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 Objections
Claim 25 objected to under 37 CFR 1.75 as being a substantial duplicate of claim 10.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 9-25 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claims 9 and 17 recite the limitation "the hydrolysis product thereof". There is insufficient antecedent basis for this limitation in the claim. It is suggest this be amended to “a hydrolysis product thereof”. Claims 10-16, 18-25 depend from claims 9 and 17 and contain the same indefinite issues.
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.
Claim(s) 9-14, 16-25 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Li (US 2024/0010797) having an effective filing date of 1/27/2021, which is before the effective filing date of the instant application, 2/23/2021.
Li teaches a composition containing filler particles where the composition includes (a) a polyorganosiloxane containing 2 or more succinic anhydride groups and (b) a second polyorganosiloxane (abstract). Li teaches the succinic terminated anhydride polysiloxane has the structure
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(¶21-22) which has more than one siloxane group and shows the anhydride is connected to the polysiloxane through an Si-C bond and that 2 anhydride groups are present. Li teaches the succinic terminated anhydride polysiloxane is combined with a vinyl dimethyl terminated polydimethylsiloxane (Tables 1-2; ¶ 62-63). The second polyorganosiloxane (the vinyl dimethyl terminated polydimethylsiloxane) corresponds to the claimed dispersion medium. Note instant claim 10 and pg. 10 of the instant specification states the dispersion medium is a silicone. As Li teaches a second polyorganosiloxane (a silicone) is present, this falls in the scope of the claimed dispersion medium. Li teaches an example which uses 6.27 g of the second polyorganosiloxane and 45.89 g of Filler 1 (Table 2) which is aluminum trihydrate particles having a particle size of 45 microns (Table 1). This gives a ratio of filler particles of 45.89 : 6.27 to the second polyorganosiloxane, or about 732 parts filler particles to 100 parts second polyorganosiloxane. This falls in the range of claim 9. Li teaches an example which uses 6.27 g of the second polyorganosiloxane and 26.50 g of Filler 2 (Table 2) which is crushed alumina particles having a particle size of 3 microns (Table 1). This gives a ratio of filler particles of 26.50 : 6.27 to the second polyorganosiloxane, or about 423 parts filler particles to 100 parts second polyorganosiloxane. This falls in the range of claim 9. No water is present and thus the composition is non-aqueous.
A vinyl dimethyl terminated polydimethylsiloxane is a crosslinkable silicone because it has vinyl groups and because it has repeating organosiloxane groups. This meets claims 10-11, and 25.
Filler 2 is crushed alumina particles having a particle size of 3 microns (Table 1) which meets claim 13-14. Crushed alumina particles are either going to be spherical or irregular because these are alternative embodiments of shapes.
Li teaches 20 g of the composite is added to 0.02 g of the First Polyorganosiloxane (¶ 63) which is about 0.1 wt% and meets claim 16.
Li teaches the composition is mixed at 1500 RP (¶64) which corresponds to subjecting the dispersion to shear force and meets the process limitation of claim 17. Succinic anhydride has a 5 membered ring which meets claims 18 and 22.
Li teaches the compositions are electrically conductive compositions (¶58-59) or thermally conductive compositions (¶ 53-57). One of ordinary skill in the art would have instantly envisaged using the thermally and electrically conductive composition as a thermal interface material on an electrical component because the compositions is both thermally and electrically conductive.
Claim(s) 15 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Li (US 2024/0010797) as evidenced by Yun (US 2020/0040152).
The discussion with respect to Li above is hereby incorporated by reference.
Li teaches the First Polysiloxane 1 is ZMS-Z21 from Gelest (Table 1) which has a Mn of 600-800 as evidenced by ¶102 of Yun.
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.
Claim(s) 21 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ota (US 2020/0270499) in view of Li (US 2024/0010797).
Ota teaches a thermally conductive gel composition (abstract) used as a cured product (¶ 31) in electrical and electronic devices such as electrodes, electrical circuits and power generating systems (¶ 153-154) where the composition is interposed at the interface (¶ 141).
Ota does not expressly recite the composition of claim 9.
However, Li teaches a composition containing filler particles where the composition includes (a) a polyorganosiloxane containing 2 or more succinic anhydride groups and (b) a second polyorganosiloxane (abstract). Li teaches the succinic terminated anhydride polysiloxane has the structure
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154
406
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(¶21-22) which has more than one siloxane group and shows the anhydride is connected to the polysiloxane through an Si-C bond and that 2 anhydride groups are present. Li teaches the succinic terminated anhydride polysiloxane is combined with a vinyl dimethyl terminated polydimethylsiloxane (Tables 1-2; ¶ 62-63). The second polyorganosiloxane (the vinyl dimethyl terminated polydimethylsiloxane) corresponds to the claimed dispersion medium. Li teaches an example which uses 6.27 g of the second polyorganosiloxane and 45.89 g of Filler 1 (Table 2) which is aluminum trihydrate particles having a particle size of 45 microns (Table 1). This gives a ratio of filler particles of 45.89 : 6.27 to the second polyorganosiloxane, or about 732 parts filler particles to 100 parts second polyorganosiloxane. This falls in the range of claim 1. Li teaches an example which uses 6.27 g of the second polyorganosiloxane and 26.50 g of Filler 2 (Table 2) which is crushed alumina particles having a particle size of 3 microns (Table 1). This gives a ratio of filler particles of 26.50 : 6.27 to the second polyorganosiloxane, or about 423 parts filler particles to 100 parts second polyorganosiloxane. This falls in the range of claim 9. The discussion with regards to Li above is hereby incorporated by reference.
It would have been obvious to one of ordinary skill in the art to use the composition of Li because it increases the low shear viscosity and thixotropic index (¶ 6) which improves the workability of the composition making it easier to place and keep in place (¶2-3).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ROBERT C BOYLE whose telephone number is (571)270-7347. The examiner can normally be reached Monday-Thursday, 10am-4pm.
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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.
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/ROBERT C BOYLE/Primary Examiner, Art Unit 1764