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 Status
Claims 1-7 are amended and claims 8-20 are new. Claim 1 is currently amended based on [0057] of the specification, cited herein as US 2024/0052165 Al. New claims 8 and 9 are supported by [0175]. New claims 10 and 11 are supported [0057]. New claims 12 to 15 are supported by [0047]. New claims 16 and 17 are supported by [0050]. New claims 18 to 20 are supported by [0053] and [0054]. Claims 1 to 20 are pending.
Response to Arguments
Applicant's arguments filed 07/20/2026 have been fully considered but they are not persuasive.
Applicants argue that Saegusa fails to describe a polyorganosiloxane-containing polymer having a weight average particle diameter of 375 nm or more.
Kazunori teaches when (B) is in latex form, the particle diameter is preferably not larger than 700 nm [p. 0114]. Although Kazunori does not teach the diameter to be specifically weight average particle diameter, and appears to refer to volume average particle diameter [p. 0069], the particle diameter taught by Kazunori obviously embraces the diameter claimed by applicants.
Applicants argue that, from the polyorganosiloxane particles of Kazunori presented in table 1, it can be reasonably inferred that the weight average particle diameter of the graft copolymer produced using such particles would be less than 375 nm.
Table 1 of Kazunori presents the diameter of the polyorganosiloxane particles (B-1), not the diameter of the polyorganosiloxane-containing graft polymer (B). Kazunori does not present the particle diameter of the exemplary embodiments of (B), therefore the general teaching that particle diameter is preferably not larger than 700 nm is relied upon [p. 0114]. No modification of the average particle diameter is required to satisfy applicants claimed range.
Applicants argue the present application, in [0052] ( [0024], as filed), describes that as the particle diameter of polymer (C) increases, X and Z tend to decrease. In other words, increasing the particle diameter of polymer (C) lowers the temperature X thereby increasing the value of Y - X and consequently improving flame retardancy. In this regard, additional relevant data, Production Example 1-7, Comparative Example 1-8, and Comparative Example 2-9 are currently submitted in the attached declaration under 37 CFR §1.132. The attached declaration, combined with the experimental results in the original application, illustrate that the flame retardance of the inventive examples is unexpectedly and significantly superior to that of comparative examples, based on satisfying expression (1) and the particular average particle diameter claimed.
Applicants declaration and experimental results in the original application fail to support the argument that flame retardance of the inventive examples is unexpectedly superior to the comparative examples, based on satisfying expression (1) and the average particle diameter as claimed.
Organo siloxanes S-1 to S-4 have a Dw/Dn of 1.05 and are used for the inventive examples. Organosiloxanes S-5 and S-6 have a Dw/Dn of 3.88 and 7.26, respectively, and are used for the comparative examples. In the declaration, applicants provide organosiloxane S-7, which appears to have an identical composition to S-5.
In the declaration, applicants use S-5 to prepare A-14 and comparative example 2-9. The composition of A-14 (212 nm) and comparative example 2-9 appear to be identical to A-12 (217 nm) and comparative example 2-7. Applicants provide a Y-X of 13 °C for 2-7 and a Y-X of 39 °C for 2-9.
Applicants recite that, although 2-9 satisfies Y-X, the inferior flam retardancy of 2-9 is a result of A-14 having a particle diameter less than 375 nm.
Applicants do not provide a comparative example wherein the claimed particle size is satisfied, and Y-X is not, nor do applicants provide a comparative example wherein the particle size distribution is close to 1. Applicant’s comparative examples appear to demonstrate that a large particle size distribution negatively impacts flame retardancy, which is taught by Kazunori in [p. 0115]. Furthermore, the inventive examples of Kazuori have combustion times (flame retardancy) that are comparable to applicant’s inventive examples [table 3]. In light of this, applicant’s showings fail to support the claim of unexpected results.
Claim(s) 1-20 is/are rejected under 35 U.S.C. 103 as obvious over Kazunori (US 2004/0220302 A1; cited on IDS filed 09/11/2023).
Kazunori is directed towards a flame-retardant thermoplastic resin composition, which comprises [p. 0018-0023]:
(A) 100 parts by weight of a polycarbonate-based resin,
(B) 0.1 to 30 parts by weight of a polyorganosiloxane-containing graft copolymer, and
(C) 0.0005 to 5 parts by weight of at least one metal salt selected from the group consisting of alkali metal salts and bivalent or further polyvalent metal salts.
To prepare the polyorganosiloxane-containing graft copolymer (B), Kazunori first reacts a styrene-butyl acrylate copolymer latex (St-Ba) and a polyorganosiloxane component to prepare polysiloxane particles (B-1) (S-2) [Reference example 2; p. 0176-180]. The recovered polyorganosiloxane particle-containing latex (S-2) is composed of 98% by weight of the polyorganosiloxane component and 2% by weight of the St-Ba copolymer component [Reference example 2; table 1; p. 0176-180] [see instant claim 4].
