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
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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.
Claims 1-5, 8-14, and 29 are rejected under 35 U.S.C. 103 as being unpatentable over Tobori (US 2008/0191176 A1)
Regarding claim 1, Tobori teaches a conductive masterbatch formed from carbon blacks and carbon nanotubes and a polyamide resin (Abstract). Tobori teaches that the total content of carbon nanotubes and carbon blacks within the masterbatch are preferably in the range of 10 to 40 wt% ([0056]), which overlaps the claimed range of “20-70%,” establishing a prima facie case of obviousness.
Regarding the claimed ratio of carbon black and carbon nanotubes, Tobori specifically teaches that the carbon nanotubes and carbon blacks can be used in combination ([0057]). Regarding the ratio of carbon black to carbon nanotubes, Tobori exemplifies the inventive masterbatch composition as containing 25% carbon black as the lone conductive filler (c.f. [0115], Table 1, Example 4). However as described above, Tobori specifically states that both carbon black and carbon nanotubes may be used ([0057]), and specifically teaches that the total content of carbon nanotubes and carbon black may range from 10 to 40 wt% of the masterbatch ([0056]). It therefore would have been obvious to one having ordinary skill in the art to add carbon nanotubes into the exemplified masterbatches of Tobori, such that the total carbon black and carbon nanotube content ranged between 10 and 40 wt%. In so doing, these compositions would contain 25% carbon black and 0-15% carbon nanotubes. This corresponds to a ratio of 62.5-100:37.5-0, which encompasses the claimed range of “70-99.5:30-0.5,” establishing a prima facie case of obviousness.
Regarding claim 2, Tobori teaches the use of thermoplastic polyamide resins within the masterbatch ([0058]).
Regarding claim 3, as described above, Tobori teaches that the total content of carbon nanotubes and carbon blacks within the masterbatch are preferably in the range of 10 to 40 wt% ([0056]), which overlaps the claimed range of “30-50%,” establishing a prima facie case of obviousness.
Regarding claims 4-5, as described above, it would have been obvious to one having ordinary skill in the art to add carbon nanotubes into the exemplified masterbatches of Tobori, such that the total carbon black and carbon nanotube content ranged between 10 and 40 wt%. In so doing, these compositions would contain 25% carbon black and 0-15% carbon nanotubes. This corresponds to a ratio of 62.5-100:37.5-0, which encompasses the claimed ranges of “85-98:15-2” and “95:5,” establishing prima facie cases of obviousness.
Regarding claims 8-9, Tobori teaches that the carbon black has an OAN of 150-600 mL/100 g ([0045])which overlaps the claimed ranges, establishing prima facie cases of obviousness.
Regarding claim 10, Tobori teaches that the carbon nanotubes may be single-layered or multilayered ([0049]).
Regarding claims 11-12, Tobori teaches that the carbon nanotubes may have average diameters ranging from 1-100 nm ([0050]), which encompasses the claimed ranges, establishing prima facie cases of obviousness.
Regarding claims 13-14, Tobori exemplifies the usage of carbon nanotubes having an average fiber length of 10 microns ([0108]), which falls within the claimed ranges, establishing prima facie cases of obviousness.
Regarding claim 29, Tobori teaches the injection molding of rein compositions using the inventive masterbatch (e.g., [0117] and Table 3).
Claims 6-7 and 15-19 are rejected under 35 U.S.C. 103 as being unpatentable over Tobori (US 2008/0191176 A1) in view of Birla Carbon (Birla Carbon Specialty Blacks Brochure 2016 pp. 1-5).
Regarding claims 6-7, Tobori teaches all of the limitations of claim 1 as described above. Tobori differs from claim 1 because it is silent with regard to the NSA of the carbon black.
In the same field of endeavor, Birla Carbon Conductex 7055 Ultra is a commercially available and conductive carbon black product possessing an NSA of 55 m2/g and an OAN of 170 mL/100g (c.f. Birla Carbon p. 4). Birla Carbon further states that said material is useful in conductive applications (c.f. Birla Carbon p. 4, Typical Applications column). It is prima facie obvious to select a known material based on its art-recognized suitability for its intended purpose (see MPEP 2144.07). Furthermore, the OAN number of 170 mL/100 g meets the range of 150-600 mL/100g required by Tobori (c.f. Tobori [0045]). Therefore, it would have been obvious to one having ordinary skill in the art to utilize Conductex 7055 Ultra as the conductive carbon black within Tobori, as it was commercially available at the time, was indicated for use in conductive applications, and met the requisite OAN characteristic recited within Tobori. The NSA of 55 m2/g of Conductex 7055 Ultra falls within the claimed ranges of “25-250 m2/g” and “40-90 m2/g,” establishing prima facie cases of obviousness.
Regarding claim 15, as described above, Tobori teaches a conductive masterbatch formed from carbon blacks and carbon nanotubes and a polyamide resin (Abstract). Tobori teaches that the total content of carbon nanotubes and carbon blacks within the masterbatch are preferably in the range of 10 to 40 wt% ([0056]), which overlaps the claimed range of “20-70%,” establishing a prima facie case of obviousness.
As described above, it would have been obvious to one having ordinary skill in the art to utilize Conductex 7055 Ultra as the conductive carbon black within Tobori, as it was commercially available at the time, was indicated for use in conductive applications, and met the requisite OAN characteristic recited within Tobori. The NSA of 55 m2/g of Conductex 7055 Ultra falls within the claimed range of “25-250 m2/g,” establishing a prima facie case of obviousness.
Regarding claim 16, as described above, Tobori teaches the use of thermoplastic polyamide resins within the masterbatch ([0058]).
Regarding claim 17, as described above, Tobori teaches that the total content of carbon nanotubes and carbon blacks within the masterbatch are preferably in the range of 10 to 40 wt% ([0056]), which overlaps the claimed range of “30-50%,” establishing a prima facie case of obviousness.
Regarding claims 18-19, as described above regarding the claimed ratio of carbon black and carbon nanotubes, Tobori specifically teaches that the carbon nanotubes and carbon blacks can be used in combination ([0057]). Regarding the ratio of carbon black to carbon nanotubes, Tobori exemplifies the inventive masterbatch composition as containing 25% carbon black as the lone conductive filler (c.f. [0115], Table 1, Example 4). However as described above, Tobori specifically states that both carbon black and carbon nanotubes may be used ([0057]), and specifically teaches that the total content of carbon nanotubes and carbon black may range from 10 to 40 wt% of the masterbatch ([0056]). It therefore would have been obvious to one having ordinary skill in the art to add carbon nanotubes into the exemplified masterbatches of Tobori, such that the total carbon black and carbon nanotube content ranged between 10 and 40 wt%. In so doing, these compositions would contain 25% carbon black and 0-15% carbon nanotubes. This corresponds to a ratio of 62.5-100:37.5-0, which encompasses the claimed ranges of “70-99.5:30-0.5,” and “85-98:15-2,” establishing prima facie cases of obviousness.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOSHUA CALEB BLEDSOE whose telephone number is (703)756-5376. The examiner can normally be reached Monday-Friday 8:00 a.m. - 5:00 p.m. EST.
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/JOSHUA CALEB BLEDSOE/ Examiner, Art Unit 1762
/ROBERT S JONES JR/ Supervisory Patent Examiner, Art Unit 1762
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