DETAILED ACTION
Notice of Pre-AIA or AIA Status
1. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Election/Restrictions
2. Applicants’ election without traverse of Group I (Claims 1-8; "a fluorine rubber composition") in the reply filed on 04/24/2026 is acknowledged.
3. Claims 9-15 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to nonelected inventions, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 04/24/2026.
Claim Objections
4. Claims 6 and 8 are objected to because of the following informalities:
As to Claim 6: The applicants are advised to replace the claimed phrase “further comprising a crosslinker” with the new phrase “wherein the composition further comprises a crosslinker”.
As to Claim 8: The applicants are advised to replace the claimed “further comprising a cross-linking aid” with the new phrase “wherein the composition further comprises a cross-linking aid”.
Appropriate corrections are required.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
5. Claims 1-2 and 4-8 are rejected under 35 U.S.C. 103 as being unpatentable over English Translation of JP 2019-1728971 (hereinafter referred to as “JP ‘897”) in view of English Translation of JP 2004-1688812 (hereinafter referred to as “JP ‘881”).
The claims are directed to a fluorine rubber composition comprising:
a component A that is a base rubber containing a hydrogen-containing fluorine rubber as a main component;
a component B that is a compound having a perfluoropolyether skeleton, a part or whole of the component B containing an alkenyl group in a molecule; and
a component C that is a powdery filler having a particular bulk density, wherein
(pC/dC)/(pB/dB) ≥ 4 being satisfied wherein dB is a density of the component B (compound having a perfluoropolyether skeleton); pB is a content of the component B (compound having a perfluoropolyether skeleton) relative to 100 parts by mass of the component A; dC is the bulk density of the component C (powdery filler having a bulk density of 0.4 g/cm3 or less); and pC is a content of the component C (powdery filler) relative to 100 parts by mass of the component A.
As to Claims 1-2 and 4-8: JP ‘897 discloses a fluorine rubber composition for manufacturing fluororubber sealants (Paragraphs [0001] and [0004]), comprising a hydrogen-containing fluororubber as the main rubber component (corresponding to the claimed component A, i.e., base rubber including a hydrogen-containing fluorine rubber) (Paragraphs [0013] and [0014]) and a hydrogen site protectant selected from perfluoro skeleton compound having an alkenyl group within the molecule including perfluoropolyether compounds as a whole (corresponding to the claimed component B) (Paragraphs [0023] and [0024]). JP ‘897 also discloses the compound containing an alkenyl group in a molecule in the component B is 100% by mass (Paragraph [0023]), which is encompassed by the claimed 20% by mass or more of the compound containing an alkenyl group, and is a one-component material (Paragraphs [0023] and [0024]). JP ‘897 further discloses that the rubber composition further comprises an organic peroxide as a thermal crosslinking agent and a crosslinking aid (Paragraphs [0006] and [0015]) as required by present claims 6-8.
While JP ‘897 discloses the addition of powdered inorganic fillers, including silica, to the rubber composition (Paragraph [0026]), it does not specify such filler as having a particular bulk density of 0.4 g/cm3 or less as required by the claims.
Nevertheless, JP ’881, like JP ‘897, discloses a fluoropolyether rubber composition suitable for sealings (Paragraphs [0001]-[0004]). JP ‘881 also discloses the addition of powdery silica filler having a bulk density of 30-80 g/l (equivalent to 0.03-0.08 g/cm3 and thus, encompassed by the claimed bulk density of 0.4 g/cm3 or less) to provide the rubber composition with desired reinforcement and improved mechanical strength and anti-sticking properties (Paragraphs [0016]-[0022]).
Given the above teachings, it would have been obvious to one of ordinary skill in the art to use the powdery silica filler having the claimed bulk density taught by JP ‘881 as the powdered silica fillers in the fluorine rubber composition discussed in JP ‘897, with a reasonable expectation of successfully providing the same with desired reinforcement and improved mechanical strength suitable for sealings.
Moreover, as to the claimed (pC/dC)/(pB/dB) ≥ 4, dB is a density of the component B (compound having a perfluoropolyether skeleton); pB is a content of the component B (compound having a perfluoropolyether skeleton) relative to 100 parts by mass of the component A; dC is the bulk density of the component C (powdery filler having a bulk density of 0.4/cm3 or less); and pC is a content of the component C (powdery filler) relative to 100 parts by mass of the component A.
