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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 1,2, 5, 6, and 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Sakamoto et al (US 2007/0179066 A1).
Sakamoto teaches a grease composition (abstract) that contains:
A. A base oil that is a mineral oil, a paraffin oil, or a synthetic oil. Esters may also be used. See p 15-16.
B. A thickener that may be urea or lithium complex soap or a urea based compound. See 28-30.
C. molybdenum dithiocarbamate encompassing the Markush structure of claim 1. See p 41-42 and p 50.
D. Sulfurized olefins overlapping encompassing the alkyl ranges of claim 1 and 2. See p 55-56. Given the possible formula that amount of sulfur overlaps the range of 5% to 50% sulfur.
E. a detergent/dispersant that is a basic calcium salicylate or sulfonate or fatty acid salt. See p 117-123. Also see 130. The metal may also be magnesium.
F. Other additives known in the art including specifically rust agents V.I. improvers and others. See p 132.
In a case where the claimed ranges overlap or lie inside ranges disclosed by the prior art a prima facie case of obviousness exists. See In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1946), and MPEP 2144.05.
Claim(s) 3 is/are rejected under 35 U.S.C. 103 as being unpatentable over Sakamoto et al (US 2007/0179066 A1) and Takata et al (US 2015/0299604 A1).
Regarding claim 3 Sakamoto does not specifically teach the use of the polymer of claim 3.
Takata teaches a grease composition (p 47) that contains the polymer of claim 3 with overlapping ranges for the R groups and the ratio of the monomers. See abstract and p 13-16.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use the friction/wear reducing agent of Takata in the invention of Sakamoto. Sakamoto already calls for use of these additives and they have the advantage of adding friction/wear reduction to a grease composition.
Claim(s) 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Sakamoto et al (US 2007/0179066 A1) and Asai et al (US 2019/0276763 A1).
Regarding claim 4 Sakamoto does not specifically teach the use of a benzotriazole or triazine.
Asai teaches a grease composition (abstract) that use a metal deactivator (corrosion agent) that is a benzotriazole and/or a triazine. See p 116 and p 114.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use the metal deactivator/corrosion agents of Asai in the invention of Sakamoto. Sakamoto already calls for use of these additives and they have the advantage of adding corrosion protection to a grease composition.
Claim(s) 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Sakamoto et al (US 2007/0179066 A1) and Kondo et al (US 2010/0323934 A1).
Regarding claim 7 Sakamoto does not specifically teach the use of an aromatic ester.
Kondo teaches a grease composition (abstract) that use a base oil that is a pyromellitic acid ester and/or a trimellitic acid ester. See page 4 table 1 and the following examples.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use some amount of the base oil of Kondo in the invention of Sakamoto. Sakamoto already calls for use of a base oil and the base oil of Kondo improves a variety of the physical properties of the grease, including temperature and torque resistance. See p 1 and 21.
Conclusion
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/FRANCIS C CAMPANELL/Examiner, Art Unit 1771
/PREM C SINGH/Supervisory Patent Examiner, Art Unit 1771
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