DETAILED ACTION
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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Response to Amendment
The amendments filed on November 26, 2025 have been entered. Claims 1-18 remain pending in the application.
Claim Rejections - 35 USC § 103
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.
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
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 1-11 are rejected under 35 U.S.C. 103 as being unpatentable over Guichard et al (US 2016/0289416 A1) in view of Pohl et al (US 8551428 B2).
Regarding Claims 1-2 and 6-7: Guichard teaches a curable elastomer composition comprising a crosslinkable synthetic rubber/polyorganosiloxane (para. 0001) and hydromagnesite (para. 0074).
Guichard is silent to the hydromagnesite being a precipitated hydromagnesite.
Pohl teaches a precipitated hydromagnesite (abstract) that is surface-treated with fatty acids (col. 6, lines 11-17) and is suitable for use in rubber compositions as flame retardants (col. 1, lines 11-17). Pohl and Guichard are analogous art because they are directed toward the same field of endeavor, namely hydromagnesite for use in flame retardant applications.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to substitute the hydromagnesite in the composition taught by Guichard with the precipitated hydromagnesite taught by Pohl because the precipitated hydromagnesite is inexpensive and has a higher degree of control of particle size and shape as opposed to natural ground hydromagnesite (col. 3, lines 4-39).
Regarding Claim 3: Guichard teaches that the hydromagnesite is present at 1-200 parts by weight per 100 parts by weight of the crosslinkable polymer (para. 0076). This overlaps the claimed range. In the case where the claimed ranges overlap or lie inside ranges disclosed by the prior art, a prima facie case of obviousness exists. MPEP 2144.05 (I). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use an overlapping amount of hydromagnesite and would have been motivated to do so to achieve a sufficient flame retardant effect.
Regarding Claim 4: Guichard teaches a particle size of 1-15µm (para. 0089).
Regarding Claim 5: Because the calcium carbonate is presented as an optional component, the further limitations of the calcium carbonate are also optional.
Regarding Claim 8: Guichard teaches a crosslinking agent (para. 0078, hardening component).
Regarding Claim 9: Guichard teaches a pigment (para. 0193).
Regarding Claims 10-11: Guichard teaches a wire or cable comprising the cured product of the rubber/hydromagnesite composition (para. 0198).
Response to Arguments
Applicant’s arguments filed on November 26, 2025 with respect to claims 1-11 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
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
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CAITLIN N ILLING whose telephone number is (571)270-1940. The examiner can normally be reached Monday-Friday 8AM-4PM.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Mark Eashoo can be reached at (571)272-1197. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/C.N.I./Examiner, Art Unit 1767
/MARK EASHOO/Supervisory Patent Examiner, Art Unit 1767
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