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
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 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 non-obviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 1-7 are rejected under 35 U.S.C. 103 as being unpatentable over TOHYAMA (U.S. Publication No. 2012/0289640, hereinafter TOHYAMA) in view of WO 2020/0066550 as evidenced by Technical Data Sheet from MOMENTIVE.
To further advance the prosecution of this invention, OKAHISA et al. (U.S. Publication No. 2021/0206944, hereinafter OKAHISA) which is an English equivalent of WO 2020/0066550 will be used in the rejection.
Regarding claims 1-3 and 7, TOHYAMA teaches a vibration-isolating rubber composition containing components (A), (B), (C), and (D) wherein (Abstract; [0007-0011])
component (A) is diene rubber;
(B) silica having all the properties (α), (β), and (γ):
(α) a silanol group density of the silica surface of 3 groups/nm2 or more (in the range of 3 to 30 groups/nm2 [0029]),
(β) an average particle diameter of 10 µm or less (in the range of 2 to 10 µm [0032]),
(γ) a BET specific surface area of 15 to 60 m2/g wherein the amount of 10 to 100 parts by weight of 100 parts of the diene rubber component (component A) [0037];
(C) a silane coupling agent in the amount of 0.5 to 10 parts relative to 100 parts of the diene rubber (component A) [0047].
The vibration-isolating rubber composition can also be used in applications of damping (vibration control) devices and seismic isolators, such as a vibration damper of a hard disk of computers, a vibration damper of general household electric appliances such as a washing machine, and a damping wall and a vibration damper (vibration controller) for architectural structures in the fields of architecture and houses [0017 and 0116].
However, TOHYAMA does not teach (C) a silane coupling agent having a sulfide group and a mercapto group in a molecule.
In the same field of an anti-vibration rubber composition [000011], OKAHISA teaches the composition contains a (A) diene rubber; (B) silica; and (D) silane coupling agent (Abstract; [0033]). The silica (B) and the diene rubber (A) are bonded via the silane coupling agent (D) and the durability of the anti-vibration rubber can be further improved [0034]. The silane coupling (D) includes at least one selected from a sulfide silane coupling agent and a mercapto silane coupling agent [0011 and 0035-0037]. The amount of silane coupling agent is 0.5 to 20 parts by weight (more specifically, 1 to 10 parts) with respect to 100 parts by weight of the diene rubber (A) [0041]. An exemplified silane coupling agent is NXT Z45 manufactured by MOMENTIVE [0093-0094]. As evidenced by Technical Data Sheet from MOMENTIVE, NXT Z 45 has a chemical structure as follows:
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which comprises a sulfide group and a mercapto group in a molecule as claimed.
Silica compounds coupled with NXT Z 45 silane exhibit improved silica dispersion, easier mixing and faster pliable processing.
The anti-vibration rubber composition can be used to form a member which can be used for seismic control (vibration control) device and a seismic isolation device such as a vibration control damper on general home appliances such as washing machine, and a seismic control wall or a seismic control (vibration control) damper for construction in the field of construction and housing [0065].
Given TOHYAMA teaches vibration-isolating rubber composition containing a silane coupling agents, it would have been obvious to a person of ordinary skill in the art to have substituted the silane coupling agent of TOHYAMA with the silane coupling agent (i.e., NXT Z45) of OKAHISA for the benefit of obtaining improved properties including durability, silica dispersion, and processability as discussed by OKAHISA and the Technical Data Sheet from MOMENTIVE. It is prima facie obvious to combine two compositions each of which is taught by the prior art to be useful for the same purpose, in order to form a third composition to be used for the very same purpose, see In re Kerkhoven, 626 F.2d 846,850,205 USPQ 1069, 1072 (CCPA 1980).
Regarding claim 4, TOHYAMA teaches the vibration-isolating rubber composition contains carbon black in an amount that does not affect the properties of the vibration-isolating rubber composition [0053].
Regarding claims 5 and 6, TOHYAMA teaches the vibration-isolating rubber composition contains carbon black in an amount that does not affect the properties of the vibration-isolating rubber composition [0053].
However, TOHYAMA does not teach is 0.1 to 5 parts by mass and wherein the BET specific surface area of the carbon black (D) is 10 to 150 m2/g,
OKAHISA teaches the anti-vibration rubber composition contains (C) carbon black [0015 and 0027] in the amount of 0.1 to 5 part by weight with respect to 100 parts by weight of the diene rubber (A) from the viewpoint of durability and weather resistance [0031]. An example carbon black is black N330 [0083-0084]. It is well-known that carbon black N330 has a BET specific surface area of between 75 and 83 m2/g.
Given TOHYAMA allows the vibration-isolating rubber composition further comprises carbon black [0053], it would have been obvious to a person of ordinary skill in the art to have provided the carbon black (N330) of OKAHISA for the benefit of obtaining properties in durability and weather resistance as taught by OKAHISA. It is well settled that it is prima facie obvious to combine two ingredients, each of which is targeted by the prior art to be useful for the same purpose. In re Linder 457 F,2d 506,509, 173 USPQ 356, 359 (CCPA 1972).
