DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Any new grounds of rejection set forth below are necessitated by Applicant’s amendment. For this reason, the present action is properly made final.
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, 6, 24-28, 30-31, 33, 39-41, 47, 53, 55-57 are pending. Claims 31, 33, 39-41, 47, 53-55 are withdrawn. Accordingly, claims 1-3, 6, 24-28, 30, 56-57 are under examination.
Claim Rejections - 35 USC § 103
Claims 1-3, 6, 23-28, 30 are rejected under 35 U.S.C. 103 as being unpatentable over Takashi et al. (WO 2013/042638) in view of Tournilhac et al. (US 2015/0125646).
Regarding claim 1: Takashi is directed to a moisture curable composition comprising:
A hydrolysable component comprising a ketoximate groups (equivalent to a imine containing polymer) as component (A) and
A thermally conductive fillers of aluminum nitride, boron nitride, silicon nitride are disclosed (p. 2 Takashi).
Wherein the silane containing polymer comprises a polyester, polyether, polyurethane, polyurea (p. 2 Takashi).
Takashi doesn’t mention a thermally conductive filler package of claim 1.
Tournilhac is directed to a moisture curable composition comprising a polymer component and a thermally conductive filler including aluminum nitride, boron nitride, silicon nitride ([0034] Tournilhac). The thermally conductive package comprising thermally conductive electrically insulative filler particles, the thermally conductive filler particles have a thermal conductivity of at least 5 W/mK ([0027]) (equivalent to a thermally conductive filler particles of at least 5 W/mK measured according to ASTM D7984) and a volume resistivity of at least 1 Ω.m ([0403]) (equivalent to a volume resistivity of at least 1 1 Ω.m measured according to ASTM D257).
One skilled in the art would have been motivated to have selected the thermally conductive filler of Tournilhac as the thermally conductive filler in Takashi since Takashi already lists the same thermally conductive fillers of aluminum nitride, boron nitride, silicon nitride as well as to produce a composition having a thermally conductivity superior to 0.5 W/mK ([0030] Tournilhac). Therefore, it would have been obvious to one skilled in the art at the time the invention was filed to have selected the thermally conductive filler of Tournilhac as the thermally conductive filler in Takashi.
Regarding claim 2: The hydrolysable component is free of a silane of the formula of claim 2.
Regarding claim 3: A silyl containing polymer of a silyl terminated polymer is disclosed. Also disclosed are silane terminated polymers, e.g. monoalkoxysilyl group terminated polyester that can also contain a ketoximate group.
Regarding claim 6: The blending amount of component (C) is 1:99 to 70:30 and component (B) is 150 to 3000 parts by mass of component (A) which at least overlaps the claimed 2-90% by volume (i) or 1.5% - 89.5% vol (ii) given the very broad claimed ranges.
A prima facie case of obviousness typically exists when the ranges of a claimed composition overlap the ranges disclosed in the prior art. In re Peterson, 315 F.3d 1325, 1329 (Fed. Cir. 2003).
Regarding claim 24: The thermally conductive filler is used in an amount of 5-80 vol% of the polymer composition ([0035] Tournilhac).
Regarding claim 25: The thermally conductive filler particles have a thermal conductivity of at least 5 W/mK ([0027]) (equivalent to a thermally conductive filler particles of at least 5 W/mK measured according to ASTM D7984) and a volume resistivity of at least 1 Ω.m ([0403]) (equivalent to a volume resistivity of at least 1 1 Ω.m measured according to ASTM D257) in an amount of 5-80 vol% based on the weight of the composition. It follows the filler in the filler package includes an amount of no more than 10% by volume based on total volume of the filler package.
A prima facie case of obviousness typically exists when the ranges of a claimed composition overlap the ranges disclosed in the prior art. In re Peterson, 315 F.3d 1325, 1329 (Fed. Cir. 2003).
Regarding claim 26: The composition further comprises a curing agent ([0137] Tournilhac).
Regarding claim 27: The thermally conductive electrically insulative filler particles are stable filler particles of aluminum nitride, boron nitride, silicon nitride ([0034] Tournilhac).
Regarding claim 28: Thermally stable particles include boron nitride. Selection of 100% filler particles of boron nitride results in a composition comprises thermally table filler particles of 100% by volume based on total volume of the thermally conductive insulative particles.
Regarding claim 30: Takashi discloses fillers include aluminum hydroxide and magnesium hydroxide (p. 2 Takashi), and are defined by the present invention as unstable filler. With regards to the claimed amount, Takashi teaches the filler particles [package] are used in an amount of 0-80 vol% of the composition ([0035] Tournilhac). Hence, selection of 90% vol of the unstable filler and 10 vol% of the fillers in Tournilhac are well within the scope of Takashi and Tournilhac.
Regarding claims 56-57: Takashi discloses fillers include aluminum hydroxide and magnesium hydroxide (p. 2 Takashi), and are defined by the present invention as unstable filler. With regards to the claimed amount, Takashi teaches the filler particles [package] are used in an amount of 0-80 vol% of the composition ([0035] Tournilhac). Hence, selection of 90% vol of the unstable filler and 10 vol% of the fillers in Tournilhac are well within the scope of Takashi and Tournilhac.
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.
Contact Information
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ROBERT T BUTCHER whose telephone number is (571)270-3514. The examiner can normally be reached Telework M-F 9-5 Pacific Time Zone.
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/ROBERT T BUTCHER/Primary Examiner, Art Unit 1764
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