Prosecution Insights
Last updated: April 19, 2026
Application No. 18/476,714

METHOD OF PRODUCING FUNCTIONALIZED POLYMERS, RUBBER COMPOSITION, AND PNEUMATIC TIRE

Non-Final OA §102§103
Filed
Sep 28, 2023
Examiner
NGUYEN, HA S
Art Unit
1766
Tech Center
1700 — Chemical & Materials Engineering
Assignee
G-3 Chickadee Purchaser LLC
OA Round
1 (Non-Final)
57%
Grant Probability
Moderate
1-2
OA Rounds
3y 4m
To Grant
36%
With Interview

Examiner Intelligence

Grants 57% of resolved cases
57%
Career Allow Rate
341 granted / 599 resolved
-8.1% vs TC avg
Minimal -21% lift
Without
With
+-21.3%
Interview Lift
resolved cases with interview
Typical timeline
3y 4m
Avg Prosecution
47 currently pending
Career history
646
Total Applications
across all art units

Statute-Specific Performance

§101
1.1%
-38.9% vs TC avg
§103
39.2%
-0.8% vs TC avg
§102
25.4%
-14.6% vs TC avg
§112
20.2%
-19.8% vs TC avg
Black line = Tech Center average estimate • Based on career data from 599 resolved cases

Office Action

§102 §103
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. (a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention. Claim(s) 1-5 , 8-10, 1 6 -19, is/are rejected under 35 U.S.C. 102 (a)(1) as being anticipated by US 2013/0085228 A1 to Tanaka et al. (hereinafter Tanaka). Regarding claims 1-5 , 8-10, 1 6 -19 , Tanaka teaches a method of first reacting a conjugated diene polymer with a first alkoxysilane compound to form a modified conjugated diene rubber which is then further reacted with a second alkoxysilane compound and a condensation catalyst (See abstract). Specifically, in Example 1, styrene and 1,3-butadiene are polymerized with n-butyl lithium (i.e. anionic polymerization), to form a polymer solution. (para 147, Example 1). The polymer is further modified by reacting with N,N-bis(triethylsilyl)aminopropyltrimethoxysilane for 15 minutes, (para 148), which meets the aminosilane functionalized polymer. The polymer solution is further reacted with 3-aminopropyltriethoxysilane followed by an addition of 2,6-di-tert-butyl-p-cresol (para 148), which meets the alkoxysilane and the quenching agent. The solvent of the polymer solution was then removed and dried off to obtained a modified conjugated diene rubber (para 148), which meets the removing volatile step, drying and recovering step and the obtained stable functionalized polymer cement of claims 2-5. The modified conjugated diene rubber also has a Mooney viscosity of 85 or 63. (See Examples 1 and 2 of Table 2, page 23), or range from 40-120 (para 107). The above can be further mixed with silica to form a rubber composition (para 149 and 151, See Table 3), and is further used in tires (para 131). Claim(s) 1-5 , 1 6 -19 , is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 2016/0264772 A1 to Nishioka et al. (hereinafter Nishioka ). Regarding claims 1-5 , 16- 19 , Nishioka teaches pneumatic tire formed from a rubber composition, the rubber composition containing a rubber component, silica, and a silane coupling agent, wherein the rubber component contains a conjugated diene polymer modified by a specific constituent unit (See abstract). The modified conjugated diene polymer is obtained by first reacting styrene and 1,3-butadiene are polymerized with n-butyl lithium (i.e. anionic polymerization), and bis(diethylamino)methylvinylsilane to form a polymer solution. (para 791-792 , Example 1) , which meets the aminosilane functionalized polymer . The polymer solution is then further mixed with 3-dietylaminopropyltriethoxysilane and methanol (para 793), which meets the alkoxysilane and the quenching agent. The polymer solution was then further reacted with an acrylate and then the s olvent was then removed and dried off to obtained a polymer (para 148), which meets the removing volatile step, drying and recovering step and the obtained stable functionalized polymer cement of claims 2-5. Claim(s) 1-6, 8-10, 16-20 , is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 2013/0331520 A1 to Rademacher et al. (hereinafter Rademacher). Regarding claims 1-6, 8-10, 16- 20 , Rademacher teaches a process for treating a polymer comprising preparing a polymer cement by reacting styrene, butadiene, and n-butyllithium to form a base polymer, which is further reacted and terminated