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
Applicant’s election of Group I, claims 1-9, 16, 18, and 19, in the reply filed on December 15, 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Claims 10-15, 17, and 20 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on December 15, 2025.
Applicant's election with traverse of Species II, the compound of Formula A where Ra is a C1-C20 alkyloxy, a C3-C20 cycloalkyloxy, or a C7-C20 alkylphenyloxy, in the reply filed on December 15, 2025 is acknowledged. The traversal is on the ground that the structures in the non-elected claims have the same backbone structures and it would not pose an undue burden for search and examination. This is not found persuasive because while the backbone may be the same, the substituents are quite different. A group containing an oxygen atom will react differently than a hydrocarbon group, even on the same structural backbone. Therefore, it would be an undue burden for search and examination and applicant’s argument is unpersuasive.
The requirement is still deemed proper and is therefore made FINAL.
Claims 2-4 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected species, there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on December 15, 2025.
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 1, 5, 6, 8, 9, 18 and 19 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Lober et al. (DE 1220124). The citations for Lober et al. are taken from an English language machine translation included herewith.
Regarding claim 1, Lober et al. teaches a structure of
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wherein R1 represents a lower alkyl group and R2 and R3 represent hydrogen or lower alkyl groups (¶3). Lower alkyl groups are understood to be those containing up to 5 carbon atoms (¶4). Table 1 in Lober et al. explicitly teaches compounds wherein R1 is methyl or ethyl and R2 and R3 are both hydrogens. This structure corresponds to claim 1 wherein R is a C3 chain hydrocarbon group (isopropyl), Ra is methoxy or ethoxy, and Rb is hydrogen.
Regarding claim 5, Lober et al. teaches the structure of claim 5 wherein R1 is methyl or ethyl, R2 is hydrogen, and R is a C3 chain hydrocarbon (isopropyl).
Regarding claim 6, Lober et al. teaches that R2 and R3 can be a lower alkyl group wherein a lower alkyl group is up to 5 carbon atoms. For R to be 1-methylpropyl, one of R2 or R3 in the structure of Lober et al. needs to be a methyl instead of a hydrogen. This structure can be at once envisaged from the disclosure of Lober et al. R can additionally be 1,3-dimethylbutyl when one of R2 or R3 is a C3 isopropyl group. Again, this structure can be at once envisaged from the disclosure.
Regarding claim 8, Lober et al. also teaches the structure of Formula III wherein R1 is an alkyl group, R2 is hydrogen and R is isopropyl.
Regarding claim 9, Lober et al. teaches the following structure:
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.
Regarding claims 18 and 19, Lober et al. teaches producing rubber mixtures for car tire treads (Example 3).
Claims 1, 5-9, and 18 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by FR 844402 (“the ‘402 reference”).
Regarding claim 1, the ‘402 reference teaches
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wherein Ra is a methoxy group, Rb is hydrogen, and R is a C6 alicyclic hydrocarbon.
Regarding claims 5-8, the ‘402 reference teaches the structures of claims 5-7 wherein R1 is methyl, R2 is hydrogen, and R is a cyclohexyl group. Formula III of claim 8 is taught with the same variable definitions.
Regarding claim 9, the ‘402 reference teaches the following structure:
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.
Regarding claim 18, the ‘402 reference teaches using this compound in a rubber composition (Page 2, Col. 1, lines 15-23).
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This section of text is translated as (using Google translate): “The following examples illustrate the use of the new products in combination with natural and synthetic rubber, compared to similar known anti-aging agents; the parts mentioned in the examples refer to weights.”
Claim 16 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by The Merck Index. A printout of the information is included herewith.
Regarding claim 16, the Merck Index teaches N-(p-methoxyphenyl)-p-phenylenediamine which has the structure
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wherein Ra is methoxy and Rb is hydrogen.
Correspondence
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANGELA C SCOTT whose telephone number is (571)270-3303. The examiner can normally be reached Monday-Friday, 8:30-5:00, EST.
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/ANGELA C SCOTT/Primary Examiner, Art Unit 1767