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 .
The Office Action is in response to the application filed 03/08/2024.
Claim Analysis
Summary of Claim 1:
A fluororubber composition comprising
to 1 parts by weight of a compound represented by the general formula:
PNG
media_image1.png
136
440
media_image1.png
Greyscale
(wherein any two of R1, R2, and R3 are lower alkyl groups having 1 to 5 carbon atoms, and the remaining one is hydrogen, and X is a methyl group or a hydroxyl group) and having a number average molecular weight Mn of 200 to 300, based on 100 parts by weight of peroxide-crosslinkable fluororubber.
Claim Objections
Claim 1 is objected to because of the following informalities:
Claim 1 recites “(wherein any two of R1, R2, and R3 are lower alkyl groups having 1 to 5 carbon atoms, and the remaining one is hydrogen, and X is a methyl group or a hydroxyl group)” (emphasis added). Applicant is advised to remove the parentheses.
Appropriate correction is required.
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 1-8 are rejected under 35 U.S.C. 103 as being unpatentable over Kotani et al. (US 2007/0135590 A1; hereafter as “Kotani”).
Regarding Claims 1-3, Kotani teaches a curable composition [Abstract; Claim 1], comprising:
phenolic antioxidant, such as 2,6-di-tert-butyl-4-methylphenol [¶ 0155, 0158; Claim 1], which has a molecular weight of 220 g/mol, which corresponds to the compound represented by the general formula [I] having a number average molecular weight Mn of 200 to 300 of Claim 1,
wherein the 4-methyl group reads on X is a methyl group of Claim 1,
wherein the 2,6-di-tert-butyl groups read on R1 and R2 are alkyl groups with 4 carbon atoms of Claim 1, reads on the tert-butyl groups of Claim 2, and corresponds to the 2,6-di-tert-butyl-4-methylphenol of Claim 3;
wherein R3 is hydrogen of Claim 1;
vinyl polymer, such as vinylidene fluoride [¶ 0029; Claim 1], which corresponds to the peroxide-crosslinkable fluororubber of Claim 1;
0.5 to 5 parts by weight of a phenolic antioxidant per 100 parts by weight of a vinyl polymer [¶ 0158], which overlaps with 0.1 to 1 parts by weight of a compound represented by the general formula [I] based on 100 parts by weight of a peroxide-crosslinkable fluororubber of Claim 1.
However, Kotani does not explicitly teach 0.1 to 1 parts by weight of a compound represented by the general formula [I] based on 100 parts by weight of a peroxide-crosslinkable fluororubber of Claim 1, and is further silent on all the claimed limitations together in one embodiment.
Regarding the amount of general formula [I], one of ordinary skill in the art at the time the invention was made would have considered the invention to have been obvious because the amount of 2,6-di-tert-butyl-4-methylphenol (0.5 to 5 parts by weight per 100 parts by weight of the vinyl polymer) overlaps the instantly claimed range (0.1 to 1 parts by weight based on 100 parts by weight of the fluororubber) and is therefore considered to establish a prima facie case of obviousness. It would have been obvious to one of ordinary skill in the art to select any portion of the disclosed ranges including the instantly claimed ranges from the ranges disclosed in the prior art reference, MPEP 2144.05.
Regarding teaching all the claimed limitations in a single embodiment, Kotani teaches the 2,6-di-tert-butyl-4-methylphenol and vinylidene fluoride with sufficient specificity that one of ordinary skill in the art would arrive at the claimed combination. Moreover, one of ordinary skill in the art at the time of the claimed invention would have found it “obvious to try” 2,6-di-tert-butyl-4-methylphenol and vinylidene fluoride as the teaching represents a finite number of identified, predictable combinations. KSR Int'l Co. v. Teleflex, Inc., 550 U.S. 398 (2007).
Regarding Claims 4-8, Kotani further teaches:
2,5-di-tert-butylhydroquinone and 2,5-di-tert- amylhydroquinone [¶ 0155], which correspond to the hydroquinone derivatives of Claim 4, and thereby read on the 2,5-di-tert-butylhydroquinone or 2,5-di-tert- amylhydroquinone, respectively, of Claim 5;
Dicumyl peroxide [¶ 0055], corresponding to the peroxide cross-linking agent of Claim 6; and
the curable composition is usable as sealants for rear faces of solar cells and waterproof sealants [¶ 0224-0248], corresponding to the crosslinked product of Claim 7, and use as a sealing material of Claim 8.
