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
Claims 27-30 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected inventions, there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on 8 October 2025.
Applicant's election with traverse of Group I, claims 16-26 in the reply filed on 8 October 2025 is acknowledged. The traversal is on the ground(s) that Ulrich does not disclose or suggest an anti-ozone protective composition for a crosslinked rubber article and does not teach a combination of the solvents. This is not found persuasive because Ulrich teaches that chlorinated elastomers can be used with solvents including benzene and ketones [0007]. Additionally, the references provided in the rejections in the current rejection explicitly teach example containing both hydrocarbon solvents and aprotic polar solvents with chlorinated elastomers.
The requirement is still deemed proper and is therefore made FINAL.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 29 November 2022 was filed. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement has been considered by the Office.
The information disclosure statement (IDS) submitted on 5 March 2024 was filed. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement has been considered by the Office.
Claim Interpretation
Claim 16 does not use a traditional transitional phrase (MPEP § 2111.03) but instead uses “being based on”. In light of the specification (PGPub [0024]) this language is considered to mean comprising which is inclusive and open ended.
Claim 17 uses the term “predominant solvent”. Predominant has two meanings from the Merriam-Webster dictionary 1) having superior strength, influence, or authority; 2) being most frequent or common. In light of the specification (PGPub [0028]) the term “predominant solvent” is considered to be the solvent having the larger weight amount.
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.
Claims 16 and 18-26 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Okamura et al. (US Patent #5,368,928, hereinafter referred to as “Okamura”).
As to Claim 16: Okamura teaches making a solution by combining alkylated chlorosulfonated polyethylene (i.e., a chlorinated elastomer), methyl ethyl ketone (i.e., a polar aprotic solvent), and cyclohexane (i.e., a hydrocarbon solvent) (Col. 6, Lines 34-39).
As to Claim 18: Okamura teaches the composition of claim 16 (supra). Okamura further teaches that the solvents are combined in equal amounts and as the only two solvents for a ratio of 50:50 (Col. 6, Lines 34-39).
As to Claim 19: Okamura teaches the composition of claim 16 (supra). Okamura further teaches that the hydrocarbon solvent is cyclohexane which is a C6 aliphatic hydrocarbon solvent (Col. 6, Lines 34-39).
As to Claim 20: Okamura teaches the composition of claim 16 (supra). Okamura further teaches that the polar aprotic solvent is a ketone (Col. 6, Lines 34-39).
As to Claim 21: Okamura teaches the composition of claim 16 (supra). Okamura further teaches that the polar aprotic solvent is methyl ethyl ketone, also known as butanone (Col. 6, Lines 34-39).
As to Claim 22: Okamura teaches the composition of claim 16 (supra). Okamura further teaches that the content of the chlorinated elastomer relative to the total composition is 10% (Col. 6, Lines 34-39).
As to Claim 23: Okamura teaches the composition of claim 16 (supra). Okamura further teaches that the chlorinated elastomer is chlorosulfonated polyethylene (Col. 6, Lines 34-39).
As to Claim 24: Okamura teaches the composition of claim 16 (supra). Okamura further teaches that the chlorine content of the chlorosulfonated polyethylene is 20-40% by weight of the elastomer (Col. 4, Lines 46-50).
As to Claim 25: Okamura teaches the composition of claim 16 (supra). Okamura further teaches that the chlorosulfonated polyethylene has a Mooney viscosity of 30-60 (Col. 4, Lines 50-53).
As to Claim 26: Okamura teaches the composition of claim 16 (supra). Okamura further teaches that the chlorinated elastomer is chlorosulfonated polyethylene which has a sulfur content in a preferable amount of 0.8 to 1.2% by weight (Col. 4, Lines 48-51).
Claims 16, 17, and 19-24 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Clarence D. Moore (US Patent #3,179,617, hereinafter referred to as “Moore”).
As to Claim 16: Moore teaches a composition comprising polychloroprene (i.e., a chlorinated elastomer), acetone (i.e., a polar aprotic solvent), and xylene and heptane (i.e., hydrocarbon solvents) (Col. 5, Lines 5-25).
As to Claim 17: Moore teaches the composition of claim 16 (supra). Moore further teaches that the xylene and the heptane are the predominant solvents (Col. 5, Lines 5-25).
As to Claim 19: Moore teaches the composition of claim 16 (supra). Moore further teaches that the hydrocarbon solvents can be heptane which is a C7 aliphatic solvent (Col. 5, Lines 5-25).
As to Claims 20 and 21: Moore teaches the composition of claim 16 (supra). Moore further teaches that the polar aprotic solvent is acetone (i.e., a ketone) (Col. 5, Lines 5-25).
As to Claim 22: Moore teaches the composition of claim 16 (supra). Moore further teaches that the polychloroprene is 15.5% of the composition (Col. 5, Lines 5-25).
As to Claim 23: Moore teaches the composition of claim 16 (supra), Moore further teaches that the chlorinated elastomer is polychloroprene (Col. 5, Lines 5-25).
As to Claim 24: Moore teaches the composition of claim 16 (supra). Moore further teaches that the chlorinated elastomer is polychloroprene which has a chlorine content of about 35% by weight (Col. 5, Lines 5-25).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Hansen et al. (US 2020/0040232, hereinafter referred to as “Hansen”). Hansen teaches an adhesive composition including polychloroprene rubber, acetone, and cyclohexane [0040].
Correspondence
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANDREW J OYER whose telephone number is (571)270-0347. The examiner can normally be reached 9AM-6PM EST M-F.
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/Andrew J. Oyer/Primary Examiner, Art Unit 1767
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