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 Objections
Claim 4 is objected to because of the following informalities: the 11th line states “washing wish ethyl ether” which is a clear typographical error and should read “washing with ethyl ether”. Appropriate correction is required.
Claims 4 and 8 recite “diethanolameine” which is a clear typographical error of “diethanolamine”. Appropriate correction is required.
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.
Claims 2, 4-8 are 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 2 and 4 recite the limitation "the nitrile butadiene latex". There is insufficient antecedent basis for this limitation in the claim.
Claim 4 recites the limitation "the product" several times. There is insufficient antecedent basis for this limitation in the claim. Furthermore, it is unclear whether each recitation of ‘the product’ is intended to refer to the same product or the product of the most recent step.
Claim 4 recites “the solvent” several times. There is insufficient antecedent basis for this limitation in the claim. It is noted that claim 7 refers to the solvent of step (4). Amending the solvent of claim 4 might affect the scope of claim 7.
Claim 4 recites the limitation "after reaction" several times. There is insufficient antecedent basis for this limitation in the claim. The steps leading to the statement do not recite a reaction occurs, therefore, there is an antecedent basis issue present.
Claims 5-6 recites the limitation "in (step 3)". There is insufficient antecedent basis for this limitation in the claim. Claims 5-6 depends from claim 1 which does not contain a step 3. However, claim 4 recites step 3. Therefore, it is suggested that claims 5-6 be amended to depend from claim 4.
Claim 5 recites a molar ratio of 2-aminoethoxy diphosphate and pentaerythritol and 4-(chloromethyl)benzaldehyde is 1:2.2-2.8. However, claim 5 recites three components, (1) of 2-aminoethoxy diphosphate and (2) pentaerythritol and (3) 4-(chloromethyl)benzaldehyde, but the ratio is only with respect to two components 1 : 2.2-2.8. It is unclear whether a third ratio is supposed to be present or whether one of the components is not supposed to be present.
Claims 7-8 recites the limitation "in (step 4)". There is insufficient antecedent basis for this limitation in the claim. Claims 7-8 depends from claim 1 which does not contain a step 4. However, claim 4 recites step 4. Therefore, it is suggested that claims 7-8 be amended to depend from claim 4.
Allowable Subject Matter
Claims 1, 3 are allowed.
Claims 2, 4-8 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Claim 1 recites a process of mixing 100 pbw NBR, 15-35 pbw reclaimed NBR, hyperbranched NBR-polyurethane, 20-40 pbw dioctyl phthalate, adding to a mill mixer, adding 0.5-1.2 pbw stearic acid, 0.6-1.5 pbw anti-deteriorant, milling and adding 0.5-1 pbw cumyl peroxide, 1-2 pbw triallyl isocyanurate, calendering, winding and sheeting, and vulcanizing.
Claims 2-8 depend from claim 1 and thus contain the same limitations.
Relevant prior art includes Wang (US 6,251,994) and Pillai (WO 99/48960).
Wang teaches a process of forming a vulcanizate which has a damping additive (abstract) where the damping additive is a hyperbranched polymer (col. 6, ln. 19-41) including a hyperbranched polymer formed by reacting a diisocyanate with a OH-polybutadiene (col. 13, ln. 56-60). Wang teaches adding this to 100 pbw butadiene rubber, 1.5 pbw stearic acid (col. 13, ln. 5-25). Wang fails to teach the hyperbranched polymer is derived from a nitrile-butadiene rubber. Wang fails to teach adding triallyl isocyanurate. Wang fails to teach adding an anti-deteriorant.
Pillai teaches a process for the manufacture of rubbers using reclaimed rubber (abstract, Table II). Pillai fails to teach using a hyperbranched polymer derived from a nitrile-butadiene rubber.Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ROBERT C BOYLE whose telephone number is (571)270-7347. The examiner can normally be reached Monday-Thursday, 10am-4pm.
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/ROBERT C BOYLE/Primary Examiner, Art Unit 1764
