CTNF 18/570,648 CTNF 101595 DETAILED ACTION Notice of Pre-AIA or AIA Status 07-03-aia AIA 15-10-aia The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA. 07-30-03-h AIA Claim Interpretation The applicant is reminded that under a broadest reasonable interpretation (BRI), words of the claim must be given their plain meaning, unless such meaning is inconsistent with the specification. The plain meaning of a term means the ordinary and customary meaning given to the term by those of ordinary skill in the art at the relevant time. The broadest reasonable interpretation of the term “functionalized butadiene rubber” is interpreted to mean both polymers with butadiene as the sole monomer as well as copolymers of butadiene such as styrene-butadiene rubber (SBR). Claim Objections 07-29-01 AIA Claim s 12 and 27 objected to because of the following informalities: while stating an intended use in a claim is common, this particular wording is unusual and the examiner suggests changing “…mixture, especially for the…” to “…mixture capable for use as the…” . Appropriate correction is required. 07-29-01 AIA Claim 23 objected to because of the following informalities: the claim recites the phrase "claim 12wherein", it should instead say "claim 12, wherein" . Appropriate correction is required. Claim Rejections - 35 USC § 103 07-20-aia AIA 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. 07-23-aia AIA 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. 07-21-aia AIA Claim s 12-29 are rejected under 35 U.S.C. 103 as being unpatentable over Sà (DE 102019212728 A1) in view of Miyazaki (US 20210023882 A1) . Regarding claim 12-16, Sà teaches a vulcanizable rubber mixture (Table 1) comprising: 10 phr NR (natural polyisoprene rubber), as one further diene rubber; 12 phr liquid polybutadiene (polymer A), having a weight-average molecular weight of 6840 g/mol, where in the modification enables interaction with a polar filler. 125 phr silica filler. Sà does not teach a solid, solution polymerized, functionalized butadiene rubber (BR) that has a cis content between 20% and 50% by weight. Miyazaki teaches a rubber composition for tire tread comprising 20 phr of low-cis modified BR, having a cis- content of 38% by weight and wherein the modification is made to increase polar interaction with the silica filler (Table 1, example 11; paragraphs [0039], [0061], [0206]). Miyazaki further teaches that BR and solution-polymerized SBR (SSBR) are interchangeable (paragraph [0075]). A person having ordinary skill in the art as of the effective filing date of the instant application would have found it obvious to include the modified solution-polymerized SBR (SSBR) of Miyazaki in the claimed amounts to the composition of Sà to for the benefit of increased polar interaction with the silica filler and because it is an obvious combination of prior art elements according to known methods to yield predictable results. Regarding claim 13 and 16, the mixture of Sà in view of Miyazaki applies as described above in component b. Regarding claims 14 and 15, the mixture of Sà in view of Miyazaki applies as described above for the cis content of the modified butadiene of Miyazaki. Regarding claims 17-25, 27 and 28, the mixture of Sà in view of Miyazaki applies as described above regarding the amount of polymer A, natural polyisoprene (IR), modified SSBR rubber, and amount of silica. Sà further teaches polymer A as being a liquid polybutadiene modified along the polymer backbone with triethoxysilane groups, the triethoxysilane groups having the formula: (R1R2R3)Si – X – where R1, R2, and R3 are ethoxy groups, and X is a C3 alkyl group, and having 2 organosilicon (triethoxysilane) groups per molecule (degrees of functionalization) (Table 1, 4(E); paragraphs [0013) and [0016]; claim 3). Regarding claims 26 and 29, the mixture of Sà in view of Miyazaki applies as described above, Sà further teaches a pneumatic tire with tread that contacts the road comprising the mixture of Sà (claim 11) . 07-21-aia AIA Claim s 12-29 are rejected under 35 U.S.C. 103 as being unpatentable over Miyazaki (US 20210023882 A1) in view of Gruendken (Silane-modified low molecular weight ‘liquid’ polymers in sulfur cured mixtures of styrene-butadiene copolymers and silica) and further in view of Fujiwara (US 20200040208 A1) . Regarding claim 12, Miyazaki teaches a sulfur cross-linkable rubber composition for pneumatic tire tread comprising: 20 phr of low-cis modified (solid) BR, having a cis- content of 38% by weight and wherein the modification is made to increase polar interaction with the silica filler (Table 1, example 11; paragraphs [0039], [0061], [0206]). Miyazaki further teaches that the BR mentioned above and solution-polymerized styrene-butadiene (SSBR) are interchangeable (paragraph [0075]); 80 phr of SBR as the further diene rubber (Table 1, example 11); 75 phr silica filler (Table 1, example 11). Miyazaki does not disclose the liquid, modified diene polymer of claim 12. Gruendken teaches a sulfur-crosslinkable mixture comprising at least 7.5 phr triethoxysilane grafted to the backbone of liquid BR having an average molecular weight of 6,000 g/mol, with 2 