To prepare the grafted chains of (B), Kazunori reacts the polysiloxane latex particle (B-1) (S-2) with vinyl monomer (B-3), consisting of allyl methacrylate and butyl acrylate, followed by vinyl monomer (B-4), consisting of methyl methacrylate and methyl acrylate [p. 0182-0183; Reference example 9-12] [see instant claim 5].
The prepared polyorganosiloxane-containing graft copolymer latex is then coagulated, dehydrated, and dried, to recover polyorganosiloxane-containing graft copolymers (SG-6 to SG-9) in powder form (component B). The proportion of the polyorganosiloxane relative to 100% mass of the graft copolymers is 73.5% for SG-6, and 84% for SG-7 to SG-9 [table 2]
Kazunori reports the volume average particle diameter of the exemplified polyorganosiloxane particles (B-1) (S-2) as 290 nm in latex form and teaches the volume average particle diameter of the polyorganosiloxane particles may range from 20 to 600 nm [table 1, p. 180, p. 0083]. Kazunori does not report the volume average particle diameters of the exemplified polyorganosiloxane-containing graft copolymers (B) (SG-6 to SG-9). However, Kazunori teaches when (B) is in latex form, the particle diameter is preferably not larger than 700 nm, which overlaps with applicants claimed range of 375 nm or more [p. 0114]. In the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists. In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990) [see instant claims 1, 10, and 11].
Kazunori discloses that, when used in combination with the polyorganosiloxane-containing graft copolymer (B), the alkali metal salt (C) can synergistically enhance the flame retardancy [p. 0120]. To prepare a polyorganosiloxane-containing graft copolymer (B) containing metal salt (C), Kazunori dilutes the graft copolymers (B) in an aqueous solution of sodium dodecylbenzene sulfonate (component C) and dries the graft copolymers to powder form [p. 0190].
To prepare the final thermoplastic resin composition, Kazunori then blends, melt kneads, and extrudes the graft copolymer (component B/C) with a polycarbonate resin (component A) [p. 0192; table 3]. The extruded pellets are then molded into test specimens [p. 0192]. The resin compositions prepared by Kazunori exhibit similar combustion times to those of applicants and also do not drip during combustion [table 3 of Kazunori; table 3 of the instant specification] [see instant claims 7-9].
Kazunori is silent with respect to the X, Y, and Z values of instant claims 1, 2, and 12-17. However, component A and component B of the composition of Kazunori appears to be capable of satisfying claimed expressions 1 and 2 when tested under the same conditions as:
(1) Kazunori discloses the use of a polycarbonate as the thermoplastic resin having a viscosity average molecular weight of 15,000-25,000 Da [p. 0141], and applicants disclose the use of a polycarbonate having a viscosity average molecular weight of 24,000 Da [p. 0274 of PG-Pub, and
(2) the polyorganosiloxane containing polymers of Kazunori comprise both calcium and sodium salts and are prepared by method that is significantly similar to the method disclosed by applicants.
At the very least the skilled artisan would have expected Kazunori to obviously embrace embodiments capable of satisfying the claimed property when cured because it satisfies all of the material/chemical limitations of the claimed invention. Lastly, the present specification discloses, specifically, that the treatment of the siloxane component with an alkali metal solution, allows one to achieve the claimed residual amounts and differences in temperature when treated at a high temperature, thereby satisfying the claimed formula.
Regarding claim 6; Kazunori exemplifies the preparation of a polyorganosiloxane particle (B-1)(S-1), which comprises 3% by mass gamma-methacryloxypropyldimethoxysilane [p. 00174-0175].
Regarding claims 18-20; Kazunori teaches the metal salt (C) may be at least one species selected from the group consisting of alkali metal salts and bivalent or further polyvalent metal salts [p. 0119]. Kazunori teaches alkali metal salts of sulfur-containing organic compounds used in combination with the polyorganosiloxane-containing graft copolymer (B) can synergistically enhance the flame retardancy, wherein the preferred alkali metals are sodium and potassium [p. 0120-0121]. Kazunori exemplifies XYZ. Teaches the metal salt (C) is used in amount not less than 0.004 parts by weight and preferably not more than 0.8 parts by weight (40 to 800 ppm).
In light of this, it would have been obvious to one having ordinary skill in the art at the time the invention was filed to prepare a polyorganosiloxane-containing graft copolymer (B) comprising 40 to 800 ppm sodium in order to enhance flame retardancy. In the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists. In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990).
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 HOLLEY GRACE HESTER whose telephone number is (703)756-5435. The examiner can normally be reached Monday - Friday 9:00AM -5:00PM.
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/HOLLEY GRACE HESTER/Examiner, Art Unit 1766
/RANDY P GULAKOWSKI/Supervisory Patent Examiner, Art Unit 1766
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