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 .
Claims 1-10 are currently pending and under examination.
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.
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.
1. Claims 1-5 and 7-10 are rejected under 35 U.S.C. 103 as being unpatentable over Kitada (US 2016/0312097 A1, hereinafter Kitada).
Regarding claims 1-5 and 8-10, Kitada teaches ([0063], [0013], claim 1) a cured body of a curable thermally conductive grease comprising:
a cured product of a curable liquid polymer ([0043]), wherein the curable liquid polymer can be a curable liquid silicone ([0070]);
a thermally conductive filler (A) having an average particle diameter of less than 10 μm, which overlaps with the claimed ranges of “3 to 15 µm” and “4.5 to 9 µm”, and reads on the claimed second thermal conductive particles;
a thermally conductive filler (B) having an average particle diameter of 30 μm to 100 μm ([0051]), which overlaps with the claimed ranges of “30 to 55 µm” and “35 to 50 µm”, and reads on the claimed first thermal conductive particles.
Thus, the cured body of the curable thermally conductive grease as taught by Kitada reads on the claimed soft thermal conductive member.
Kitada teaches that the cured product of the curable liquid silicone is a grease ([0044]), which reads on the claimed grease comprising a silicone grease.
Kitada also teaches that the ratio by volume of the thermally conductive filler (A) to the thermally conductive filler (B) is 0.65 to 3.02 ([0013], claim 1), the thermally conductive filler (A) and the thermally conductive filler (B) can be composed of the same material ([0053]).
Thus, the ratio by mass of the thermally conductive filler (A) to the thermally conductive filler (B) in Kitada can be 0.65 to 3.02. Thus, the ratio by mass of the thermally conductive filler (B) (the claimed first thermal conductive particles) to the thermally conductive filler (A) (the claimed second thermal conductive particles) in Kitada can be 1.54:1 to 0.33:1, which overlaps with the claimed range of “7:3 to 5:5”.
Kitada also teaches that the thermally conductive fillers (A) and (B) can be metal oxides, metal nitrides, metal carbides, and/or metal hydroxides; examples of metal oxides include aluminum oxide, magnesium oxide, and zinc oxide; examples of metal nitrides include boron nitride and aluminum nitride; an example of metal carbides is silicon carbide; an example of metal hydroxides is aluminum hydroxide ([0045]).
Kitada teaches that the total amount of the thermally conductive fillers (A) and (B) is in a range of 360 to 990 parts by weight with respect to 100 parts by weight of the base liquid silicone in Samples 1-11 (Tables 1 and 2). Kitada also teaches that 100 parts by weight of the base liquid silicone in the main agent reacts with 100 parts by weight of the liquid silicone curing agent in the curing agent to form a cured product, and the thermally conductive fillers in the main agent and the curing agent are the same types of fillers with the same amounts ([0070], [0074]).
Thus, in Samples 1-11 of Kitada, the total amount of the thermally conductive fillers (A) and (B) is in a range of 360 to 990 parts by weight with respect to 100 parts by weight of the cured product (the claimed grease) of the base liquid silicone with the liquid silicone curing agent, which overlaps with the claimed range of “550 to 800 parts by mass”.
Kitada further teaches that the cured body of the curable thermally conductive grease has a thermal conductivity of 1.4 to 3.3 W/m·K in Samples 1-11 (Tables 1 and 2, [0071], [0085]), which falls with the claimed range of “0.4 W/m·K or more”, and overlaps with the claimed range of “2 to 4 W/m·K”.
Kitada teaches that the cured body of the curable thermally conductive grease has an adhesive strength of 3 N/cm2 or more ([0066]), equaling to an adhesive strength of 4 N or more in which a circular area with a diameter of 13 mm is defined as a unit area, which overlaps with the claimed range of “10 N or less” and “0.1 to 10 N”.
Kitada teaches that the cured body of the curable thermally conductive grease has a hardness of E 70 or less in terms of hardness E specified in JIS K6253 ([0063]), which overlaps with the claimed ranges of “70 or less” and “0.5 to 60”.
Kitada does not teach that the adhesive strength is measured at a temperature of 25 °C, and the hardness is the type OO hardness of 70 or less.
However, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to reasonably expect that the claimed properties of the adhesive strength at a temperature of 25°C in which a circular area with a diameter of 13 mm is defined as a unit area being 10 N or less (0.1 to 10 N), and the type OO hardness of 70 or less (0.5 to 60), would flow naturally from the teaching of Kitada, because the teaching of Kitada provides substantially the same soft thermal conductive member comprising the same silicone grease with the same amount, and the same thermal conductive particles with the same amount, wherein the thermal conductive particles are composed of the same first thermal conductive particles with the same average particle diameter and the same second thermal conductive particles with the same average particle diameter, and the same mass ratio of the first thermal conductive particles and the second thermal conductive particles as claimed, and also because the cured body of the curable thermally conductive grease of Kitada has an adhesive strength of 3 N/cm2 or more, and a hardness of E 70 or less as recognized by Kitada. Therefore, the invention as a whole would be obvious to a person of ordinary skill in the art.
Regarding claim 7, the instant invention discloses that the term “clay-like” refers to a state in which a lump can be formed and the shape can be kept, and does not include a state in which it is difficult to keep the shape such as a liquid state or a grease state, a state in which a lump cannot be formed such as a powder state, and a state in which the shape is fixed to a constant state such as a solid state (instant US Pub. [0058]).
Kitada teaches that the curable thermally conductive grease has slump resistance in which the curable thermally conductive grease does not flow down when the heat-generating body or the heat-dissipating body is vertically arranged ([0013], [0076]-[0079], Figs. 2A-C). Kitada also teaches that after curing, slumping and sliding down are less likely to occur ([0015]). Thus, the cured body of the curable thermally conductive grease of Kitada has slump resistance, which reads on the claimed clay-like state in which a lump can be formed and the shape can be kept.
Furthermore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to reasonably expect that the claimed property of the clay-like state would flow naturally from the teaching of Kitada, because the teaching of Kitada provides substantially the same soft thermal conductive member comprising the same silicone grease with the same amount, and the same thermal conductive particles with the same amount, wherein the thermal conductive particles are composed of the same first thermal conductive particles with the same average particle diameter and the same second thermal conductive particles with the same average particle diameter, and the same mass ratio of the first thermal conductive particles and the second thermal conductive particles as claimed, and also because the cured body of the curable thermally conductive grease of Kitada has slump resistance as recognized by Kitada. Therefore, the invention as a whole would be obvious to a person of ordinary skill in the art.
2. Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Kitada (US 2016/0312097 A1, hereinafter Kitada) as applied to claims 1-5 and 7-10 above, and further in view of Kobayashi (US 2008/0258119 A1, hereinafter Kobayashi), as evidenced by “Poly(dimethylsiloxane), hydride terminated” (Poly(dimethylsiloxane), hydride terminated from Sigma, 2026, hereinafter “Poly(dimethylsiloxane), hydride terminated”), and “Poly(dimethylsiloxane), vinyl terminated” (Poly(dimethylsiloxane), vinyl terminated from Sigma, 2026, hereinafter “Poly(dimethylsiloxane), vinyl terminated”).
The disclosure of Kitada is relied upon as set forth above.
Regarding claim 6, Kitada teaches a cured product of a curable liquid polymer ([0043]); the curable liquid polymer is a vinyl-terminated organopolysiloxane (base liquid silicone) and an organohydrogenpolysiloxane (liquid silicone curing agent), the vinyl-terminated organopolysiloxane reacts with an organohydrogenpolysiloxane under an addition reaction to form a cured product ([0070], [0043]); the cured product of the curable liquid silicone is a grease ([0044]), which reads on the claimed grease.
Kitada also teaches that the curable liquid polymer (e.g. a vinyl-terminated organopolysiloxane, and an organohydrogenpolysiloxane) has a viscosity of about 0.05 Pa·s to about 2 Pa·s ([0042], [0070]).
Kitada does not teach that the cured product (the claimed grease) of the curable liquid silicone has the consistency of 150 to 300.
However, Kobayashi teaches a cross-linked silicone gel has a consistency of 50 to 200 ([0015], claim 2), which overlaps with the claimed range of “150 to 300”.
Kobayashi also teaches that the cross-linked silicone gel is obtained by reacting an alkenylpolysiloxane with an organohydrogen polysiloxane under an addition reaction ([0032]). Thus, the cross-linked silicone gel of Kobayashi reads on the cured product of the curable liquid silicone in Kitada.
