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 1, claims 1-15 in the reply filed on 09/10/2025 is acknowledged. Claims 16 and 17 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim.
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.
Claims 1-12 is/are rejected under 35 U.S.C. 103 as being obvious over USPUB 20200340543A1 issued to Leethaus et al.
The applied reference has a common assignee and a few inventors which are the same with the instant application. Based upon the earlier effectively filed date of the reference, it constitutes prior art under 35 U.S.C. 102(a)(2).
This rejection under 35 U.S.C. 103 might be overcome by: (1) a showing under 37 CFR 1.130(a) that the subject matter disclosed in the reference was obtained directly or indirectly from the inventor or a joint inventor of this application and is thus not prior art in accordance with 35 U.S.C.102(b)(2)(A); (2) a showing under 37 CFR 1.130(b) of a prior public disclosure under 35 U.S.C. 102(b)(2)(B); or (3) a statement pursuant to 35 U.S.C. 102(b)(2)(C) establishing that, not later than the effective filing date of the claimed invention, the subject matter disclosed and the claimed invention were either owned by the same person or subject to an obligation of assignment to the same person or subject to a joint research agreement. See generally MPEP § 717.02.
Leethaus et al disclose a single-layered or multilayered main body having elastic properties, in particular an air spring bellows, a metal-rubber element or a vibration damper. To improve the flame-retardant properties the main body of the article consists of or contains at least one layer D which is constructed from a rubber mixture which is free from halogen-containing flame retardants and contains at least one carbon black having a BET surface area according to DIN-ISO 9277 between 35 and 140 m2/g and an oil absorption number (OAN) according to ISO 4656 between 70 and 140 ml/100 g. [abstract, ¶¶ 0001,0007, 0014]
At ¶¶ 0014-0016, the instant reference furthers that the rubber mixture of the layer D also contains at least one further flame retardant, in particular stannates, such as zinc stannate or zinc hydroxystannate, further hydroxides, such as magnesium hydroxide or calcium hydroxide, cyanurates, such as melamine cyanurate, borates, such as zinc borate or calcium borate, phosphorus-containing components, such as resorcinol diphosphate, melamine phosphate or aromatic polyphosphates, nitrogen-containing components, such as ammonium phosphate, intumescent mixtures, carbonates, such as calcium carbonate or magnesium carbonate, or expandable graphite. Intumescent mixtures expand to afford foams. They are used to provide protection from the effects of heat and fire to combustible materials such as plastics or wood, and also steel, which suffers a loss of strength at elevated temperature.
At ¶¶ 0019-0021, the instant reference furthers that the rubber mixture of the layer D contains at least one rubber component, which is preferably selected from the group consisting of ethylene-propylene copolymer (EPM) and/or ethylene-propylene-diene copolymer (EPDM) and/or nitrile rubber (NBR) and/or carboxylated nitrile rubber (XNBR) and/or (partially) hydrogenated nitrile rubber (HNBR) and/or fluorine rubber (FKM) and/or chloroprene rubber (CR) and/or natural rubber (NR) and/or epoxidized natural rubber (ENR) and/or isoprene rubber (IR) and/or styrene-butadiene rubber (SBR) and/or carboxylated styrene-butadiene rubber (XSBR) and/or butyl rubber (IIR) and/or bromobutyl rubber (BIIR) and/or chlorobutyl rubber (CIIR) and/or butadiene rubber (BR) and/or chlorinated polyethylene (CM) and/or chlorosulfonated polyethylene (CSM) and/or alkylated chlorosulfonated polyethylene (ACSM) and/or polyepichlorohydrin rubbers (CO; ECO; ETER) and/or ethylene-vinyl acetate rubber (EVA) and/or acrylate rubber (ACM) and/or ethylene-acrylate rubber (AEM) and/or silicone rubber (MQ, VMQ, PVMQ, FVMQ) and/or fluorinated methylsilicone rubber (MFQ) and/or perfluorinated propylene rubber (FFPM) and/or perfluorocarbon rubber (FFKM) and/or polyurethane (PU). The recited rubbers may be employed alone or in a blend. The rubber component of the rubber mixture of the layer D preferably consists of a rubber or of a rubber blend of at least two rubbers which each provide the mixture with a primarily low flammability and/or have good physical properties for use in dynamically highly stressed articles. These include in particular NR, ENR, IR, CR, CM, CSM, ACSM, BR, NBR, XNBR, HNBR. In a particularly preferred embodiment, the rubber component of the rubber mixture of the layer D consists of 100 phr of CR or of a rubber blend of CR and NR. Layer D of the instant reference is equivalent to Applicant’s outermost layer D.
