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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 02/28/2026 has been entered.
Claim Status
Claim 1 is amended. Support for the amendment to claim 1 can be found in [p. 0035] of the PG-Pub. Claims 1-9 are pending.
Response to Arguments
Applicant’s arguments, see p. 5-11, filed 02/28/2026, with respect to the rejection(s) of claim(s) 1, 2, 3, 7, 8, and 9 under 35 U.S.C. 103 as being unpatentable over Ashida et al (WO 2018/168315 A1*), in view of Schatzmuller-Baragas (US 2008/0113136 A1) have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made under 35 U.S.C. 103 as being unpatentable over Ashida et al (WO 2018/168315 A1*), in view of Schatzmuller-Baragas (US 2008/0113136 A1), in further view of Kamimoto (US 2018/0002606 A1).
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, 2, 3, 7, 8, and 9 are rejected under 35 U.S.C. 103 as being unpatentable over Ashida et al (WO 2018/168315 A1*), in view of Schatzmuller-Baragas (US 2008/0113136 A1), in further view of Kamimoto (US 2018/0002606 A1).
* References drawn to US equivelant document, US 2020/0070764 A1.
Ashida et al teaches an addition-curable liquid silicone rubber composition for flame-resistant airbags, wherein the composition includes [p. 0045]:
100 parts by weight of an organopolysiloxane which includes at least two silicon-bonded alkenyl groups;
5 to 100 parts by weight of an organopolysiloxane resin (B1) having a three-dimensional network structure consisting of (CH3)3SiO1/2 units, (CH3)(CH2═CH)SiO2/2 units and SiO4/2 units, having an alkenyl group content of 0.05 to 0.15 mol/100 g;
0.1 to 50 parts by weight of a silica fine powder;
an organohydrogenpolysiloxane containing at least two silicon-bonded hydrogen atoms per molecule, in an amount such that the number of silicon-bonded hydrogen atoms included on a molecule of component (D) per silicon-bonded alkenyl group in components (A) and (B) combined is from 1 to 10;
an effective amount of a platinum family metal catalyst as a hydrosilylation reaction catalyst;
from 0.1 to 10 parts by weight of an organosilicon compound containing an adhesion-promoting functional group, γ-glycidoxypropyltrimethoxysilane is exemplified; and
0.1 to 5 part by weight of at least one compound selected from organotitanium compounds and organozirconium compounds.
Ashida et al teaches addition-curable liquid silicone rubber composition can be prepared by uniformly mixing together the resulting components (A) to (F), preferably components (A) to (G), and other optional ingredients that are added [p. 0121]. Ashida et al teaches the airbag manufacturing method includes the steps of preparing the above-described addition-curable liquid silicone rubber composition, coating the composition onto at least one side of an airbag base fabric, and heat-curing the base fabric that has been coated with the composition [p. 0123]. Ashida et al teaches a known fabric may be used as the airbag base fabric (a base fabric consisting of a textile fabric) on which the silicone rubber layer is formed, wherein specific examples include woven fabrics composed of various types of synthetic fibers [p. 0125]. Ashida et al teaches the airbags are flame-resistant and have excellent low combustion rate properties [abstract]. Ashida et al contemplates the use of additional other ingredients including organopolysiloxanes, organic solvents, anti-creep hardening agents, plasticizers, thixotropy agents, pigments, and dyes [p. 120].
Although Ashida et al appears to be open to other additional additives, Ashida et al fails to disclose the use of the claimed intumescent flame-retardant additive (F).
Schatzmuller-Baragas teaches an airbag comprising a fabric finished with a silicone-based coating containing an intumescent flame-retardant [p. 0008, 0014, 0016]. Schatzmuller-Baragas teaches intumescent flame-retardants offer the advantage that they expand to several hundred times their original volume under the influence of heat, e.g. by intumescence, swelling or foaming, as a result of which a poorly heat-conducting layer is formed that protects the underlying gas bag fabric [p. 0008]. Schatzmuller-Baragas teaches that, compared with the conventional uncoated fabrics, the fabrics finished with the intumescent material exhibit an increased heat resistance and, compared with the fabrics finished with conventional flame retardants, they exhibit an at least equally good, if not even better heat resistance [p. 0018].
