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 without traverse of claims 1-9 and 15-16 in the reply filed on 07/28/26 is acknowledged.
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 2-4, 6-7, 9 and 15-16 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.
All said claims are deemed to be indefinite due to the use of the indefinite modifying article “a” or the article “an” instead of the definite word --the--.
As way of illustration, claim 2 uses the phrases “a content of the first carbon black”, “a content of the second carbon black” and “a content of the entire carbon black”. Said phrases seem to imply that which follows is set forth by way of one possible content range among many other non-specified possible content ranges. If in the future, Applicant wants to positively claim the specific listed content ranges, applicant will need to replace the article “a” with the word --and--.
Likewise, in dependent claim 3 the phrases “a DBD oil absorption amount” seems to imply that which follows is set forth by way of one possible DBD oil absorption range among many other non-specified DBD oil absorption ranges. If in the future, Applicant wants to positively claim the specifically listed DBD oil absorption ranges, Applicant will need to replace the article “a” with the word --and--.
Likewise, in dependent claim 4 the phrase “wherein an ash content of each of the two or more kinds of carbon black” seems to imply that which follows is set forth by way of one possible ash content of each of the two or more kinds of carbon black among many other non-specified ash content of each of the two or more kinds of carbon black. If in the future, Applicant wants to positively claim the specifically listed ash content of each of the two or more kinds of carbon black, Applicant will need to replace the article “an” with the word --and--.
Likewise in dependent claim 6, the phrase “wherein a volume average particle size”, in dependent claim 7 the phrase “wherein a content of the graphite” and dependent claim 9 the phrase “wherein a specific volume resistivity”, are all indefinite for the same reason of using the modifying article “a” instead of the definite word –the--.
In dependent claim 15 the phrase “an electromagnetic wave . . .” and in dependent claim 16 the phrase “a thermal conductivity . . .”, are both indefinite for the same reasons as set forth above. This indefiniteness can be overcome by replace the articles “a” and “an” by the word –the--.
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) 1-9 and 15-16 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Galletti U.S. Patent Application Publication No.: 2011/0017509 A1.
Galletti’s claim 82 reads as followed: “The semiconductive polymeric composition according to claim 81, wherein the semiconductive polymeric composition comprises 25 to 250 phr of the filler mixture; or wherein the filler mixture comprises: (i) 10 to 80% by weight of the at least one first carbon black; (ii) 20 to 90% by weight of the at least one second carbon black, the percentages by weight being expressed with respect to the total weight of the filler mixture; or wherein the semiconductive polymeric composition comprises 0.5 to 70 phr of the at least one graphite having a specific surface area not higher than 20 m2/g; or wherein the at least one elastomeric polymer is selected from: (i) diene elastomeric polymers having a glass transition temperature below 20oC.; (ii) chlorinated or chlorosulphonated polyethylene; (iii) elastomeric copolymers of at least one mono-olefin with at least one olefinic comonomer or a derivative thereof; (iv) polyester rubbers; and (v) polyurethane rubbers; or wherein the first carbon black (i) has a dibutyl phthalate absorption number of 300 to 500 ml/100 g; or wherein the first carbon black (i) has a BET specific surface area greater than 500 m2/g; or wherein the second carbon black has a dibutyl phthalate absorption number of 100 to 200 ml/100 g; or wherein the second carbon black (ii) has a BET specific surface area of 20 to 400 m2/g; or wherein the at least one graphite has a BET specific surface area not higher than 15 m2/g; or wherein the at least one graphite has a particle size distribution with a d50 value of at least 3 um or wherein the at least one graphite has a particle size distribution with a d90 value of at least 10 um; or wherein the at least one elastomeric polymer is crosslinked by thermal decomposition of at least one radical initiator; or wherein the at least one elastomeric polymer is crosslinked by a sulphur-based vulcanizing system.”.
Applicant’s claims are deemed to be directly anticipated over Examples 2-5, 7-10, 12-14 and 16-18. As way of illustration only, Example 3 teaches a chlorinated polyethylene thermoplastic composition which comprises in part: 100 parts Tyrin CM 3551 E chlorinated polyethylene resin, 32 parts (37.2%) of Kejenblack EC-300J (a first carbon black) having a BET surface area of 795 m2/g, 24.0 parts (42.9%) of N 550 (a second carbon black) having a BET surface area of 40 m2/g, Timrex KS-25 graphite having a particle size of 11 microns, etc..
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOSEPH DAVID ANTHONY whose telephone number is (571)272-1117. The examiner can normally be reached M-F: 10:00AM-6:30PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Arrie (Lanee) Reuther can be reached at 571-270-7026. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JOSEPH D ANTHONY/Primary Examiner, Art Unit 1764
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