DETAILED ACTION
Election/Restrictions
Applicant's election with traverse of Group I, claims 1-9 in the reply filed on 1/13/2026 and 2/20/2026 is acknowledged. The traversal is on the ground(s) that there is no search burden. This is not found persuasive because the restriction was a lack of unity and the Examiner has presented reasons on why the instant claims do not provide a contribution over the prior art.
The requirement is still deemed proper and is therefore made FINAL.
Claims 10-24 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to nonelected methods, there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on 1/13/2026 and 2/20/2026.
Claim Rejections - 35 USC § 102
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 1-5 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 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 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.
Conclusion
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PRASHANT J. KHATRI
Primary Examiner
Art Unit 1783
/PRASHANT J KHATRI/Primary Examiner, Art Unit 1783