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 § 102/103
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.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 1 – 15 are rejected under 35 U.S.C. 102(a)(1) as anticipated by Tanaka et al. (WO 2019/045053A1) or, in the alternative, under 35 U.S.C. 103 as obvious over Tanaka et al. (WO 2019/045053 A1)
In regards to claims 1 – 4, Tanaka teaches modified conjugated diene polymer, a rubber composition and a tire, and a method of making the polymer and the tire obtained using the rubber composition, wherein the rubber is prepared by polymerizing a conjugated diene with aromatic vinyl monomer in the presence of an alkali metal compound and forming a conjugated diene polymer, adding an alkali metal compound to the polymer and reacting the product with a modifying agent (specification). The aromatic vinyl can be styrene, alkyl styrene etc., and the alkali metal is capable of reacting with the modifying agent such as carbon dioxide, carbon disulfide or a combination such as to form the group COOM where M is alkali metal (specification). The process and product appear to be similar to those of the applicant as discussed in the disclosure as originally filed [see 0024 – 0034 of the instant specification]. Thus, Tanaka appears to teach the claimed polymer which would have the structure of formula (1) of the claims.
In regards to claim 5, Tanaka teaches the molecular weight of the polymer is 100,000 to 1,000,000 (specification).
In regards to claim 6, Tanaka teaches the polymer which can be prepared from ingredients comprising amides and thus provides an amino group as claimed (specification)
In regards to claim 7, Tanaka teaches the method of producing the polymer comprising reacting the claimed ingredients such as including alkyl styrene which provides the limitation of formula 3) where R3 is an alkyl group and R1 and R2 are hydrogen.
In regards to claims 8, 9, Tanaka teaches the method wherein the reaction process takes place in a solution that comprises a solvent such as alcohol or water (specification).
In regards to claim 10, Tanaka teaches the method wherein the alkali metal compound can include hydrocarbyl lithium and lithium amide (i.e., lithium dialkyl amides) (specification).
In regards to claim 11, Tanaka teaches the method having the claimed limitations as previously stated.
In regards to claim 12, Tanaka teaches the polymer composition comprising the modified conjugated diene polymer and fillers such as carbon black and silica (specification).
In regards to claim 13, Tanaka teaches the composition wherein the polymer can be prepared from carbon disulfide which provides sulfur.
In regards to claim 14, Tanaka teaches the cross-linked product of the claim (specification).
In regards to claim 15, Tanaka taches the tire wherein the tread and sidewall comprise the claimed polymer (specification).
Conclusion
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/TAIWO OLADAPO/Primary Examiner, Art Unit 1771
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