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
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 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 1-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Unterberg (EP 2604651 A1, hereinafter referring to the attached ESPACENET translation).
Regarding claims 1-20, Unterberg teaches a novel rubber formulation ([0001]), comprising a rubber ([0024]) and an antioxidant such as N,N’-bis-1,4,-(1,4-dimethylpentyl)-p-phenylenediamine (77PD) ([0063]). 77PD reads on the claimed “amine-based antioxidant” because it has an identical structure to the claimed “general formula (1)” wherein “R1” – “R2” are both 1,4-dimethylpentyl groups. These 1,4-dimethylpentyl groups are saturated hydrocarbon groups having 7 carbons, and they therefore also read on the substituents stipulated upon within claims 4, 8, 11, and 17. Unterberg teaches that said antioxidant is included in amounts ranging from 0.1 to 5 phr ([0063]), which falls within and therefore anticipates the claimed range of “0.1 to 11 parts by mass.”
Unterberg further teaches the incorporation of anti-aging agents such as polymerized 2,2,4-trimethyl-1,2-dihydroquinoline (TMQ) ([0062]), in amounts ranging from 0.1 to 5 phr, which encompasses and therefore anticipates the claimed range of “1.75 to 2.5 parts by mass.” This anti-aging argent likewise reads on the specifically claimed antioxidant within claims 3 and 7.
Unterberg teaches that the rubber within the formulation is preferably a styrene/butadiene rubber or a polyisoprene rubber ([0035]), which reads on list of rubbers within claim 2.
Unterberg further teaches the incorporation of waxes in amounts ranging from 1 to 50 phr ([0066]), which overlaps and therefore anticipates the claimed range within claims 5, 9, 12, 14, 18, and 20.
Unterberg teaches the formation of a tire from the inventive composition ([0094]), and therefore meets the limitations of claims 6, 10, 13, 15, 16, and 19.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOSHUA CALEB BLEDSOE whose telephone number is (703)756-5376. The examiner can normally be reached Monday-Friday 8:00 a.m. - 5:00 p.m. EST.
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/JOSHUA CALEB BLEDSOE/Examiner, Art Unit 1762
/ROBERT S JONES JR/Supervisory Patent Examiner, Art Unit 1762
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