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 .
Election/Restrictions
Applicant’s election without traverse of Group I claims 1-6, 9-10 in the reply filed on 04/16/2026 is acknowledged.
Claims 12-15, 17-21 and 25-27 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected claims, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 04/16/2026.
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.
Claim(s) 1-6 and 10 are rejected under 35 U.S.C. 103 as being unpatentable over Windrich et al. (US 2014/0147598) in view of Takemura (US 2016/0013443), further evidence by PEEK plastic material | Ensinger
Regarding claims 1-2, Windrich discloses coating method for producing an electrically insulating coating on a bearing component, wherein, in a first step, a substance mixture comprising at least a) a silane, b) a metal alcoholate, and c) PEEK and/or PTFE in the form of a dispersion is applied to the bearing component (abstract)., where coating on the bearing component meets the limitation of coated article comprising a substrate having a surface and a coating disposed on the surface. The coating corresponds to the base having an organic polymer (PEEK), where polyether ether ketone intrinsically has of 341C (PEEK plastic material | Ensinger) and would meet the claim limitation of melting point above 200C.
As Windrich discloses basecoat comprising organic polymer such as PEEK having a melting point of 341C as presently claimed, therefore the base coat would intrinsically have Martens hardness of 0.2 GPa or higher and elastic modulus of 5 GPa or higher.
However, Windrich fails to disclose an overcoat layer comprising a siloxane matrix disposed on the coating layer of Windrich, where the overcoat having a Martens hardness less than the Martens hardness of the basecoat.
Whereas, Takemura discloses functional film having excellent bending resistance and stability under high temperature and high humidity conditions, a method for producing the same, and an electronic device including the functional film. A functional film including a resin base, a functional inorganic layer arranged on the resin base, and a hybrid layer arranged on at least one surface of the functional inorganic layer, in which the hybrid layer contains a polysiloxane and fine resin particles (abstract). The resin base corresponds to base coat of the present invention. It is desirable that the resin base according to the present invention be, although not particularly limited, a bendable film base having flexibility and permeability. Specific examples of the resin base may include resin films of polyether ether ketone (para 0040-0041). The hybrid layer has a function of providing the functional inorganic layer with bending resistance and stability under high temperature and high humidity conditions. The hybrid layer contains polysiloxane (siloxane matrix) and fine resin particles (para 0069, 0094).
It would have been obvious to one of ordinary skill in the art at the time the application was filed to include hybrid layer comprising polysiloxane as taught by Takemura on to the coating layer of Windrich motivated by the desire to have heat resistance and film strength.
As Windrich in view of Takemura discloses overcoat layer comprising polysiloxane and basecoat comprising PEEK as presently claimed, therefore the Martens hardness of overcoat would intrinsically be less than Martens hardness of the basecoat.
Regarding claims 3-5, as reinforcing particles are present in silicone resin (iii) which is an optional component, the claim limitation is met when reinforcing particles is absent from the base coat layer.
As Takemura discloses overcoat layer comprising polysiloxane as presently claimed, therefore the Martens hardness would intrinsically be less than 0.2 GPa.
Regarding claim 10, As Windrich does not explicitly discloses the presence of fluoropolymer in the coating, the claim limitation is met when coating comprises less than 0.1 wt% of fluoropolymer (i.e. 0 wt%).
Claim(s) 9 is rejected under 35 U.S.C. 103 as being unpatentable over Windrich et al. (US 2014/0147598) in view of Takemura (US 2016/0013443) as applied to claim 1, further in view of LeGrow et al. (US 6355724).
Regarding claim 9, Takemura discloses functional film having excellent bending resistance and stability under high temperature and high humidity conditions, a method for producing the same, and an electronic device including the functional film. A functional film including a resin base, a functional inorganic layer arranged on the resin base, and a hybrid layer arranged on at least one surface of the functional inorganic layer, in which the hybrid layer contains a polysiloxane and fine resin particles (filler particles of claim 9) (abstract).
Windrich in view of Takemura fails to disclose siloxane matrix is formed from a hydrosilylation reaction between a vinyl-terminated polydimethylsiloxane and a polydimethylsiloxane including hydride groups, together with a co- binder comprising a vinyl Q resin, and further comprises filler particles having an aspect ratio of length to width of at least 3:1.
Whereas, LeGrow discloses improved and novel silicone gel compositions comprising at least one low molecular weight volatile organosilicone fluid and at least one elastomer-like silicone composition as matrix (abstract). Silicone gel composition comprises low molecular weight volatile organosilicone fluid and elastomeric-like silicone matrix produced by platinum-catalyzed hydrosilylation curing of four functional oligomeric silicones such as (i) vinyl terminated polydimethylsiloxane, (ii) hydride terminated polydimethylsiloxane, (iii) vinyl functional organosilicone resin, and (iv) hydride functional cross-linker (claim 1).
It would have been obvious to one of ordinary skill in the art at the time the application was filed to form siloxane matrix of Takemura formed by hydrosilylation reaction between vinyl terminated polydimethylsiloxane, (ii) hydride terminated polydimethylsiloxane, (iii) vinyl functional organosilicone resin as taught by LeGrow motivated by the desire to water repellency and strength.
With respect to the fine resin particles having an aspect ratio of length to width of at least 3:1, Change in size and shape is not patently distinct over the prior art absent persuasive evidence that the particular configuration of the claimed invention is significant. See In re Rose, 220 F.2d 459, 105 USPQ 237 (CCPA 1955); In re Rinehart, 531 F.2d 1048, 189 USPQ 143 (CCPA 1976); In re Dailey, 357 F.2d 669, 149 USPQ 47 (CCPA 1966). MPEP 2144.04[R-1].
Conclusion
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/RONAK C PATEL/Primary Examiner, Art Unit 1788
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