DETAILED ACTION
In response to Amendments/Arguments filed 5/14/2026. Claims 1-24 are pending. Claims 10-24 are withdrawn with traverse. Claims 1-9 are examined thusly.
Claim Rejections - 35 USC § 102
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 1-5 and 8-9 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Bellare (US 20100292374).
Bellare discloses a crosslinked UHMWPE sheet. Concerning claim 1, Bellare discloses the UHMWPE sheet has two melting peaks at 139°C and 145.9°C, which correspond to the first and second endotherms as claimed and the sheet is transparent which becomes translucent after compression, wherein this is the same feature that occurs in the instant invention. Given that the materials are the same and have the same melting peaks, the sheet would have a total luminous transmittance as claimed (para. 0114-0115; Example 4). Regarding claims 2-5, the properties as claimed would be intrinsic to the disclosure of Bellare because the materials and melting peaks are the same as that claimed. With respect to claims 8 and 9, the sheet is used to form medical devices which would meet the limitations as claimed because the medical devices would include other materials and structures to form the device (para. 0107).
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 6 and 7 are rejected under 35 U.S.C. 103 as being unpatentable over Bellare (US 20100292374).
Bellare discloses the above, including the composition is used to form a film having a thickness, length, and width for a medical device (para. 0014). Given that medical devices can have different dimensions based upon the use and the specific person the device is used within, it would have been obvious to one of ordinary skill in the art to have any thickness, including the claimed thickness for use as the desired medical device. With respect to the molecular weight, Bellare discloses the molecular weight of the UHMWPE can be 2500000 or greater, which includes and encompasses the claimed range (para. 0061). Regarding the melt enthalpy, given that the materials are the same and have the claimed melt peaks, the enthalpy would be within the claimed range.
Response to Arguments
Applicant's arguments filed 5/14/2026 regarding the rejections under Bellare have been fully considered but they are not persuasive. Applicant asserts that Example 4 of Bellare does not associate residual fibrillar microstructure to the endotherms and does not recite the term “fibrillar”. While it is noted that Bellare is silent to the term “fibrillar”, Applicant has provided no evidence that the endotherms of Bellare would not be associated with the fibrillar microstructure related to the processing. Applicant asserts that there is no second endotherm associated with the fibrillar structure. Examiner respectfully disagrees and notes that a second endotherm is explicitly present in light of the two melting temperatures that are within the claimed ranges and recited in Example 4. Melting points when measured by DSC are endothermic and as such, the two peaks are endothermic and the same as that claimed. As such, the assumption would be that the structure would be the same as that claimed and disclosed. Applicant is reminded that the Office cannot test the prior art and the Examiner has set forth technical reasoning and showing that the structure would be the same. Examiner also notes that the instant claims do not recite any fibrillated microstructure and as such, Applicant’s assertions are not commensurate in scope.
Applicant further asserts that Bellare is silent to the claimed luminous transmittance because the sheet becomes translucent after compression. While it is noted that Bellare is silent to the specific value, Example 4 discloses the sheet is transparent prior to compression (para. 0114). Examiner notes that Example 1 of the instant invention discloses that the sheet is transparent prior to compression (para. 0088 of PG-Pub). Given that the effect of compression is the same and the endotherms are within the claimed ranges, the luminous transmittance of the sheet of Bellare prior to compression would be within the claimed range. Examiner notes that Applicant has not sufficiently shown that the process of the instant invention and the process of Bellare would result in different structure and as such, Bellare is still applicable to the instant claims and the claims are properly finally rejected.
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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