DETAILED ACTION
In response to Amendments/Arguments filed 6/23/2026. Claims 1-6 and 9-20 are pending.
Claims 1 and 9 were amended. Claims 7 and 8 were cancelled.
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.
Claims 1-6 and 9-20 are rejected under 35 U.S.C. 103 as being unpatentable over Poel et al. (US 20130206770) in view of Tsou et al. (US 20130035442) with evidence from INFUSE™ 9007 Datasheet (Hereafter “Infuse Datasheet”).
Poel discloses a polymer compound for seals for use with fat-containing filling materials. Concerning claims 1-4, and 17, Poel discloses the compound comprises an olefin block compound (OBC) and a second polymer that can be a propylene copolymer (co-PP), wherein the resulting compound has a Shore A hardness at 70°C between 45 and 90 and the OBC is specifically a Infuse™ D9007 which is an ethylene-octene block copolymer (para. 0038-0052) and as evidenced by the Infuse Datasheet, has a MFR of 0.50 g/10 min. Given that the materials are the same as that claimed and the Shore A hardness is within the claimed range, the maximum specific enthalpy and melt flow index (or melt flow rate) would be within the claimed ranges. However, Poel is silent to properties of the co-PP as claimed.
With respect to claims 5, 9, and 18, the OBC is found at a content of 20 to 100% of the total composition and the co-PP is found at a content of up to 25% of the total compound (para. 0051). Concerning claims 6 and 19, the instant specification states that the preferred OBCs are those available under the tradename Infuse™, wherein it is noted that Poel discloses the same OBC Infuse™ D9007 (para. 0052). Given the above, the OBC of Poel, which is the same as that disclosed in the instant specification, would have the claimed specific enthalpy of melting as claimed. Regarding claim 10, the composition can further include a hydrocarbon-co-polyolefin such as an ethylene-octene random copolymer (para. 0051-0052).
In regard to claims 11 and 12, the slip agents are erucic acid amide (or erucamide) and oleamide found at a content of less than 10% and are solid at room temperature (para. 0052). With respect to claims 13-15 and 20, the polymer compound is used in vessel closure seals for vacuum container closures and can be used in containers that are pasteurizable (para. 0053-0062 and claim 46). However, Poel is silent to the claimed properties of the co-PP.
Tsou discloses a polypropylene copolymer having an enthalpy of crystallization of less than 30 J/g and has a melt flow index (or melt flow rate) of less than 8 g/10 min (abstract; para. 0011-0038 and Tables 1-2). The polypropylene copolymer of Tsou has the advantage of enhanced elasticity (para. 0001 and 0054). As such, for providing improved elasticity, one of ordinary skill in the art would have been motivated to use the co-PP of Tsou as the co-PP of Poel.
Response to Arguments
Applicant’s arguments, see p. 5, filed 6/23/2026, with respect to the 35 USC 112(b) rejection have been fully considered and are persuasive. The rejection of the claims has been withdrawn. Examiner acknowledges the instant amendments as overcoming the previous rejection.
Applicant's arguments filed 6/23/2026 regarding the art rejection(s) have been fully considered but they are not persuasive. Applicant asserts that the combination is impermissible hindsight. Examiner respectfully disagrees and notes that seals by their very nature should conform to the two things being joined together to prevent at least leakage or contamination. Any breakage in the conformity would reduce the effectiveness of the seal. To that end, something that has a level of elasticity and also crystallinity, which is disclosed by Tsou, would be preferred so as to prevent leakage or substances from passing through each other. As such, it would have been obvious to one of ordinary skill in the art to use the co-PP of Tsou because of the elasticity. In response to applicant's argument that the examiner's conclusion of obviousness is based upon improper hindsight reasoning, it must be recognized that any judgment on obviousness is in a sense necessarily a reconstruction based upon hindsight reasoning. But so long as it takes into account only knowledge which was within the level of ordinary skill at the time the claimed invention was made, and does not include knowledge gleaned only from the applicant's disclosure, such a reconstruction is proper. See In re McLaughlin, 443 F.2d 1392, 170 USPQ 209 (CCPA 1971). As such, the rejection is maintained for the above reasons.
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PRASHANT J KHATRI whose telephone number is (571)270-3470. The examiner can normally be reached M-F 10AM-6:30PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Veronica Ewald can be reached at (571) 272-8519. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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PRASHANT J. KHATRI
Primary Examiner
Art Unit 1783
/PRASHANT J KHATRI/Primary Examiner, Art Unit 1783
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