Prosecution Insights
Last updated: April 19, 2026
Application No. 18/458,541

METHOD FOR MANUFACTURING THERMOPLASTIC VULCANIZATES

Non-Final OA §103
Filed
Aug 30, 2023
Examiner
AHMED, SHEEBA
Art Unit
1787
Tech Center
1700 — Chemical & Materials Engineering
Assignee
Nantex Industry Co. Ltd.
OA Round
1 (Non-Final)
80%
Grant Probability
Favorable
1-2
OA Rounds
3y 1m
To Grant
95%
With Interview

Examiner Intelligence

Grants 80% — above average
80%
Career Allow Rate
890 granted / 1105 resolved
+15.5% vs TC avg
Moderate +14% lift
Without
With
+14.2%
Interview Lift
resolved cases with interview
Typical timeline
3y 1m
Avg Prosecution
37 currently pending
Career history
1142
Total Applications
across all art units

Statute-Specific Performance

§101
0.4%
-39.6% vs TC avg
§103
34.5%
-5.5% vs TC avg
§102
33.7%
-6.3% vs TC avg
§112
20.3%
-19.7% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1105 resolved cases

Office Action

§103
DETAILED ACTION Notice of Pre-AIA or AIA Status 1. 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 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 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. 2. Claim 1 is rejected under 35 U.S.C. 103 as being unpatentable over Abraham et al. (US 2022/0195170 A1) in view of (US 2022/0195189 A1). Abraham et al. disclose thermoplastic vulcanizates comprising a plastic phase and a rubber phase and process for preparing such thermoplastic vulcanizates, wherein the plastic phase comprises a thermoplastic polyme r. The disclosure provides thermoplastic vulcanizates prepared by dynamically crosslinking a melt blend with an addition type curing agent (equivalent to the crosslinker of the claimed invention) , wherein the melt blend comprises: (a) a plastic phase (equivalent to the thermoplastic pellets of the claimed invention) comprising from about 40 parts to about 95 parts, based on 100 parts of total rubber and plastic, (b) a rubber phase (equivalent to the rubber granules of the claimed invention) comprising from about 60 parts to about 5 parts, based on 100 parts of total rubber and plastic, and ( c ) a plasticizer for one or both of the plastic or the rubber; and wherein the amount of the addition type curing agent is from about 1 part to about 15 parts, based on 100 parts of total rubber and plastic. The thermoplastic elastomers are typically pre-vulcanized compositions and can be used as intermediates in the preparation of the disclosed fully vulcanized TPV products. These elastomers are pre-crosslinked compositions and are substantially free of cross-linked rubber material. The final thermoplastic vulcanizates of this disclosure can be made directly from the thermoplastic elastomers by mixing the elastomer composition with an addition-type curing agent and subjecting the resulting mixture to dynamic vulcanization . D ynamic vulcanization of the blend of the rubber phase and the thermoplastic polymer is carried out in the presence of a vulcanizing system (equivalent to the vulcanizing agent of the claimed invention) . In certain aspects, the thermoplastic vulcanizates disclosed herein can further comprise a cure accelerator (equivalent to the accelerator of the claimed invention) . In addition to the thermoplastic polymer, plasticizer, and the curing agent, the thermoplastic vulcanizates disclosed herein can include various conventional additives such as reinforcing and non-reinforcing fillers (equivalent to the filler of the claimed invention) , antioxidants, antiozonants, anti-blocking agents, anti-static agents, waxes, foaming agents, pigments, flame retardants and other processing aids known in the rubber and plastics compounding art. Such additives can comprise up to about 40 weight percent of the total composition, and can be in the plastic phase, the rubber phase or both. Fillers and extenders which can be utilized include conventional inorganics such as calcium carbonate, clays, silica, talc, titanium dioxide, carbon black, and the like. The disclosed invention is best practiced using equipment (such as an extruder) that can blend polymeric materials at a shear rate that permits intimate material melt blending, but at a shear rate that is low enough to prevent excessive material thermal and thermo-oxidative degradation, and also mechano-chemical degradation, due to shearing forces. In certain embodiments of the processes disclosed herein, the process comprises: [0157] prior to melt blending with the