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 31-43, in the reply filed on 8/3/26 is acknowledged.
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.
Claims 31-37 and 40 are rejected under 35 U.S.C. 103 as being unpatentable over Ramakrishana et al (20080242763).
Ramakrishana, paragraph 9 of the PGPUB, teaches
a curable sealant composition comprising:
a) at least one silanol-terminated diorganopolysiloxane;
b) at least one crosslinker for the silanol-terminated diorganopolysiloxane(s);
c) at least one catalyst for the crosslinking reaction;
d) a rapid deep-section curing amount zinc oxide; and, optionally,
e) at least one additional component selected from the group consisting of alkyl-terminated diorganopolysiloxane, filler, UV stabilizer, antioxidant, adhesion promoter, cure accelerator, thixotropic agent, plasticizer, moisture scavenger, pigment, dye, surfactant, solvent and biocide.
Ramakrishana, paragraph 20 of the PGPUB, teaches the level of incorporation of the diorganopolysiloxane wherein the silicon atom at each polymer chain end is silanol terminated (a) ranges from about 5 weight percent to about 95 weight percent of the total composition.
Ramakrishana, paragraph 40 of the PGPUB, teaches the amount of filler is from 0 weight percent to about 90 weight percent of the total composition.
Regarding claim 32, the reference teach the composition does not comprise water.
Regarding claims 33-35, Ramakrishana, paragraph 39 of the PGPUB, teaches suitable fillers of the present invention include, but are not limited to, ground, precipitated and colloidal calcium carbonates which is treated with compounds such as stearate or stearic acid, reinforcing silicas such as fumed silicas, precipitated silicas, silica gels and hydrophobized silicas and silica gels; crushed and ground quartz, alumina, aluminum hydroxide, titanium hydroxide, diatomaceous earth, iron oxide, carbon black and graphite or clays such as kaolin, bentonite or montmorillonite, talc, mica, and the like.
Regarding claim 36, Ramakrishana, paragraph 20 of the PGPUB, teaches the level of incorporation of the diorganopolysiloxane wherein the silicon atom at each polymer chain end is silanol terminated (a) ranges from about 5 weight percent to about 95 weight percent of the total composition.
Ramakrishana, paragraph 40 of the PGPUB, teaches the amount of filler is from 0 weight percent to about 90 weight percent of the total composition.
Regarding claim 37, it 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 to have different size fillers to ensure a rapid deep section cure.
Regarding claim 40, Ramakrishana, paragraph 19 of the PGPUB, teaches when x and y are 0 there will be 3 hydroxy groups.
Therefore, the reference teaches a silanetriol.
Allowable Subject Matter
Claims 38-39 and 41-43 are 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.
Although the reference teaches that it is possible to have different size fillers, the reference does not teach the granulation band or D50 values of different fillers as claimed in claims 38-39.
There is no motivation in the reference to have the granulation band or D50 values of different fillers as claimed in claims 38-39.
Regarding claim 41, although the reference teaches at least one silanol-terminated diorganopolysiloxane, the reference does not teach the silanol comprising comprises an organic moiety, and the organic moiety includes at least one functional group including an epoxy group and/or an amino group and/or a mercapto group and/or a vinyl group as claimed in claim 41.
There is no motivation is the reference to modify the silanol-terminated diorganopolysiloxane to have an organic moiety, and the organic moiety includes at least one functional group including an epoxy group and/or an amino group and/or a mercapto group and/or a vinyl group as claimed in claim 41.
Regarding claims 42-43, although the reference teaches at least one silanol-terminated diorganopolysiloxane, the reference does not teach further comprising an alcohol as claimed in claims 42-43.
There is no motivation in the reference do add an alcohol into the composition as claimed in claims 42-43.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US20080261024 teaches a silica based coating composition.
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/STEFANIE J COHEN/Examiner, Art Unit 1732 10/5/26