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 .
This action is responsive to Applicant's remarks filed 02/17/2026.
Claims 1-20 are currently pending and under examination.
The rejection of claims 1, 2 and 4-18 under 35 U.S.C. 103 as being unpatentable over Yamada (JP 2017-226724 A) in view of Akiba (WO 2017/159252 A1, see US 2019/0002694 A1) and Endo (JP 2013-147600 A) is withdrawn in view of the above amendments.
The rejection of claim 3 under 35 U.S.C. 103 as being unpatentable over Yamada (JP 2017-226724 A) in view of Akiba (WO 2017/159252 A1, see US 2019/0002694 A1) and Endo (JP 2013-147600 A), and further as evidenced by Drake (US 2015/0203367 A1) is withdrawn in view of the above amendments.
The following rejections and/or objections are either reiterated or newly applied. They constitute the complete set presently being applied to the instant application.
Claim Rejections - 35 USC § 112
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 1-20 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.
Claim 1 recites “A highly thermally conductive silicone composition consisting of the following components (A) to (D):…, and optionally further consisting of one or more of:…”.
The transitional phrase "consisting of" excludes any element, step, or ingredient not specified in the claim. In re Gray, 53 F.2d 520, 11 USPQ 255 (CCPA 1931); Ex parte Davis, 80 USPQ 448, 450 (Bd. App. 1948) ("consisting of" defined as "closing the claim to the inclusion of materials other than those recited except for impurities ordinarily associated therewith") See MPEP 2111.03.II. Therefore, the first “consisting of” term in claim 1 closes the claim to components (A) to (D), and blocks further adding other component after that. Therefore, the “optionally further consisting of” term used in claim 1 is improper. Appropriate correction is required.
Claims 2-20 depend from claim 1. Therefore, claims 2-20 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite.
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.
1. Claims 1-10, 13-18, and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Kato (US 2013/0137613 A1, hereinafter Kato) in view of Akiba (WO 2017/159252 A1, see US 2019/0002694 A1, hereinafter Akiba).
Regarding claims 1 and 4, Kato teaches ([0006]-[0012], claim 1) that a thermally conductive silicone grease composition comprises at least the following components:
component (A) 100 parts by mass of an organopolysiloxane which is represented by the following average compositional formula:
R1aSiO(4-a)/2
where, R1 is a monovalent hydrocarbon group; and “a” is a number ranging from 1.8 to 2.2;
component (B) 800 to 6,000 parts by mass of a thermally conductive filler composed of constituents (B1) to (B3) given below, which overlaps with the claimed range of “from 3,500 to 12,000 parts by weight”, wherein:
constituent (B1) is spherical aluminum oxide powder with an average particle diameter ranging from 15 to 55 µm, which falls within the claimed range of “at least 5 µm”;
constituent (B2) is spherical aluminum oxide powder with an average particle diameter ranging from 2 to 10 µm, which overlaps with the claimed range of “at least 5 µm”;
constituent (B3) is aluminum oxide powder with an average particle diameter not exceeding 1 µm, which falls within the claimed range of “not more than 3 µm”; and
component (C) 10 to 300 parts by mass of an organopolysiloxane represented by the following general formula:
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where, R1 designates same or different monovalent hydrocarbon groups; X designates identical or different monovalent hydrocarbon groups or an alkoxysilyl-containing group of the following general formula:
—R2—SiR1b(OR3)(3-b)
where, R1 is the same as defined above, R2 is an oxygen atom or an alkylene group, R3 is an alkyl group; and “b” is an integer from 0 to 2; and “m” and “n” can be integers greater than 0.
Thus, component (A) the organopolysiloxane of Kato reads on the claimed organopolysiloxane which is the product of the claimed components (A) and (B). The combination of constituents (B1) and (B2) the spherical aluminum oxide powder of Kato reads on the claimed component (D). Constituent (B3) the aluminum oxide powder of Kato reads on the claimed component (C). Component (C) the organopolysiloxane of Kato reads on the claimed component (E) a hydrolyzable organopolysiloxane.
