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/Restriction
Applicant’s affirmation of the election of claims 6, 8-13 and 25 in the reply filed on 9/12/2025 is acknowledged. Because applicant did not distinctly and specifically point out the supposed errors in the restriction requirement, the election has been treated as an election without traverse (MPEP § 818.01(a)).
Claims 1-5 and 16-22 remain withdrawn from further consideration by the examiner, 37 CFR 1.142(b), as being drawn to a non-elected invention.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 6, 8, 9 and 11-13 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Luo et al., “Toughening diene elastomers by strong hydrogen bond interactions”, Polymer, 2016, Vol. 106, pages 21-28.
In the abstract and page 22 (¶ 2.2), Luo et al. teach combining an elastomeric polyisoprene polymer (PI) and mCPBA (meta-Chloroperoxybenzoic acid), which includes a weak peroxide (O-O) bond group to form a covalent bond with the elastomeric polymer, and an “O” moiety that is capable of forming a hydrogen bond, in solution and isolating the functionalized elastomer before reacting to prepare the polymer with UPy groups.
Thus, the requirements for rejection under 35 U.S.C. 102(a)(1) are met.
Claim(s) 6 and 8-13 is/are rejected under 35 U.S.C. 102(a)(1)/(a)(2) as being anticipated by Fleury et al. (US 20180346617).
In ¶’s 8-10, Fleury et al. teach combining solution a diene elastomer and a 1,3-dipolar compound, with the 1,3-dipolar compound comprising a group Q and a group A connected together by a group B, in which Q comprises a dipole containing at least and preferably one nitrogen atom capable of forming a cycloaddition on an unsaturated carbon-carbon bond (¶ 46), A comprises an associative group comprising at least one nitrogen atom, selected from the group consisting of the imidazolidinyl, triazolyl, triazinyl, bis-ureyl and ureido-pyrimidyl groups (¶ 48), and B is an atom or a group of atoms forming a bond between Q and A.
In ¶ 107, Fleury et al. teach forming rubber composition by combining the functionalized elastomer with a chemical crosslinking agent for vulcanization.
Thus, the requirements for rejection under 35 U.S.C. 102(a)(1)/(a)(2) are met.
Claim(s) 6 and 8-13 is/are rejected under 35 U.S.C. 102(a)(1)/(a)(2) as being anticipated by Araujo da Silva et al. (USPN 20130123418).
In ¶’s 33-37, Araujo da Silva et al. teach combining solution a diene elastomer and a modifier, the modifier comprising at least one group Q, and at least one group A, which are joined to one another by at least one and preferably one spacer group Sp, wherein Q comprises a dipole (capable of forming a cycloaddition on an unsaturated carbon-carbon bond) containing at least one and preferably one nitrogen atom, A comprises an associative group preferably selected from a group consisting of imidazolidinyl, ureyl, bis-ureyl, ureido-pyrimidyl and triazolyl (¶ 76), and Sp is an atom or group of atoms forming a bond between Q and A.
In ¶’s 110-112, Araujo da Silva et al. teach vulcanizing the functionalized elastomer with a chemical crosslinking agent.
Thus, the requirements for rejection under 35 U.S.C. 102(a)(1)/(a)(2) are met.
Claim(s) 6, 8-13 and 25 is/are rejected under 35 U.S.C. 102(a)(1)/(a)(2) as being anticipated by Fleury et al. (USPN 20180334553).
In ¶’s 38-40 and 49, Fleury et al. teach preparing a modified diene elastomer by grafting a diene elastomer with a 1,3-dipolar compound, with the 1,3-dipolar compound comprising an associative group is selected from the group consisting of the imidazolidinyl, triazolyl, triazinyl, bis-ureyl and ureido-pyrimidyl groups, a group which is reactive with regard to a diene polymer, for example, the amine, thiol, epoxy, isocyanate, anhydride, alcohol or carboxylic acid group, the two groups connected together by a group a connecting group.
In ¶’s 88 and 89, Fleury et al. teach forming rubber composition by combining the modified elastomer with a chemical crosslinking agent for vulcanization.
Thus, the requirements for rejection under 35 U.S.C. 102(a)(1)/(a)(2) are met.
Claim(s) 6, 8-13 and 25 is/are rejected under 35 U.S.C. 102(a)(1)/(a)(2) as being anticipated by Araujo da Silva et al. (USPN 20140316057).
In ¶’s 9-12, Araujo da Silva et al. teach combining solution a diene elastomer and a modifier, the modifier comprising at least one group Q, and at least one group A, which are joined to one another by at least one and preferably one spacer group Sp, wherein Q comprises an azo-dicarbonyl unit capable of forming a cycloaddition on an unsaturated carbon-carbon bond, A comprising an associative group preferably selected from a group consisting of imidazolidinyl, ureyl, bis-ureyl, ureido-pyrimidyl and triazolyl (¶ 42), and Sp is an atom or group of atoms forming a bond between Q and A.
In ¶ 79, Araujo da Silva et al. teach vulcanizing the functionalized elastomer with a crosslinking agent.
Thus, the requirements for rejection under 35 U.S.C. 102(a)(1)/(a)(2) are met.
Response to Arguments
Applicant's arguments filed 9/12/2025 have been fully considered but they are not persuasive.
Regarding Luo et al., it is noted that the mCPBA (meta-Chloroperoxybenzoic acid) taught by Luo et al. to be combined with the elastomer meets the requirements for the claimed enophilic functionalizing agent. Thus, the requirements for rejection are still met by Luo et al.
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KELECHI CHIDI EGWIM whose telephone number is (571)272-1099. The examiner can normally be reached M-Th 9-7.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Robert Jones can be reached at (571) 270-7733. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/KELECHI C EGWIM/Primary Examiner, Art Unit 1762
KCE
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