According to paragraphs [0014]-[0015], [0018] and [0020] of the present specification, the bulk density of the component C (dC) is 0.4 g/cm3 or less, the content of the component C (pC) is 0.1 parts by mass or more, the density of the component B (dB) is 1.5-2.5 g/cm3, the content of the component B (pB) is 0.1 parts by mass or more.
Specifically, JP ‘897 discloses that the content of the hydrogen site protective agent (corresponding to the claimed component B, i.e., compound having a perfluoropolyether skeleton) is preferably 1-20 parts by mass per 100 parts by mass of the rubber component (Paragraph [0025]), which is encompassed by the disclosed pB or content of component B, i.e., 0.1 parts by mass or more. JP ‘897 also discloses the claimed compound having a perfluoropolyether skeleton, a part or whole of the component B containing alkenyl groups including preferably a vinyl group (Paragraph [0023]), which according to applicants at paragraphs [0012]-[0014] of the present specification are known to possess a density (dB) of 1.5-2.5 g/cm3. JP ‘897 further discloses that the content of powdered inorganic fillers, including silica, used is 0-5 parts by mass, per 100 parts by mass of the rubber component (Paragraph [0026]), but does not specify the bulk density of the component C (dC) and its content of component C (pC). Nevertheless, JP ‘881 discloses the addition of powdery silica filler (component C) having a bulk density of 30-80 g/l (equivalent to 0.03-0.08 g/cm3 and thus, encompassed by the claimed and disclosed dC, i.e., bulk density of 0.4 g/cm3 or less) in an amount of 10-40 parts by weight (Paragraph [0022]), which is encompassed by the disclosed pC (i.e., 0.1 parts by mass or more), to provide the rubber composition with desired reinforcement and improved mechanical strength and anti-sticking properties (Paragraphs [0016]-[0022]). Thus, it would have been obvious to one of ordinary skill in the art to employ the powdery silica filler having the claimed bulk density (dc) in the claimed amount (pc) taught by JP ‘881 to the rubber composition of JP ‘897, with a reasonable expectation of successfully providing the same with desired reinforcement and improved mechanical strength and anti-sticking properties. It follows that the collective teachings of JP ’897 and ‘881 would have suggested the claimed (pC/dC)/(pB/dB) ≥ 4 being satisfied since they teach and suggest the claimed dB (density of the component B), pB (content of the component B), dC (bulk density of the component C), and pC (content of the component C).
6. Claim 3 is rejected under 35 U.S.C. 103 as being unpatentable over English Translation of JP 2019-172897 (hereinafter referred to as “JP ‘897”) in view of English Translation of JP 2004-168881 (hereinafter referred to as “JP ‘881”) as applied to claims 1-2 and 4-8 above, and further in view of English Translation of JP 2006-036884 (hereinafter referred to as “JP ‘884”).
The disclosures with respect to JP ‘897 and JP ‘881 in paragraph 6 are incorporated here by reference. However, they do not specifically mention employing component B containing both the compound containing an alkenyl group in a molecule and a compound containing no alkenyl group in a molecule as required by present claim 3.
Nevertheless, JP ‘884 discloses the use of a compound having a perfluoropolyether skeleton comprising an alkenyl group and a compound containing hydroxyl and carboxyl groups (corresponding to the claimed compound having no alkenyl group in a molecule) to provide a fluororubber based composition with advantageous sealing performance suitable for sealing materials (Paragraphs [0004]-[0007] and [0010]-[0012]).
Given the above teachings, it would have been obvious to one of ordinary skill in the art to employ the compound having a perfluoropolyether skeleton comprising an alkenyl group and a compound containing hydroxyl and carboxyl groups (corresponding to the claimed compound having no alkenyl group in a molecule) taught by JP ‘884 in the fluorine rubber composition suggested by JP ‘897 and JP ‘881, with a reasonable expectation of successfully obtaining advantageous sealing performance suitable for sealing materials.
Correspondence
7. Any inquiry concerning this communication or earlier communications from the examiner should be directed to HANNAH J PAK whose telephone number is (571)270-5456. The examiner can normally be reached 8-5 PM; M-F.
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, Arrie Lanee Reuther, can be reached at (571)-270-7026. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/HANNAH J PAK/Primary Examiner, Art Unit 1764
1 Cited in the IDS submitted by applicants on 06/16/2023.
2 Cited in the IDS submitted by applicants on 06/16/2023.
Prosecution Insights