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 with traverse of Group I, claims 1-3 and 5 in the reply filed on 1/5/2026 is acknowledged. The traversal is on the ground(s) that the groups are not independent and distinct. This is not found persuasive because the groups are independent and distinct for the reasons set forth in the restriction requirement of 12/4/2025. The composition of Group I is deemed useful in a final product that is not the article of Group II.
The requirement is still deemed proper and is therefore made FINAL.
Claims 6-20 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected Group, there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on 1/5/2026.
Claim Status
The status identifiers of claim 6-15 and 20 must be changed to Withdrawn.
Claim Objections
Claim 3 is objected to because of the following informalities: “chlorusulfonate polyethylene” is a typographical error. Appropriate correction is required.
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 1-3 and 5 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. Claim 1 is indefinite for the following reasons:
The limitation “about” in claims 1 and 2 is indefinite. The metes and bounds are unclear. The instant specification provides three different ranges for the term [0053].
The limitation “substantially free” is indefinite. The metes and bounds are unclear. The instant specification provides five different ranges for the term [0059].
Claims 3 is 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. Natural rubber and natural polyisoprene are the same rubber component.
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.
Claim(s) 1-3 and 5 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Valente et al. (Journal of Cleaner Production 333 (2022) 130013).
Regarding claim 1: Valente et al. teach a concrete composition comprising, based on dry weight: 63 wt% cement, 19 wt% rubber particles (RG), and 18 wt% fine aggregate (6 wt% RP and 12 wt% Admixtures); water in an amount of 29 wt% based on the water-to-cement ratio; and the composition is free of coarse aggregates (Table 1; RP25-RG75-OPC). Since the admixtures are in powder form (page 4), they are considered a fine aggregate, in addition to the RP.
Valente et al. also teach another example that meets the claim. Valente et al. teach a concrete composition comprising, based on dry weight: 63 wt% cement, 13 wt% rubber particles (RG), and 12 wt% fine aggregate (RP); water in an amount of 31 wt% based on the water-to-cement ratio; and the composition is free of coarse aggregates (Table 1; RP50-R50-OPC). The amount of 13 wt% is about 15 wt%. "About" permits some tolerance. At least about 10% was held to be anticipated by a teaching of a content not to exceed about 8% In re Ayers, 154 F2d 182, 69 U.S.P.Q. 109 (C.C.P.A. 1946).
Regarding claim 2: Valente et al. teach that the RG rubber particles have a particle size of 1-3 mm (0.04 to 0.12 inches) (page 4).
Regarding claim 3: Valente et al. teach ground tire rubber, which is styrene-butadiene rubber (page 4).
Regarding claim 5: Valente et al. teach a plasticizer in their Admixtures (page 4; Table 1).
Relevant Prior Art
Recycled tire rubber is known as styrene-butadiene rubber as taught by Sawyer et al. (2019/0203425) [0006], de Garennes et al (2017/0175343) [0022], and Varga (2016/0333906) [0011].
Contact Information
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOHN USELDING whose telephone number is (571)270-5463. The examiner can normally be reached on M-F 8am to 6:30pm.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Joseph Del Sole can be reached on 571-272-1130. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/JOHN E USELDING/ Primary Examiner, Art Unit 1763