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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
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) 1-11 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kubo et al. (US 2016/0028107).
Regarding claims 1-11: Kubo et al. (US ‘107) discloses Preparation Example 5 [Prep. Ex. 5; 0076] prepares binder solution (5) containing 5 mass% of a HFP (hexafluoropropylene; 150.02 g/mol [0064])/VDF (vinylidene fluoride; 64.03 g/mol [0064]) copolymer (20mol%:80mol% HFP:VDF; corresponding to 37wt%:63wt% HFP:VDF) and butyl butyrate (144.21 g/mol; LogP 2.83 [see instant specification Table 2]) [Prep. Ex. 5; 0076].
As Kubo et al. (US ‘107) discloses a VDF/HFP copolymer (37wt%:63wt% HFP:VDF) [see also instant specification Table 1, polymer A] the claimed effects and physical properties, i.e. (B) having a peak top in a range of 60 °C or higher and lower than 100 °C in a DSC curve obtained by differential thermal analysis in accordance with ASTM D3418; and (C) in an X-ray diffraction pattern obtained by X-ray diffraction measurement, having at least one local maximum value in a diffraction angle range of 10° or more and 19.9° or less, and a maximum diffraction intensity in a diffraction angle range of 22.5° or more and 30° or less is equal to or less than a maximum diffraction intensity in a diffraction angle range of 10° or more and 19.9° or less [instant claim 1]; a haze value of 18% or less [instant claims 6 and 10-11], would inherently be achieved, as “Products of identical chemical composition can not have mutually exclusive properties.” 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, 709, 15 USPQ2d 1655, 1658 (Fed. Cir. 1990) [see MPEP 2112.01].
See attached form PTO-892.
Correspondence
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MICHAEL F PEPITONE whose telephone number is (571)270-3299. The examiner can normally be reached on 7:00 AM - 3:30 PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Mark Eashoo can be reached on 571-272-1197. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MICHAEL F PEPITONE/Primary Examiner, Art Unit 1767
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