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 .
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.
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.
Claims 1-20 are rejected under 35 U.S.C. 103 as being unpatentable over Wei et al. (US PGPub 2020/0354574) in view of Koellnberger (US PGPub 2011/0015336) and as evidence by Beyer et al. (US PGPub 2020/0354525).
Regarding claims 1, 7 and 15-16, Wei teaches thermally conductive silicone compositions comprising ingredient (A) comprising (A-1) a polyorganosiloxane having at least two unsaturated organic groups per molecule and (A-2) an organohydrogenpolysiloxane having at least two silicone-bonded hydrogen atoms per molecule ([0014]-[0015]), ingredient (B) a thermally conductive filler ([0030]), ingredient (C) a catalyst ([0036]), ingredient (D) a silicone fluid ([0039]), optional ingredient (E) a polysiloxane ([0047]-[0048]), and optionally further may comprise an inhibitor ([0049]-[0050])(claim 7).
Wei teaches the composition comprises from 2 to 12 wt% (A) comprising a ratio of (A-1) to (A-2) such that the ratio of SiH:Vi is from 0.3:1 to 5:1 (0029]), wherein (A-2) is may be present from 0.1 to 5 wt% and (A-1) the remainder (i.e. 1.9 to 7 wt%) ([0015]; [0029]).
Wei teaches (A-1) a polyorganosiloxane having at least two unsaturated organic groups per molecule, wherein the unsaturated groups are alkenyl groups ([0016]-[0017]; [0021])(instant (A)). Wei teaches that (A-1) is preferably an organopolysiloxane of formula (III) (R1)2R2SiO((R1)2SiO)m((R1)(R2)SiO)nSi(R1)2R2 preferably comprising dimethylvinylsiloxy terminated compounds ([0019]-[0021]) (claims 15-16) but does not specifically teach a Mw below 70,000 g/mol with a kinematic viscosity of 250 to 15,000 cSt (claim 1). However, Koellnberger teaches similar curable silicone compositions comprising a combination of an organosiloxane (A) comprising at least two unsaturated groups and an organopolysiloxane (B) comprising at least two Si-bonded hydrogens which are crosslinked with platinum hydrosilylation catalysts ([0028]-[0029]). Koellnberger teaches the organosiloxane (A) comprising unsaturated groups are preferably alkenyl unsaturated groups, more preferably vinyl, which have a molecular weight of 102 to 106 g/mol and a viscosity of from 0.01 to 500,000 Pas ([0045]-[0046]). Koellnberger and Wei are analogous art and are combinable because they are concerned with the same field of endeavor, namely curable silicone compositions comprising similar Si-H/Vi ratios. At the time of filing a person having ordinary skill in the art would have found it obvious to select compounds having the molecular weight and viscosity combination of Koellnberger as the polyorganosiloxane (A-1) having at least two alkenyl unsaturated groups (vinyl) of Wei and would have been motivated to do so as Wei invites such compounds and further as Koellnberger teaches they are suitable for curable silicone compositions of similar end-use which have good pot life and are rapidly crosslinked by platinum catalysts ([0011]-[0012]).
Wei teaches (A-2) an organohydrogenpolysiloxane having at least two silicone-bonded hydrogen atoms per molecule, wherein compounds of formula (VI) (R4)3SiO((R4)2SiO)s(R4HSiO)t(R4)3 are preferred, wherein t averages from 2 to 2,000 and s averages from 1 to 2,000 ([0026])(readable over 15 to 50% methylhydrosiloxane content), including trimethylsiloxy-terminated polymethylhydrogensiloxane ([0027]) (instant component (B)).
Wei teaches the composition comprises 1 to 10 wt% (D) comprising an organopolysiloxane having a viscosity of 20 to 500 cP ([0040]; [0046]) selected from compounds of formula (IV) of (R5)3Si(Osi(R5)2)qOsi(OR5)rR5(3-r) wherein a preferred compound includes (CH3)3Si(OSi(CH3)2)nOsi(CH3)3 ([0043]) and where n=q= 10-230 ([0042]) (instant (C); instant trimethylsiloxy terminated polydimethylsiloxane; readable over instant molecular weight range of 5,000 to 50,000 g/mol). The teaching by Wei of 2 to 12 wt% of the total composition being (A) and 1 to 10 wt% of the total composition being (D) reads on the instantly claimed at least 20 wt% of the silicone matrix only (instant (C); instant claim 1). Beyer evidences that trimethylsiloxy terminated polydimethylsiloxanes typically have a viscosity of <150 mPas (= <150 cSt) ([0082]).
Wei teaches the composition comprises from 1 to 85 wt% of ingredient (B) thermally conductive filler includes aluminum oxide ([0031], exemplified) and has an average particle size of from 0.1 to 50 micrometers ([0034]). The teaching by Wei of 2 to 12 wt% (A) and 1 to 85 wt% (B) reads on the instantly claimed ratio of 11:1 or more (B) to (A).
Regarding claims 2-6, Wei in view of Koellnberger renders obvious the silicone composition as set forth above. Wei further teaches ingredient (C) catalyst is present to crosslink (A-1) and (A-2) via hydrosilylation and is selected from platinum compounds including 1,3-diethyenyl-1,1,3,3-tetramethyldisiloxane complexes with platinum ([0037]). Wei teaches that (C) is present from 5 to 150 ppm ([0038]).
Regarding claims 8-11, Wei in view of Koellnberger renders obvious the silicone composition as set forth above. As noted, Wei teaches that known inhibitors may also be present and teaches use in combination with 5 to 150 ppm catalysts (C), where platinum compounds including 1,3-diethyenyl-1,1,3,3-tetramethyldisiloxane complexes with platinum ([0037]-[0038]) are preferred.
Wei does not specifically teach an amount or specific compounds of the inhibitors. However, Koellnberger teaches similar curable silicone compositions as noted above and teaches the combination of 5 to 50 ppm of a platinum metal catalyst, including platinum-1,3-divinyl-1,1,3,3,-tetramethyldisiloxane types ([0063]), with from 50 up to 500 ppm of suitable inhibitor compounds, preferably selected from acetylenic alcohols ([0066]; Table1). Koellnberger further teaches inclusion of 0.00001 to 5 wt% of customary inhibitors including dimethyl maleate ([0068]). Koellnberger and Wei are analogous and combinable as set forth above. At the time of filing a person having ordinary skill in the art would have found it obvious to select the inhibitors, and amounts thereof, of Koellnberger as the inhibitors of Wei and would have been motivated to do so as Wei invites the inclusion of inhibitors and further as Koellnberger teaches the combination of the inhibitors with platinum catalysts result in a higher performance platinum catalysis, rapid crosslinking and improved pot lives ([0011]-[0012]) and allow for adjustments to the crosslinking rate in a targeted manner ([0068]).
Regarding claims 12-14 and 17-20, Wei in view of Koellnberger renders obvious the silicone composition as set forth above. Wei teaches the above noted composition comprising 2 to 12 wt% of the total composition being (A) and 1 to 10 wt% of the total composition being (D) (reads on the instantly claimed 30-70 wt%, 40-60 wt%, and about 50 wt% of (C) (claims 12-14) and reads on the instantly claimed 30-80 wt%, 40-60 wt%, and about 50 wt% of (A)(claims 17-19); reads on instant ratio of 1:1.5 to 1.5:1 (A):(C) (claim 20)).
Correspondence
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JANE L STANLEY whose telephone number is (571)270-3870. The examiner can normally be reached M-F 7:30 AM to 3:30 PM.
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/JANE L STANLEY/ Primary Examiner, Art Unit 1767
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