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
Acknowledgment is made of applicant’s claim for foreign priority under 35 U.S.C. 119 (a)-(d). The certified copy has been filed in parent Application No. 16/959,976, filed on 02 June 2020.
Drawings
Figure 1 should be designated by a legend such as --Prior Art-- because only that which is old is illustrated (the specification appears to indicate that Figure 1 is prior art). See MPEP § 608.02(g). Corrected drawings in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. The replacement sheet(s) should be labeled “Replacement Sheet” in the page header (as per 37 CFR 1.84(c)) so as not to obstruct any portion of the drawing figures. If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Specification
The disclosure is objected to because of the following informalities: On page 1, the status of the non-provisional patent applications should be updated (the information should include the application number, the filing date and either the patent number or an indication that the application is abandoned).
Appropriate correction is required.
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 1-7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ely, Jr. et al (U.S. Patent No. 3,500,870 A) in combination with Kikuchi et al (WO 2017/043317 A1).
Since WO 2017/043317 A1 is not written in English, equivalent document U.S. Application Publication 2018/0281262 A1 will be used.
Regarding claim 1, Ely, Jr. et al (see the entire document, in particular, col. 1, lines 31-33; col. 2, line 67 to col. 3, line 2; col. 3, lines 61-71; col. 4, lines 37-42 and 52-61; Figure 1) teaches a process (see col. 1, lines 31-33 (process of making fluorocarbon tubing) of Ely, Jr. et al), including (a) subjecting a thermoplastic fluororesin to melt extrusion molding to obtain a raw tube of the thermoplastic fluororesin tube (see Figure 1; col. 3, lines 67-71 (melt extruding fluorocarbon resin tubing) of Ely, Jr. et al); and (b) expanding an inner diameter of the raw tube while heating the raw tube to a temperature of from 110-135°C (see col. 4, lines 37-42 (fluorocarbon tube is heated from 250-400°F (121-204°C)) and col. 4, lines 52-61 (heated fluorocarbon tubing is subjected to expansion) of Ely, Jr. et al). Ely, Jr. et al does not teach (1) that the thermoplastic fluororesin tube has tearability in a longitudinal direction, or (2) a thermal expansion coefficient in a longitudinal direction upon heating in a gaseous phase at a temperature of 100°C for 5 minutes is 0% or more. Kikuchi et al (see the entire document, in particular, paragraphs [0001], [0011], [0014](4), [0014](5), [0014](7), [0032] and [0041]) teaches a process (see paragraph [0001] (method of producing a producing a fluororesin tube) of Kikuchi et al), wherein the thermoplastic fluororesin tube has tearability in a longitudinal direction (see paragraph [0001] (method of producing a fluororesin tube having tearing property) of Kikuchi et al), and it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed inventio to provide a thermoplastic fluororesin tube having tearability in a longitudinal direction in the process of Ely, Jr. et al in view of Kikuchi et al in order to provide a fluororesin tube excellent in tearability and inner surface smoothness (see paragraph [0011] of Kikuchi et al). Regarding a thermal expansion coefficient in a longitudinal direction, this would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention in the process of Ely, Jr. et al in view of Kikuchi et al because both Ely, Jr. et al and Kikuchi et al teach thermoplastic fluororesin tubes as claimed, and the thermoplastic fluororesin tubes of Ely, Jr. et al, Kikuchi et al and those produced by the process of claim 1 have the same composition and thus, have the same properties (see MPEP §2112.01(I) and §2112.01(II)).
Regarding claim 2, see col. 2, line 67 to col. 3, line 2 (the material used is FEP 160, a copolymer of tetrafluoroethylene and hexafluoropropylene) of Ely, Jr. et al and paragraph [0014](4) (tetrafluoroethylene-hexafluoroethylene copolymer) of Kikuchi et al.
Regarding claim 3, see paragraph [0014](5)(tetrafluoroethylene-perfluoroalkyl vinyl ether copolymer) of Kikuchi et al.
Regarding claim 4, see paragraph [0032] (heat shrinkage ratio in a gas phase at 200°C for 5 minutes of 20% or more) of Kikuchi et al.
Regarding claim 5, , the thermal expansion coefficient in a longitudinal direction would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention in the process of Ely, Jr. et al in view of Kikuchi et al because both Ely, Jr. et al and Kikuchi et al teach thermoplastic fluororesin tubes as claimed, and the thermoplastic fluororesin tubes of Ely, Jr. et al, Kikuchi et al and those produced by the process of claim 1 have the same composition and thus, have the same properties (see MPEP §2112.01(I) and §2112.01(II)).
Regarding claim 6, see paragraph [0014](7)(weld line in a lengthwise direction) of Kikuchi et al.
Regarding claim 7, see paragraph [0041] (tear strength is less than 8.0 N/mm) of Kikuchi et al.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LEO B. TENTONI whose telephone number is (571)272-1209. The examiner can normally be reached 7:30-4:00 ET M-F.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Christina A. Johnson can be reached at (571)272-1176. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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LEO B. TENTONI
Primary Examiner
Art Unit 1742
/LEO B TENTONI/Primary Examiner, Art Unit 1742
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