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 .
Specification
The disclosure is objected to because of the following informalities:
Table 1 (pg 34) lists compositions C2 and C3. These appear to be typographical errors and should be T2 and T3 (see pg 34, lines 1-9).
Appropriate correction is required.
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.
Claims 16 and 19-32 are rejected under 35 U.S.C. 103 as being unpatentable over Araujo (WO2021123567, with English machine translation) in view of Veyland (WO 2011/045342, with US 2012/0283360 as English equivalent) and as evidenced by ASTM D1765 ("D1765 Standard Classification System for Carbon Blacks Used in Rubber Products"), and optionally further in view of Pallot (US 2020/0108666).
Regarding claim 16, Araujo discloses a tire, having an outer side and an inner side, the tire comprising a crown reinforcement and a radially outer tread ([0085]; see tire in Figs. 2 having outer and inner sides, belt 6, tread 5),
the tread comprising a plurality of tread pattern blocks oriented at least partially circumferentially and a plurality of grooves extending at least partially circumferentially, ([0085]; see circumferential grooves 71-74, with tread pattern blocks 51 defined between the grooves)
each circumferential groove being delimited by an axially internal lateral face, by an axially external lateral face, and by a groove bottom, ([0085]; see 7e, 7i, 7b in Fig. 2)
at least one of the tread pattern blocks having at least one circumferential reinforcing element made of a composition having a dynamic shear modulus G* at least twice a dynamic shear modulus G* of a composition of a remainder of the tread pattern blocks, ([0085]; Araujo discloses reinforcing elements 52 adjacent the groove walls in each of the tread embodiments, Fig. 2)
the at least one circumferential reinforcing element having an axial width which decreases progressively within increasing radial proximity to an outside ([0085]; Araujo discloses a triangular cross-section, see Figs. 2),
the axial width having a maximum value of less than 40% of an axial width of the tread pattern block, ([0085]),
wherein a covering is interposed axially between each circumferential groove and the at least one circumferential reinforcing element (see covering 51a, [0037]; Fig. 2),
wherein the at least one circumferential reinforcing element extends radially over a height h corresponding to 50% to 75% of a thickness p of the tread ([0038,0090]).
Araujo discloses the composition of the at least one circumferential reinforcing element is based on at least diene elastomer, a reinforcing filler, and a crosslinking system ([0041]). Araujo discloses a plasticizing hydrocarbon resin of less than 19 phr ([0071]) and a plasticizing oil of less than 33 phr ([0072[).
As to the reinforcing filler, Araujo discloses carbon black ([0056]), in particular of the 100, 200, 300 series ([0062]) and gives working example of N234 carbon black (Table 1; [0148]). While Araujo does not expressly disclose the STSA specific surface area of the carbon black, as evidenced by ASTM D1765, N234 carbon black has STSA area of 112 m2/g (see table, pg 2), which falls within the claimed range.
Araujo does not disclose the composition comprising an epoxy resin and amine-comprising curing agent; however, it would have been obvious to a person having ordinary skill in the art prior to the effective filing date of the invention to have configured the composition with epoxy resin and amine-comprising curing agent since Veyland, similarly directed towards tire rubber compositions, teaches providing an epoxide resin and polyamine curing agent in tire rubber compositions to improve low-strain stiffness while retaining an acceptable hysteresis ([0115]). As optional further evidence, Pallot discloses tire treads comprising stiff rubber reinforcing elements similar to Araujo wherein Veyland (WO2011/045342) is described as disclosing compositions suitable for forming circumferential reinforcing elements.
Regarding claim 19, Araujo discloses butadiene copolymers and isoprene copolymers ([0045-0046,0053]).
Regarding claims 20, 21, and 22, Araujo discloses carbon black ([0056]), in particular of the 100, 200, 300 series ([0062]) and gives a working example of N234 carbon black (Table 1; [0148]). As evidenced by ASTM D1765, N234 carbon black has STSA area of 112 m2/g, a COAN of 102 ml/g (see oil absorption no. compressed); and an iodine absorption number of 120 g/kg (see table, pg 2), said values falling within the claimed range.
Regarding claim 23, Araujo discloses the reinforcing filler may include carbon black, silica, or a mixture thereof ([0056]), thus disclosing carbon black can be only reinforcing filler.
