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 1-3 in the reply filed on 2/2/26 is acknowledged. Since the election is made without traverse, the restriction is deemed as proper and therefore made FINAL. Claims 4-10 are withdrawn from consideration.
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) 1-3 is/are rejected under 35 U.S.C. 103 as being unpatentable over Burrows et al US 2016/0130471.
Per claim 1, Burrows teaches a conductive paste comprising a thermoplastic polyurethane (TPU) [0001], [0003], conductive polymer/powder [0007], and an organic solvent [0003]; and combining them in a mixture (abstract, [0025]). Burrows does not explicitly teach the claimed weight ratio. Burrows teaches that the conductive powder can be present at 20-92% based on the weight of the composition [0030]. Burrows teaches that the TPU can be present at 5-50% by weight in the organic medium [0034], dissolved (particles [0007], and that the organic medium may be present at 8-80% by weight based on the weight of the composition [0039]. As such, this would mean that the TPU can be present at 0.4-40% by weight based on the weight of the composition. As such, Burrows teaches a ratio of conductive powder to TPU that overlaps with the claimed ranges based on their ratios relative to the weight of the composition. In the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists. In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990). It would have been obvious to one of ordinary skill in the art to have selected a value within the disclosed workable range of the prior art to arrive at the desired result with a reasonable expectation for success.
Per claims 2-3, Burrows teaches the conductive particles to be carbon, specifically graphite (which is made of graphene) [0032].
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NATHAN T. LEONG whose telephone number is (571)270-5352. The examiner can normally be reached M-F 10:00-6:00pm.
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/NATHAN T LEONG/Primary Examiner, Art Unit 1718