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 . The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action. The RCE is accepted.
Claim Rejections - 35 USC § 112
Claims 13 and 17 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 13 does not recite any process steps (‘adding to a matrix’), so it is unclear and incomplete. It is not clear if it should be a composition claim.
In claim 17, ‘comprise rubber and tires’ is backwards and duplicative. Tires comprise rubber, metallic bead and various metal parts (rims, bolts/screws, etc.) -not the other way around.
Prior art rejections:
Claims 12 and 13 are rejected under 35 U.S.C. 102a1 as being anticipated by Quitmann et al. 20080219915.
Quitmann teaches, especially in table 3 last entry, carbon black having BET of 316.6, STSA of 244.2 (ratio is 1.296) and volatiles of 4.62%. The ASTM test is the same (paras 53-58).
For claim 13, page 6 teaches use in rubber. While the process of claim 1 is not taught, no difference is seen since the actual required properties are explicitly recited.
Claim 17 is rejected under 35 U.S.C. 103 as being unpatentable over Quitmann.
For claim 17, ‘tires’ are not explicitly recited but it is obvious as a common rubber material. Incorporating it into a tire is obvious to impart the desired properties.
Applicant's arguments filed 12/10/25 have been fully considered but they are not persuasive.
Quitmann does teach an embodiment which meets the claimed properties of the carbon.
Applicant should provide on the record the document referred to in specification paragraph 59.
The claims not rejected above are allowable based upon the new limitations provided, especially the specific devices and temperatures and the recovery of carbon having properties claimed.
/STUART L HENDRICKSON/Primary Examiner, Art Unit 1736
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