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 preliminary amendments filed 09/16/2022.
Claims 1-5 are currently pending and under examination.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
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.
Claims 1-5 are rejected under 35 U.S.C. 103 as being unpatentable over Corveleyn (US 2016/0145433 A1, hereinafter Corveleyn).
Regarding claim 1, Corveleyn teaches a curable composition comprising a fluoropolyether, a polysiloxane, and a free-radical curing system ([0006]-[0011]).
Corveleyn teaches that the fluoropolyether comprising perfluoroalkylenoxy groups (i.e., monomeric units) selected from —C4F8O— (linear or branched), —C3F6O— (linear or branched), —C2F4O—, —CF2O—, and combinations thereof ([0007]-[0008], [0027]); and at least one free-radically reactive functional group which can comprise monovalent free-radically polymerizable ethylenically-unsaturated organic groups ([0009]). Corveleyn teaches that the monovalent free-radically polymerizable ethylenically-unsaturated organic group includes —CH═CH2 (i.e., vinyl) ([0031]-[0032]).
Corveleyn teaches that an example of fluoropolyether includes CH2═CHC(═O)OCH2CF2O(CF2O)9-11(CF2CF2O)9-11CF2CH2OC(═O)CH═CH2 ([0132], PFE-2), and CH2═CHC(═O)OCH2CF(CF3)O[CF2CF(CF3)O]nC4F8O[CF(CF3)CF2O]nCF(CF3)—CH2OC(═O)CH═CH2 ([0134], PFE-3), which reads on the claimed perfluoropolyether (A) having two or more ethylenically unsaturated bonds in the molecule.
Corveleyn also teaches the polysiloxane comprising at least one free-radically reactive functional group which can comprise monovalent free-radically polymerizable ethylenically-unsaturated organic groups ([0010]).
Corveleyn teaches that the polysiloxane includes di(vinyl-terminated) polysiloxanes ([0055]), which reads on the claimed polysiloxane (B) having two or more ethylenically unsaturated bonds in the molecule.
Corveleyn teaches that the free-radical curing system comprises a free-radical initiator such as a peroxide ([0063]), which reads on the claimed radical initiator (C).
Corveleyn also teaches that the curable composition is paste ([0068]).
Corveleyn further teaches that the curable composition is cured to make a fluoropolyether-polysiloxane elastomer (abstract), the fluoropolyether-polysiloxane elastomer has low glass transition temperatures and has sufficient mechanical strength to be used in the preparation of shaped articles ([0021]), and the fluoropolyether-polysiloxane elastomer has high chemical resistance ([0022]).
Corveleyn does not teach a single embodiment with all the claimed elements together.
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 make the curable composition as a paste comprising a fluoropolyether such as a di(vinyl-terminated) perfluoropolyether, a polysiloxane such as a di(vinyl-terminated) polysiloxane, and a free-radical initiator as taught by Corveleyn, in order to make a cured product (i.e. a fluoropolyether-polysiloxane elastomer) having low glass transition temperature and sufficient mechanical strength to be used in the preparation of shaped articles, and having high chemical resistance with a reasonable expectation of success. Therefore, the invention as a whole would be obvious to a person of ordinary skill in the art.
Regarding claim 2, Corveleyn teaches that the curable composition comprising 10 to 90 weight percent of the fluoropolyether, and 90 to 10 weight percent of the polysiloxane based on a total weight of the curable composition ([0111]-[0113]). Thus, the fluoropolyether of Corveleyn is in an amount of 10 to 90 weight percent with respect to a total 100% by weight of the amount of the fluoropolyether and the polysiloxane, which overlaps with the claimed range of “30 to 96% by mass”.
Regarding claim 3, Corveleyn teaches that the curable composition further comprises a coagent, wherein the coagent comprises at least two functional organic groups which can comprise monovalent free-radically polymerizable ethylenically-unsaturated organic groups ([0095]).
Corveleyn also teaches that the coagent is preferably triallyl isocyanurate ([0066]), which reads on the claimed compound (D) having two or more ethylenically unsaturated bonds in the molecule, and the claimed compound (D) being other than the perfluoropolyether (A) and the polysiloxane (B).
Regarding claim 4, the instant invention discloses that thermally conductive filler (E) includes silicon oxide (SiO2) and/or carbon nanotube (instant [0071]).
Corveleyn teaches that the curable composition further comprises at least one filler ([0068]), wherein the filler includes silica (i.e. silicon oxide) ([0071]), and/or carbon nanotube ([0074]), which reads on the claimed thermally conductive filler (E).
Regarding claim 5, Corveleyn teaches that the curable composition is a paste and has a viscosity of from 2,000 to 50,000 mPa·sec at 25°C with a Brookfield viscometer ([0068]), equaling to 2 to 50 Pa·sec, which falls within the claimed range of “500 Pa·s or less”.
Conclusion
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/JIAJIA JANIE CAI/Examiner, Art Unit 1761
/MATTHEW R DIAZ/Primary Examiner, Art Unit 1761