Kato teaches that the thermally conductive silicone grease composition includes at lease components (A), (B), and (C) ([0006]-[0012]); within the limits that are not in contradiction with the objects of the invention, other components such as component (D) and component (E) can be included in the composition ([0031], [0033]). Thus, the composition of Kato can consist of components (A), (B), and (C).
Kato does not teach the claimed components (A) and (B), and the claimed molar ratio (Si-H/Si-alkenyl group) of 9.4 to 20.0.
However, Akiba teaches (para [0020]-[0024]) a thermally conductive silicone composition comprising:
component (A) an organopolysiloxane represented by the following average composition formula (1):
R1aSiO(4-a)/2 (1)
wherein R1 can be a saturated or unsaturated monovalent hydrocarbon group having 1 to 18 carbon atoms, and “a” satisfies 1.8 ≤ a ≤ 2.2, which has the same formula as component (A) the organopolysiloxane as taught by Kato;
component (C) a thermally conductive filler.
Akiba teaches that the component (A) contains component (E) an organopolysiloxane having at least two silicon atom-bonded alkenyl groups in one molecule and component (F) an organohydrogenpolysiloxane having at least two silicon atom-bonded hydrogen atoms in one molecule, component (E) reacts with component (F) via hydrosilylation reaction to form component (A) (para [0040], [0070]; Table 1, Working examples 1-8). Thus, component (E) of Akiba reads on the claimed component (A). Component (F) of Akiba reads on the claimed component (B).
Akiba also teaches that the silicon atom-bonded hydrogen atoms in the component (F) is in an amount of 0.1 to 15.0 mol per 1 mol of the silicon atom-bonded alkenyl groups in the component (E) (para [0070], [0040]), which overlaps with the claimed range of “9.4 to 20.0”.
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to synthesize component (A) the organopolysiloxane as taught by Kato by reacting an organopolysiloxane having at least two silicon atom-bonded alkenyl groups in one molecule with an organohydrogenpolysiloxane having at least two silicon atom-bonded hydrogen atoms in one molecule, wherein the molar ratio of Si-H group to Si-alkenyl group is in a range of 0.1 to 15.0 as taught by Akiba. For doing so, a person of ordinary skill in the art would make component (A) the organopolysiloxane with a reasonable expectation of success, because component (A) the organopolysiloxane represented by the formula: R1aSiO(4-a)/2 as taught by Kato is the same component (A) the organopolysiloxane represented by the formula (1): R1aSiO(4-a)/2 (1) as taught by Akiba, and component (A) the organopolysiloxane of Akiba contains an organopolysiloxane having at least two silicon atom-bonded alkenyl groups in one molecule and an organohydrogenpolysiloxane having at least two silicon atom-bonded hydrogen atoms in one molecule, wherein the organopolysiloxane having alkenyl groups reacts with the organohydrogenpolysiloxane via hydrosilylation reaction, and the molar ratio of Si-H group to Si-alkenyl group is in a range of 0.1 to 15.0 as recognized by Akiba.
Furthermore, Kato teaches that the thermally conductive silicone grease composition has thermal conductivity no less than 2 W/m·K ([0039]), and the thermal conductivity is measured at 25° C ([0040]), which overlaps with the claimed range of “at least 4 W/m·K”.
Kato also teaches that the thermally conductive silicone grease composition can have a viscosity in a range of from 180 to 340 Pa·s (Table 11, Application Examples 1-4), and the viscosity is measured at 25° C ([0040]), which falls within the claimed range of “from 100 to 1,000 Pa·s”.
Kato does not specifically teach that the claimed composition consisting of the claimed compositions (A) to (E) has a thermal conductivity at 25°C as measured by the hot disk method in accordance with ISO 22007-2 of at least 4 W/m·K and an absolute viscosity at 25°C of from 100 to 1,000 Pa·s.
However, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to reasonably expect that the claimed thermal conductivity at 25°C as measured by the hot disk method in accordance with ISO 22007-2 and the claimed absolute viscosity at 25°C, would flow naturally from the teaching of the combination of Kato and Akiba, because the teaching of the combination of Kato and Akiba provides substantially the same highly thermally conductive silicone composition consisting of the same organopolysiloxane which is the product of the same components (A) and (B), the same component (C) an inorganic filler, the same component (D) a thermally conductive inorganic filler, and the same component (E) a hydrolyzable organopolysiloxane as claimed, and also because the thermally conductive composition of Kato can have a thermal conductivity of no less than 2 W/m·K at 25° C, and can have a viscosity in a range of from 180 to 340 Pa·s at 25° C as recognized by Kato. Therefore, the invention as a whole would be obvious to a person of ordinary skill in the art.
Regarding claim 2, Kato and Akiba do not teach that the silicone composition has a G'(150°C)/G'(25°C) ratio of 2 to 20, when the storage moduli is measured with a rheometer under the following conditions: Sample volume: 0.4 mL; Measuring gap: 1.00 mm; Testing mode: Frequency sweep in controlled deformation mode; Measuring frequency: 0.1 to 10 Hz; Measuring temperatures: 25°C±1°C, 150°C±1°C after raising temperature to 150°C at 15°C/min.
However, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to reasonably expect that the claimed ratio of G'(150°C)/G'(25 °C) would flow naturally from the teaching of the combination of Kato and Akiba, because the teaching of the combination of Kato and Akiba provides substantially the same highly thermally conductive silicone composition consisting of the same organopolysiloxane which is the product of the same components (A) and (B), the same component (C) an inorganic filler, the same component (D) a thermally conductive inorganic filler, and the same component (E) a hydrolyzable organopolysiloxane as claimed. Therefore, the invention as a whole would be obvious to a person of ordinary skill in the art.
Regarding claim 3, Kato teaches ([0006]-[0012], claim 1) that constituent (B3) is aluminum oxide powder with an average particle diameter not exceeding 1 µm, which reads on the claimed component (C).
The court has held that “Products of identical chemical composition can not have mutually exclusive properties.” In re Spada, 911 F.2d 705, 709, 15 USPQ2d 1655, 1658 (Fed. Cir. 1990). A chemical composition and its properties are inseparable. Therefore, if the prior art teaches the identical chemical structure, the properties applicant discloses and/or claims are necessarily present. Id. See MPEP 2112.01 II. "Where the claimed and prior art products are identical or substantially identical in structure or composition, or are produced by identical or substantially identical processes, a prima facie case of either anticipation or obviousness has been established." In re Best, 562 F.2d 1252, 1255, 195 USPQ 430, 433 (CCPA 1977). See MPEP 2112.01 I. Therefore, the property of having a point of zero charge (PZC) of at least pH 6 would be present in the identical compound (aluminum oxide powder) as taught by Kato.
Regarding claims 5 and 9, the instant invention discloses (instant US Pub. [0055]) that examples of component (E) include organopolysiloxanes of general formula (4) below:
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wherein each R1 is independently an unsubstituted or substituted monovalent hydrocarbon group, each R2 is independently an alkyl, alkoxyalkyl or acyl group, ‘m’ is an integer from 2 to 100, and ‘a’ is 0, 1 or 2.
Kato teaches ([0006]-[0012]) that component (C) an organopolysiloxane is represented by the following general formula:
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wherein R1 designates same or different monovalent hydrocarbon groups; one X can designate monovalent hydrocarbon groups; another X can designate an alkoxysilyl-containing group of the following general formula:
—R2—SiR1b(OR3)(3-b)
wherein R1 designates same or different monovalent hydrocarbon groups; R2 can be an oxygen atom; R3 is an alkyl group; and “b” is an integer from 0 to 2; and “m” and “n” are integers greater than 0.
Thus, component (C) the organopolysiloxane of Kato has at least one silyl group per molecule. Component (C) the organopolysiloxane of Kato reads on the claimed component (E) an organopolysiloxane of general formula (1), also reads on the claimed component (E) an organopolysiloxane of general formula (4) of the instant invention (instant US Pub. [0055]).
