CTNF 18/278,649 CTNF 85179 Notice of Pre-AIA or AIA Status 07-03-aia AIA 15-10-aia The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA. DETAILED ACTION This Office action is based on the 18/278649 application originally filed August 24, 2023. Amended claims 1-7, filed August 24, 2023, are pending and have been fully considered. Claim Rejections - 35 USC § 103 07-06 AIA 15-10-15 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. 07-20-aia AIA 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. 07-23-aia AIA 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. 07-20-02-aia AIA This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention. 07-21-aia AIA Claim(s) 1-7 i s/are rejected under 35 U.S.C. 103 as being unpatentable over Stamme r et al. (US 2010/0206477) hereinafter “Stammer” in view of Joseph et al. (US 2009/0042043) hereinafter “Joseph”. Regard ing Claims 1 and 3-7 Stammer discloses in paragraph 0001, an hydrosilylation curable composition containing alkenyl functional organic polymers and Si—H functional crosslinkers having improved self-adhesion to substrates. Stammer discloses in paragraphs 0014-0019, a hydrosilylation curable composition comprising the following components: (A) 100 parts by weight of an organic polymer having on average at least 1.4 alkenyl groups per molecule (meeting claim 1(A) of the present invention); (B) an amount sufficient to cure the composition of a crosslinker (i.e. organopolysiloxane) having on average at least 1.4 Si—H groups per molecule (meeting claim 1(C) of the present invention); (C) a platinum group metal-containing catalyst in an amount sufficient to effect curing of the composition (meeting claim 1(D) of the presently claimed invention); Stammer discloses in paragraph 0021, component (A) is an organic polymer having on average at least 1.4 alkenyl groups per molecule. The organic polymer may be linear or branched and may be a homopolymer, copolymer or terpolymer. The organic polymer may also be present as a mixture of different organic polymers so long as there is on average at least 1.4 alkenyl groups per polymer molecule. Specific examples of the polymer backbone include a polyether such as polyoxyethylene, polyoxypropylene, polyoxytetramethylene, polyoxyethylene-polyoxypropylene; a polyester prepared by a condensation of a dibasic acid such as adipic acid and a glycol or by a ring-opening polymerization of lactones; ethylene-propylene copolymer; a polybutylene such as polyisobutylene; a copolymer of isobutylene with isoprene or the like; polychloroprene; polyisoprene; a copolymer of isoprene with butadiene, acrylonitrile, styrene or the like; polybutadiene ; a copolymer of butadiene with styrene, acrylonitrile or the like; and a polyolefin prepared by hydrogenating polyisoprene, polybutadiene, a poly-α-olefin or a copolymer of isoprene or butadiene with acrylonitrile, styrene or the like. Preferably component A contains no alkoxy groups. Stammer further discloses in paragraph 0032, component B, the cross-linker in the composition has on average at least 1.4 Si—H groups per molecule (Component (B)). Although the crosslinker must contain on average at least 1.4 Si—H groups per molecule at least 1.8. Stammer further discloses in paragraph 0033, Si—H groups are preferred. Furthermore, no more than one silicon-bonded hydrogen atom per silicon atom, there is no other restriction on the crosslinker. Stammer discloses in paragraph 0034, preferably, component B, the crosslinker, is an organohydrogensilane or organohydrogensiloxane where other than the Si—H bond the Si atom is bonded to for example, oxygen atoms or monovalent hydrocarbon radicals comprising one to seven carbon atoms. Any suitable monovalent hydrocarbon radicals may be utilized, examples include, alkyl groups such as methyl, ethyl, propyl, isopropyl, tertiary butyl, and hexyl; cycloalkyls such as cyclohexyl; aryls such as phenyl and tolyl; and halogen substituted alkyls such as 3,3,3-trifluoropropyl and perfluoropropyl. Preferred is when all of the monovalent hydrocarbon radicals are methyl. Stammer further discloses in paragraph 0035, organohydrogensiloxanes are preferred as Component B, the crosslinker. The organohydrogensiloxane crosslinker can be a homopolymer, a copolymer or mixtures thereof, containing for example, diorganosiloxy units, organohydrogensiloxy units, triorganosiloxy units and SiO2 units . The organohydrogensiloxane crosslinker can be linear, cyclic and branched polymers and copolymers or any mixture thereof. It is more preferred to add both a cyclic organohydrogensiloxane and a linear organohydrogensiloxane. Stammer discloses in paragraph 0036, the most preferred crosslinkers are selected from cyclic methylhydrogen siloxane [MeHSiO] s where s is from 4 to 10 and linear methylhydrogen siloxane (Me) 3 SiO((Me)(H)SiO) m ((Me) 2 SiO) n Si(Me) 3 where m is from 3 to 10, in each case where Me is methyl. Stammer discloses in paragraph 0038, the crosslinker may be added as a single species or as a mixture of two or more different species. It is preferred to add the crosslinker as a mixture of two or more species. Stammer further discloses in paragraph 0039, a platinum group metal-containing catalyst (Component (C)) is used in the curable composition in an amount sufficient to promote curing of the composition. The platinum group metal-containing catalyst can be any such catalyst which is known to catalyze hydrosilylation reactions. By “platinum group metal” it is meant ruthenium, rhodium, palladium, osmium, iridium, and platinum. It is to be noted, Stammer fails to further disclose the curing composition comprises the claimed wax and filler of the present invention. However, Joseph discloses in paragraph 0001, silicone based reactive hot melt adhesive/sealant compositions and in particular reactive hot-melt adhesives and/or sealants having improved green strength. Joseph further discloses in paragraph 0027, the one or more fillers (Component A(b)) may comprise any one or more suitable fillers which may be either reinforcing and/or non-reinforcing fillers or a combination thereof. Reinforcing fillers are usually of small