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
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 text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
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.
1. Claims 1-20 are rejected under 35 U.S.C. 103 as being obvious by EP 3,842,487 B1 (Nakamura et al.), hereafter referred as Nakamura, in view of US 2017/0145195 A1 (Isitman et al.), hereafter referred as Isitman.
1.1. Regarding Claims 1 and 17:
Nakamura is in the same field of endeavor of tire tread formed from a vulcanizable composition and expressly discloses “The present invention relates to tread rubber compositions and pneumatic tires.” (Nakamura, [0001])
Nakamura discloses a tread rubber composition in the example “4-1” of Table 4:
Example
4-1
NR
60
SBR
20
BR
20
Finely divided carbon black
45
Silica
40
Silane coupling agent
1.6
Oil
5
Wax
1.5
Antioxidant 6C
2
Antioxidant FR
1
Organic resin
2
Fatty acid zinc salt
3
Stearic acid
2
Zinc oxide
2.5
Sulfur
0.5
Crosslinking agent 1
1
Crosslinking agent 2
-
Vulcanization accelerator NS
1
Nakamura’s Table 4 Example 4-1 discloses “60 phr of NR … 20phr of SBR … 20phr of BR…”:
60:20 (or equivalent to 3:1) of NR:BR
or 60:40 (or equivalent to 3:2) of NR:(BR+SBR)
and Nakamura expressly discloses “The isoprene-based rubber may be any polymer mainly having isoprene units. Examples include polyisoprene rubber (IR), …, natural rubber (NR)” (Nakamura, [0046]). SBR is also known as styrene-butadiene rubber (Nakamura para [0015])
Note: the instant Application in the specification paragraph [0046] specifies “The polydiene rubbers … styrene-butadiene rubber (SBR
satisfying the instant Application’s claim of “a polyisoprene rubber and a polydiene rubber in a ratio by weight of at least 1:1” .
Nakamura’s Table 4 Example 4-1 discloses “45phr of carbon black … 40 phr of silica”:
45:40 of Carbon Black:Silica (or equivalent to 1.125:1),
satisfying the instant Application’s claim of “at least 40 phr of a filler” and within the claimed range of “carbon black and silica in a ratio, by weight of at least 0.8:1.”
Nakamura’s Table 4 Example 4-1 discloses “1.6 phr of a silane coupling agent” and “is preferably 0.1 parts by mass or more, more preferably 2 parts by mass or more, still more preferably 3 parts by mass or more… more preferably 12 parts by mass or less” (Nakamura para [0062]):
satisfying the instant Application’s claim of “at least 1 phr of an organosilane coupling agent”
Nakamura’s Table 4 Example 4-1 teaches an organic resin. While Nakamura teaches STRUKTOL 40ms, it is worth noting that Nakamura does not expressly teach the exact term “hydrocarbon traction resin”, but uses “STRUKTOL 40MS” (EPS copolymer) as a resin (Nakamura Table 4, para [0123] – Struktol resin – an ethylene-propylene-styrene copolymer, [0067]). The Struktol resin primarily plays a role as a homogenizing and processing additive and improves the blending of polymers with different polarities and viscosities, increases green tack, and boosts extrusion and calendering properties. Nakamura does not explicitly teach the use of “STRUKTOL 40MS” as the “traction resin” as claimed by the instant Application although it does have the potential to provide traction as a resin.
However, Isitman expressly teaches the use of “Traction resin A” and “Traction resin B”,
“Traction A” being “Sylvatraxx ® 4401” – a tread enhancement additive designed to improve the performance balance of tire applications – at “0-10 phr”, and
“Traction B” being “Novares ® C30” - an indene-coumarone resin based on aromatic feedstock – at “0-25phr”.
(Isitman Tables 1-4, and para [0071-0084]).
Isitman explicitly teaches “The hydrocarbon resin is selected from the group consisting of coumarone-indene resin, petroleum hydrocarbon resin, terpene polymers, styrene-alphamethylstyrene resins, terpene phenol resin, rosin derived resins and copolymers and/or mixtures thereof.” (Isitman para [0037]). It also explicitly teaches their use, combining with the use of silica-rich tread formulations and oil content, to improve “Rolling resistance” “better grip on wet road surface” “abrasion resistance” “wear performance” (Isitman Tables 1-4, para [0071-0084]).