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to reasonably expect that the claimed viscosity at 25°C would flow naturally from the teaching of Kato, because the teaching of Kato provides substantially the same hydrolyzable organopolysiloxane which contains the same general formula (1) as claimed, and contains the same general formula (4) as disclosed by the instant invention. Therefore, the invention as a whole would be obvious to a person of ordinary skill in the art.
Kato also teaches that component (C) the organopolysiloxane (the claimed component (E)) is 10 to 300 parts by mass per 100 parts by mass of component (A) (the claimed organopolysiloxane which is a reaction product) ([0006]-[0012]), which overlaps with the claimed ranges of “from 50 to 600 parts by weight” and “from 211 to 600 parts by weight”.
Regarding claim 6, Kato teaches that mixing the components including (A), (B) and (C) to produce the thermally conductive silicone grease composition ([0048]-[0051]).
Furthermore, Akiba teaches that component (A) an organopolysiloxane contains component (E) an organopolysiloxane having at least two silicon atom-bonded alkenyl groups in one molecule and component (F) an organohydrogenpolysiloxane having at least two silicon atom-bonded hydrogen atoms in one molecule, wherein component (E) reacts with component (F) via hydrosilylation reaction in the presence of component (D) a platinum-based catalyst (para [0040], [0070]; Table 1, Working examples 1-8), the silicon atom-bonded hydrogen atoms in the component (F) is in an amount of 0.1 to 15.0 mol per 1 mol of the silicon atom-bonded alkenyl groups in the component (E) (para [0070], [0040]), which overlaps with the claimed range of “from 9.4 to 20.0”.
Akiba also teaches that component (C) is a thermally conductive filler (para [0023]). Akiba further teaches that the thermally conductive silicone composition is produced by mixing all the components for 30 min to 4 hours at a temperature of 50 to 150° C (para [0083]), which overlaps with the claimed ranges of “100 to 180°C” and “30 minutes to 4 hours”.
As discussed in claim 1 above, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to synthesize component (A) the organopolysiloxane as taught by Kato by reacting an organopolysiloxane having at least two silicon atom-bonded alkenyl groups in one molecule with an organohydrogenpolysiloxane having at least two silicon atom-bonded hydrogen atoms in one molecule, wherein the molar ratio of Si-H group to Si-alkenyl group is in a range of 0.1 to 15.0 as taught by Akiba.
Therefore, a person of ordinary skill in the art would mix the components including an organopolysiloxane having at least two silicon-bonded alkenyl groups in one molecule, an organohydrogenpolysiloxane having at least two Si-H groups in one molecule, a platinum-based catalyst, and thermally conductive filler(s), for 30 minutes to 4 hours at 50 to 150° C, to produce a thermally conductive silicone composition with reasonable expectation of success, because the components comprising an organopolysiloxane having at least two silicon-bonded alkenyl groups in one molecule, an organohydrogenpolysiloxane having at least two Si-H groups in one molecule, a platinum-based catalyst, and thermally conductive filler(s), are mixed for 30 min to 4 hours at a temperature of 50 to 150° C to produce a thermally conductive silicone composition as recognized by Akiba. Therefore, the invention as a whole would be obvious to a person of ordinary skill in the art.
Regarding claims 7 and 8, Akiba teaches that the silicon atom-bonded hydrogen atoms in the component (F) is in an amount of 0.1 to 15.0 mol per 1 mol of the silicon atom-bonded alkenyl groups in the component (E) ([0070],[0040]), which overlaps with the claimed ranges of “10.4 to 20” and “11 to 20”.
Regarding claim 10, Kato teaches that component (B) the thermally conductive filler (the claimed combined components (C) and (D)) is 800 to 6,000 parts by mass per 100 parts by mass of component (A) (the claimed organopolysiloxane which is a reaction product) ([0006]-[0012]), which overlaps with the claimed range of “more than 5,000 parts by weight and up to 10,000 parts by weight”.
Regarding claims 13, 14, and 20, as discussed in claim 1 above, constituent (B3) the aluminum oxide powder of Kato reads on the claimed component (C).