Layer B, which is equivalent to Applicant’s textile reinforcement layer is taught at ¶¶ 0030-0034. And is usually a cord fabric composed of one or more plies. Materials used for the layer B may be any known synthetic and natural materials alone or in combination, i.e. in the form of a hybrid fabric.
Layer C discussed at ¶¶ 0034-0037 of the instant reference teaches “outer cap” of the article. The layer C may be a one-ply or two-ply layer. The elastomer mixture of the layer C is a vulcanizable, preferably thermoplastic-free, rubber mixture containing at least one rubber component and further mixture ingredients. Contemplated rubber components especially include: ethylene-propylene rubber (EPM), ethylene-propylene-diene rubber (EPDM), nitrile rubber (NBR), carboxylated nitrile rubber (XNBR), (partially) hydrogenated nitrile rubber (HNBR), fluoro rubber (FKM), chloroprene rubber (CR), natural rubber (NR), epoxidized natural rubber (ENR), isoprene rubber (IR), styrene-butadiene rubber (SBR), carboxylated styrene-butadiene rubber (XSBR), butyl rubber (IIR), bromobutyl rubber (BIIR), chlorobutyl rubber (CIIR), brominated copolymer of isobutylene and para-methylstyrene (BIMS), butadiene rubber (BR), chlorinated polyethylene (CM), chlorosulfonated polyethylene (CSM), alkylated chlorosulfonated polyethylene (ACSM), polyepichlorohydrin rubbers (CO; ECO; ETER), ethylene-vinyl acetate rubber (EVA), acrylate rubber (ACM), ethylene-acrylate rubber (AEM), silicone rubber (MQ, VMQ, PVMQ, FVMQ), fluorinated methylsilicone rubber (MFQ), perfluorinated propylene rubber (FFPM), perfluorocarbon rubber (FFKM), polyurethane (PU).
The abovementioned rubber types may be unblended. The use of a blend is also possible. The type of rubber preferred depends on the nature of the article. The usual mixture ingredients comprise at least one crosslinker or one crosslinker system (crosslinking agent and accelerator). Additional mixture ingredients usually further include a filler and/or a processing aid and/or a plasticizer and/or an aging stabilizer and also optionally further additives (for example color pigments, adhesion promoters, flame retardants, reinforcing fibers).
At ¶¶ 0014- 0017, the instant reference teaches that the flame retardants can be stannates, such as zinc stannate or zinc hydroxystannate, further hydroxides, such as magnesium hydroxide or calcium hydroxide, cyanurates, such as melamine cyanurate, borates, such as zinc borate or calcium borate, phosphorus-containing components, such as resorcinol diphosphate, melamine phosphate or aromatic polyphosphates, nitrogen-containing components, such as ammonium phosphate, intumescent mixtures, carbonates, such as calcium carbonate or magnesium carbonate, or expandable graphite. Intumescent mixtures expand to afford foams. They are used to provide protection from the effects of heat and fire to combustible materials such as plastics or wood, and also steel, which suffers a loss of strength at elevated temperature and are present in a total amount of 0.5 to 5 phr.