with N-(1,3-dimethylbutyldiene)-3-(triethyoxysilyl)-1-propane amine (para 129), which meets the aminosilane functionalized polymer. The polymerization is terminated and stabilized by charging and mixing the reaction with a quenching agent (para 66-67, 104-105), such as octyltriethoxysilane (OTES) and butylated hydroxytoluene (para 192), which meets the alkoxysilane and the quenching agent. The polymer is then isolated and dried (para 129), which meets the removing volatile step, drying and recovering step and the obtained stable functionalized polymer cement of claims 2-5. Rademacher further teaches the polymer has a Mooney viscosity of 40.4 or 37.9 (See Sample 14 and 15, Table III, para 149-155). The above is used in rubber compositions with silica (para 120), and are used in tires. (para 126). Claim(s) 1-5, 7, 16-20 , is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 2020/0055881 A1 to Rossle et al. (hereinafter Rossle). Regarding claims 1-5, 7, 16-20 , Rossle teaches a multivinylamino silane used as a branching agent in the polymerization of conjugated dienes (para 10). Specifically, Rossle teaches polymerizing butadiene with the multivinylamino silane branching agent and butyllithium (para 266, Example U), which meets the aminosilane functionalized polyme r . After polymerization, a chain-end modifier N (N=triethoxysilyl-1-propyl thioctanoate) is added (para 273 and 266), and the reaction is terminated with methanol, (para 266), which meets the alkoxysilane and the quenching agent. The polymer is recovered by stripping and drying to remove volatiles (para 264), which meets the removing volatile step, drying and recovering step and the obtained stable functionalized polymer cement of claims 2-5. The above is used in rubber compositions with silica (para 108-110 ), and are used in tires. (para 121 ). Claim(s) 1- 6 , 8-10, 16-20 , is/are rejected under 35 U.S.C. 102(a)( 2 ) as being anticipated by WO 2024/148086 A1 to Kimura et al. (hereinafter Kimura ). Regarding claims 1- 6 , 8-10, 16-20 , Kimura teaches a branched polymer prepared by reacting a polyalkenyl compound with an alkyl lithium compound (para 3). Specifically, Kimura teaches polymerizing butadiene , styrene, and butyllithium ( para 127) and functionalizing the polymer with a reaction with bis(trimethylsilyl)aminopropylmethyldimethoxysilane (para 127), or 3-(21,3-dimethlybutylidene)aminopropyldiethoxysilane (Samples 12-16, para 130), which meets the aminosilane functionalized polyme r . After the functionalization reaction, the polymer may be stabilized (para 62-70) and the reaction quenched with a quenching agent (para 75), and wherein the polymer solution is desolventized by separating organic solvent from the resultant polymer by filtering, heating and drying to obtain a dried polymer. (para 76-81). Specifically, the stabilization is achieved by adding a solution of triethyoxyoctylsilane (OTES) and quenching agent of ethanol to the functionalized polymer (para 131), which meets the alkoxysilane and the quenching agent. The polymer i s recovered by being desolventized and dried (para 132- 133 ), which meets the removing volatile step, drying and recovering step and the obtained stable functionalized polymer cement of claims 2-5 , and as Mooney viscosity of 88.89, or 54.13 (Table III, Sample 13-16) . The above is used in rubber compositions with silica (para 93-108 ), and are used in tires. (para 1 15 ). 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. 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. Claim(s) 1-6, 8-20, is/are rejected under 35 U.S.C. 103 as being unpatentable over US 2020/0181310 A1 to Murray et al. (hereinafter Murray) and in further view of US 2013/0331520 A1 to Rademacher et al. (hereinafter Rademacher). Regarding claims 1- 6, 8-20 , Murray teaches a functionalized polymer obtained by first reacting butadiene, styrene and n-BuLi, and then adding bis(dimethylamino)chlorosilane, and quenching the reaction with methanol, (para 62-63), to form the functionalized polymer, which meets the aminosilane functionalized polymer and aminosilane of claims 1 and 11-12. Murray further teaches the above is used in rubber compositions with silica (para 31 and 42 ), and are used in pneumatic tires. (para 58 ). Murray does not