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.
Claims 1-14 are rejected under 35 U.S.C. 103 as being unpatentable over Amidaiji et al (20020197490) in view of Maliverney et al (20150337115).
Amidaiji, paragraphs 15-17 of the PGPUB, teaches the first curable composition of the present invention comprises:
an organopolysiloxane having functional groups capable of condensation reaction at both molecular terminals thereof, and
(B-1) a hydrophobic silica and a hydrophilic silica.
Amidaiji, paragraph 34 of the PGPUB, teaches further, a silicone oil (D) is preferably contained in a total amount of 0.1 to 200 parts by weight per 100 parts by weight of the organopolysiloxane (A).
Amidaiji, paragraphs 62-63 of the PGPUB, teaches this organopolysiloxane (A) is preferably represented by the formula:
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wherein W is a functional group capable of condensation reaction and represents a hydroxyl group (—OH) or a hydrolyzable group; each of R 1 and R independently represents an unsubstituted or substituted monovalent hydrocarbon group having 1 to 12 carbon atoms, provided that the hydrocarbon groups R1 as well as the hydrocarbon groups R may be identical with or different from each other; n is an integer of 5 or greater; and a is 0, 1 or 2.
Amidaiji, paragraph 64 of the PGPUB, teaches in this formula [α], when a=0 or 1, it is preferred that W represent a hydrolyzable group.
Amidaiji, paragraph 69 of the PGPUB, teaches when W of the formula [α] represents a hydrolyzable group, it can be, for example, an iminoxy group.
Amidaiji, paragraph 73 of the PGPUB, teaches the iminoxy group (RR′C═N—O—, also known as an oxyimino group or a ketoxime group) is preferably one having about 3 to 10 carbon atoms.
Although the reference teaches an iminoxy group, the reference does not teach a methyl isobutyl ketoxime.
Maliverney teaches an organopolysiloxane composition.
Maliverney, paragraph 191 of the PGPUB, teaches as examples of hydrolyzable and condensable groups Z of iminoxy and in particular ketiminoxy type, mention may be made of groups derived from the following oximes: methylisobutylketoxime.
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 a methylisobutylketoxime group as taught by Maliverney as the iminoxy group as taught by Amidaiji as Maliverney teaches methylisobutylketoxime is a hydrolysable group that can be used with organopolysiloxanes.
Regarding claim 2, when a=2, iminoxy group would be on both ends.
Regarding claim 3, Amidaiji, paragraph 85 of the PGPUB, teaches among the groups R, unsubstituted monovalent hydrocarbon groups are preferred. Methyl and phenyl are especially preferred.
Therefore, the polysiloxane would have a polydimethylsiloxane.
Regarding claims 4-5, the reference teaches a hydrophobic silica and a hydrophilic silica.
Regarding claim 6, Amidaiji, paragraph 34 of the PGPUB, teaches further, a silicone oil (D) is preferably contained in a total amount of 0.1 to 200 parts by weight per 100 parts by weight of the organopolysiloxane (A).
Regarding claim 7, Amidaiji, paragraph 236 of the PGPUB, teaches a polyether modified silicone oil.
Regarding claim 8, Amidaiji, paragraph 176 of the PGPUB, teaches dyes and other various colorants may be contained in the pigments. These various pigments are added to the curable composition, especially the curable paint composition, in a total amount of, for example, about 0.5 to 45% by weight.
Regarding claim 9, Amidaiji, paragraph 134 of the PGPUB, teaches the silicone oil (D), preferably at least one of the silicone oil [II], silicone oil [III] and silicone oil [IV], is preferably contained in the composition in a total amount of 0.1 to 200 parts by weight, still preferably 20 to 100 parts by weight, per 100 parts by weight of the component (A).
Regarding claim 10, Amidaiji, table 2, teaches the polysiloxane is present in the amount of 30-80 wt%.
Regarding claim 11, Amidaiji, abstract, teaches the curable composition, in particular when used as a coating material or a paint, is excellent in sprayability and enables forming a thick coating film by one-time application. The curable composition enables shortening the operating period for coating, and a coating film of uniform thickness can be obtained by the application thereof.
Regarding claims 12-13, Amidaiji, paragraph 43 of the PGPUB, teaches the antifouling base material of the present invention comprises a base material brought into contact with sea water or fresh water, having its surface covered with a coating film obtained by curing any of the above curable compositions (especially, antifouling paints). The base material is preferably any of underwater structures, ship shell plates, fishing nets and fishing gears.
Regarding claim 14, Amidaiji, paragraph 44 of the PGPUB, the method of rendering a base material antifouling according to the present invention comprises coating or impregnating a surface of a base material, such as an underwater structure, with an antifouling paint comprising any of the above curable compositions, and subsequently curing the antifouling paint to thereby form an antifouling coating film.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US5405930 teaches novel silanes.
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/STEFANIE J COHEN/ Examiner, Art Unit 1732 6/11/26
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