Claims 1-5, and 7-8 are rejected under 35 U.S.C. 103 as being unpatentable over Tanaka et al. (US 9,028,942 B2; hereafter as “Tanaka”).
Regarding Claims 1-3, Tanaka teaches a fluoroelastomer composition [Claim 1], corresponding to the fluororubber composition of Claim 1, comprising:
antioxidant such as 2,6-di-tert-butyl-4-methylphenol [Col. 6, Lines 43-45], which has a molecular weight of 220 g/mol, which corresponds to the compound represented by the general formula [I] having a number average molecular weight Mn of 200 to 300 of Claim 1,
wherein the 4-methyl group reads on X is a methyl group of Claim 1,
wherein the 2,6-di-tert-butyl groups read on R1 and R2 are alkyl groups with 4 carbon atoms of Claim 1, reads on the tert-butyl groups of Claim 2, and corresponds to the 2,6-di-tert-butyl-4-methylphenol of Claim 3;
wherein R3 is hydrogen of Claim 1;
fluorine-containing ethylenic monomer such as pentafluoropropylene [Col. 3, Lines 17-25], which corresponds to the peroxide-crosslinkable fluororubber of Claim 1;
less than 0.5 parts by weight of antioxidant per 100 mass parts of fluoroelastomer [Claim 4], which corresponds with 0.1 to 1 parts by weight of a compound represented by the general formula [I] based on 100 parts by weight of a peroxide-crosslinkable fluororubber of Claim 1.
However, Tanaka does not explicitly teach all the claimed limitations in one embodiment.
Nevertheless, Tanaka teaches the 2,6-di-tert-butyl-4-methylphenol and pentafluoropropylene with sufficient specificity that one of ordinary skill in the art would arrive at the claimed combination. Moreover, one of ordinary skill in the art at the time of the claimed invention would have found it “obvious to try” 2,6-di-tert-butyl-4-methylphenol and pentafluoropropylene as the teaching represents a finite number of identified, predictable combinations. KSR Int'l Co. v. Teleflex, Inc., 550 U.S. 398 (2007).
Regarding Claims 4-5 and 7-8, Tanaka further teaches:
2,5-di-tert-butylhydroquinone and 2,5-di-tert- amylhydroquinone [Col. 6, Lines 55-57], which correspond to the hydroquinone derivatives of Claim 4, and thereby read on the 2,5-di-tert-butylhydroquinone or 2,5-di-tert- amylhydroquinone, respectively, of Claim 5;
A molded article obtained with the fluoroelastomer which is a sealing material [Claims 5-6], corresponding to the crosslinked product of Claim 7, and use as a sealing material of Claim 8.
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Tanaka et al. (US 9,028,942 B2; hereafter as “Tanaka”) in view of Kotani et al. (US 2007/0135590 A1; hereafter as “Kotani”).
Tanaka teaches the fluororubber and antioxidant of Claim 1as set forth above and incorporated herein by reference.
Tanaka teaches the fluoroelastomer is crosslinkable [Claim 1].
However, Tanaka does not explicitly teach crosslinkers, including the claimed peroxide cross-linking agent of Claim 6.
Nevertheless, Kotani teaches a curable composition [Abstract; Claim 1] usable as sealants for rear faces of solar cells and waterproof sealants [¶ 0224-0248], wherein the curable composition comprises 2,6-di-tert-butyl-4-methylphenol [¶ 0155, 0158; Claim 1] and vinylidene fluoride [¶ 0029; Claim 1], and further comprises:
dicumyl peroxide [¶ 0055], corresponding to the peroxide cross-linking agent of Claim 6.
Kotani offers the motivation that peroxides are preferred radical generators because they are capable of generating radicals under a polymerization temperature [¶ 0055].
Tanaka and Kotani are considered to be analogous art as the claimed invention, as all are in the same field of methods of preparing sealants made from fluororubbers comprising fluorocarbons and antioxidants.
Therefore, it would be obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use the dicumyl peroxide of Kotani with the fluororubber composition of Tanaka thereby arriving at the claimed invention.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DORIS LING whose telephone number is (571)270-3961. The examiner can normally be reached Monday-Friday, 8:30am-5:00pm.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, ARRIE LANEE REUTHER can be reached on (571)270-7026. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/DORIS LING/Examiner, Art Unit 1764
/ARRIE L REUTHER/Supervisory Primary Examiner, Art Unit 1764
Prosecution Insights