Kamimoto is directed toward an intumescent flame-retardant composition for synthetic resin compositions [p. 0001]. Kamimoto teaches the flame-retardant composition overcomes various drawbacks associated with conventional intumescent flame retardants, such as powder rise up at time of use, poor storage stability, and limited flame-retardancy [p. 0005, 0010]. The flame-retardant composition of Kamimoto comprises 20 to 50 parts by mass of component (A), 50 to 80 parts by mass of component (B) (with the proviso that the total of component (A) and component (B) is 100 parts by mass) [p. 0012]. Kamimoto teaches component (A) is at least one melamine salt selected from the group consisting of melamine orthophosphate, melamine pyrophosphate, and melamine polyphosphate; and component (B) is at least one piperazine salt selected from the group consisting of piperazine orthophosphate, piperazine pyrophosphate, and piperazine polyphosphate [p. 0013-0014]. Furthermore, Kamimoto teaches the flame-retardant composition may further include a hydrotalcite compound in view of heat resistance and weather resistance and reducing the possibility of corrosion in processing machines [p. 0115].
Kamimoto teaches the flame-retardant composition is effective for the flame-proofing of synthetic resins, and are preferably blended with a synthetic resin to provide a flame-retardant synthetic resin composition [p. 0134]. Kamimoto teaches concrete examples of synthetic resins that are flame-proofed by the flame-retardant composition include silicone resins and silicone rubbers [p. 0137]. Kamimoto teaches the synthetic resin comprises 40-90 mass % of the flame-retardant synthetic resin composition and the flame-retardant composition is 10-60 mass % of the flame-retardant synthetic resin composition [p. 042]. Kamimoto further teaches this flame-retardant synthetic resin composition can be used in textiles and airbag materials [p. 0145-0146].
The composition of Ashida et al is intended for use as a flame proof silicone protective coating for an airbag. Schatzmuller-Baragas teaches intumescent fire retardants form a poorly conductive coating on the surface of the airbag, protecting the airbag fabric underneath, and, compared with the fabrics finished with conventional flame retardants, they exhibit an at least equally good, if not even better heat resistance. Kamimoto teaches an intumescent flame-retardant composition with improved properties that is suitable for use with silicone rubbers for airbag applications. Kamimoto teaches the flame-retardant composition comprises 20 to 50 parts by mass of at least one melamine salt, and 50 to 80 parts by mass of at least one piperazine salt; and that the flame-retardant composition may comprise 10-60 mass % of a flame-retardant synthetic resin composition, and the silicone rubber may comprise 40-90 mass % of the flame-retardant synthetic resin composition and.
In light of this, it would have been obvious to one having ordinary skill in the art at the time the invention was filed to include 10-60 mass % of the intumescent flame retardant of Kamimoto in the silicone rubber composition of Ashida et al in order to further enhance the flame resistance of the composition of Ashida. In the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists. In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990).
Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over Ashida et al (WO 2018/168315 A1*), in view of Schatzmuller-Baragas (US 2008/0113136 A1), in view of Kamimoto (US 2018/0002606 A1), and further in view of Akitomo et al (US 2019/0092969 A1). The disclosure of Ashida, Schatzmuller-Baragas, and Kamimoto is above and is applied here as such.
* References drawn to US equivelant document, US 2020/0070764 A1.
Ashida et al teaches the composition may further comprise organopolysiloxanes with silicon-bonded alkenyl groups or other functional groups [p. 0120]. However, Ashida et al is silent with respect to silanol-group containing organosiloxane oligomers.
Akitomo et al teaches a silicone rubber composition suitable for coating airbags that is similar to the composition taught by Ashida et al [abstract]. The composition of Akitomo et al comprises: (A) 100 parts by weight of an organopolysiloxane having at least 2 alkenyl groups bonded to silicon atoms per molecule, (B) an organohydrogenpolysiloxane, (C) a hydrosilylation catalyst, (D) a fine powder silica, (E) an organotitanium compound and/or an organozirconium compound, (F) an alkoxysilane having an epoxy group and/or an alkoxysilane having a methacryl group or an acryl group [abstract]. Akitomo et al teaches the composition may further comprise silanol-group containing organosiloxane oligomers to improve adhesion to a woven textile and enhance storage stability [p. 0049-0051]. Akitomo et al teaches the silanol-group containing organosiloxane oligomer (G) is present in 0.01 to 5 parts by mass per 100 parts by mass of component (A) [p. 0020]
In light of this, it would have been obvious to one having ordinary skill in the art at the time the invention was filed to include the silanol-group containing organosiloxane oligomer (G) of Akitomo in the composition of Ashida et al at 0.01 to 5 parts by mass per 100 parts by mass of component (A) as Ashida et al is open to additional organopolysiloxanes with other functional groups and Akitomo teaches the silanol-group containing organosiloxane improves adhesion to a woven textile and enhance storage stability. In the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists. In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990).
Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Ashida et al (WO 2018/168315 A1*), in view of Schatzmuller-Baragas (US 2008/0113136 A1), in view of Kamimoto (US 2018/0002606 A1), and further in view of Masayuki et al (US 2009/0001690 A1). The disclosure of Ashida, Schatzmuller-Baragas, and Kamimoto is above and is applied here as such.
* References drawn to US equivelant document, US 2020/0070764 A1.
Ashida et al contemplates the use of additional other ingredients including organopolysiloxanes, organic solvents, anti-creep hardening agents, plasticizers, thixotropy agents, pigments, and dyes [p. 120]. Although Ashida et al appears to be open to other additional additives, Ashida et al fails to disclose the use of the claimed organoaluminum additive.
Masayuki et al teaches a silicone rubber composition suitable for coating airbags that is similar to the composition taught by Ashida et al [abstract]. The composition of Masayuki et al comprises: (A) 100 parts by weight of an organopolysiloxane having at least 2 alkenyl groups bonded to silicon atoms per molecule, (B) an organohydrogenpolysiloxane, (C) a hydrosilylation catalyst, (D) a fine powder silica, (E) an organosilicon compound containing an epoxy radical and (F) an organometallic compound [p. 0009-0016] Masayuki et al teaches the organometallic compound (F) may be an organoaluminum compound which acts as a condensation co-catalyst for enhancing adhesion, wherein the organoaluminum compound is 0.01-5 mass parts with respect to 100 mass parts of (A) component [p. 0046-0050]. Masayuki et al teaches adhesiveness and airtightness fall if (F) is less than 0.01 mass part [p. 0050].
In light of this, it would have been obvious to one having ordinary skill in the art at the time the invention was filed to include the organoaluminum compound (F) of Masayuki in the composition of Ashida et al at 0.01 to 5 parts by mass per 100 parts by mass of component (A) as Masayuki teaches the organoaluminum compound improves adhesion to a woven textile and enhance airtightness. In the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists. In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990).
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Ashida et al (WO 2018/168315 A1*), in view of Schatzmuller-Baragas (US 2008/0113136 A1), in view of Kamimoto (US 2018/0002606 A1), and further in view of Yamamoto et al (JP 2010/053493 A**). The disclosure of Ashida, Schatzmuller-Baragas, and Kamimoto is above and is applied here as such.
* References drawn to US equivelant document, US 2020/0070764 A1.
Ashida et al references an airbag which, by covering a textile surface with a liquid silicone rubber composition obtained by adding a reinforcing silica fine powder and aluminum hydroxide to an addition-curable composition, possesses the excellent combustion rate and a low surface tack [p. 0003; Reference drawn to Yamamomo et al]. Furthermore, Ashida et al teaches fillers other than the silica powder of component (C), such as aluminum hydroxide, may be present in the composition [p. 0119]. Ashida et al is silent with respect to the amount of aluminum hydroxide that may be present in the composition.
Yamamoto et al teaches the inclusion of (E) 10-30 parts by mass of aluminum hydroxide relative to (A) 100 parts by mass of an alkenyl-containing diorganopolysiloxane to prepare a silicone rubber coating for airbags [p. 0005, 0007]. Yamamoto teaches, if the aluminum hydroxide content is less than the lower limit, the flame resistance of the coated fabric formed by coating the composition of the present invention becomes insufficient, and if the aluminum hydroxide content exceeds the upper limit the coating composition will not penetrate the coated airbag fabric [p. 0015].
In light of this, it would have been obvious to one having ordinary skill in the art at the time the invention was filed to include the aluminum hydroxide of Yamamoto et al in the composition of Ashida et al at 10 to 30 parts by mass per 100 parts by mass of component (A) as Ashida et al is open the inclusion of additional fillers, including aluminum hydroxide, and Yamamoto et al teaches the effective amounts of aluminum hydroxide to yield the desired flame resistance while allowing the composition to penetrate the coated airbag fabric. In the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists. In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990).
Conclusion
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/HOLLEY GRACE HESTER/Examiner, Art Unit 1766
/RANDY P GULAKOWSKI/Supervisory Patent Examiner, Art Unit 1766
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