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 1-15 in the reply filed on 07/06/2026 is acknowledged.
Claims 16-20 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected claims, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 07/06/2026.
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.
Claim(s) 1-10, 12-15 are rejected under 35 U.S.C. 103 as being unpatentable over Erb et al. (US 2017/0136699).
Regarding claims 1-8, 15 Erb discloses composite parts to be assembled with precise control over the orientation and spatial distribution of reinforcing or other particles within a matrix material. The composite parts can achieve enhanced properties, including mechanical, thermal, electrical and optical properties (abstract). Erb discloses composite part comprising magnetically responsive particles embedded in a matrix material, a plurality of the magnetically responsive particles within a single layer having different orientations in the matrix material, the part having at least one of a mechanical property, a thermal property, an electrical property, an electromagnetic property, and an optical property that is anisotropic (para 0043). The magnetically responsive particles can have any desired shape or configuration to impart the intended properties to the finished composite part. Examples include, without limitation, discontinuous fibers, rods, platelets, flakes, whiskers, and platelets (para 0136).Suitable matrix materials include, without limitation, a photocurable acrylic material, a polymethylmethacrylate (PMMA) material, or a polyurethane material (para 0159). The magnetically responsive particles can be magnetically responsive due to the particle itself being magnetic or the particle being coated with a material that itself is magnetic. Non-magnetic particles that can be coated with magnetic material can include, without limitation, ceramics, metals, and polymers, such as but not limited to, calcium phosphate, glass (SiO.sub.2), aluminum oxide (Al.sub.2O.sub.3), boron nitride (para 0162). Boron nitride would intrinsically be thermally anistropic material. Erb discloses method of producing a composite part, comprising: [0007] (a) introducing a precursor material in a first layer adjacent a build plate, the precursor material comprising a matrix material and magnetically responsive particles, the magnetically responsive particles comprising at least in part a magnetic material; [0008] (b) orienting the magnetically responsive particles in a first alignment with a first magnetic field; [0009] (c) consolidating a first portion of the matrix material in the first layer with the magnetically responsive particles within the first portion held in the first alignment; [0010] (d) orienting a further portion of the magnetically responsive particles in a further alignment different from the first alignment with a further magnetic field; and [0011] (e) consolidating a further portion of the matrix material in the first layer with the magnetically responsive particles within the further portion held in the further alignment. Composite materials and parts with enhanced thermal conductivity properties including anisotropic and programmed thermal conductivity can be provided, such as conductive or non-conductive fillers. Applications include aerospace components, embedded electronics, and the like (para 0191).
With respect to the limitation, higher in-plane thermal conductivity and a lower through-plane conductivity, wherein the composite is characterized by at least one preferred thermal conduction path defined in sections of differently oriented alignments of the particles, and wherein at least two of the sections are differently oriented relative to one another by a gradient angular difference such that the at least two of the sections are non-parallel and non-perpendicular to one another. Erb discloses FIG. 13C is a schematic diagram indicating vertical, out-of-plane alignment of the platelets of FIG. 13A and FIG. 13D is a schematic diagram indicating horizontal, in-plane alignment of the platelets of FIG. 13B (para 0093-0094, see figure 14A-14B).
Alternatively, With respect to the alignment and orientation limitation, Change in size and shape is not patently distinct over the prior art absent persuasive evidence that the particular configuration of the claimed invention is significant. See In re Rose, 220 F.2d 459, 105 USPQ 237 (CCPA 1955); In re Rinehart, 531 F.2d 1048, 189 USPQ 143 (CCPA 1976); In re Dailey, 357 F.2d 669, 149 USPQ 47 (CCPA 1966). MPEP 2144.04[R-1].
Regarding claims 8-10, Erb discloses figure 14A-14B and 15C-15D which discloses first layers, intermediate and second layers and which meets the particle orientation as claimed.
Alternatively, With respect to the alignment and orientation limitation, Change in size and shape is not patently distinct over the prior art absent persuasive evidence that the particular configuration of the claimed invention is significant. See In re Rose, 220 F.2d 459, 105 USPQ 237 (CCPA 1955); In re Rinehart, 531 F.2d 1048, 189 USPQ 143 (CCPA 1976); In re Dailey, 357 F.2d 669, 149 USPQ 47 (CCPA 1966). MPEP 2144.04[R-1].
Regarding claim 12, As Erb discloses article comprising the composition comprising polymer matrix and boron nitride as presently claimed, therefore the composite would intrinsically have claimed density, with respect to hexagonal BN, Change in size and shape is not patently distinct over the prior art absent persuasive evidence that the particular configuration of the claimed invention is significant. See In re Rose, 220 F.2d 459, 105 USPQ 237 (CCPA 1955); In re Rinehart, 531 F.2d 1048, 189 USPQ 143 (CCPA 1976); In re Dailey, 357 F.2d 669, 149 USPQ 47 (CCPA 1966). MPEP 2144.04[R-1].
With respect to 62.6 vol% of hexagonal BN, It would have been obvious to one of ordinary skill in the art at the time of the invention to choose the instantly claimed ranges through process optimization motivated by the desire to have desired thermal conductivity, mechanical strength, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. See In re Boesch, 205 USPQ 215 (CCPA 1980) (MPEP 2144.05).
Regarding claims 13-14, As Erb discloses article comprising the composition comprising polymer matrix and boron nitride as presently claimed, therefore the composite would intrinsically have claimed thermal conducitivty of 12 W/mK over a range of temperature from 25-200C and electrical resistivity of at least 25 Momega.cm.
Claim(s) 11 is rejected under 35 U.S.C. 103 as being unpatentable over Erb et al. (US 2017/0136699) as applied to claim 1, further in view of Boulanger et al. (US 2014/0302579).
Regarding claim 11, Erb discloses magnetically responsive particles can be magnetically responsive due to the particle itself being magnetic or the particle being coated with a material that itself is magnetic. Non-magnetic particles that can be coated with magnetic material can include, without limitation, ceramics, metals, and polymers, such as but not limited to, calcium phosphate, glass (SiO.sub.2), aluminum oxide (Al.sub.2O.sub.3), boron nitride (para 0162), but fails to disclose that the matrix comprises polyvinyl pyrrolidone.
Whereas, Boulanger discloses device comprising (i) a composite material comprising (1) a plurality of conductive or semiconductive nanotubes, and (2) a matrix arranged between these nanotubes and (ii) means allowing said composite material to be subjected to an electric field (abstract). The polymer matrix used in the present invention may be formed of one or more thermoplastic polymer(s), one or more thermosetting polymer(s), one or more glassy polymer(s) or a mixture thereof. By <<polymer matrix>> is more particularly meant a matrix whose constituent material is chosen from the group consisting of a polyamide, polyimide, parylene, polycarbonate, polydimethylsiloxane, polyolefin, polysulfone, polyethersulfone, polyetheretherketone (PEEK) and its derivatives, a polypropylene (PP), polyvinylidene fluoride (PVDF), polyvinyl pyrrolidone (PVP) [para 0057]. The conductive or semiconductive nanotubes are inorganic nanotubes chosen from the group consisting of nanotubes of zinc oxide (ZnO), nanotubes of gallium nitride (GaN), nanotubes of boron nitride (BN) [claim 2].
It would have been obvious to one of ordinary skill in the art at the time the application was filed to include polyvinyl pyrrolidone as the matrix as taught by Boulanger in the matrix of Erb motivated by the desire to have improved adhesion and heat resistance.
Conclusion
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/RONAK C PATEL/Primary Examiner, Art Unit 1788