rubber, melt blending the plastic phase with a predetermined amount of rubber curative to form a semi-cured plastic phase; mixing the semi-cured plastic phase with the rubber phase to form a blend of plastic phase and rubber phase, and adding additional curing agent to the blend of rubber phase and plastic phase with continued melt mixing. Melt blending the plastic phase with a predetermined amount of rubber curative acts to functionalize the plastic acid end groups and to minimize plastic chain extension and residual rubber curing agent in the plastic phase. In certain embodiments of the processes , the composition further comprises a cure accelerator . The Examples show p lastic pellets and granulated rubber can be used. When used, plasticizer may be added to the polymer melt blend prior to dynamic vulcanization for temperature control, provided that curative dilution due to plasticizer addition does not preclude completion of cure in the dynamic vulcanization zone. Alternatively, a part or all of the plasticizer can be added downstream after completion of dynamic vulcanization. The curing agent can be used as a powder . (See Abstract and paragraphs 0022-0041, 0054, 0088-0090, 0105-0108, 0140-0206). Abraham et al. do not teach the use of a processing oil. However, in US 2022/0195189 A1, Abraham et al. d isclose thermoplastic vulcanizates comprising a plastic phase and a rubber phase and process for preparing such thermoplastic vulcanizates, wherein the plastic phase comprises a thermoplastic polymer and teach that such compositions are resistant to hydrocarbon oils and have excellent surface appearance. In addition to the thermoplastic polymer, the rubber, the processing aid, and the curing agent, the thermoplastic vulcanizates can include various conventional additives such as reinforcing and non-reinforcing fillers, extenders, antioxidants, antiozonants, stabilizers, rubber processing oil, extender oils, lubricants, plasticizers, anti-blocking agents, anti-static agents, waxes, foaming agents, pigments, flame retardants and other processing aids known in the rubber compounding art. Such additives can comprise up to about 60 weight percent of the total composition, and can be in the plastic phase, the rubber phase or both. Fillers and extenders which can be utilized include conventional inorganics such as calcium carbonate, clays, silica, talc, titanium dioxide, carbon black, and the like. The rubber processing oils generally are paraffinic, naphthenic or aromatic oils derived from petroleum fractions. The type will be that ordinarily used in conjunction with the specific rubber or rubbers present in the compositions, and the quantity based on the total rubber content may range from zero to about 100 phr and preferably from about 10 to about 40 phr. (see Abstract and paragraphs 0002 and 0148). Accordingly, it would have been obvious to one having ordinary skill in the art to add a processing oil to the comp osition taught by Abraham et al. in US 2022/0195170 A1 given that Abraham et al. in US 2022/0195189 A1 teaches that rubber processing oils can be used i n addition to the thermoplastic polymer, the rubber, and the curing agent, and that such compositions are resistant to hydrocarbon oils and have excellent surface appearance. Allowable Subject Matter 3. Claims 2-10 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims. Conclusion 4. Any inquiry concerning this communication or earlier communications from the examiner should be directed to FILLIN "Examiner name" \* MERGEFORMAT SHEEBA AHMED whose telephone number is FILLIN "Phone number" \* MERGEFORMAT (571)272-1504 . The examiner can normally be reached FILLIN "Work Schedule?" \* MERGEFORMAT Monday-Thursday 7am-6pm . 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, FILLIN "SPE Name?" \* MERGEFORMAT CALLIE SHOSHO can be reached at FILLIN "SPE Phone?" \* MERGEFORMAT 571-272-1123 . 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. /SHEEBA AHMED/ Primary Examiner, Art Unit 1787
Read full office action

Prosecution Timeline

Aug 30, 2023
Application Filed
Mar 05, 2026
Non-Final Rejection — §103 (current)

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

1-2
Expected OA Rounds
80%
Grant Probability
95%
With Interview (+14.2%)
3y 1m
Median Time to Grant
Low
PTA Risk
Based on 1105 resolved cases by this examiner. Grant probability derived from career allow rate.

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