organosilicon (triethoxysilane) groups per molecule (Section 2.1; Table 2, Si-L-BR-4). The organosilane has the following formula: (R1R2R3)Si – X –, where the R groups are each ethoxy groups and X is unspecified. Gruendken also teaches the mixture comprising 100 phr of SSBR (Table 3). Gruendken further teaches that the modified liquid BR is useful for increasing the interaction with polar fillers and coupling agents (abstract; Fig. 7 (B)). Gruendken does not disclose the structure of the connection between the liquid BR and the organosilane (analogous to component X of formula I of the instant application). Fujiwara discloses a vulcanizable BR resin comprising an organosilane grafted to the backbone of BR that may be a triethoxysilane, wherein the component connecting the organosilane to the BR backbone is a C 2 alkyl group (abstract, formula (1)): PNG media_image1.png 162 394 media_image1.png Greyscale A person having ordinary skill in the art as of the effective filing date of the instant application would have found it obvious to see the organosilane group for beneficial use in vulcanizable compositions as shown in Gruendken and Fujiwara, and to apply the connecting structure of Fujiwara to the modified liquid butadiene of Gruendken for the benefit of increased rubber-filler interaction, additionally, the person of ordinary skill would add the modified liquid BR and further the SSBR as taught by Gruendken to the composition of Miyazaki because it is an obvious combination of prior art elements according to known methods to yield predictable results. Regarding claim 13 and 16, the composition of Miyazaki in view of Gruendken and Fujiwara applies as described above with respect to the average molecular weight of the modified liquid BR. Regarding claims 14 and 15, the composition of Miyazaki in view of Gruendken and Fujiwara applies as described above with respect to the cis content of the modified BR rubber of Miyazaki. Regarding claims 17 and 18, the composition of Miyazaki in view of Gruendken and Fujiwara applies as described above with respect to the structure of the organosilane. Regarding claim 19, it is the examiner’s position that it would have been obvious to one of ordinary skill in the art to expect similar beneficial results with compounds having only additional –CH2– groups. Case laws holds that homologs (compounds differing regularly by the successive addition of the same chemical group, e.g., by –CH2– groups) are generally of sufficiently close structural similarity that there is a presumed expectation that such compounds possess similar properties. In re Wilder, 563 F.2d 457, 195 USPQ 426 (CCPA 1977). Regarding claims 20-24, the composition of Miyazaki in view of Gruendken and Fujiwara applies as described above with respect to the number of organosilicon groups per molecule (functionality), the type of modified diene polymer, the amount of and kind additional diene polymer (100 phr SSBR from Gruendken). Regarding claim 25, the composition of Miyazaki in view of Gruendken and Fujiwara applies as described above. Miyazaki further teaches that natural polyisoprene is a fitting diene rubber for the composition and exemplifies the amount of diene rubbers in the composition as ranging from 20-100 phr (paragraph [0038]; Table 1). A person having ordinary skill would have found it obvious to use natural isoprene for the composition in the claimed amounts to arrive at the expected result of the claimed mixture. Regarding 27 and 28, the composition of Miyazaki in view of Gruendken and Fujiwara applies as described above with respect to the solution polymerized butadiene rubber and its cis content, the modified diene polymer and the corresponding organosilicon, and the amount of silica. Regarding claims 26 and 29, the composition of Miyazaki in view of Gruendken and Fujiwara applies as described above. Miyazaki further teaches a tire having tread comprising the composition of Miyazaki. A person having ordinary skill would have found it obvious to apply the composition of Miyazaki in view of Gruendken and Fujiwara to a tire and tread to arrive at the expected result of the claimed tire and tread . Conclusion 07-96 AIA The prior art made of record and not relied upon is considered pertinent to applicant's disclosure : Sawaki (US 20200391550 A1), teaches functionalized solution-polymerized polybutadiene. 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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If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /KOLTON JONES/Examiner, Art Unit 1763 /JOSEPH S DEL SOLE/Supervisory Patent Examiner, Art Unit 1763 Application/Control Number: 18/570,648 Page 2 Art Unit: 1763 Application/Control Number: 18/570,648 Page 3 Art Unit: 1763 Application/Control Number: 18/570,648 Page 4 Art Unit: 1763 Application/Control Number: 18/570,648 Page 5 Art Unit: 1763 Application/Control Number: 18/570,648 Page 6 Art Unit: 1763 Application/Control Number: 18/570,648 Page 7 Art Unit: 1763 Application/Control Number: 18/570,648 Page 8 Art Unit: 1763 Application/Control Number: 18/570,648 Page 9 Art Unit: 1763
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