Regarding claim 24, Araujo discloses reinforcing filler at 70 to 120 parts ([0063,0112]).
Regarding claim 25, Veyland discloses 1-20 phr of epoxy resin ([0074]).
Regarding claim 26, Veyland discloses the claimed resins ([0076]).
Regaridng claim 27, Veyland discloses 2,2-bis[4-(glycidyloxy)phenyl]propane and poly[(o-cresyl glycidyl ether)-co-formaldehyde] resins ([0076]).
Regarding claim 28, Veyland discloses amine comprising curing agent at 1-15phr ([0082]).
Regarding claim 29, Veyland discloses the amine curing agents ([0081]).
Regarding claim 30, Araujo discloses a dynamic shear modulus at 60C of 0.7 to 1.3 ([0032]).
Regarding claim 31, Araujo discloses liquid plasticizing oil at 20C ([0073]).
Regarding claim 32, Araujo discloses the recited plasticizing oils ([0075]).
Claims 16, 19-32 are rejected under 35 U.S.C. 103 as being unpatentable over Pallot (US 2020/0108666) in view of Veyland (WO 2011/045342, with US 2012/0283360 as English equivalent), Joseph (US 20150184054), and Birla Carbon ("Carbon Black 101") and as evidenced by ASTM D1765 ("D1765 Standard Classification System for Carbon Blacks Used in Rubber Products").
Regarding claim 16, Pallot discloses a tire, having an outer side and an inner side, the tire comprising a crown reinforcement and a radially outer tread (see tire in Figs. 1-8 having outer and inner sides, belt 6, tread 5),
the tread comprising a plurality of tread pattern blocks oriented at least partially circumferentially and a plurality of grooves extending at least partially circumferentially, (see circumferential grooves 71-74, with tread pattern blocks 51 defined between the grooves)
each circumferential groove being delimited by an axially internal lateral face, by an axially external lateral face, and by a groove bottom, (see 7e, 7i, 7b in Fig. 1, [0037])
at least one of the tread pattern blocks having at least one circumferential reinforcing element made of a composition having a dynamic shear modulus G* at least twice a dynamic shear modulus G* of a composition of a remainder of the tread pattern blocks, (Pallot discloses reinforcing elements 52 adjacent the groove walls in each of the tread embodiments, Figs, 1-8, [0015,0040]; dynamic shear modulus of element is more than twice that of the tread, [0027])
the at least one circumferential reinforcing element having an axial width which decreases progressively within increasing radial proximity to an outside (Pallot discloses a triangular cross-section, [0046], see Figs.),
the axial width having a maximum value of less than 40% of an axial width of the tread pattern block, ([0017,0042]),
wherein a covering is interposed axially between each circumferential groove and the at least one circumferential reinforcing element (see covering 51a, [0018]; Figs. 1, 2),
wherein the at least one circumferential reinforcing element extends radially over a height h corresponding to 50% to 75% of a thickness p of the tread ([0041]); Figs. 1 and 2 embodiments disclose 50% height, [0045]; and more broadly, height can range from 50% to 100% of thickness p of tread).
While Pallot discloses an example of a rubber formulation for the reinforcing element in Table 1, Pallot does not disclose the STSA value of the carbon black. Examiner notes that Pallot discloses compositions that are suitable for the reinforcing elements are described in particular in Veyland (WO2011/045342) (see [0050]). Veyland discloses rubber compositions comprising a diene elastomer, reinforcing filler, epoxy resin, amin-comprising curing agent, and a cross-linking system ([0021-0026]) wherein said composition provides greater low-strain stiffness than conventional compositions while retaining acceptable hysteresis ([0115]). Veyland discloses carbon black of the 100, 200, or 300 series as the reinforcing filler ([0051]). In particular, Veyland suggests N115, N134, N234, N375 as example carbon blacks ([0051]). As evidenced by ASTM D1765, these carbon blacks have STSA areas of 90m2/g or greater (see table, pg 2). As additional motivation, Birla Carbon discloses that finer particles lead to increased reinforcement, increased abrasion resistance, and improved tensile strength while the degree of porosity (NSA > STSA) can permit increased carbon black loading and increased compound modulus for a fixed loading (pgs 2-3).
