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 .
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-12 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by WO 2023/095808 based on a foreign filing date of November 24, 2021. For convenience, the machine translation will be cited below.
WO ‘808 exemplifies a rubber composition C which is used in Example 1 comprising the following:
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Anti-aging agent 2 is N,N’-bis(1,4-dimethylpentyl)-p-phenylenediamine. WO ‘808 discloses the vulcanization accelerator is preferably N-cyclohexyl-2-benzothiazolylsulfenamide. WO ‘808 exemplifies the inclusion of less than 2 phr of other chemicals, and specifically discloses that the anti-aging component can further comprise a quinoline-based anti-aging agent in addition to the amine-based anti-aging agent.
The broadest reasonable interpretation of the claimed composition is the inclusion of 0-70 wt% silica. No silica is present.
WO ‘808 teaches away from using anti-aging agent N-phenyl-N’-(1,3-dimethylbutyl)-p-phenylenediamine which is used in Composition A and Comparative Example 1.
WO ‘808 anticipates instant claims 1, 5 and 9.
Claims 2, 6 and 10 are rejected as the instant invention does not require the presence of silica, and claims 2, 6 and 10 only limit the silica when it is present.
As to claims 3-4, 7-8 and 11-12, WO ‘808 discloses the rubber composition as suitable for use in a rubber-metal composite, which can be used as a reinforcing agent in automobile tires, particularly wire chafers, which are known in the art as a protective layer located in the sidewall/bead area of a tire to protect against rim chafing.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRIEANN R JOHNSTON whose telephone number is (571)270-7344. The examiner can normally be reached Monday-Friday, 8:00 AM - 4:00 PM EST.
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/Brieann R Johnston/Primary Examiner, Art Unit 1766