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 .
Response to Amendment
The claim objection is withdrawn in light of applicant’s amendment filed on 9/18/2025.
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior office action.
No new grounds of rejection are set forth below. Thus, the following action is properly made final.
Claim Rejections - 35 USC § 103
Claims 1-13 are rejected under 35 U.S.C. 103 as being unpatentable over Kamada (WO 2018/164028, US 2020/0002184, English-language equivalent) in view of Aga (WO 2018110563, US 2020/003268 English-language equivalent).
The rejection is adequately set forth in paragraph 3 of Office action mailed on 9/18/2025.
Response to Arguments
Applicant's arguments filed 12/9/2025 have been fully considered but they are not persuasive. Specifically, applicant argues that the amount of chlorine taught by Aga in an iron-based friction modifier would not be expected to give a chloride dissolution value for a layered titanate of Kamada.
While the examiner agrees that the iron-based friction modifier of Aga does not have layers and therefore would not provide the same chloride dissolution value, it is the examiner’s position that the amount of chlorine in Aga’s iron-based friction modifier is equivalent to what is being measured by the chloride dissolution test for layered titanate. In other words, the amount of chlorine taught by Aga of 150 ppm or less is directly relevant and applicable to the advantageous amount of chlorine in Kamada’s titanate. Therefore, one of ordinary skill in the art would control the amount of chlorine in the layered titanate friction modifier of Kamada.
Applicant also argues that the data of the specification shows an unexpected effect when using a titanate compound having 1-300 ppm chlorine content.
The data has been fully considered, however, it is insufficient to establish unexpected results because the data is expected as disclosed by Aga. Aga teaches that a chlorine content of 150 ppm or less reduces corrosion and increases braking property over time. The examples of the specification (including Comparative Example 1 with chlorine content of 0.1 ppm) show what is expected, i.e., that reducing the amount of chlorine in the friction modifier provides for less rust (i.e. corrosion).
Conclusion
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 VICKEY NERANGIS whose telephone number is (571)272-2701. The examiner can normally be reached 8:30 am - 5:00 pm EST, Monday - Friday.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Joseph Del Sole can be reached at (571)272-1130. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/VICKEY NERANGIS/Primary Examiner, Art Unit 1763
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