As a result, it would have been obvious by one of ordinary skill at the time of the effective filing date of the invention to modify Nakamura’s composition, such as the base tread formulation, discloses “STRUKTOL 40MS” as a processing additive but does not explicitly state “traction resin” to potentially improve to a certain degree the grip and rolling resistance - by substituting or incorporating Isitman’s explicitly stated “traction resins” (e.g., “Traction A”/SYLVATRAXX™ 4401). Isitman discloses SYLVATRAXX™ 4401 improves the performance balance of the applications, specifically enabling improved abrasion resistance, rolling resistance, wear, wet traction, which are the exact goals the instant Applicant seeks to achieve using traction resins. A person of ordinary skill in the art (PHOSITA) in tire tread compounding seeking to improve these properties would look to known tread systems, and combine or substitute traction resins into Nakamura’s base rubber formulation with a reasonable expectation of success to optimize wet grip, tolling resistance, and winter performance.
Nakamura’s Table 4 Example 4-1 discloses “1 phr of Vulcanization accelerator NS” (a sulfenamide vulcanization accelerator (Sanceler NS-G) (para [0123] at line 55) (alongside sulfur and ZnO (para [0114]):
satisfying the instant Application’s claim of “a sulfur-based curing agent”
Nakamura expressly discloses “Examples of the vulcanization accelerator include thiazole vulcanization accelerators such as 2-mercaptobenzothiazole, di-2-benzothiazolyl disulfide (DM, 2,2'-dibenzothiazolyl disulfide), and N-cyclohexyl-2-benzothiazylsulfenamide; thiuram vulcanization accelerators such as tetramethylthiuram disulfide (TMTD), tetrabenzylthiuram disulfide (TBzTD), and tetrakis(2-ethylhexyl)thiuram disulfide (TOT-N); sulfenamide vulcanization accelerators such as N-cyclohexyl-2-benzothiazole sulfenamide, N-t-butyl-2-benzothiazolylsulfenamide, N-oxyethylene-2-benzothiazole sulfenamide, N-oxyethylene-2-benzothiazole sulfenamide, and N,N'-diisopropyl-2-benzothiazole sulfenamide; and guanidine vulcanization accelerators such as diphenylguanidine, diorthotolylguanidine, and orthotolylbiguanidine.” (Nakamura [0101]).
satisfying the instant Application’s claim of “a cure accelerator, the cure accelerator comprising an ultra-accelerator”.
1.2. Regarding Claims 2-3 :
Nakamura discloses a tread rubber composition in the example “4-1” of Table 4 (see the section “1.1. Regarding Claims 1 and 17”).
Nakamura’s Table 4 Example 4-1 discloses “60 phr of NR … 20phr of SBR … 20phr of BR…”:
60:20 (or equivalent to 3:1) of NR:BR
or 60:40 (or equivalent to 3:2) of NR:(BR+SBR)
and Nakamura expressly discloses “The isoprene-based rubber may be any polymer mainly having isoprene units. Examples include polyisoprene rubber (IR), …, natural rubber (NR)” (Nakamura, [0046]).
Note: the instant Application specifies polydiene, and its spec itself allows SBR as part of the polydiene component (copolymer of butadiene and styrene)). (see the instant Application’s paragraph [0046].
satisfying the instant Application Claim 2’s “natural rubber and a polybutadiene rubber.” and Claim 3’s “a ratio by weight of the natural rubber to the polybutadiene rubber is at least 60:40.”
1.3. Regarding Claim 4:
Nakamura specifically teaches “The BR preferably has a cis content of 90% by mass or higher, more preferably 95% by mass or higher, still more preferably 98% by mass or higher. The upper limit is not limited. When the cis content is within the range indicated above, the advantageous effects tend to be better achieved.” (Nakamura para [0040]).
Note: In this context, “cis content” designates the percentage of butadiene units joined in the cis-1.4 geometric configuration along the polybutadiene chain.