explicitly teach the condensation suppressant step comprising reacting alkoxysilane with the functionalized polymer to form a stabilized functionalized polymer. However, Rademacher teaches a process for treating a polymer comprising preparing a polymer cement by reacting styrene, butadiene, and n-butyllithium to form a base polymer, which is further reacted and terminated with N-(1,3-dimethylbutyldiene)-3-(triethyoxysilyl)-1-propane amine (para 129), wherein the above is used in rubber compositions with silica (para 120), and are used in tires, (para 126) and is in the same field of use of functionalized polymers in tires of the Applicant’s invention. Rademacher further teaches polymers containing hydrolysable functionality, i.e. susceptible to condensation, can be treated with an alkoxysilane in order to stabilize the polymers from premature reactions in environments with water (para 11-12) . Specifically, the above functionalized polymer is stabilized and terminated after polymerization by charging and mixing the reaction with a quenching agent (para 66-67, 104-105), such as octyltriethoxysilane (OTES) and butylated hydroxytoluene (para 192), which meets the alkoxysilane and the quenching agent. The polymer is then isolated and dried (para 129), which meets the removing volatile step, drying and recovering step and the obtained stable functionalized polymer cement of claims 2-5. Rademacher further teaches that the stabilization step with OTES will give better Moony viscosity properties. (para 146-156). It would have been obvious to one ordinarily skilled in the art before the effective date of the claimed invention to use the stabilizing with OTES and quenching step of Rademacher for the functionalized polymer of Murray because Rademacher teaches the same field of use of functionalized polymers in tires of the Applicant’s invention, and Rademacher further teaches polymers containing hydrolysable functionality, i.e. susceptible to condensation, can be treated with an alkoxysilane in order to stabilize the polymers from premature reactions in environments with water (para 11-12) and that the stabilization step with OTES will give better Moony viscosity properties. (para 146-156). Regarding claims 8-10 , one skilled in the art would have a reasonable expectation for the stabilized functionalized polymer obtained from Murray and Rademacher to have the claimed Mooney viscosity properties of the claimed invention because Murray and Rademacher teaches a substantially stabilized functionalized polymer to the claimed invention such as the same aminosilane-functionalized poly(butadiene-styrene), stabilized with triethyoxy(octyl)silane, the Applicant further teaches that the Mooney viscosity is achieved through the use of triethyoxy(octyl)silane step, (See Table 1), and this is further evident by Rademacher also teaching that the stabilization step with OTES will give better Moony viscosity properties. (para 146-156). See MPEP 2112.01. (Where the claimed and prior art products are identical or substantially identical in structure or composition, or are produced by identical or substantially identical processes, a prima facie case of either anticipation or obviousness has been established. In re Best, 562 F.2d 1252, 1255, 195 USPQ 430, 433 (CCPA 1977)). Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to FILLIN "Examiner name" \* MERGEFORMAT HA S NGUYEN whose telephone number is FILLIN "Phone number" \* MERGEFORMAT (571)270-7395 . The examiner can normally be reached FILLIN "Work Schedule?" \* MERGEFORMAT Mon-Fri, Flex schedule 7:30am-4:00pm . 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 Randy Gulakowski can be reached at FILLIN "SPE Phone?" \* MERGEFORMAT (571)272-1302 . 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. /HA S NGUYEN/ Primary Examiner, Art Unit 1766
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Prosecution Timeline

Sep 28, 2023
Application Filed
Mar 25, 2026
Non-Final Rejection — §102, §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
57%
Grant Probability
36%
With Interview (-21.3%)
3y 4m
Median Time to Grant
Low
PTA Risk
Based on 599 resolved cases by this examiner. Grant probability derived from career allow rate.

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