DETAILED ACTION
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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 to 20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Yu et al. 2017/0133121.
Yu et al. teach a silane grafted polyolefin that corresponds to claimed component
(B). See paragraphs 49 to 60 which teach that it contains a functional group such as a vinyl group. This polyolefin is blended with an -OH terminated polysiloxane that meets claimed component (A). See paragraphs 62 and 63. Finally, this composition can con-tain many different components that meet “a curable silicone elastomer component” (C) as this embraces anything that can be present in a curable elastomer component. For purposes of these claims, note that the vinyl terminated silicone rubber in paragraph 65 meets this limitation, as does the crosslinking catalyst (paragraph 66), the fillers and additional additives (paragraph 73). In this manner claim 1 is anticipated.
The formula in claim 2 represents linear polysiloxane having X functional groups on the terminal and/or backbone Si atoms. As this applies to claim 2 as well as claim 3, note that the -OH terminated polysiloxanes in paragraph 63 meet these claims, wherein X is a Si bonded hydroxyl group.
For claim 4, see Example 1 in the Table in paragraph 107 which uses the OH-PDMS in an amount of 1 wt%, based on the total composition (noting that paragraph 103 teaches that the blend contains 5 wt% of the -OH polysiloxane). This example meets the requirements of each of claims 1 to 4.
For claim 5, note that the two specific polyolefins in paragraph 103 and the work-ing examples are ethylene-olefin copolymers and the functional group Y is a trimethoxy-silyl group. See also paragraphs 49 to 59.
For claim 6, again see paragraph 103 which teaches a wt% of functional groups that meet this range, and the Table which uses the polyolefin an amounts as claimed.
For claims 7 to 9, see the vinyl terminated silicone rubber found in paragraph 65 which meets this claimed component (C). As can be seen from paragraph 102, this is a gum and it also contains olefinic unsaturation. Finally, note that it is used in Table 1 in amounts that meet the claimed range.
For claims 10 and 11, see the tin catalyst found in the Table as well as the various condensation catalysts found in paragraphs 66 and 67.
For claim 12 note that there is no carrier vehicle (i.e. solvent) in the composition of Yu et al.
For claims 13 and 15, note that the components noted above are mixed and a condensation reaction occurs between the -OH in the polysiloxane and the trimethoxy silyl groups in the polyolefin.
For claim 14, note that these conditions are all met. In addition to that already cited supra see paragraphs 85 and 86.
For claims 16, 18 and 20, note that the composition is not fully cured at first and undergoes subsequent curing which meets the requirement of curing the composition that has already undergone a reaction. See paragraph 86 which refers to partial curing and paragraph 68 which refers to dual crosslinking. See also paragraph 107 which teaches a two stage process in which heating occurs at 80oC, which will promote silanol condensation, and the 170oC, which will activate the peroxide for curing.
For claims 17 and 19, note that a peroxide is found in the Table compositions, as well as in paragraph 68.
Claims 1 to 7, 9 to 15, 17 and 20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Inoue et al. 4,764,577.
Inoue et al. teach a curable composition which contains an alkenyloxysilyl group
containing polyolefin, a polysiloxane having SiH functional groups and a curable silicone elastomer component. While the entire teachings in Inoue et al. are relevant to this rejection the Examiner draws specific attention to the working examples.
In column 6, Preparation 4 makes a silane terminated polyolefin. This meets the claimed component (B).
In column 7, Example 4 mixes this with an SiH siloxane meeting claimed compo-nent (A). This occurs in the presence of a catalyst which can be considered a curable silicone elastomer material. On the other hand, see column 4, line 37 to 50, which teaches silica and other fillers meeting this requirement. In this manner claim 1 is anticipated.
For claims 2 and 3, see the linear polysiloxanes having SiH groups on the back-bone which meet these claims when X is hydrogen, “n” is 1 and “m” is 0.
For claim 4 note that the Example 4 uses 6 parts of the polysiloxane (A) which falls within the claimed range.
For claims 5 and 6, note that the polyolefin in Preparation 4 meets the structure of polyethylene. Also note that the weight of the functional group (diisopropenyloxy-silane) falls within this claimed range.
For claim 7, again note that silica is specifically disclosed as a useful filler.
For claim 9, note that column 4, line 53, teaches amount of silica as high as 300 parts per 100 parts of component (A). This will result in a curable silicone elastomer content within the claimed range. On the other hand, note that silica is immiscible in polyolefin.
For claims 10 and 11, note that a Pt catalyst is present in Example 4 as a hydro-silylation catalyst.
For claims 12 and 17, note that the composition per se does not contain a carrier vehicle (i.e. a solvent).
For claims 13 and 15, note that the curing that occurs in Example 4 meets these requirements.
For claim 14, note that Example 4 does not contain a filler and is carried out in the presence of a catalyst.
For claim 20, the final cured product in Inoue et al. is the same as that claimed in this product by process claim. Note that the reactants are the same and the process by which they are cured is the same.
Claims 1 to 5, 7, 9 to 20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kimura et al. 2014/0200297.
Kimura et al. teach an ethylene/alpha-olefin copolymer, and SiH siloxane and a
catalyst in a rubber composition. The copolymer contains unsaturated groups that are react through hydrosilylation. See paragraphs 29 to 31. This meets claimed component (B). Paragraph 38 teaches an SiH siloxane that meets claimed component (A). Finally, paragraph 41 and 45 teach various components that meet the broad term “a curable silicone elastomer”. In this manner claim 1 is anticipated.
In addition to the above, Example 1 anticipates each component claimed.
For claims 2 to 4, note that paragraph 39 teaches linear polysiloxanes having “X” as a Si bonded hydrogen atom, therein “m” is 1 and “n” is 0. Example 1 uses 5 parts of an SiH siloxane per 165 total parts, resulting in 3 wt% of the polysiloxane (A).
For claim 5, note that the polyolefin is an ethylene/alpha olein copolymer. Again see paragraphs 29 and 51.
For claim 7, note that silica is specifically disclosed as a filler in paragraph 45.
For claim 9, note that silica is immiscible in the curable composition.
For claims 10 and 11, note that a hydrosilylation catalyst is taught in paragraph 41 and is found in the composition of Example 2.
For claim 12 on one hand note that the two polymers and carbon black are milled in Example 1 prior to the addition of a catalyst, which meets this claim as it is “free from” a reaction catalyst. On the other hand, note that no carrier vehicle is found in the com-position of Kimura et al.
For claims 13 to 15, note that the curing conditions found in paragraphs 48 and 49 meet this requirement. Also, again, note that there is no solvent required in the cur-ing method.
For claims 16 to 20 see paragraphs 47 to 49 which teach the addition of a radical reactive catalyst in addition to the hydrosilylation catalyst. This also teaches a two step curing method in which hydrosilylation reaction occurs, followed by vulcanization. This meets the step of reacting (A) and (B), and the subsequent curable composition having a curing agent, as found in claim 16.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MARGARET MOORE whose telephone number is (571)272-1090. The examiner can normally be reached on Monday to Friday, 10 am to 5 pm. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Heidi Kelly, can be reached at 571-270-1831.
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Mgm
3/4/26
/MARGARET G MOORE/Primary Examiner, Art Unit 1765