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 .
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1-13 and 20 are rejected under 35 U.S.C. 112(a) or pre-AIA 35 U.S.C. 112, first paragraph, as based on a disclosure which is not enabling. The disclosure does not enable one of ordinary skill in the art to practice the invention without the specific material composition and/or methods of forming a multilayer gasket, which is/are critical or essential to the practice of the invention but not included in the claim(s). See In re Mayhew, 527 F.2d 1229, 188 USPQ 356 (CCPA 1976). Claims 1, 8-13, and 20 claim different properties of the outer layer, but the claims/disclosure do not disclose how the properties are achieved. Claim 20 is directed to method of forming, but fails to claim any steps of forming a gasket.
Claims 2-7 are rejected for depending on a rejected claim.
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-13 and 20 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claims 1, 8-13, and 20 claim different properties of the outer layer, but the claims/disclosure do not disclose how the properties are achieved. It is unclear to the examiner as to how the claimed properties are achieved. For the purposes of this examination, the examiner is interpreting the claims as all the listed materials in the current disclosure will meet the claimed properties.
Claims 2-7 are rejected for depending on a rejected claim.
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.
Claim(s) 1-4, 8-17, and 20 is/are rejected under 35 U.S.C. 102a1 as being anticipated by Suzuki et al. (US Pub. No. 2022/0267915).
Regarding claims 1 and 20, the Suzuki et al. (hereinafter Suzuki) reference, as best understood, discloses a multilayer gasket (7) comprising a core layer (e.g. 7); and a first outer layer (Para. [0146]) overlying a first surface of the core layer (Para. [0146]), wherein the first outer layer comprises a low-melt fluoropolymer material (Paras. [0145],[0146]) having a melting temperature of not greater than about 300 ˚C. Note that PVDF is a claimed material and is not a novel composition, it would be capable of having the claimed melting temperature, as stated in the current disclosure. The method of claim 20 is obvious in view of the rejection of claim 1.
Regarding claims 2 and 15, the Suzuki reference, as best understood, discloses the low-melt fluoropolymer material comprises a fluoropolymer material content of at least about 50 wt.% for a total weight of the low-melt fluoropolymer material (Para. [0145]).
Regarding claims 3 and 16, the Suzuki reference, as best understood, discloses the low-melt fluoropolymer material comprises a fluoropolymer material content of not greater than about 100 wt.% for a total weight of the low-melt fluoropolymer material (Para. [0145]).
Regarding claims 4 and 17, the Suzuki reference, as best understood, discloses the low-melt fluoropolymer material comprises PVDF (Para. [0145]).
Regarding claim 8, the Suzuki reference, as best understood, discloses the material and structure, as claimed. Note that PVDF is a claimed material and is not a novel composition, it would be capable of having the claimed adhesion strength, as stated in the current disclosure.
Regarding claim 9, the Suzuki reference, as best understood, discloses the material and structure, as claimed. Note that PVDF is a claimed material and is not a novel composition, it would be capable of having the claimed adhesion strength, as stated in the current disclosure.
Regarding claim 10, the Suzuki reference, as best understood, discloses the material and structure, as claimed. Note that PVDF is a claimed material and is not a novel composition, it would be capable of having the claimed surface energy, as stated in the current disclosure.
Regarding claim 11, the Suzuki reference, as best understood, discloses the material and structure, as claimed. Note that PVDF is a claimed material and is not a novel composition, it would be capable of having the claimed surface energy, as stated in the current disclosure.
Regarding claim 12, the Suzuki reference, as best understood, discloses the material and structure, as claimed. Note that PVDF is a claimed material and is not a novel composition, it would be capable of having the claimed water contact angle, as stated in the current disclosure.
Regarding claim 13, the Suzuki reference, as best understood, discloses the material and structure, as claimed. Note that PVDF is a claimed material and is not a novel composition, it would be capable of having the claimed water contact angle, as stated in the current disclosure.
Regarding claim 14, the Suzuki reference discloses a multilayer gasket (7) comprising a core layer (e.g. 7); and a first outer layer (Para. [0146]) overlying a first surface of the core layer (Para. [0146]), wherein the first outer layer comprises a low-melt fluoropolymer material comprising polyvinylidene fluoride (PVDF) or terpolymer of tetrafluorethylene hexafluorpropylene) or vinylidene fluoride (THV) or ethylene tetrafluoroethylene (ETFE) or ethylene chlorotrifluoroethylene (ECTFE) or fluorinated ethylene propylene (FEP) or perfluoroalkoxy alkane(PFA) or any combination thereof or copolymers thereof (Paras. [0145],[0146]).
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.
Claim(s) 5-7, 18, and 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Suzuki in view of Park (US Pub. No. 2007/0045967).
Regarding claims 5 and 18, the Suzuki reference, as best understood, discloses the invention substantially as claimed in claims 1 and 14.
However, the Suzuki reference fails to explicitly disclose the low-melt fluoropolymer material comprises PVDF-HFP co-polymer.
The Park reference, a coating for a seal, discloses that PVDF and PVDF-HFP co-polymers are known equivalents (Para. [0074]).
It would have been obvious to one of ordinary skill in the art at the time of filing to replace the PVDF with PVDF-HFP co-polymer in the Suzuki reference in view of the teachings of the Park reference since the materials are known equivalents and would provide predictable results.
Regarding claims 6, 7 and 19, the Suzuki reference, as best understood, discloses the invention substantially as claimed in claims 1 and 14.
However, the Suzuki reference fails to explicitly disclose an inner surface of the first outer layer adjacent to the first surface of the core layer or an outer surface of the first outer layer opposite of the first surface of the core layer is a corona treated surface, a plasma treated surface or any combination thereof.
The Park reference, a coating for a seal, discloses using plasma or corona to form the layer (Para., [0055]).
It would have been obvious to one of ordinary skill in the art at the time of filing to use corona or plasma to make the layer in the Suzuki reference in view of the teachings of the Park reference in order to ensure a strong bond between the core and outer layer and since the methods are well known in the art.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to GILBERT Y LEE whose telephone number is (571)272-5894. The examiner can normally be reached Monday-Friday 8am-430pm.
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/GILBERT Y LEE/Primary Examiner, Art Unit 3675