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 .
Response to Arguments
In their response dated 7/30/2026 applicants amended claims to recite that the fluorine elastomer is peroxide-crosslinkable. Claim 1 was also amended to limit the content of phenol resin powder is greater than 10 to 30 parts and silica is utilized in an amount of 10 to 30 parts. The content of silica overcomes the rejections of record because prior art taught less than 10 parts of silica (reference of Doi). Tanaka teaches silica powder and phenolic powder both in volume percentage which when translated to wt.% content of both would be below 10 wt.%. Consequently, new prior art was applied to meet the newly claimed content of silica.
Amendment to the claims further overcomes the Double Patenting Rejection of record.
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.
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.
Claims 1, 3, 4, 6 and 7are rejected under 35 U.S.C. 103 as being unpatentable over Ito (JPH 11-30666) in view of Kunimatsu (US 4,946,883).
With respect to claims 1, 6 and 7, Ito discloses a molding composition for components such as o-rings [0026] or other sealing applications which are both cured and molded. Important to note that limitation of claim 7 “for use in semiconductor manufacturing device” is a limitation directed to intended use. Additionally, the term “peroxide-crosslinkable” means ability for the rubber to be crosslinked by peroxide.
The composition of Ito comprises silicon rubber or fluororubber [0014]. Second component of the composition is phenolic resin powder [0018] utilized in an amount of 5-80 parts by weight (claim 6).
Lastly, Ito discloses use of filler such as silica, as long as its content does not impair slidability and durability of the molded article however, Ito does not disclose the amount of the silica.
Kunimatsu discloses composition, which has improved processability and excellent chemical resistance, mechanical properties, heat resistance and oil resistance. The composition comprises (col. 2) peroxide curable rubber as component A, peroxide curable organopolysiloxane as component B, alkoxysilane as component C, reinforcing filler as component D and organoperoxide as the component E.
In the composition of Kunimatsu, preferred reinforcing filler is silica utilized in an amount of 1-60 parts.
In the light of the above disclosure, it would have been obvious to one having ordinary skill in the art at the time instant invention was filed to utilize silica in the amount disclosed in Kunimatsu and thereby obtain composition with good chemical resistance and heat stability.
With respect to claim 3, Ito teaches fluorine elastomer.
With respect to claim 4, the average particle size of the phenolic resin is less than 205 microns or less.
Claims 1, 3, 4, 6 and 7are rejected under 35 U.S.C. 103 as being unpatentable over Ito (JPH 11-30666) in view of Hamakubo (JP 2014-114383 translation provided).
With respect to claims 1, 6 and 7, Ito discloses a molding composition for components such as o-rings [0026] or other sealing applications which are both cured and molded. Important to note that limitation of claim 7 “for use in semiconductor manufacturing device” is a limitation directed to intended use. Additionally, the term “peroxide-crosslinkable” means ability for the rubber to be crosslinked by peroxide.
The composition of Ito comprises silicon rubber or fluororubber [0014]. Second component of the composition is phenolic resin powder [0018] utilized in an amount of 5-80 parts by weight (claim 6).
Lastly, Ito discloses use of filler such as silica, as long as its content does not impair slidability and durability of the molded article however, Ito does not disclose the amount of the silica.
Hamakubo discloses composition for use in semiconducting industry, which requires at least chemical resistance and heat resistance. The composition of Hamakubo exhibits suppressed crack formation. Composition of Hamakubo comprises fluorine elastomer, silica and peroxide cross linker. The content of silica is 3-50 parts.
In the light of the above disclosure, it would have been obvious to one having ordinary skill in the art at the time instant invention was filed to utilize silica in the amount disclosed in Hamakubo and thereby obtain composition with good chemical resistance and heat stability. Addition of silica as shown in Hamakubo further suppresses crack resistance which is an important property of sealing materials.
With respect to claim 3, Ito teaches fluorine elastomer.
With respect to claim 4, the average particle size of the phenolic resin is less than 205 microns or less.
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.
Correspondence
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/KATARZYNA I KOLB/Primary Examiner, Art Unit 1767 August 26, 2026
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