Regarding Claims 5-6:
Nakamura’s Table 4 Example 4-1 discloses “45phr of carbon black … 40 phr of silica”:
45:40 of Carbon Black:Silica (or equivalent to 1.125:1),
satisfying “at least 40 phr of a filler” and within the claimed range of “carbon black and silica in a ratio, by weight of at least 0.8:1”, or “at least 1:1” (Claim 5), or “15 to 45 phr of the carbon black and 20-40 phr of the silica” (Claim 6);
Regarding Claim 7:
Nakamura’s Table 4 Example 4-1 discloses “1.6 phr of a silane coupling agent” and “is preferably 0.1 parts by mass or more, more preferably 2 parts by mass or more, still more preferably 3 parts by mass or more… more preferably 12 parts by mass or less” (Nakamura para [0062]):
satisfying the instant Application Claim 7’s “at least 2 phr of the organosilane coupling agent.”
Regarding Claims 8-9:
As noted above, Nakamura’s Table 4 Example 4-1 teaches an organic resin. While Nakamura teaches STRUKTOL 40ms, it is worth noting that Nakamura does not expressly teach the exact term “hydrocarbon traction resin”, but uses “STRUKTOL 40MS” (EPS copolymer) as a resin (Nakamura Table 4, para [0123] – Struktol resin – an ethylene-propylene-styrene copolymer, [0067]). The Struktol resin primarily plays a role as a homogenizing and processing additive and improves the blending of polymers with different polarities and viscosities, increases green tack, and boosts extrusion and calendering properties. Nakamura does not explicitly teach the use of “STRUKTOL 40MS” as the “traction resin” as claimed by the instant Application although it does have the potential to provide traction as a resin.
However, Isitman expressly teaches the use of “Traction resin A” and “Traction resin B”,
“Traction A” being “Sylvatraxx ® 4401” – a tread enhancement additive designed to improve the performance balance of tire applications – at “0-10 phr”, and
“Traction B” being “Novares ® C30” - an indene-coumarone resin based on aromatic feedstock – at “0-25phr”.
(Isitman Tables 1-4, and para [0071-0084]).
Isitman explicitly teaches “The hydrocarbon resin is selected from the group consisting of coumarone-indene resin, petroleum hydrocarbon resin, terpene polymers, styrene-alphamethylstyrene resins, terpene phenol resin, rosin derived resins and copolymers and/or mixtures thereof.” (Isitman para [0037]). It also explicitly teaches their use, combining with the use of silica-rich tread formulations and oil content, to improve “Rolling resistance” “better grip on wet road surface” “abrasion resistance” “wear performance” (Isitman Tables 1-4, para [0071-0084]).
As a result, it would have been obvious by one of ordinary skill at the time of the effective filing date of the invention to modify Nakamura’s composition, such as the base tread formulation, discloses “STRUKTOL 40MS” as a processing additive but does not explicitly state “traction resin” to potentially improve to a certain degree the grip and rolling resistance - by substituting or incorporating Isitman’s explicitly stated “traction resins” (e.g., “Traction A”/SYLVATRAXX™ 4401). Isitman discloses SYLVATRAXX™ 4401 improves the performance balance of the applications, specifically enabling improved abrasion resistance, rolling resistance, wear, wet traction, which are the exact goals the instant Applicant seeks to achieve using traction resins. A person of ordinary skill in the art (PHOSITA) in tire tread compounding seeking to improve these properties would look to known tread systems, and combine or substitute traction resins into Nakamura’s base rubber formulation with a reasonable expectation of success to optimize wet grip, tolling resistance, and winter performance.
Regarding Claim 10:
Nakamura’s Table 4 Example 4-1 discloses
“5 phr of oil” which is process oil such as “paraffinic process oils, aromatic process oils, …, LOW PCA process oils such as TDAE and MES …” (Nakamura para [0072]), and
“3 phr of fatty acid zinc salt” which also plays a role as plasticizer in rubber compositions as a processing aid, activator, and lubricant. It helps lower rubber viscosity, improves filler dispersion, and assists with curing.
but does not explicitly specify “plasticizer’ and limit liquid plasticizer to “no more than 0.5 phr of liquid plasticizer” as cited in the instant application’s Claim 10.
