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 .
Response to Arguments
Applicant’s arguments, filed 5/19/2026, with respect to the rejection(s) of claim(s) 1-4 and 6 under 35 USC 103 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Nakamura US 20170313804 in further view of Burrows, R., et al., (Multifunctional photoinitiators (MFPls): A new concept, Surface Coatings International Part B: Coatings Transactions Vol.87, B2, 71-148, June 2004).
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claims 1-4 are rejected under 35 U.S.C. 103 as being unpatentable over Nakamura US 20170313804 in view of Burrows, R., et al., (Multifunctional photoinitiators (MFPls): A new concept, Surface Coatings International Part B: Coatings Transactions Vol.87, B2, 71-148, June 2004).
Regarding claims 1-3, Nakamura teaches a printer ink jet composition which comprises a polymerizable diluent (C) (Title, Paragraph [0048]). . Nakamura teaches the polymerizable diluent can be a polysiloxane bond containing monomer such as CH2=C(CH3)COOC (CH2)3[Si(CH3)2O]nSi(CH3)3 where n is an integer from 1-130 (Paragraph [0049]). It would have been obvious to select CH2=C(CH3)COOC (CH2)3[Si(CH3)2O]nSi(CH3)3 as the polymerizable diluent because it is prima facie obvious to select a known material based on its suitability for its intended use. See MPEP 2144.07.
This reads on the limitations of organopolysiloxane containing at least one (meth)acrylate group. Nakamura also teaches the polymerizable diluent is present in amounts of 30-65% by mass. This overlaps with the claimed range of 25-99.99% by weight.
Nakamura is silent on the photoinitiator having the structure of formula (1). However, Burrows teaches that unreacted UV cured initiators can leak out of UV cured printing inks which is a concern in food applications (Page 123). Nakamura teaches the photoinitiator can be an Irgacure initiator (Table 4, Example 1). Nakamura teaches that the curable printer ink is used in food packaging application (Title, Paragraph [0059]). Burrows teaches that Irgacure printer ink has significantly more photoinitiator present after 2 rounds of extraction in air, than acetoxy modified Irgacure (Figure 15, Page 132). Burrows teaches this acetoxy modified Irgacure has a structure of:
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(Figure 13, Page 131).
This reads on the structure of Formula (1), specifically, the compound of Formula (3) where R10 is a C1 alkyl group.
It would have been obvious to one of ordinary skill in the art at the time of filing to use the photoinitiator taught by Burrows Figure 13, as the photoinitiator of Nakamura instead an Irgacure initiator for the advantage of less unreacted initiators leaking from the packaging. Therefore, Nakamura in view of Burrows reads on the limitations of claims 1-3.
Regarding claim 4, Nakamura teaches the polymerizable diluent is CH2=C(CH3)COOC(CH2)3[Si(CH3)2O]nSi(CH3)3. This structure reads on the limitations of claim 4 where b is 1, a is 2, R is a C1 alkyl group, Y’ is a monovalent alkenylcarbonyloxy group, and n is 1 and y is a C2 alkylene group.
Allowable Subject Matter
Claim 6 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Regarding claim 6, Nakamura is silent on the resulting cured composition being an elastomer. Therefore, Nakamura does not teach the limitations of claim 6.
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LILY K SLOAN whose telephone number is (703)756-5875. The examiner can normally be reached Monday-Friday 9:00-5:30 ET.
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/LILY K SLOAN/Examiner, Art Unit 1762
/ROBERT S JONES JR/Supervisory Patent Examiner, Art Unit 1762
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