Regarding claims 15 and 16, as discussed in claim 1 above, the combination of constituents (B1) and (B2) the spherical aluminum oxide powder of Kato reads on the claimed component (D).
Regarding claims 17 and 18, Kato teaches that component (B) the thermally conductive filler (the claimed combined components (C) and (D)) is 800 to 6,000 parts by mass per 100 parts by mass of component (A) (the claimed organopolysiloxane which is a reaction product) ([0006]-[0012]).
Kato also teaches ([0006]-[0012]) that component (B) is composed of constituents (B1) to (B3), wherein:
constituent (B1) is spherical aluminum oxide powder with an average particle diameter ranging from 15 to 55 μm, in an amount of 40 to 80 mass % of component (B);
constituent (B2) is spherical aluminum oxide powder with an average particle diameter ranging from 2 to 10 μm, in an amount of 5 to 45 mass % of component (B);
constituent (B3) is aluminum oxide powder with an average particle diameter not exceeding 1 μm, in an amount of 5 to 25 mass % of component (B).
The combination of constituents (B1) and (B2) the spherical aluminum oxide powder of Kato reads on the claimed component (D). Constituent (B3) the aluminum oxide powder of Kato reads on the claimed component (C).
Thus, constituent (B3) of Kato (the claimed component (C)) can be in an amount of 40 to 1500 parts by mass per 100 parts by mass of component (A) (the claimed organopolysiloxane which is a reaction product), which overlaps with the claimed range of “100 to 4,000 parts by weight”.
The combination of constituents (B1) and (B2) of Kato (the claimed component (D)) can be in an amount of 600 to 5700 parts by mass per 100 parts by mass of component (A) (the claimed organopolysiloxane which is a reaction product), which falls within the claimed range of “200 to 8,000 parts by weight”.
2. Claims 1, 11, 12, and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Tsuji (US 2017/0096591 A1, hereinafter Tsuji).
Regarding claims 1, 11, 12, and 19, Tsuji teaches ([0014]-[0017]) a thermal conductive silicone composition comprising:
component (A) an organopolysiloxane that is represented by the following average composition formula (1)
R1aSiO(4-a)/2 (1)
wherein R1 represents a hydrogen atom or at least one group selected from a hydroxy group and a saturated or unsaturated monovalent hydrocarbon group having 1 to 18 carbon atoms, and “a” satisfies 1.8≦a≦2.2; and
component (B) a silver powder that is in an amount of 300 to 11,000 parts by mass with respect to 100 parts by mass of the component (A), wherein the silver powder preferably has an average particle diameter of 1.0 to 30 μm ([0052]), which overlaps with the claimed range of “at least 5 µm”, and reads on the claimed component (D) a thermally conductive inorganic filler.
Tsuji also teaches that the thermal conductive silicone composition can further comprise an inorganic compound powder, wherein the inorganic compound powder is a thermally conductive powder such as zinc oxide powder, and the inorganic compound powder preferably has an average particle diameter of 0.5 to 100 µm ([0056]), which overlaps with the claimed range of “not more than 3 µm”, and reads on the claimed component (C) an inorganic filler.
Tsuji also teaches that the inorganic compound powder (the claimed component (C)) can be in an amount of 0 to 3,000 parts by mass with respect to 100 parts by mass of the component (A) ([0056]).
Thus, the combination of the inorganic compound powder (the claimed component (C)) and component (B) the silver powder (the claimed component (D)) of Tsuji can be in an amount of 300 to 14,000 parts by mass with respect to 100 parts by mass of the component (A) (the claimed organopolysiloxane which is a reaction product), which overlaps with the claimed ranges of “from 3,500 to 12,000 parts by weight”, “more than 6,000 parts by weight and up to 12,000 parts by weight”, and “6,522 to 12,000 parts by weight”.
Tsuji teaches that the entire of the component (A) can include component (C) an organopolysiloxane having at least two silicon-bonded alkenyl groups in one molecule, and component (D) an organohydrogenpolysiloxane having at least two silicon-bonded hydrogen atoms in one molecule ([0037]); component (C) reacts with component (D) in the presence of a platinum-based catalyst through a hydrosilylation reaction to form component (A) ([0057]).
