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 .
Claim Interpretation
Regarding claim 22, the phrase “high affinity” in the limitation “B represents a group with high affinity for the reinforcing filler” has the following interpretation based on the specification (page 8):
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Claim Objections
Claims 22-46 are objected to because of the following informalities (most of these corrections are to bring the claim language into standard Markush group language to clarify the scope of the claimed invention):
Regarding claim 22, please amend “divalent organic group (linker)” to read “divalent organic group linker” (A group section)
Regarding claim 22, please amend “from linear or branched” to read “from the group consisting of linear or branched” (R group section)
Regarding claim 22, please amend “; a saturated, unsaturated” to read “; and a saturated, unsaturated” (R group section)
Regarding claim 22, please amend “chosen from N, S, O” to read “chosen from the group consisting of N, S and O” (R group section)
Regarding claim 22, please amend “chosen from a silane substituted” with “chosen from a group consisting of a silane” (B group section)
Regarding claim 22, please amend “chosen from N,” to read “chosen from the group consisting of N,” (B group section)
Regarding claim 22, please amend “or an aromatic polycyclic” to read “and an aromatic polycyclic” (B group section)
Regarding claim 24, please amend “from cis-1,4-polyisoprene” to read “from the group consisting of cis-1,4-polyisoprene”
Regarding claim 24, please amend “chosen from optionally modified” to read “chosen from the group consisting of optionally modified”
Regarding claim 24, please amend “chosen from sulphur” to read “chosen from the group consisting of sulphur”
Regarding claim 25 and 26, please delete the comma in the phrase “from 0.1 to 10 phr, of the at least one vulcanizing agent”
Regarding claim 25 and 26, please delete the comma in the phrase “from 0.5 to 30 phr, of the at least on monotetrazole”
Regarding claim 30, please amend “is chosen from C1-C10” to read “is chosen from the group consisting of C1-C10”.
Regarding claim 30, please amend “arylene; heterocyclylene” to read “arylene; and heterocyclylene”
Regarding claim 30, please amend “chosen from B,” to read “chosen from the group consisting of B,”
Regarding claim 30, please amend “groups chosen from -NR3-CO-“ to read “groups chosen from the group consisting of -NR3-CO-“
Regarding claim 30, please amend “-COS-, -CS-S-“ to read “-COS-, and -CS-S-“
Regarding claim 31, please amend “chosen from C1-C6” to read “chosen from the group consisting of C1-C6”
Regarding claim 31, please amend “, mono or bicyclic” to read “, and mono or bicyclic”
Regarding claim 33, please amend “from halogen” to read “from the group consisting of halogen”
Regarding claim 33, please amend “from hydroxy” to read “from the group consisting of hydroxy”
Regarding claim 33, please amend “, hydrozonyl” to read “, and hydrozonyl”
Regarding claim 34-35, please amend “is a group of” to read “is chosen from the group consisting of”
Regarding claim 34-35, please amend “or is a” to read “and a”
Regarding claim 34-35, please amend “chosen from naphthalene” to read “chosen from the group consisting of naphthalene”
Regarding claim 34-35, please delete “thereof”
Regarding claim 37, please amend “chosen from C4-C6” to “chosen from the group consisting of C4-C6”
Regarding claim 37, please amend “chosen from -Si(OR1)3” to read “chosen from the group consisting of -Si(OR1)3”
Regarding claim 37, please amend “naphthyl or pyrenyl” to read “naphthyl and pyrenyl”
Regarding claim 45, please amend “chosen from a tread band” to read “chosen from the group consisting of a tread band”
Regarding claim 45, please delete “(flipper)” and “(chafer)”
The remaining claims are objected to from being dependent upon a previously objected claim.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 22-46 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.
Regarding claim 22 and 37, the coincidence of the phrase “B represents a group with high affinity” and “(HO)2B- group” can be confusing because the “B” is recited twice and can be interpreted as self-referential. The examiner suggests amending “(HO)2B- group” to read “a boronic acid group with the formula (HO)2B-“
The remaining claims are rejected for being dependent upon a previously rejected claim.
Closest Prior Art
The claims are drawn to an elastomeric composition for tire compounds comprising: a diene elastomeric polymer, a reinforcing filler and a monotetrazole compatibilizing agent with the following formula:
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The following is a discussion of the closest prior art:
Kushida (JP 2009-007511, please refer to machine translation for mapping) teaches a silica filled diene-based rubber composition that is used for the tread part of a pneumatic tire (Abstract). It also contains a tetrazole derivative with the following structure:
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(Abstract)
While it has the same tetrazole center moiety, it fails to teach the difunctionalization of the tetrazole moiety as presently claimed.
Hirata et al (JP 62-264239, please see machine translation for mapping) teaches a rubber composition comprising rubber and a carbon black (Abstract). It also incorporated a tetrazole derivative with the following structure:
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While it does contain the same tetrazole center moiety and is functionalized in the 2, 5 position as presently recited. A can be absent. Also, this portion
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can read on the R group as a C6 aryl. However, this portion
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does not read on the B portion as recited because it is not a silane group, a (HO)2B- group, a heterocyclyl group or an aromatic polycyclic hydrocarbon as necessitated by the claims.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DORIS L LEE whose telephone number is (571)270-3872. The examiner can normally be reached M-F 8 am - 5 pm.
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DORIS L. LEE
Primary Examiner
Art Unit 1764
/DORIS L LEE/Primary Examiner, Art Unit 1764