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 .
Election/Restrictions
1. Applicant’s election without traverse of claims 1-13 in the reply filed on 4/23/26 is acknowledged.
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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
2. Claim(s) 1-11 is/are rejected under 35 U.S.C. 102(a) as being anticipated by Izumi et al. (US20060263619).
As to claim 1, Izumi et al. discloses a curable composition comprising a resin component (paragraph 0013) and a thermal initiator (paragraph 0016). As to wherein the thermal initiator has a 10-hour half-life temperature of 600C or more, and the curable composition has exhibiting a Shore A hardness of 70 or more when maintained at 500C for 50 minutes or less, since Izumi et al. discloses same materials (paragraph 0021, 0031) desired by the applicant it is inherent that wherein the thermal initiator has a 10-hour half-life temperature of 600C or more, and the curable composition has exhibiting a Shore A hardness of 70 or more when maintained at 500C for 50 minutes or less. “Products of identical chemical composition can not have mutually exclusive properties. ”A chemical composition and its properties are inseparable. Therefore, if the prior art teaches the identical chemical structure, the properties applicant discloses and/or claims are necessarily present. In re Spada, 911 F.2d 705, 709, 15 USPQ2d 1655, 1658(Fed. Cir. 1990)
As to claim 2, Izumi et al. discloses wherein the resin component comprises a polymer component containing a unit derived from a compound having a curable functional group (paragraph 0019).
As to claim 3, Izumi et al. discloses wherein the curable functional group comprises has one or more functional groups selected from the group consisting of an alkenyl group, an alkynyl group, a (meth)acrylate group, a carboxyl group, an amide group, an amino group, an epoxy group, an isocyanate group, a cyano group, an acid anhydride group, a mercapto group, a silanol group, an alkoxysilane group, a hydroxyl group and an oxazoline group (paragraph 0021).
As to claim 4, Izumi et al. discloses wherein the polymer component comprises an acrylic polymer component, and the acrylic polymer component comprises a (meth)acrylate-derived unit containing an alkyl group and a (meth)acrylate-derived unit containing a hydroxyl group (paragraph 0021).
As to claim 5, Izumi et al. discloses wherein the acrylic polymer component desired by the applicant (paragraph 0021,0027) therefore, it is inherent that the acrylic polymer component has a weight average molecular weight (Mw) in a range of 30,000 to 200,000 g/mol and a polydispersity index (PDI) in a range of 1 to 4. “Products of identical chemical composition can not have mutually exclusive properties.”A chemical composition and its properties are inseparable. Therefore, if the prior art teaches the identical chemical structure, the properties applicant discloses and/or claims are necessarily present. In re Spada, 911 F.2d 705, 709, 15 USPQ2d 1655, 1658(Fed. Cir. 1990)
As to claim 6, Izumi et al. discloses wherein the resin component comprises a monomer component containing a compound having a curable functional group, wherein the monomer component comprises an acrylic monomer component, and the acrylic monomer component comprises a (meth)acrylate containing an alkyl group and a (meth)acrylate containing a hydroxyl group (paragraph 0021).
As to claim 7, Izumi et al. discloses wherein the resin component has a glass transition temperature (Tg) in a range of -50°C to 0C (paragraph 0027).
As to claim 8, Izumi et al. discloses, further comprising a filler component (paragraph 0029) and since Izumi et al. discloses the same materials desired by the applicant it is inherent that forming the curable composition is configured to form a cured product having a thermal conductivity of 2 W/mK or more. “Products of identical chemical composition can not have mutually exclusive properties. ”A chemical composition and its properties are inseparable. Therefore, if the prior art teaches the identical chemical structure, the properties applicant discloses and/or claims are necessarily present. In re Spada, 911 F.2d 705, 709, 15 USPQ2d 1655, 1658(Fed. Cir. 1990)
As to claim 9, Izumi et al. discloses comprising wherein the filler component is present in a range of 60 wt% to 98 wt% relative to the a total weight of the curable composition (paragraph 0014,0037).
As to claim 10, Izumi et al. discloses, further comprising a photoinitiator (paragraph 0016).
As to claim 11, Izumi et al. discloses, wherein the a weight ratio (IH/Iu) of the thermal initiator (IH)to the photoinitiator (Iu) is in a range of 0.01 to 5 (paragraph 0037).
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.
3. Claim(s) 12-13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Izumi et al. in view of Ishizaki et al. (JP2011052161A).
Izumi et al. discloses the curable composition described above. Izumi et al. fail to disclose wherein the photoinitiator comprises a radical initiator and a cationic initiator and wherein the a weight ratio (IR/IP) of the radical initiator (IR)to the cationic initiator (IP) is in a range of 0.01 to 2.
Ishizaki et al. teaches wherein the photoinitiator comprises a radical initiator and a cationic initiator and wherein the a weight ratio (IR/IP) of the radical initiator (IR)to the cationic initiator (IP) is in a range of 0.01 to 2 for the purpose of providing resistance to humid heat that can be improved and enhanced (paragraph 0016,0008).
Therefore, it would have been obvious to one having ordinary skill in the art at the time applicant's invention was made to provide Izumi et al. with wherein the photoinitiator that comprises a radical initiator and a cationic initiator and wherein the a weight ratio (IR/IP) of the radical initiator (IR)to the cationic initiator (IP) is in a range of 0.01 to 2 for the purpose of providing resistance to humid heat that can be improved and enhanced (paragraph 0016,0008).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JANE J RHEE whose telephone number is (571)272-1499. The examiner can normally be reached Monday-Friday (10-6:30).
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, Miriam Stagg can be reached at 571-270-5256. 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.
/JANE J RHEE/Primary Examiner, Art Unit 1724
Prosecution Insights