DETAILED ACTION
Summary
Applicant’s amendment dated 10 December 2025 is acknowledged. Claims 1-18, 20 and 22-23 are pending. Claims 1-16 and 18 are withdrawn from consideration.
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
New grounds for rejection set forth below are necessitated by the amendment dated 10 December 2025. For this reason, this office action is properly made final.
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 Objections
Claim 17 is objected to because of the following informalities:
In Claim 17, please replace “a shaped articles” with “a shaped article”.
Appropriate correction is required.
Claim Rejections - 35 USC § 112
Claim 17, 20 and 22-23 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.
Claim 17 recites reducing or lowering the stick slip interactions of “a thermoplastic material” on the second line of the claim and “one or more thermoplastic materials” thermoplastic materials on the final line of the claim. It is not clear whether these are reciting the same material(s), different materials, or if additional thermoplastic material can be added to the thermoplastic material recited in the second line. Note that it is understood that these are both different recitations from component (B1). Examiner suggests that if these are intended to be the same component that ‘the’ is used to set up proper antecedency. Claims 20 and 22-23 are also rejected because they depend upon, and therefore include, Claim 17.
Claim Rejections - 35 USC § 102/103
Claims 17, 20 and 23 are rejected under 35 U.S.C. 102(a)(1) as anticipated by or, in the alternative, under 35 U.S.C. 103 as obvious over GORNOWICZ (WO-9945072-A1).
Regarding Claim 17, GORNOWICZ teaches a method of mixing a thermoplastic resin (A) with a diorganopolysiloxane (B) having at least 2 alkenyl groups and an organohydrido silicon compound (C) containing at least 2 silicon-bonded hydrogen groups and a hydrosilylation catalyst (E)(Abstract). The (B), (C) and (E) components satisfy the (B2a1), (B2a2) and (B2a3) components recited by the claim, respectively. GORNOWICZ teaches dynamic vulcanization of the siloxane components (p. 12, lines 1-2). GORNOWICZ teaches that order of mixing is not critical (p. 12, line 6). GORNOWICZ teaches that its thermoplastic component (A) can be a blend of two or more homopolymers, copolymers and interpolymers of polyolefins, vinyl polymers and acrylic polymers (p. 5, lines 17-26). GORNOWICZ also teaches that its thermoplastic component (A) may be a blend with other thermoplastic resins such as polycarbonates and polyester to form alloys suitable for use as component (A) (p. 6, lines 12-14). These blended thermoplastics suggest masterbatch (A) components are collected before blending with the silicone components. The (A) component taught by GORNOWICZ satisfies the (B1) component as recited by the claim. GORNOWICZ further teaches a master blend of silicone (B)(C) components and filler components filler components are collected before blending with the thermoplastic component (p. 12, 14-17). The blending of thermoplastic components (A) and silicone (B)(C) components which are vulcanized can be interpreted as forming a masterbatch.
GORNOWICZ does not teach that its method is done for the purpose or reducing the occurrence of stick-slip interactions of a thermoplastic material against one or more other components, but it is presumed that the method taught by GORNOWICZ would inherently reduce the occurrence of stick-slip interactions as GORNOWICZ teaches the method and compositional components that are recited by the claim. GORNOWICZ teaches that its composition can be used in automotive and appliance components, belts and hoses (p. 14, lines 12-14) where the stick-slip interactions against one or more other components would be important.
The term “combining” recited by the claim can be interpreted as in situ combining, in which case GORNOWICZ anticipates all of the method steps and limitations recited by the claim. To the extent the claim requires the silicone vulcanizate to be formed prior to mixing with the thermoplastic component (A), then it is obvious to one of ordinary skill in the art to modify the invention of GORNOWICZ and mix additional thermoplastic (A) resin with the silicone vulcanizate based on the teachings of its specification.
Regarding Claim 20, GORNOWICZ teaches the invention of Claim 17. GORNOWICZ teaches that its diorganopolysiloxane (B) component with at least 2 alkenyl radicals as a plasticity of at least 30 (Abstract). GORNOWICZ teaches that its plasticity is a Williams plasticity tested by ASTM method 926 (p. 8, lines 3-6). GORNOWICZ teaches that there is no upper limit and that the plasticity should be 100-200, preferably 120-185 (p. 8, lines 14-17). GORNOWICZ exemplifies gums PDMS1 and PDMS2 which are vinyl-functional and have plasticities of 150 (p. 15, lines 28-30; p. 16, lines 1-2).
Regarding Claim 23, GORNOWICZ teaches the invention of Claim 17. GORNOWICZ teaches that its hydrosilylation catalyst (E) is exemplified by a platinum catalyst (p. 11, line 1) and also teaches rhodium-based and palladium-based catalysts (p. 11, lines 4-6).
Claim Rejections - 35 USC § 103
Claims 22 is rejected under 35 U.S.C. 103 as being unpatentable over GORNOWICZ (WO-9945072-A1).
Regarding Claim 22, GORNOWICZ teaches the invention of Claim 17 above. GORNOWICZ teaches that its thermoplastic component may include an olefin copolymerized with another vinyl or diene compound (p. 5, lines 13-14) and specifically teaches ethylene acrylate copolymers such as ethylene/acrylic acid copolymers, ethylene/methyl acrylate copolymers, ethylene/ethyl acrylate copolymers, ethylene/acrylic acid/ethyl acrylate terpolymers and ethylene/acrylic acid/vinyl acetate terpolymers, inter alia. (p. 5, lines 22-26). GORNOWICZ does not exemplify an ethylene acrylate copolymer but it would be obvious to one of ordinary skill in the art at the time of the effective filing date of the current invention to modify the examples of GORNOWICZ and include an ethylene acrylate copolymer based on the teachings of the specification.
Response to Arguments
Applicant's arguments filed 10 December 2025 have been fully considered but they are not persuasive.
The amendment standardizes the spelling of words deriving from ‘vulcanize’. The informality objection set forth in the previous office action is withdrawn.
Applicant argues that there is no teaching of GORNOWICZ that the process of the invention would result in reduction of stick-slip or the beneficial result of anti-squeak coatings. In response, Claim 17 only recites two method steps, combining the vulcanizate with the thermoplastic (B1) and preparation of the vulcanizate from its silicone components. It is presumed that the result of the method taught by GORNOWICZ would act the same way because it teaches the same components and the same steps. Claim 17 does not positively recite a further mixing step, only that the masterbatch has the characteristic of lowering stick slip interactions.
Applicant argues that GORNOWICZ does not exemplify using ethylene acrylate copolymer as is recited in Claim 22. That one would not be motivated to use this component especially when considering the teachings of belts and hoses. In response, while GORNOWICZ does not exemplify ethylene acrylate copolymer, this does not negate a finding of obviousness under 35 USC 103 since a preferred embodiment such as an example is not controlling. Rather, all disclosures "including unpreferred embodiments" must be considered. In re Lamberti 192 USPQ 278, 280 (CCPA 1976) citing In re Mills 176 USPQ 196 (CCPA 1972). Therefore, it would have been obvious to one of ordinary skill in the art to utilize ethylene acrylate copolymer given that GORNOWICZ teaches inclusion in its specification. Also, note that in addition to belts and hoses, GORNOWICZ also teaches end uses of automotive and appliance components (p. 14, line 13) which match two uses disclosed in the instant specification (cur spec: [0010] “consumer appliances or in the interiors of vehicles”).
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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.
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/D.R.F./Examiner, Art Unit 1764
/KREGG T BROOKS/Primary Examiner, Art Unit 1764