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 .
Election/Restrictions
Applicant’s election without traverse of Group I, claims 1-12 in the reply filed on 8/21/26 is acknowledged.
Claims 13-15 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 8/21/26.
Claim Rejections - 35 USC § 102
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.
Claim(s) 1-3, 7, 9-10 and 12 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 2019/0106511 (herein Chen).
As to claims 1-3, Chen discloses a polymer in example 1A (paragraph 75) comprising a first block comprising 45 g isoprene, 621 g butadiene and 200.6 g styrene. The second block comprises 33 g butadiene. Thus, the first conjugated diene is isoprene, the second conjugated diene is butadiene and the vinyl aromatic hydrocarbon is styrene. Thus, the first block comprises a first conjugated diene (isoprene), a second conjugated diene (butadiene) and a vinyl aromatic hydrocarbon (styrene), wherein the first block comprises about 72 wt% butadiene (second conjugated diene, deduced: 621/(45+621+200.6)). Note that the first conjugated diene (isoprene) has a side chain (alkene with 3 carbons) absent in the second conjugated diene. Also note that the second block comprises the second conjugated diene (butadiene).
As to claim 7, the total amount of vinyl aromatic hydrocarbon monomers (styrene) in the copolymer is 23% (deduced: 23/(45+621+200.6+33)).
As to claim 9, the vinyl aromatic hydrocarbon (styrene) is not present in the second block (0%).
As to claim 10, the total amount of second conjugated diene (butadiene) is present in about 73 wt% (deduced: (621+33)/(45+621+200.6+33)).
As to claim 12, the rubber is utilized in tires. See paragraph 73.
Claim(s) 1-3, 7-9 and 11 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by WO 95/28431 (herein Masse).
As to claims 1-3, 7, 9, 11, see examples F and G of table I of Masse disclosing a polymer of I/S-B, wherein I/S is a randomly polymerized isoprene and styrene block and B is a butadiene block. See page 28 and example descriptions there. In example F, the molecular weight (in thousands) is 1.18/0.68-3.82, and thus in other words, the copolymer is about 21 wt% isoprene (I, deduced: 1.18/total), 12 wt% styrene (S, deduced 0.68/total) and 67 wt% butadiene (B, deduced: 3.82/total). Thus, the first block comprises a first conjugated diene (isoprene) and a vinyl aromatic hydrocarbon (styrene). Note that the first conjugated diene (isoprene) has a side chain (alkene with 3 carbons) absent in the second conjugated diene. Also note that the second block comprises the second conjugated diene (butadiene).
As to claim 8, as elucidated above, examples F and G comprise 1.18 kD isoprene and 0.68 kD styrene, thus the styrene is present in the first block in 36 wt% (deduced: 0.68/(1.18+0.68)).
Claim(s) 1-3, 7 and 9-12 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 5,686,530 (herein Halasa).
As to claims 1-3, 7 and 9-11 Halasa discloses a conjugated diene rubber in examples 1-3 having the structure of a isoprene/butadiene block and second block (referred as segments) of butadiene. Specifically, see col. 16 describing that the second block is composed of butadiene is polymerized (to yield the second block) and that the first block is prepared from a 50/50 mixture of isoprene and butadiene. Thus, the first block comprises a first conjugated diene (isoprene) and a second conjugated diene (butadiene). Note that the first conjugated diene (isoprene) has a side chain (alkene with 3 carbons) absent in the second conjugated diene. Also note that the second block comprises the second conjugated diene (butadiene). Table I shows that the ratio of the first block to second block is 25:75, 50:50 or 75:25. Thus, the three polymers are (deduced) to have 87.5 wt% butadiene to 12.5 wt% isoprene (75:25), 75 wt% butadiene to 25 wt% isoprene (50:50), and 62.5 wt% butadiene to 37.5 wt% isoprene (25:75), all of which fall within the claimed range.
As to claim 12, tires comprising the rubber are taught. See abstract and examples.
Allowable Subject Matter
Claims 4-6 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
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MARK S KAUCHER whose telephone number is (571)270-7340. The examiner can normally be reached M-F 8-6 PM EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Arrie Lanee Reuther can be reached at (571) 270-7026. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MARK S KAUCHER/Primary Examiner, Art Unit 1764
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