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 § 112
Claims 16-31 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 16, it is unclear whether only one, as opposed to both, of the R1 and R2 groups can be -OR3.
In claim 17, the basis upon which the recited mol% is to be determined is not apparent. That is, is it based on total composition or solely on 100 mol% of just the recited components?
In claims 24-26, “and mixtures thereof” is redundant to the antecedently-recited “at least one”.
Allowable Subject Matter
Claims 16-31 would be allowable if rewritten or amended 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.
The present claims are deemed allowable over the prior art of record in that said art neither anticipates nor renders obvious an elastomeric composition comprising the presently claimed compound of formula (I). US 2021/0171670 (Salit), the closest prior art of record, discloses an elastomeric composition comprising a diene-based polymer and a 1,3-dipolar compound containing an epoxide group of formula
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43
83
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attached to a unit of formula
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104
104
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, wherein four of the five R1 to R5 groups are each an atom or a group of atoms and the fifth group includes the epoxide group. Salit prefers compounds wherein groups R1, R3 and R5 are each a hydrocarbon-based group and groups R2 or R4 includes the attached epoxide group, such as the compound of formula
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92
221
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. In essence, Salit’s preferred 1,3-dipolar compounds differ from the presently claimed compound of formula (I) in that groups R1 and R5 are not each hydrogen and group R3 is not -OCH3. While Salit suggests that groups R1 and R5 can each be hydrogen, there is no disclosure or suggestion that group R3 can be -OCH3. Thus, Salit does not teach or suggest the presently claimed elastomeric composition.
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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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Heidi Kelley can be reached at 571-270-1831. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ANA L. WOODWARD/Primary Examiner, Art Unit 1765