particle size and typically are surface active in that they contain reactive groups on their outer surface. Examples of reinforcing fillers include fumed silica, calcined silica, precipitated silica, titania, zinc oxide, clay and mica all of which are used for imparting mechanical strength to the resulting cured products. Non-reinforcing fillers include ground calcium carbonate, magnesium carbonate, quartz, diatomaceous earth, barium sulphate, wollastonite, pyrophylite, kaolin and calcium sulphate. It is also to be noted that some fillers, such as precipitated calcium carbonate, can be considered as semi-reinforcing in that they provide compositions with a degree of reinforcement. Joseph discloses in paragraph 0028, any of the above fillers may be utilized precipitated calcium carbonates are preferred, particularly those treated with fatty acids or their derivatives. Preferably, component A(b) will be present in the composition in a range of from 2 to 180 parts by weight, per 100 parts by weight of component A(a) dependent on the filler used. In the case of calcium carbonate, for example, the amount of filler used will be in the range of from 40 to 180 parts by weight, per 100 parts by weight of component A(a), i.e. it will be present in the region of from 28 to 60 weight % of the composition . Joseph discloses in paragraph 0062, component C, may comprise any suitable wax or combination of waxes having melting points between 40 and 200° C. Suitable waxes include but are not restricted to one or more of montanic acid esters, esters of montanic acid with multifunctional alcohols, partly saponified bright ester waxes Montan wax, micronized and non-micronized polyalkylene waxes such as polyethylene and/or polypropylene based waxes, oxidized polyethylene waxes, micronized amide waxes, waxes comprising esters of monofunctional alcohols, saponified and/or partially saponified waxes, mixed esters of montan wax, cetyl palmitate, linear and/or branched long chain (greater than 15 carbons) 1-alkene based waxes, micronized polyethylene waxes, ethylene homopolymer waxes, ethylene copolymer waxes, partially saponified montanic ester waxes, ethyl vinyl acetate modified polyethylene waxes polypropylene waxes and modified polypropylene waxes, Montan wax acids, esters of ethanediol, and/or glycol montanate. Joseph further discloses in paragraph 0098, preferably thermoplastic hot melt polymer and or wax (components B and C) either individually or jointly are present in sealant formulation in an amount of from about 2 to 60% by weight. It would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to add the wax and filler of Joseph to the curing composition of Stammer. The motivation to do so is to add a filler to the curing composition in order to aid in a thermal conductivity and adding a wax that aids in sealing/adhesion in the curing composition. Regarding Claim 2 Stammer discloses in paragraph 0021, component (A) is an organic polymer having on average at least 1.4 alkenyl groups per molecule. The organic polymer may be linear or branched and may be a homopolymer, copolymer or terpolymer. The organic polymer may also be present as a mixture of different organic polymers so long as there is on average at least 1.4 alkenyl groups per polymer molecule. Specific examples of the polymer backbone include a polyether such as polyoxyethylene, polyoxypropylene, polyoxytetramethylene, polyoxyethylene-polyoxypropylene; a polyester prepared by a condensation of a dibasic acid such as adipic acid and a glycol or by a ring-opening polymerization of lactones; ethylene-propylene copolymer; a polybutylene such as polyisobutylene; a copolymer of isobutylene with isoprene or the like; polychloroprene; polyisoprene; a copolymer of isoprene with butadiene, acrylonitrile, styrene or the like; polybutadiene ; a copolymer of butadiene with styrene, acrylonitrile or the like; and a polyolefin prepared by hydrogenating polyisoprene, polybutadiene, a poly-α-olefin or a copolymer of isoprene or butadiene with acrylonitrile, styrene or the like. Preferably component A contains no alkoxy groups . Conclusion 07-96 AIA The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Kokubo et al. (US 2013/0082369) discloses in the abstract, a curable resin composition which gives a cured product having a low linear expansion coefficient. The curable resin composition of the present invention contains, as essential components, (A) an organic compound having at least two carbon-carbon double bonds reactive with SiH groups per molecule, (B) a compound containing at least two SiH groups per molecule, (C) a hydrosilylation catalyst, (D) a silicone compound having at least one carbon-carbon double bond reactive with a SiH group per molecule, and (E) an inorganic filler. Lin et al. (US 2010/0247460) discloses in the abstract, gel compositions are disclosed comprising a silicone elastomer from the reaction of an SiH containing organopolysiloxane resin and an organic compound having at least two aliphatic unsaturated groups in its molecule. Any inquiry concerning this communication or earlier communications from the examiner should be directed to LATOSHA D HINES whose telephone number is (571)270-5551. The examiner can normally be reached Monday thru Friday 9:00 AM - 6:00 PM. 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, Prem Singh can be reached at 571-272-6381. 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. 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If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /Latosha Hines/Primary Examiner, Art Unit 1771 Application/Control Number: 18/278,649 Page 2 Art Unit: 1771 Application/Control Number: 18/278,649 Page 3 Art Unit: 1771 Application/Control Number: 18/278,649 Page 4 Art Unit: 1771 Application/Control Number: 18/278,649 Page 5 Art Unit: 1771 Application/Control Number: 18/278,649 Page 6 Art Unit: 1771 Application/Control Number: 18/278,649 Page 7 Art Unit: 1771 Application/Control Number: 18/278,649 Page 8 Art Unit: 1771 Application/Control Number: 18/278,649 Page 9 Art Unit: 1771 Application/Control Number: 18/278,649 Page 10 Art Unit: 1771