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 § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim(s) 1, 4-8, 10, and 13-16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Giannini (WO 2017/163219, newly cited).
Gianni is directed to a sealing composition positioned on an inner side of a tire innerliner and comprising at least one diene elastomer (claimed solid rubber), 20-200 phr of at least one tackifying resin (e.g. hydrocarbon resin), 10-200 phr of a plasticizer (oil or liquid), and 1-40 phr of a reinforcing filler (e.g. carbon black or silica) (Page 3 and Pages 8-14). While Gianni fails to expressly teach a sealing composition that satisfies the claimed invention, there is a substantial overlap in loadings between the claimed invention and that taught by Gianni- one of ordinary skill in the art would have found it obvious to form a single sealing composition with the claimed combination of materials and loadings absent a conclusive showing of unexpected results.
With respect to claim 4, Giannini discloses a plurality of the claimed diene materials (Page 10, 1st Paragraph).
As to claim 5, the sealant composition of Giannini includes 10-200 phr of a plasticizer, such as an extender oil or liquid polymer (page 12, 3rd Paragraph).
Regarding claim 6, the sealant composition of Giannini includes 1-40 phr of a reinforcing filler (Page 12, last Paragraph).
With respect to claims 7 and 8, the sealant composition of Giannini includes a tackifying resin, such as a terpene-based resin (Page 11, 5th Paragraph). Additionally, a multitude of hydrocarbon resins disclosed by Gianni are consistent with the hydrocarbon resins taught by Applicant and as such, it reasons that the softening point of the hydrocarbon resins in Gianni would satisfy the claimed invention.
As to claims 10 and 12-16, the sealant composition of Giannini optionally includes a crosslinking agent and such encompasses compositions that are devoid of crosslinking agents (Page 8, last Paragraph). With specific respect to claim 16, a sealant composition devoid of crosslinking agents would correspond with a non-crosslinked and non-vulcanized composition.
4. Claim(s) 2, 3, and 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Giannini as applied in claim 1 above and further in view of Konno (US 2023/0192995, newly cited).
As detailed above, Giannini is directed to a tire sealant composition including silica. While Giannini is silent with respect to the inclusion of a silane coupling agent, it is extremely well known and conventional to include such agents in any number of tire compositions including silica in order to promote filler (silica dispersion), as shown for example by Konno (Paragraph 36). One of ordinary skill in the art would have found it obvious to include a conventional coupling agent in the silica-containing sealant composition of Giannini for the benefits detailed above.
5. Claim(s) 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Giannini as applied in claim 1 above and further in view of Son (US 2014/0323645, newly cited).
As detailed above, Giannini is directed to a tire sealant composition including silica. While Giannini is silent with respect to the claimed surface area, the broad range of the claimed invention is consistent with that which is associated with commonly used silica fillers in similar tire sealant compositions, as shown for example by Son (Paragraph 28). One of ordinary skill in the art would have found it obvious to use common silica fillers, such as those having the claimed surface area, as the silica filler disclosed by Giannini absent a conclusive showing of unexpected results (recognized as providing the desired reinforcement in tire sealant compositions).
Response to Arguments
6. Applicant’s arguments with respect to claim(s) 1-10 and 12-16 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
7. Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
8. Any inquiry concerning this communication or earlier communications from the examiner should be directed to JUSTIN R FISCHER whose telephone number is (571)272-1215. The examiner can normally be reached M-F 5:30-2:00.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Katelyn Smith can be reached at 571-270-5545. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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Justin Fischer
/JUSTIN R FISCHER/Primary Examiner, Art Unit 1749 March 25, 2026
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