It would have been obvious to a person having ordinary skill in the art prior to the effective filing date of the invention to have configured the reinforcing element with the rubber composition as claimed since (1) Pallot expressly suggests using rubber compositions disclosed by Veyland ([0050]); and (2) Veyland discloses rubber compositions comprising a diene elastomer, reinforcing filler, epoxy resin, amin-comprising curing agent, and a cross-linking system ([0021-0026]) wherein the reinforcing fillers include N100, N200, and N300 series carbon blacks such as N115, N134, N234, N375 ([0051], said carbon blacks having STSA areas greater than 90m2/g as evidenced by ASTM D1765). One would have been motivated to provide greater low-strain stiffness than conventional compositions while retaining acceptable hysteresis (see Veyland, [0115]). Furthermore, one would have been motivated to employ carbon blacks having high fineness (i.e., low series number) to obtain increased reinforcement, abrasion, tensile strength, and compound modulus as disclosed by Birla Carbon (pg 2-3).
Veyland discloses that the rubber composition comprises usual additives such as plasticizing agents, but does not expressly discuss plasticizing oil and plasticizing resin. It would have been obvious to a person having ordinary skill in the art prior to the effective filing date of the invention to have configured the rubber composition in Pallot with plasticizing resin and plasticizing oil as claimed since Joseph, similarly directed towards tire rubber compositions, teaches providing plasticizing resin and/or plasticizing oil in amounts of less than or equal to 30 phr to facilitate processing by reducing Mooney plasticity ([0102-0105,0109]).
Regarding claim 19, Veyland discloses the claimed rubbers ([0042]).
Regarding claim 20, as detailed above, Veyland discloses N100 and N200 series rubbers including N115, N134, N234 as specific examples ([0051]). As evidenced by ASTM 1765, these rubbers have STSA areas above 90m2/g (See table). Further, one would have been motivated to employ carbon blacks having high fineness (i.e., low series number) to obtain increased reinforcement, abrasion, tensile strength, and compound modulus as disclosed by Birla Carbon (pgs 2-3).
Regarding claim 21, as detailed above, Veyland discloses the reinforcing fillers include N100, N200, and N300 series carbon blacks such as N115, N134, N234, N375 ([0051]). As evidenced by ASTM 1765, these carbon blacks have COAN numbers greater than 75ml/100g (see values under "Oil Absorption No. Compressed Sample").
Regarding claim 22, as detailed above, Veyland discloses N100 and N200 series rubbers including N115, N134, N234 as specific examples ([0051]). As evidenced by ASTM 1765, these rubbers have iodine absorption numbers greater than 100 g/kg (See table). Further, one would have been motivated to employ carbon blacks having high fineness (i.e., low series number) to obtain increased reinforcement, abrasion, tensile strength, and compound modulus as disclosed by Birla Carbon (pgs 2-3).
Regarding claim 23, Veyland discloses carbon black by itself as the reinforcing filler ([0050,0057], see examples in Table 1).
Regarding claim 24, Veyland discloses 20 to 200 phr of carbon black ([0057]).
Regarding claim 25, Veyland discloses 1-20 phr of epoxy resin ([0074]).
Regarding claim 26, Veyland discloses the claimed resins ([0076]).
Regaridng claim 27, Veyland discloses 2,2-bis[4-(glycidyloxy)phenyl]propane and poly[(o-cresyl glycidyl ether)-co-formaldehyde] resins ([0076]).
Regarding claim 28, Veyland discloses amine comprising curing agent at 1-15phr ([0082]).
Regarding claim 29, Veyland discloses the amine curing agents ([0081]).
Regarding claim 30, Pallot discloses the tread has dynamic shear modulus G* of less than 1.3 MPa ([0028]).
Regarding claims 31 and 32, Joseph discloses liquid plasticizing oils such as paraffinic oils, napthenic oils, aromatic oils, mineral oils, and mixtures thereof ([0105-0106]).
Response to Arguments
Applicant’s arguments with respect to claims 16 and 19-32 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Joseph (US 2015/0184054) discloses rubber compositions for tires wherein plasticizing oils and/or resins are provided to facilitate processing ([0103]).
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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/ROBERT C DYE/Primary Examiner, Art Unit 3619