Kobayashi further teaches that the organohydrogen polysiloxane is represented by the general formula (1):
PNG
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190
808
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,
wherein R3 and R4 can be hydrogen, R2 can be R1, R1 can be a methyl group, “x+y” is an integer of 5 to 300 ([0032]-[0033]), which is a hydride terminated poly(dimethylsiloxane), and reads on the organohydrogenpolysiloxane in Kitada.
“Poly(dimethylsiloxane), hydride terminated” as an evidentiary reference shows that a hydride terminated poly(dimethylsiloxane) has an average Mn of about 17,500, and has a structure:
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200
400
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(p. 1).
Thus, in the hydride terminated poly(dimethylsiloxane) with an average Mn of about 17,500, “n” is about 236, which falls within the range of “5 to 300” of “x+y” in Kobayashi.
“Poly(dimethylsiloxane), hydride terminated” also shows that this hydride terminated poly(dimethylsiloxane) with an average Mn of about 17,500 has a viscosity of about 500 cSt, and a density of 0.971 g/ml (p. 3), equaling to a viscosity of about 500 mm2/s. Thus, this hydride terminated poly(dimethylsiloxane) with an average Mn of about 17,500 can have a viscosity of about 500 mPa·s.
Therefore, the organohydrogen polysiloxane such as a hydride terminated poly(dimethylsiloxane) as taught by Kobayashi can have a viscosity of about 500 mPa·s, equaling to about 0.5 Pa·s, which falls within the range of “a viscosity of about 0.05 Pa·s to about 2 Pa·s” of the curable liquid polymer in Kitada.
Kobayashi also teaches that the alkenylpolysiloxane is represented by the general formula (2):
PNG
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190
808
media_image3.png
Greyscale
,
wherein R6 and R7 can be an alkenyl group, R5 can be R1, R1 can a methyl group, “s+t” is an integer of 10 to 600 ([0036]), which is a vinyl terminated poly(dimethylsiloxane), and reads on the vinyl-terminated organopolysiloxane in Kitada.
“Poly(dimethylsiloxane), vinyl terminated” as an evidentiary reference shows that a vinyl terminated poly(dimethylsiloxane) has an average Mw of about 25,000, and has a structure:
PNG
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200
400
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Greyscale
(p. 1).
Thus, in the vinyl terminated poly(dimethylsiloxane) with an average Mw of about 25,000, “n” is about 338, which falls within the range of “10 to 600” of “s+t” in Kobayashi.
“Poly(dimethylsiloxane), vinyl terminated” also shows that this vinyl terminated poly(dimethylsiloxane) with an average Mw of about 25,000 has a viscosity of about 850 to about 1150 cSt, and a density of about 0.965 g/ml (pp. 3-4), equaling to a viscosity of about 850 to about 1150 mm2/s. Thus, this vinyl terminated poly(dimethylsiloxane) with an average Mw of about 25,000 can have a viscosity of about 850 to about 1150 mPa·s.
Therefore, the alkenylpolysiloxane such as a vinyl terminated poly(dimethylsiloxane) as taught by Kobayashi can have a viscosity of about 850 to about 1150 mPa·s, equaling to a viscosity of about 0.85 to about 1.15 Pa·s, which falls within the range of “a viscosity of about 0.05 Pa·s to about 2 Pa·s” of the curable liquid polymer in Kitada.
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to expect that the cured product of the curable liquid silicone (i.e. a vinyl-terminated organopolysiloxane and an organohydrogenpolysiloxane both having a viscosity of about 0.05 Pa·s to about 2 Pa·s) as taught by Kitada would have a consistency of 50 to 200 as taught by Kobayashi with a reasonable expectation of success, because the cross-linked silicone gel of Kobayashi has a consistency of 50 to 200, and is obtained by reacting an alkenylpolysiloxane with an organohydrogen polysiloxane under an addition reaction as recognized by Kobayashi, wherein the viscosities of the alkenylpolysiloxane and the organohydrogen polysiloxane in Kobayashi can both fall within the range of “a viscosity of about 0.05 Pa·s to about 2 Pa·s” as recognized by the evidentiary references. Therefore, the invention as a whole would be obvious to a person of ordinary skill in the art.
Conclusion
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/JIAJIA JANIE CAI/Examiner, Art Unit 1761
/MATTHEW R DIAZ/Primary Examiner, Art Unit 1761