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 Claims 13-17 in the reply filed on 3/27/2026 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Claims 18-23 withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim.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 3/27/2026.
Claim Rejections - 35 USC § 103
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.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 13-17 are rejected under 35 U.S.C. 103 as being unpatentable over Yang (US20150252167, herein Yang), as evidenced by the Scifinder_Substance Evidence of CAS Registry Number: 122-37-2 for 4-hydroxydipheylamine (4-HDPA).
Regarding Claim 13, Yang teaches rubber composition [0013] where the methylene acceptor is mixed into the rubber composition [0017] the rubber composition and the methylene acceptor are collectively read on rubber mixture, wherein, the methylene acceptor [0027] with following formula [0027], including hydroxyl moiety (left side); -NH-R’’ moiety (right side), wherein, the R″ may be alkyl moiety [0028], which Yang further explicitly teaches the selection of the alkyl moiety [0009].
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Yang taches the specific the R″ is the alkyl moiety dimethyl butyl [0028] as an example of alkyl moiety dimethyl butyl in N-(1,3 dimethylbutyl)-N′-dihydroxyphenyl-p-phenylenediamine (wherein R′ is 1,3 dimethylbutyl) [0035], structure see below, which indicates the position of -NH-R’’ moiety of the methylene acceptor on its phenyl ring.
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382
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Yang further teaches the useful methylene acceptors include 4-hydroxydipheylamine (4-HDPA) [0035], and W4 4-HDPA [P7; Table 1], as evidenced by CAS Registry Number: 122-37-2, structure see blow: [Scifinder], which indicates the position of hydroxyl group of the methylene acceptor on its phenyl ring.
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Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to utilize the methylene acceptor [0027] with the specific hydroxyl moiety; -NH-R’’ moiety, and wherein R′’(noted as R’ in formula below [0009]) is selected from alkyl moiety [0009], see below, hence, the structure as taught by Yang, collectively meet the claimed formula I) from instant application, and further apply the specific methylene acceptor into rubber mixture. The motivation to do so would be the specific methylene acceptors added to the rubber compositions can provide anti-degradant properties [0043] as taught by Yang.
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Regarding Claims 14-15, Yang teaches the rubber mixture as set forth in claim 13 above, Yang teaches the rubber compositions include diene rubber [0045] including: diene elastomers, polyisoprenes include synthetic cis-1,4 polyisoprene [0048].
Regarding Claims 16-17, Yang teaches the rubber mixture is capable of being used as sidewall components, treads in the tire field [0022], wherein, the treads and sidewall are known as the exterior component of the tire.
Correspondence
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Zhen Liu whose telephone number is (703)756-4782. The examiner can normally be reached Monday-Friday 9:00 am - 5:00 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner' s supervisor, Mark Eashoo can be reached on (571)272-1197. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Z.L./
Examiner, Art Unit 1767
/MARK EASHOO/Supervisory Patent Examiner, Art Unit 1767
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