived, has a purity of 99.5 mass% or more (¶¶ 1655-1656).
Conclusion
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ATUL TRIVEDI
Primary Examiner
Art Unit 3661
/ATUL TRIVEDI/Primary Examiner, Art Unit 3661
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