However, Isitman explicitly teaches the use of “TDAE (as free process oil) (“Treated Distilled Aromatic Extract” or TDAE is a primary process oil used as a plasticizer in rubber compositions to improve the flexibility, processability, and dynamic properties of rubber elastomer) at “0~15 phr” (Isitman Tables 1- 2, para [0071]).
As a result, it would have been obvious by one of ordinary skill at the time of effective filing date of the invention to modify Nakamura’s organic oil with Isitman’s TDAE plasticizers, and the amount range thereof, in order improve the flexibility, processability, and dynamic properties of rubber elastomer..
Regarding Claims 11-13:
Nakamura’s Table 4 Example 4-1 discloses “1 phr of Crosslinking agent 1” (e.g., 1,6-bis(N,N'-dibenzylthiocarbamoyldithio)hexane (Nakamura para [0090]), tetrabenzylthiuram disulfide (TBzTD) or similar compounds. (Nakamura para [0101])
Nakamura emphasizes that controlling hardness and crosslink density (Swell) before/after heat aging improves abrasion resistance, and explicitly suggests using crosslinking agents including 1,6-bis(N,N'-dibenzylthiocarbamoyldithio)hexane to form more stable S-C and C-C crosslinks. (Nakamura [0011], [0016-0018]).
Nakamura discloses “Examples of the vulcanization accelerator include thiazole vulcanization accelerators such as 2-mercaptobenzothiazole, di-2-benzothiazolyl disulfide (DM, 2,2'-dibenzothiazolyl disulfide), and N-cyclohexyl-2-benzothiazylsulfenamide; thiuram vulcanization accelerators such as tetramethylthiuram disulfide (TMTD), tetrabenzylthiuram disulfide (TBzTD)” (Nakamura para [0101]).
Nakamura’s paragraph [0102] discloses “The amount of the vulcanization accelerator per 100 parts by mass of the rubber component is preferably 0.5 parts by mass or more, more preferably 0.7 parts by mass or more. The amount is also preferably 3.0 parts by mass or less, more preferably 2.0 parts by mass or less, still more preferably 1.5 parts by mass or less.”
Regarding Claims 14-16:
Nakamura’s Table 4 Example 4-1 discloses “1 phr of Vulcanization accelerator NS” (a sulfenamide vulcanization accelerator (Sanceler NS-G) (para [0123] at line 55) (alongside sulfur and ZnO (para [0114]),
and “Examples of the vulcanization accelerator include thiazole vulcanization accelerators such as 2-mercaptobenzothiazole, di-2-benzothiazolyl disulfide (DM, 2,2'-dibenzothiazolyl disulfide), and N-cyclohexyl-2-benzothiazylsulfenamide; thiuram vulcanization accelerators such as tetramethylthiuram disulfide (TMTD), tetrabenzylthiuram disulfide (TBzTD), and tetrakis(2-ethylhexyl)thiuram disulfide (TOT-N); sulfenamide vulcanization accelerators such as N-cyclohexyl-2-benzothiazole sulfenamide, N-t-butyl-2-benzothiazolylsulfenamide, N-oxyethylene-2-benzothiazole sulfenamide, N-oxyethylene-2-benzothiazole sulfenamide, and N,N'-diisopropyl-2-benzothiazole sulfenamide; and guanidine vulcanization accelerators such as diphenylguanidine, diorthotolylguanidine, and orthotolylbiguanidine.” (Nakamura [0101]).
satisfying Claims 14’s “one of a benzothiazole, a sulfenamide, and a guanidine cure accelerator”, Claim 15’s “the sulfenamide cure accelerator comprises a benzothiazolesulfenamide cure accelerator.”, and Claim 16’s “at least 0.5 phr of the at least one of the benzothiazole, sulfenamide, and guanidine cure accelerators.”
Regarding Claim 18:
Claim 18 adds “zinc oxide” to the composition cited in the Claim 1. Nakamura’s Table 4 Example 4-1 discloses “2.5 phr of zinc oxide” (also plays a role as a co-curing agent/activator), and meets the instant Application’s Claim 18’s “zinc oxide” and
Nakamura expressly discloses the “The tread rubber compositions (vulcanized tread rubber compositions) may be prepared by known methods. For example, they may be prepared by kneading the components using a rubber kneading machine such as an open roll mill, a Banbury mixer, or a kneader, and vulcanizing the kneaded mixture.” (Nakamura, [0118]).