Regarding Claim 1, where Applicant seeks an article comprising:
a multilayer base unit with elastic properties having at least one inner layer, at least one textile reinforcement layer, at least one intermediate layer, and at least one outer layer,
wherein the at least one intermediate layer of the multilayer base unit is formed from a rubber compound that comprises: one or more of chloroprene rubber (CR) or chlorosulfonated polyethylene (CSM) or alkylated chlorosulfonated polyethylene (ACSM) or chlorinated polyethylene (CM) or chlorobutyl rubber (CIIR) or bromobutyl rubber (BIIR) or polyepichlorohydrin rubber (CO; ECO; ETER) or brominated copolymer of isobutylene and paramethylstyrene (BIMS), and 3 to 40 phr of at least one intumescent flame retardant, wherein the at least one intermediate layer is in direct contact with the at least one textile reinforcement layer; Leethaus et al. teach making single-layered or multilayered main body having elastic properties, in particular an air spring bellows, a metal-rubber element or a vibration damper air spring bellows, The main body comprising at least one inner layer A [same as Applicant’s layer A], at least one textile reinforcement layer B [equivalent to Applicant’s layer B], at least one intermediate layer D [equivalent to Applicant’s intermediate layer ] and at least one outer layer C, wherein the layer D is composed of a rubber mixture which can contain preferably 100 phr CR as a rubber component and can contain an intumescent flame retardant. Since only an additional optional layer E is mentioned, the intermediate layer D is in direct contact with the textile reinforcement layer B.
Leethaus et al at ¶ 0017 teach that amount of the intumescent flame retardant is from 0.5 to 5phr which overlaps with Applicant’s claimed range 3 to 40 phr. It should be noted that in the case where the claimed ranges overlap or lie inside ranges disclosed by the prior art, a prima facie case of obviousness exists. In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990). The existence of overlapping or encompassing ranges shifts the burden to Applicant to show that his invention would not have been obvious. In re Peterson, 315 F.3d 1325, 1330 (Fed. Cir. 2003).
Regarding Claim 2, where Applicant seeks that the article according to claim 1, wherein the total amount of CR, CSM, ACSM, CM, CIIR, BIIR, CO, ECO, ETER, BIMS, in each case alone or in combination, is between 50 and 100 phr; Applicant is directed to ¶ 0021 and claims 14 and 15 of USPUB 20200340543A1.
Regarding Claim 3, where Applicant seeks that the article according to claim 2, wherein the total amount of CR, CSM, ACSM, CM, CIIR, BIIR, CO, ECO, ETER, BIMS, in each case alone or in combination, is 100 phr; Applicant is directed to ¶ 0021 and claims 14 and 15 of USPUB 20200340543A1.
Regarding Claim 4, where Applicant seeks that the article according to claim 1, wherein the at least one intumescent flame retardant is an expandable graphite or a mixture of two or more different expandable graphites; Applicant is directed to ¶¶ 0014- 0017, the instant reference teaches that the flame retardants can be stannates, such as zinc stannate or zinc hydroxystannate, further hydroxides, such as magnesium hydroxide or calcium hydroxide, cyanurates, such as melamine cyanurate, borates, such as zinc borate or calcium borate, phosphorus-containing components, such as resorcinol diphosphate, melamine phosphate or aromatic polyphosphates, nitrogen-containing components, such as ammonium phosphate, intumescent mixtures, carbonates, such as calcium carbonate or magnesium carbonate, or expandable graphite. Intumescent mixtures expand to afford foams. They are used to provide protection from the effects of heat and fire to combustible materials such as plastics or wood, and also steel, which suffers a loss of strength at elevated temperature and are present in a total amount of 0.5 to 5 phr.
Regarding Claim 5, where Applicant seeks that the article according to claim 1, wherein the article is an air spring bellows, a tubular body or a drive belt; Applicant is directed to ¶ 0040 of USPUB 20200340543A1.
Regarding Claim 6, where Applicant seeks that the article according to claim 1, wherein the article as a whole satisfies the requirements of the EN-45545 standard; Applicant is directed to ¶ 0006 of USPUB 20200340543A1.
