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 .
Priority
Acknowledgment is made of applicant’s claim for foreign priority under 35 U.S.C. 119 (a)-(d). The certified copy has been filed on April 22, 2024.
Information Disclosure Statement
The information disclosure statement submitted on April 23, 2024 has been considered by the examiner.
Claim Rejections - 35 USC § 112
Claims 22-41 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.
In claim 1, as presently recited, no distinction can be seen between the first partially C5 hydrogenated resin and the second fully hydrogenated C5 -based hydrogenated resins. This is because the “fully” hydrogenated resin also embraces “partially” hydrogenated resin, such as those containing “less than 5% olefinic protons” (page 11, lines 11-15/claim 36).
In claim 31, there is no express antecedent basis for “the olefinic proton content”.
Allowable Subject Matter
The present claims are deemed allowable over the prior art of record in that said art neither discloses nor renders obvious a rubber composition comprising all of the presently claimed components. JP 2021098758 A (Mieno), illustrative of the closest prior art of record, discloses a rubber composition comprising (A) a rubber component including (A1) a modified styrene butadiene copolymer having a glass transition temperature of higher than -50°C (A1) and (A2) an additional rubber such as natural rubber, (B) a filler, (C) a thermoplastic resin having 60% or more of hydrogenated unsaturated bonds including (C1) a hydrogenated C9 resin or hydrogenated C5/C9 resin and (C2) a C5 resin without hydrogenation and (D) a low-temperature softener. Mieno does not disclose or suggest the further inclusion of a partially hydrogenated C5 resin. Indeed, by disclosing that the thermoplastic resin (C) can further include (C2) a C5 resin without hydrogenation, Mineo teaches away from using the presently claimed first partially hydrogenated C5 resin. An extensive search has failed to reveal any additional prior art that would fairly teach, suggest or provide motivation to arrive at the presently claimed subject matter.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Ana L Woodward whose telephone number is (571)272-1082. The examiner can normally be reached M-F 8am-5pm.
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/ANA L. WOODWARD/Primary Examiner, Art Unit 1765
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