Claim 18, recites “a method of forming a tire tread comprising” the composition recited in the Claims 1-16, such a method being an industrial standard.
.
Regarding Claims 19-20:
Nakamura teaches “The present invention relates to tread rubber composition and pneumatic tires.” (Nakamura, Abstract), and its examples explicitly teaches tread compounds, and Isitman teaches “a pneumatic tire having a tread comprising a vulcanizable rubber composition” (Isitman, Abstract).
As stated above, Nakamura’s Table 4 Example 4-1 teaches an organic resin. While Nakamura teaches STRUKTOL 40ms, it is worth noting that Nakamura does not expressly teach the exact term “hydrocarbon traction resin”, but uses “STRUKTOL 40MS” (EPS copolymer) as a resin (Nakamura Table 4, para [0123] – Struktol resin – an ethylene-propylene-styrene copolymer, [0067]). The Struktol resin primarily plays a role as a homogenizing and processing additive and improves the blending of polymers with different polarities and viscosities, increases green tack, and boosts extrusion and calendering properties. Nakamura does not explicitly teach the use of “STRUKTOL 40MS” as the “traction resin” as claimed by the instant Application although it does have the potential to provide traction as a resin.
However, Isitman expressly teaches the use of “Traction resin A” and “Traction resin B”,
“Traction A” being “Sylvatraxx ® 4401” – a tread enhancement additive designed to improve the performance balance of tire applications – at “0-10 phr”, and
“Traction B” being “Novares ® C30” - an indene-coumarone resin based on aromatic feedstock – at “0-25phr”.
(Isitman Tables 1-4, and para [0071-0084]).
Isitman explicitly teaches “The hydrocarbon resin is selected from the group consisting of coumarone-indene resin, petroleum hydrocarbon resin, terpene polymers, styrene-alphamethylstyrene resins, terpene phenol resin, rosin derived resins and copolymers and/or mixtures thereof.” (Isitman para [0037]). It also explicitly teaches their use, combining with the use of silica-rich tread formulations and oil content, to improve “Rolling resistance” “better grip on wet road surface” “abrasion resistance” “wear performance” (Isitman Tables 1-4, para [0071-0084]).
As a result, it would have been obvious by one of ordinary skill at the time of the effective filing date of the invention to modify Nakamura’s composition, such as the base tread formulation, discloses “STRUKTOL 40MS” as a processing additive but does not explicitly state “traction resin” to potentially improve to a certain degree the grip and rolling resistance - by substituting or incorporating Isitman’s explicitly stated “traction resins” (e.g., “Traction A”/SYLVATRAXX™ 4401). Isitman discloses SYLVATRAXX™ 4401 improves the performance balance of the applications, specifically enabling improved abrasion resistance, rolling resistance, wear, wet traction, which are the exact goals the instant Applicant seeks to achieve using traction resins. A person of ordinary skill in the art (PHOSITA) in tire tread compounding seeking to improve these properties would look to known tread systems, and combine or substitute traction resins into Nakamura’s base rubber formulation with a reasonable expectation of success to optimize wet grip, tolling resistance, and winter performance.
Claim 19 recites “the cure accelerator comprising 0.1 to 1.0 of an ultra-accelerator”, which is already addressed above in the section of “1.8. Regarding Claims 11-13”.
Claim 19 also recites “0.5 to 2 phr of a sulfenamide cure accelerator” which is already addressed above in the section of “1.9. Regarding Claims 14-16”.
Claim 19 adds “zinc oxide” to the composition cited in the Claim 1. This has been addressed in the above section of “1.10. Regarding Claim 18”.
Nakamura’s Table 4 Example 4-1 discloses “1.5 phr of wax” as a processing aid, satisfying Claim 19’s disclosure of “0.5 to 3 phr of a wax”;
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to GERARD SHI whose telephone number is (571)270-3101. The examiner can normally be reached Monday-Friday.
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, Heidi Kelley can be reached at 571-270-1831. 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.
/G.S./
Examiner, Art Unit 1765
/HEIDI R KELLEY/Supervisory Patent Examiner, Art Unit 1765
Prosecution Insights