Regarding Claim 7, where Applicant seeks that the article according to claim 1, wherein the at least one intumescent flame retardant is present in an amount from 5 to 30 phr; Applicant is directed to ¶ 0017 of USPUB 20200340543A1.
Regarding Claim 8, where Applicant seeks that the article according to claim 1, wherein the at least one intumescent flame retardant is present in an amount from 10 to 25 phr; Applicant is directed to ¶ 0017 of USPUB 20200340543A1.
Regarding Claim 9, where Applicant seeks that the article according to claim 1, wherein the at least one intumescent flame retardant is a physically acting intumescent flame retardant.; Applicant is directed to ¶ 0015-0017 of USPUB 20200340543A1.
Regarding Claim 10, where Applicant seeks that the article according to claim 1, wherein the rubber compound is free from chemically acting intumescent flame retardant; Applicant is directed to ¶ 0007 and claim 1 of USPUB 20200340543A1.
Regarding Claim 11, where Applicant seeks that the article according to claim 1, wherein the rubber compound is free from halogen-containing flame retardant; Applicant is directed to ¶ 0007 and claim 1 of USPUB 20200340543A1.
Regarding Claim 12, where Applicant seeks that the article according to claim 1, wherein the at least one intumescent flame retardant is only an intumescent expandable graphite in the amount from 3 to 40 phr, and the rubber compound is void of other flame retardant material; Applicant is directed to rationale set forth above for claims 1 and 4.
Claim(s) 13-15 is/are rejected under 35 U.S.C. 103 as being unpatentable over USPUB 20200340543A1 issued to Leethaus et al. as applied to claims 1-12 above, and further in view of USPUB 20160289463A1 issued to Gutsch et al.
Leethaus et al. teach what is set forth above but do not disclose the onset temperature of at what onset temperature of above 180° C. for Claim 13, 200° C. for claim 14 and above 220° C. for claim 15. This is remedied by the teachings of Gutsch et al.
Gutsch et al are from the same filed of endeavor as they create elastomeric body for vibration damping and/or suspension, has a base body and a flame-retarding coating which covers at least one section of the base body, wherein the flame-retarding coating has at least two intumescent fire protection systems and the first fire protection system contains expandable graphite. At ¶ 0045, the instant reference teaches that in a preferred embodiment of the invention uses expandable graphite with onset temperature >160° C., preferably from 160° C. to 250° C.
A person having ordinary skill in the art before the effective filing date of the invention would have found it obvious to have used the expandable graphite of Gutsch having an onset temperature of above 180° C. or 200° C. or 220° C. One would have been motivated to do so as taught by Gutsch that it is advantageous to use expandable graphite with high onset temperature because graphites of this type usually exhibit good expansion behavior [¶0045].
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. USPUB 2016/0153513A1 issued to Nieten. Nieten teaches making an air spring bellow or an air sleeve [title, abstract] comprising 4 layers: an inner liner layer 54 which includes calendared rubber, first ply 56 which includes a cord reinforced rubber, second ply 58 which includes fabric reinforced rubber and an outer cover 60 which includes calendared rubber [¶0014]. The rubber of each layer may be vulcanizable elastomers [¶¶ 0016-0017] and the rubber may be 95% or more [i.e. including 100 phr] polychloroprene [¶0052]. The rubber mixture may comprise carbon black [¶0027] and zinc salts [¶0039]. Nieten does not disclose or require the use of a halogen containing flame retardant, thus it would be obvious to use rubber that is free of halogen containing flame retardants.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Arti R Singh-Pandey whose telephone number is (571)272-1483. The examiner can normally be reached Monday-Thursday 8:30-3:00 and 8:00-10:00.
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, Duane Smith can be reached at 571-272-1166. 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.
/Arti Singh-Pandey/
Primary Patent Examiner
Art Unit 1759
Asp