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 § 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.
Claim 2 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. The claim recites, “wherein the vulcanization accelerator (E) is one or more types selected from a thiazole-based vulcanization accelerator, a sulfenamide-based vulcanization accelerator, and a thiourea-based vulcanization accelerator,” the addition of the word “type” extends the scope of the claims so as to render them indefinite since it is unclear what “type” is intended to convey. The addition of the word “type” to the otherwise definite expression renders the definite expression indefinite by extending its scope. Ex parte Copenhaver, 109 USPQ 118 (Bd. App. 1955).
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 1-11 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by ALEXANDER et al. (U.S. Publication No. 2019/0291511, hereinafter ALEXANDER) as evidenced by LESCO Chemical Limited (Data sheet) and GUO et al. (Publication entitled: A combined molecular dynamics simulation and experimental method of study the compatibility between elastomers and resins, hereinafter GUO).
Regarding claims 1, 2, and 9-11, ALEXANDER teaches a tire containing a sealant layer wherein the sealant layer has an upper surface and a lower surface [0005 and 0022-0023]. The sealant layer-tire liner (pneumatic tire [0002]) wherein the sealant layer comprises 100 parts of at least one rubber [0017 and 0031-0036], 90-500 phr of at least one tackifier [0037-0049], and cure package (Abstract; [0025-0049]). The cure package include vulcanizing agents such as sulfur in the amount of from 0.1 to 10 phr [0060-0061] and vulcanization accelerators such as thioureas, dithiocarbamates, xanthates, or thiophosphates in the amount of from 0.5 to 15 phr [0062]. The tackifier include hydrocarbon resins [0039-0040] and liquid rubber such as liquid polyisoprene (Mw of 15,000 to 100,000 g/mole [0042]), liquid polybutadiene (Mw of 5,000 to 70,000 [0044]), and liquid styrene-butadiene rubber (Mw of 5,000 to 70,000 g/mole [0043]) [0040-0044]. The sealant layer further include oils in the amount of 50-350 phr [0068]. Note: oil is a well-known plasticizing/processing liquid.
The tackifier (i.e., liquid rubber) and the oil can serve as a plasticizer.
The sealant layer can be used for passenger tire, truck or bus tire [0024 and 0093-0094].
Regarding claim 3, ALEXANDER teaches the sealant layer-tire wherein the sealant layer comprises 100 parts of at least rubber selected from the group consisting of natural rubber, polyisoprene, polybutadiene rubber, styrene-butadiene rubber, and etc. [0017 and 0031-0036].
Regarding claims 4-8, ALEXANDER teaches the sealant layer of the sealant layer-tire comprises tackifier [0037] which include hydrocarbon resins (e.g., natural resins, synthetic resins, and combinations thereof) [0039]. The tackifier comprises at least one resin selected from (2) aliphatic resins such as C5 and/or C9 fraction homopolymer or copolymer resins (e.g., cycloaliphatic, aromatic, hydrogenated aromatic, or terpene resins (partially or fully hydrogenated)) [0049].
Note: C5 and/or C9 homopolymer or copolymer resins are well-known to be derived from petroleum.
As evidenced by the Data sheet, C5 Aliphatic petroleum resins have a glass temperature of 40-60oC (Table 1). As evidenced by GUO, C5 and C9 petroleum resins has a molecular weights ranging from 300 to 3000 (Introduction), more specifically, C5/C9 copolymerized petroleum resin has a number average molecular weight (Mn) of 1479 and C9 petroleum resin has a number average molecular weight (Mn) of 1236 (Table 2).
Claims 1-11 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by AGARWAL et al. (U.S. Publication No. 2018/0345609, hereinafter AGARWAL).
Regarding claims 1-11, AGARWAL teaches a magnetic tire sealing material (self-sealing pneumatic tire [0033 and 0059]) wherein the sealing material can be present as a layer arranged in an interior portion of the tire [0035]. The sealing material includes one or more elastomer selected from natural rubber, polyisoprene, polybutadiene, styrene butadiene rubber, and etc. [0047] in an amount of 100 phr [0030]. The sealant materials can be obtained by mixing the rubbers and other components including tackifiers, resins, curing agents, rubber auxiliaries or the like in conventional mixers [0041]. In one embodiment, the tire sealing material can include a polymer of low molecular weight [0050] (Mn of about 500 to about 5,000) which is liquid at room temperature (25oC) [0050] such as polybutadiene [0051] and polybutene (number average molecular weights (Mn) from 1,290 to 2,300) [0052]. The amount low molecular weight polymer is from 55 to 90 phr [0053]. The position is taken that the polymer of low molecular weight functions as the claimed plasticizer.
The resins include petroleum hydrocarbon resin tackifiers such as aliphatic petroleum resin, aromatic petroleum resin (e.g., C5-C9 aromatic modified hydrocarbon resin), alicyclic petroleum resin, and the like, or natural tackifiers [0056]. The resins have a glass transition temperature Tg between 30oC and 60oC [0055]. The amount of resins can be present in the range of 0.5 and 10 phr [0056].
The curing agents include sulfur in the amount of 0.1 to 5 phr [0057] and vulcanization agents such as accelerators including Santocure NS (N-Tert-butyl-2-benzothiazolesulfenamide), mercaptobenzothiazole, and etc. [0057]. The accelerator is in the amount of from 0.02 to 2.5 phr [0057].
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DEVE V HALL whose telephone number is (571)270-7738. The examiner can normally be reached M-F, 9 am-5 pm, EST.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Joseph Del Sole can be reached at (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 published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
DEVE V. HALL
Primary Examiner
Art Unit 1763
/DEVE V HALL/Primary Examiner, Art Unit 1763