Claims 1-7 are rejected under 35 U.S.C. 103 as being unpatentable over JP 2009-256576A (hereinafter, TOYAMA) in view of WO 2020/0066550 as evidenced by Technical Data Sheet from MOMENTIVE.
To further advance the prosecution of this invention, OKAHISA et al. (U.S. Publication No. 2021/0206944, hereinafter OKAHISA) which is an English equivalent of WO 2020/0066550 will be used in the rejection.
Regarding claims 1-3 and 7, TOYAMA teaches an anti-vibration rubber composition comprising (pp. 2-3) (A) diene rubber, (B) silica having an average particle diameter size of 10 µm or less (more specifically, in the range of 2 to 10 µm (p. 6)) in the amount of 10-100 with respect to 100 weight part of said diene rubber (A) (p. 3), and (C) a silane coupling agent (p. 2) in the amount of 0.5 to 10 parts relative to 100 parts of the diene rubber (A) (p. 8). The silica (B) has the following characteristics (α) and (β): (α) silanol group density is 3.0 groups/ nm2 or more (specifically, 3 to 30 groups/ nm2 ) and (β) BET specific surface area of 15 to 60 m2/g (p. 6).
The anti-vibration rubber composition is used for an engine mount or the like for suppressing vibration support and an engine support function of an automobile (p. 5).
However, TOYAMA does not teach (C) a silane coupling agent having a sulfide group and a mercapto group in a molecule.
In the same field of an anti-vibration rubber composition [000011], OKAHISA teaches the composition contains a (A) diene rubber; (B) silica; and (D) silane coupling agent (Abstract; [0033]). The silica (B) and the diene rubber (A) are bonded via the silane coupling agent (D) and the durability of the anti-vibration rubber can be further improved [0034]. The silane coupling (D) includes at least one selected from a sulfide silane coupling agent and a mercapto silane coupling agent [0011 and 0035-0037]. The amount of silane coupling agent is 0.5 to 20 parts by weight (more specifically, 1 to 10 parts) with respect to 100 parts by weight of the diene rubber (A) [0041]. An exemplified silane coupling agent is NXT Z45 manufactured by MOMENTIVE [0093-0094]. As evidenced by Technical Data Sheet from MOMENTIVE, NXT Z 45 has a chemical structure as follows:
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which comprises a sulfide group and a mercapto group in a molecule as claimed.
Silica compounds coupled with NXT Z 45 silane exhibit improved silica dispersion, easier mixing and faster pliable processing.
The anti-vibration rubber composition can be used to form a member including a vulcanized body of the anti-vibration rubber composition used as a constituent member of an engine mount, stabilizer bush, a suspension bush, a motor mount, a subframe mount and the like which are used in an automobile vehicle or the like [0064].
Given TOYAMA teaches vibration-isolating rubber composition containing a silane coupling agents, it would have been obvious to a person of ordinary skill in the art to have substituted the silane coupling agent of TOYAMA with the silane coupling agent (i.e., NXT Z45) of OKAHISA for the benefit of obtaining improved properties including durability, silica dispersion, and processability as discussed by OKAHISA and the Technical Data Sheet from MOMENTIVE. It is prima facie obvious to combine two compositions each of which is taught by the prior art to be useful for the same purpose, in order to form a third composition to be used for the very same purpose, see In re Kerkhoven, 626 F.2d 846,850,205 USPQ 1069, 1072 (CCPA 1980).
Regarding claims 4-6, TOYAMA teaches the anti-vibration rubber composition comprises carbon black (p. 3). The carbon black having an average particle diameter of more than 100 nm and not more than 200 nm is blended in an amount of 5 to 15 parts by weight based on 100 parts by weight of the diene rubber (A) (pp. 6 and 13). Examples of carbon black used in the composition (p. 11) include Asahi #15 which is well-known to have a BET specific surface area of 12 m2/g and Asahi # 50U which is well-known to have a BET specific surface area of 27 m2/g.
Pertinent Art
KIMURA et al. (U.S. Publication No. 2008/0242792), one of the closest prior art, fails to teach the claimed component (C). KIMURA teaches an antivibration rubber composition containing diene rubber (A) and silica (B) wherein silica (B) has a surface silanol group density of not less than 3.0 groups/nm2 and a BET specific surface area of 15 to 60 m2/g. However, KIMURA does not teach (C) a silane coupling agent having a sulfide group and a mercapto group in a molecule. Therefore, KIMURA fails to disclose or render obvious the present invention.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DEVE V HALL whose telephone number is (571)270-7738. The examiner can normally be reached M-F, 9 am-5 pm, EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Joseph Del Sole can be reached at (571) 272-1130. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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DEVE V. HALL
Primary Examiner
Art Unit 1763
/DEVE V HALL/Primary Examiner, Art Unit 1763
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