Tsuji also teaches that the silicon atom-bonded hydrogen atoms in the component (D) are preferably in an amount of 0.1 to 10 mol with respect to 1 mol of the alkenyl groups in the component (C) ([0057]), which overlaps with the claimed range of “9.4 to 20.0”.
Component (C) of Tsuji reads on the claimed component (A). Component (D) of Tsuji reads on the claimed component (B).
Tsuji further teaches that other components such as component (E) may be added to the composition ([0066]). Thus, the thermal conductive silicone composition of Tsuji can consist of component (A) which is a hydrosilylation reaction product of components (C) and (D), component (B) a silver powder, and an inorganic compound powder such as zinc oxide powder.
Tsuji teaches that the thermal conductive silicone composition can have a thermal conductivity of 15 to 92 W/m·K (Tables 1-2, Working examples 1-15), and the thermal conductivity is measured at 25° C ([0078]), which falls within the claimed range of “at least 4 W/m·K”.
Tsuji teaches that the thermal conductive silicone composition can have a viscosity of 121 to 423 Pa·s (Tables 1-2, Working examples 1-15), the viscosity is measured at 25° C ([0077]), which falls within the claimed range of “from 100 to 1,000 Pa·s”.
Tsuji does not specifically teach that the claimed composition consisting of the claimed compositions (A) to (D) has a thermal conductivity at 25°C as measured by the hot disk method in accordance with ISO 22007-2 of at least 4 W/m·K and an absolute viscosity at 25°C of from 100 to 1,000 Pa·s.
However, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to reasonably expect that the claimed thermal conductivity at 25°C as measured by the hot disk method in accordance with ISO 22007-2 and the claimed absolute viscosity at 25°C, would flow naturally from the teaching of Tsuji, because the teaching of Tsuji provides substantially the same highly thermally conductive silicone composition consisting of the same organopolysiloxane which is the product of the same components (A) and (B), the same component (C) an inorganic filler, and the same component (D) a thermally conductive inorganic filler as claimed, and also because the thermal conductive silicone composition of Tsuji can have a thermal conductivity of 15 to 92 W/m·K at 25°C and a viscosity of 121 to 423 Pa·s at 25°C as recognized by Tsuji. Therefore, the invention as a whole would be obvious to a person of ordinary skill in the art.
Response to Arguments
1. Applicant's arguments with respect to the prior rejections have been considered, but are moot because the arguments do not apply to all of the references being used in the current rejection. The current rejection utilizes new references, Kato (US 2013/0137613 A1) and Tsuji (US 2017/0096591 A1), under a new ground(s) of rejection which renders obvious the instant claims.
As stated above, claim 1 is rejected under 35 U.S.C. 103 as being unpatentable over Kato (US 2013/0137613 A1) in view of Akiba (WO 2017/159252 A1, see US 2019/0002694 A1).
Claim 1 is rejected under 35 U.S.C. 103 as being unpatentable over Tsuji (US 2017/0096591 A1).
2. Applicant also argues that Akiba '252 contains silver as an essential component, silver lies outside of the claimed components, therefore, Akiba '252 fails to suggest or disclose the claimed subject matter (p. 8, 4th para).
In response, Applicant's argument has been considered but is not persuasive. As stated in claim 1 above, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to synthesize component (A) the organopolysiloxane as taught by Kato by reacting an organopolysiloxane having at least two silicon atom-bonded alkenyl groups in one molecule with an organohydrogenpolysiloxane having at least two silicon atom-bonded hydrogen atoms in one molecule, wherein the molar ratio of Si-H group to Si-alkenyl group is in a range of 0.1 to 15.0 as taught by Akiba. Therefore, whether Akiba contains silver as an essential component or not, it will not affect this reasoning.
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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/JIAJIA JANIE CAI/Examiner, Art Unit 1761
/ANGELA C BROWN-PETTIGREW/Supervisory Patent Examiner, Art Unit 1761
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