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 § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1–8 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention. Claim 1 recites “wherein a content of the silicon atom-bonded hydrogen atoms is 0.5 mass% or less.” The limitation renders the claim indefinite as it fails to specify of what the silicon atom-bonded hydrogen atoms is 0.5 mass% or less (e.g., the silicone rubber composition, component (B), or something else). For examination purposes, the disputed limitation is interpreted as the silicon atom-bonded hydrogen atoms is 0.5 mass% or less of component (B).
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.
Claim(s) 1–8 are rejected under 35 U.S.C. 103 as being unpatentable over Yamamoto (US 2013/0071591 A1) in view of Irie (US 2010/0144933 A1).
Yamamoto teaches a silicone rubber composition for coating airbag textiles, wherein the composition comprises (A) 100 parts by weight of an organopolysiloxane having one or more silicon atom-bonded alkenyl groups on average per molecule and having a viscosity at 25oC of 100 to 1,000,000 mPa*s; (B) an organosiloxane having at least three silicon atom-bonded hydrogen atoms per molecule, wherein the silicon atom-bonded hydrogen atoms are 0.8–2.5 moles per one mole of alkenyl groups in (A); (C) enough hydrosilylation catalyst to cure the composition; (D) 0.1–50 parts by mass of a reinforcing silica fine powder; and (E) 0.05–5 parts by mass of an adhesion promoter. Yamamoto abstract, ¶¶ 29, 46–47. Component (B) comprises components (B-1) and (B-2), which are blended together to arrive at a silicon atom-bonded hydrogen atom level of less than 0.5 mass percent. See id. ¶¶ 70–71. The airbags are formed when a woven fabric is coated with the silicone rubber composition, which is then cured. Id. ¶¶ 8, 31.
Yamamoto fails to teach the use 0.001 to 5 parts by mass of an amino group-containing triazine compound, or a compound having a phenol backbone and an amide bond, wherein each compound has a molecular weight of from 120 to 700 (F).
Irie teaches the use of a metal deactivator, such as an amino group-containing triazine compound at levels of 0.001 to 5 mass percent of a curable silicone rubber composition and a hydrosilylation retardant at the same levels. Irie abstract. An example of the amino group-containing triazine is 2,4,6-triamino-1,3,5-triazine, also known as melamine, which has a molecular weight of 126 g/mol. Id. ¶ 16.
It would have been obvious to one of ordinary skill in the art at the time of the invention to have added the metal deactivator and hydrosiylation retardant to the silicone rubber composition of Yamamoto as their addition eliminates the need of secondary heat treatments following primary curing, thereby speeding up the curing process. See Irie ¶¶ 5–8.
Claim 2 is rejected as the adhesion promoter (E) in Yamamoto may be an organotitanium compound. Yamamoto ¶ 47. Claims 3 and 4 are rejected as the metal deactivator used in Irie is the amino group-containing triazine is 2,4,6-triamino-1,3,5-triazine, which has a melting point within the claimed range. Irie ¶ 16; see Spec. ¶ 14.
Claim 5 is rejected as the metal deactivator of Irie may also be 3-(N-salicyloyl)amino-1,2,4-triazole with a molecular weight of 204. Irie ¶ 15.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MATTHEW D MATZEK whose telephone number is (571)272-5732. The examiner can normally be reached M-F 9:30-6.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jennifer Boyd can be reached at 571.272.7783. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MATTHEW D MATZEK/Primary Examiner, Art Unit 1786
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