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 with traverse of group II, claims 14-16 in the reply filed on 8/17/2026 is acknowledged. The applicant did not set forth arguments for the grounds of traversal.
The requirement is still deemed proper and is therefore made FINAL.
Claim 1-13 and 17-20 withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected groups I, III and IV, there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on 8/11/2026.
Claim Interpretation
Claims 14-16 were elected by the applicant as described above and are dependent on the nonelected claim 1. The elected claims will be examined as containing the limitations of the nonelected claim 1 since they are dependent on claim 1.
Claim 1 recites the rubber composition component of a “tear strength agent”, the broadest reasonable interpretation for this in light of the specification is as an added component to the rubber composition which “helps to provide improvements in tear strength of the rubber composition” as described in instant specification paragraph 0093.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 14-16 rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention. Claims 14-16 contain the limitations of the independent claim 1 which contains indefinite language. Claim 1 recites “a high surface area silica” and the specification lacks special definition for this term that would otherwise have made it definite. For examination purposes, this limitation is taken to mean any kind of silica.
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.
(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) 14-16 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Tahon (US 20200070579 A1) with evidence from Solvay (Zeosil Premium 200 MP Data Sheet).
Regarding claims 14-16, the examiner is including an examination of the limitations found in claim 1. Tahon discloses a cord-reinforced tire rubber composition (abstract) comprising:
70 phr Natural rubber (Table 3, example 5), which is a conjugated diene rubber according to instant specification paragraph [0005] ;
prehydrophobated precipitated silica filler which is pretreated with a silane (Table 3, example 5; paragraphs [0047-0049]).
27 total parts of carbon black which acts as a tear strength agent (Table 3, example 5; paragraph [0057]);
Sulfur curing agent (paragraph [0060]);
Accelerators, such as guanidines (paragraph [0061]), which are considered an acceptable accelerator according to instant specification paragraph 0113.
The prehydrophobated precipitated silica are pretreated using a silane, for this they are considered as pre-silanized (paragraphs [0047-0049]). Tahon considers the carbon black as an additional component that contributes the property of tear strength to the composition (paragraph [0057]). The examiner notes that the "high surface area silica" as claimed by the applicant does not explicitly specify what qualifies as "high surface area". Tahon discloses that a silica can have a BET surface area between 40-600 m2/g (paragraph [0053]) and further discloses Zeosil® Premium 200 MP silica which has a CTAB surface area between 180-220 m2/g (as evidenced by the Zeosil® technical data sheet). This has significant and substantial overlap with what the applicant considers to be a high surface area silica in instant specification paragraph 0083 and can be considered as high surface area silica.
The rubber composition of Tahon is reinforced with a plurality of textile (fabric material) cords which are embedded in the rubber composition through calendaring (paragraphs [0001], [0003], and [0017]), which the examiner notes is consistent with the instant specification paragraph 0120, further the cord-reinforced rubber tire component can comprise a tire ply (paragraph [0001]).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Aoyagi (US 20220106463 A1) teaches tire rubber compositions comprising 3-methyl-5-pyrazolone.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KOLTON JONES whose telephone number is (571)272-9802. The examiner can normally be reached Generally Monday-Friday 8:00 am - 5:00 pm EST.
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, Joseph Del Sole can be reached at (517)272-1130. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/KOLTON JONES/Examiner, Art Unit 1763
/JOSEPH S DEL SOLE/Supervisory Patent Examiner, Art Unit 1763
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