Prosecution Insights
Last updated: July 17, 2026
Application No. 18/538,739

RUBBER COMPOSITION FOR TIRES AND TIRE

Non-Final OA §102
Filed
Dec 13, 2023
Examiner
DAVIDSON IV, CULLEN LEE GARRETT
Art Unit
Tech Center
Assignee
Sumitomo Rubber Industries Ltd.
OA Round
1 (Non-Final)
39%
Grant Probability
At Risk
1-2
OA Rounds
1y 0m
Est. Remaining
84%
With Interview

Examiner Intelligence

Grants only 39% of cases
39%
Career Allowance Rate
27 granted / 70 resolved
-21.4% vs TC avg
Strong +45% interview lift
Without
With
+45.3%
Interview Lift
resolved cases with interview
Typical timeline
3y 7m
Avg Prosecution
36 currently pending
Career history
120
Total Applications
across all art units

Statute-Specific Performance

§103
76.2%
+36.2% vs TC avg
§102
8.3%
-31.7% vs TC avg
§112
0.3%
-39.7% vs TC avg
Black line = Tech Center average estimate • Based on career data from 70 resolved cases

Office Action

§102
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 . Information Disclosure Statement The information disclosure statement (IDS) submitted on March 13, 2026 was filed. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the Office. 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. Claims 1-6 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kitago et al. (US20220389206, hereinafter referred to as “Kitago”). As to Claim 1: Kitago teaches a tire including a rubber composition comprising, based on 100 parts of a rubber component which may be a hydrogenated styrene-butadiene copolymer ([0037]) including exemplary hydrogenated styrene-butadiene copolymers having a degree of hydrogenation of 93 mol% ([0135]): a filler which may be silica ([0050]) present in an amount of 50 parts by mass or more ([0086]), a plasticizer which may be a resin ([0008]) present in an amount of 9 parts by mass or more ([0063]) including exemplary compositions comprising a liquid resin plasticizer in an amount of 10 parts per 100 parts of rubber component (see, e.g., Table 1, Example 1), one or more antioxidants ([0096]) wherein the antioxidant may be used alone and may be, e.g., a quinoline antioxidant such as 2,2,4-trimethyl-1,2-dihydroquinoline ([0097]), thus reading on the claimed “wherein the rubber composition comprises no paraphenylenediamine-based compound.” As to Claim 2: Kitago teaches the composition of claim 1 (supra). Kitago teaches wherein the composition comprises a filler which may be silica ([0050]). As to Claim 3: Kitago teaches the composition of claim 1 (supra). Kitago teaches wherein the plasticizer may be a resin ([0008]). As to Claim 4: Kitago teaches the composition of claim 3 (supra). Kitago teaches wherein the plasticizer may be a resin ([0008]) based on aromatic vinyl polymers including homopolymers of styrene ([0058]) and teaches exemplary resins that are styrenic ([0156]). As to Claim 5: Kitago teaches the composition of claim 1 (supra). Kitago teaches wherein the comprising comprises one or more antioxidants ([0096]) wherein the antioxidant may be used alone and may be, e.g., a quinoline antioxidant such as 2,2,4-trimethyl-1,2-dihydroquinoline ([0097]), the structure of which is construed to read on the claimed “amine-ketone condensation compound” as the structure results from the condensation of aniline (an amine) and acetone (a ketone). Kitago further teaches exemplary antioxidants that are purified reaction products of an amine and a ketone ([0159]). As to Claim 6: Kitago teaches the composition of claim 5 (supra). Kitago teaches wherein the comprising comprises one or more antioxidants ([0096]) wherein the antioxidant may be used alone and may be, e.g., a quinoline antioxidant such as 2,2,4-trimethyl-1,2-dihydroquinoline ([0097]), the structure of which is construed to read on the claimed “amine-ketone condensation compound” as the structure results from the condensation of aniline (an amine) and acetone (a ketone). Kitago further teaches exemplary antioxidants that are purified reaction products of an amine and a ketone ([0159]). Kitago further teaches that the antioxidant may be present in an amount of 1 parts by mass or more based on 100 parts by mass of rubber ([0098]), which is within the claimed range. Claim 7 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kitago et al. (US20220389206, hereinafter referred to as “Kitago”). As to Claim 7: Kitago teaches a tire including a tread (i.e., a tire member) containing a rubber composition (Abstract) comprising, based on 100 parts of a rubber component which may be a hydrogenated styrene-butadiene copolymer ([0037]) including exemplary hydrogenated styrene-butadiene copolymers having a degree of hydrogenation of 93 mol% ([0135]): a filler which may be silica ([0050]) present in an amount of 50 parts by mass or more ([0086]), a plasticizer which may be a resin ([0008]) present in an amount of 9 parts by mass or more ([0063]) including exemplary compositions comprising a liquid resin plasticizer in an amount of 10 parts per 100 parts of rubber component (see, e.g., Table 1, Example 1), one or more antioxidants ([0096]) wherein the antioxidant may be used alone and may be, e.g., a quinoline antioxidant such as 2,2,4-trimethyl-1,2-dihydroquinoline ([0097]), thus reading on the claimed “wherein the rubber composition comprises no paraphenylenediamine-based compound.” Correspondence Any inquiry concerning this communication or earlier communications from the examiner should be directed to CULLEN L. G. DAVIDSON IV whose telephone number is (703)756-1073. The examiner can normally be reached M-F 9:30-6:00. 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, Mark Eashoo can be reached on (571) 272-1197. 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. /C.L.G.D./ Examiner, Art Unit 1767 /MARK EASHOO/Supervisory Patent Examiner, Art Unit 1767
Read full office action

Prosecution Timeline

Dec 13, 2023
Application Filed
Jun 08, 2026
Non-Final Rejection mailed — §102 (current)

Precedent Cases

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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
39%
Grant Probability
84%
With Interview (+45.3%)
3y 7m (~1y 0m remaining)
Median Time to Grant
Low
PTA Risk
Based on 70 resolved cases by this examiner. Grant probability derived from career allowance rate.

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