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 .
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)(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 – 13 are rejected under 35 U.S.C. § 102(a)(2) as being anticipated by Inoue (US 2022/0064414 A1).
Regarding claim 1, Inoue teaches a rubber composition comprising a polymer (A) which satisfies an equation (i) ranging from 0.70 – 0.99 when p, q, r & s are defined as constituent components in said polymer. The rubber composition also comprises a resin (B). Said constituent components (i.e., structural components) are labeled (1) – (4), respectively, and are shown below along with equation (i): (Abstract)
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As shown, the equation (i) encompasses the claimed range of 0.75 – 0.97, and components (1) – (4) are identical to components (1) – (4) of the instant application. The thermoplastic resin (B) is preferably a styrene-based resin which may comprise styrene-based monomer units in amounts of 20 wt.% (p. 7, [0059], [0060]). As Inoue’s rubber composition abides by the limitations established by the independent base claim 1, polymer (A) will inherently have a glass transition temperature of -40°C or less.
Regarding claim 2, Inoue discloses the polymer (A) is contained in amounts of 60 wt.% - 95 wt.% (p. 1, [0011]).
Regarding claim 3, Inoue discloses the conjugated diene-based polymer has a weight average molecular weight (Mw) of 1.0x105 – 2.0x106 (p. 3, [0033]).
Regarding claim 4, Inoue discloses the aromatic vinyl compound may be present in amounts of 10 wt.% - 50 wt.% (p. 2, [0023]).
Regarding claim 5, Inoue teaches the conjugated diene-based polymer may be modified to further comprise a functional group to incorporate reactivity with silica (p. 3, [0036]). These groups include amino group, a nitrogen-containing heterocyclic group, a phosphino group, a hydroxyl group, a thiol group and a hydrocarbyloxysilyl group (p. 3 & 4, [0037]).
Regarding claim 6, Inoue teaches the conjugated diene-based polymer may be modified to comprise a compound represented by the following formulas (9) & (10), respectively: (p. 3 & 4, [0037]).
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Wherein:
--- A1 is a monovalent functional group comprising at least one atom from the group consisting of nitrogen, phosphorus, oxygen, sulfur and silicon,
--- R3 & R4 are hydrocarbyl groups,
--- R5 is a hydrocarbylene group,
--- r is an integer of 0 – 2 (p. 4, [0037])
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Wherein:
--- A2 is a monovalent functional group comprising at least one atom from the group consisting of nitrogen, phosphorus, oxygen, sulfur and silicon,
--- R6 & R7 are hydrocarbyl groups,
--- R8 is a hydrocarbylene group,
--- R9 is a single bond or a hydrocarbylene group,
--- m is 0 or 1 (p. 4, [0037]).
The teachings & disclosures of formulas (9) & (10) are substantially identical, if not identical, to the claimed formulas (5) & (6), respectively, reading on all limitations established by the instant claim 6.
Regarding claim 7, Inoue teaches the amount of resin (B) to present in preferable amounts of 50 parts or less (p. 8, [0070]).
Regarding claim 8, Inoue teaches the resin (B) may be an alkylphenol-based resin (p. 14, Claim 4). Such a resin will comprise a hydroxyl function group.
Regarding claim 10, Inoue teaches the rubber composition may further comprise fillers, preferably carbon black or silica or a combination of carbon black & silica (p. 10, [0085]).
Regarding claim 9, During the synthesis of the conjugated diene-based rubber, Inoue teaches the use of sodium hydroxide (p. 11, [0104]).
Regarding claim 11, Inoue teaches the rubber composition may be crosslinked via a crosslinking agent (p. 9, [0072]).
Regarding claims 12 & 13, Inoue teaches the inventive rubber composition may be a crosslinked body and/or be employed in tires (p. 1, [0002]).
The reference specifically discloses each of the instantly claimed components within their recited proportions.
In view of the foregoing, the above claims have failed to patentably distinguish over the applied art.
The remaining references listed on forms 892 and 1449 have been reviewed by the examiner and are considered to be cumulative to or less material than the prior art references relied upon in the rejection above.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHRISTIAAN ROELOFSE whose telephone number is (571)272-2825. The examiner can normally be reached Monday-Friday 8:00-4:00 EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Robert Jones can be reached at (571)270-7733. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/CHRISTIAAN ROELOFSE/Examiner, Art Unit 1762
/MARK KOPEC/Primary Examiner, Art Unit 1762