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 .
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1, 3-10, 15, and 17 are rejected under 35 U.S.C. 102a1 as being anticipated by Itagaki et al, US 5,916,090.
Itagaki et al teach a defoaming composition comprising a mixture of two polyorganosiloxanes, one of which is a hydroxyl-containing organopolysiloxane according to the formula:
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38
346
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wherein R1 is a hydrocarbyl group of from 1 to 20 carbon atoms and n is from 1 to 10, and a finely divided silica powder (aka filler) (col. 3, lines 1-10). The formula above is identical to the formula in claim 1 when a, b, c, and x are equal to zero, R10 is hydrogen, Y is 10, and R4, R5, R6, and R9 are methyl. As this reference meets all material limitations of the claims at hand, the reference is anticipatory.
With respect to claim 3, the other diorganopolysiloxane in the mixture satisfies this limitation.
With respect to claims 4, 6, 7, and 15, the hydroxyl-containing organopolysiloxane above is identical to the organopolysiloxane claimed, has a viscosity of 6700 centistokes (col. 7, example 2) and so will have a density, surface tension, molecular weight, and boiling point within the ranges claimed.
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.
Claims 1-13, and 15-22 are rejected under 35 U.S.C. 103 as being unpatentable over Nedelec et al, US 5,387,364.
Nedelec et al teach a foam control agent comprising an organopolysiloxane of the formula:
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106
424
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wherein x is 58, y is 40, and n is 17, and this organopolysiloxane is mixed with a precipitated silica (col. 8, lines 1-12). The alkyl pendant group shown above is an example of a “Z group” as taught by the reference, which may be alkyl, as shown above, but Z may also be an oxygen atom, resulting in an ether, hydroxyl, or alkoxy group (col. 5, lines 1-15). It would have been obvious for one of ordinary skill in the art to substitute an oxygen atom in the pendant alkyl group above and result in an ether group as claimed, as ether groups are specifically contemplated by the reference. This modification will result in an octadecyl ether OR10 group.
With respect to claims 2 and 3, the foam control agent further comprises a hydrocarbon oil and an MQ resin consisting essentially of triorganosiloxane and SiO4/2 groups (see abstract).
With respect to claims 4, 6, 7, and 15, these organopolysiloxanes may have viscosities as high as many thousands of cps (col. 4, lines 1-5), are within the parameters of the organopolysiloxane claimed, and so will have a viscosity, density, surface tension, molecular weight, and boiling point within the ranges claimed.
With respect to claim 11, Z may be interrupted with oxygen and nitrogen groups and so interrupt the alkyl group as claimed (col. 5, lines 10-15).
With respect to claims 17 and 20, the reference teaches that the values of x and y in the formula above are not crucial and may range from zero to many hundreds (col. 4, lines 1 to 5), and so the reference allows for 0% x units or from 95 to 99% of the y units.
With respect to claim 22, these foam control agents may be used in detergents with surfactants (col. 7, lines 3-43).
Claims 1-22 are rejected under 35 U.S.C. 103 as being unpatentable over Nedelec et al, US 5,387,364 in view of Stenger, US 2021/0108159.
Nedelec et al are relied upon as set forth above. Though the reference teaches MQ resins, it does not teach the resins of present claim 14.
Such resins are common however, and are used in combination with organopolysiloxanes and fillers as taught by Stenger where the resins with divalent groups SiO2/2 and trivalent groups SiO3/2 may be used in amounts no more than 20% of all siloxane units present (¶133). It would have been obvious for one of ordinary skill in the art to add a well-known organosilicon resin to the foam controlling composition of Nedelec et al as MQ resins are preferred for use by Nedelec et al and Stenger teaches other MQ resins as preferred in foam controlling compositions.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. There are many organosiloxanes for use as defoamers that contemplate a hydroxyl (OH) group attached to the silicon atom.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHARLES I BOYER whose telephone number is (571)272-1311. The examiner can normally be reached M-S 10-430.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Angela Brown-Pettigrew can be reached at 5712722817. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/CHARLES I BOYER/Primary Examiner, Art Unit 1761