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 claims 1-7 in the reply filed on 07/23/2026 is acknowledged.
Claim 8 is withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected method, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 07/23/2026.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale or otherwise available to the public before the effective filing date of the claimed invention.
Claim 1 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by Ogawa (US 2023/0040808 A1).
Regarding claim 1, Ogawa teaches a mold for injection molding (a mold for use in injection molding having a deposited structure in which a plurality of layers are deposited) (¶0007-0117), the mold comprising a material containing inorganic particles surface-modified with a silane coupling agent (¶0045), and a thermoplastic resin (¶0022), wherein the mold has a bending stress of 120 MPa or more as measured by a three-point bending strength test (Flexural Strength of 144.8 MPa; see ¶0078 and Table 1).
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 set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied 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.
Claims 2-4 are rejected under 35 U.S.C. 103 as being unpatentable over Ogawa (US 2023/0040808 A1).
Regarding claim 2, as applied to the mold according to claim 1, Ogawa does not specify wherein the mold has an elastic modulus of 8300 MPa or more as measured by the three-point bending strength test.
However, where the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable range by routine experimentation. MPEP 2144.05(II). It would have been routine optimization to arrive at the claimed invention with a reasonable expectation of success since Ogawa teaches that a from the viewpoint of the balance between the viscosity of the resin composition and the elastic modulus of the shaped object, the content of the inorganic particles is more preferably 40% by volume or more and 65% by volume or less and even more preferably 50% by volume or more and 65% by volume or less (¶0043). The curable resin compositions of the present invention were more preferable for shaped objects that require high rigidity such as resin molds for injection molding (¶0107). It is possible to provide a photo-curable resin composition preferable for three-dimensional shaping with which a shaped object having good heat resistance, elastic modulus, and flexural strength and usable as a mold for resin injection molding can be formed (¶0116).
Ogawa teaches that elastic modulus of the mold is proportionate to the rigidity of the mold (¶0043,0107,0116).
Since this particular parameter is recognized as result-effective variable, i.e. a variable which achieves a recognized result, the determination of the optimum or workable ranges of said variable can be characterized as routine experimentation. MPEP 2144.05(II).
One of ordinary skill in the art before the effective filing date of the invention would have found it obvious to modify the mold disclosed in Ogawa via routine optimization such that the mold has an elastic modulus of 8300 MPa or more as measured by the three-point bending strength test to yield an expected result. MPEP 2144.05(II).
Regarding claims 3-4, as applied to the mold according to claim 1, Ogawa does not specify wherein a content of the silane coupling agent with respect to a unit surface area of the inorganic particles is 0.00233 g/m2 or more and 0.00933 g/m2 or less nor wherein a content of the silane coupling agent with respect to 100 parts by mass of the inorganic particles is 0.05 parts by mass or more and 0.2 parts by mass or less.
However, where the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable range by routine experimentation. MPEP 2144.05(II). It would have been routine optimization to arrive at the claimed invention with a reasonable expectation of success since Ogawa teaches that, in the case where the surfaces of the inorganic particles (B) are modified, the amount of the organic component of the inorganic particles is preferably 0.1% by mass or more and less than 20% by mass and more preferably 0.5% by mass or more and less than 10% by mass from the viewpoint of the flexural modulus and heat resistance of the shaped object (¶0047). Ogawa teaches that closer the shape of the inorganic particles to a spherical shape, the smaller their surface area and therefore the smaller the interaction between the composition and the inorganic particles (¶0048). Accordingly, the viscosity is less prone to rise (¶0048). Moreover, the closer the shape of the inorganic particles to a spherical shape, the smaller their surface area and the smaller the amount of the modifier required to cover their surfaces (¶0048). Accordingly, physical properties of the shaped object are less prone to be deteriorated (¶0048).
Ogawa teaches that amount of the modifier required to cover the surfaces of the inorganic particle is proportionate to the deterioration of the shaped object (¶0047-0048).
Since this particular parameter is recognized as result-effective variable, i.e. a variable which achieves a recognized result, the determination of the optimum or workable ranges of said variable can be characterized as routine experimentation. MPEP 2144.05(II).
One of ordinary skill in the art before the effective filing date of the invention would have found it obvious to modify the mold disclosed in Ogawa via routine optimization such that a content of the silane coupling agent with respect to a unit surface area of the inorganic particles is 0.00233 g/m2 or more and 0.00933 g/m2 or less and a content of the silane coupling agent with respect to 100 parts by mass of the inorganic particles is 0.05 parts by mass or more and 0.2 parts by mass or less to yield an expected result. MPEP 2144.05(II).
Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Ogawa (US 2023/0040808 A1), as applied to claim 1, in view of Li (CN-117510991-A).
Regarding claim 5, as applied to the mold according to claim 1, Ogawa does not specify wherein the silane coupling agent has an OH group functional group.
However, reasonably pertinent to the particular problem with which the applicant was concerned (silane coupling agent has an OH group functional group; see MPEP 2141.01(a)), Li discloses a method for preparing the above functional magnetic powder is also provided, and the method comprises: step S1, mixing the magnetic powder with the amino silane coupling agent for coupling reaction to obtain the coupling agent grafting magnetic powder; step S2, mixing the coupling agent grafting magnetic powder with the hydroxyl carboxylic acid compound for grafting reaction to obtain the function magnetic powder; and wherein, the magnetic powder, the aminosilane coupling agent and the hydroxycarboxylic acid compound (the silane coupling agent has an OH group functional group) all have the same definition in the first exemplary embodiment (CITE).
One of ordinary skill in the art before the effective filing date of the invention would have found it obvious to modify the mold disclosed Ogawa by substituting the silane coupling agent disclosed in Ogawa with the aminosilane coupling agent and the hydroxycarboxylic acid compound (the silane coupling agent has an OH group functional group) disclosed in Li since the simple substitution of one known element for another is likely to be obvious when predictable results are achieved. MPEP 2143(B).
Claims 6-7 is rejected under 35 U.S.C. 103 as being unpatentable over Ogawa (US 2023/0040808 A1), as applied to claim 1, in view of Lee (KR-20190091585-A).
Regarding claims 6-7, as applied to the mold according to claim 1, while Ogawa teaches that the inorganic particles are spherical (¶0047-0048).
Ogawa does not wherein the inorganic particles include an amorphous metal nor inorganic particles include a spherical iron powder.
However, reasonably pertinent to the particular problem with which the applicant was concerned (surface-modification of inorganic particles; see MPEP 2141.01(a)), Lee discloses the known technique of surface-modification on a metallic material, wherein metallic materials include iron powder and amorphous properties (Abstract and ¶0115).
One of ordinary skill in the art before the effective filing date of the invention would have found it obvious to modify the mold disclosed Ogawa by substituting the material of the spherical inorganic particles disclosed in Ogawa with the metallic materials including iron powder and amorphous properties disclosed in Lee since the simple substitution of one known element for another is likely to be obvious when predictable results are achieved. MPEP 2143(B).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JaMel M Nelson whose telephone number is (571)272-8174. The examiner can normally be reached 9:00 a.m. to 5:00 p.m..
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/JAMEL M NELSON/Primary Examiner, Art Unit 1743
