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 title of the invention is not descriptive. A new title is required that is clearly indicative of the invention to which the claims are directed. The following title is suggested: Rubber sheet comprising crumb rubber particles .
The disclosure is objected to because it is confusing and contradicting the claims. At paragraph 00190, Sample 1 is recited as a control, and sample 2 is “according to the invention”. However, at paragraphs 00193 and 00194, the description is reverse: Sample 1 is recited as “according to the invention” while Sample 2 is recited as “the control” which is described as having “[t]he number of the crumb rubber particles substantially perpendicularly oriented to the longitudinal direction of the Sample 2 was 2.1 times of the number of the other crumb rubber particles not substantially perpendicularly oriented to the longitudinal direction of the Sample 2. Clearly, the “control” Sample 2 appears to produce crumb rubber particles that are substantially perpendicular to the longitudinal direction of the rubber sheet, which is supposed to be the invention, not control sample.
The disclosure is further objected to because of the acronym “phr” is used without first introducing the full term of the acronym.
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 6-8 and 14 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 6, the rubber composition is recited as “based on” a reinforcing filler, which is an additive. The term “based on” means that the composition predominantly comprises the described substance. However, a rubber composition cannot be based on a reinforcing filler because the filler is not the main ingredient in the rubber composition. Changing the term “based” to “comprised” (or words of similar meaning) would obviate this rejection.
Claims 7-8 suffer the same deficiency as claim 6 because “plasticizing agent” and “crosslinking system” are additives, not main ingredients in a rubber composition.
Claim 14 is indefinite because of the term “preferably”. It is unclear whether the limitations following “preferably” are part of the claim. See MPEP § 2173.05(d).
Allowable Subject Matter
Claims 1-5, 9-13 and 15-19 are allowed. Claims 6-8 and 14 would be allowed in amended to overcome the rejection under 35 112 as discussed above.
The following is a statement of reasons for the indication of allowable subject matter: None of the prior art references of record teach a rubber sheet comprising rubber particles substantially oriented perpendicular to the longitudinal direction of the rubber sheet. As shown in the instant specification, without the extra step of repeating the two roller calendering system; or the extra step of stacking, folding and cutting of the rubber sheet, rubber particles in the rubber sheet would not orient in the direction as claimed.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to HOA (Holly) LE whose telephone number is (571)272-1511. The examiner can normally be reached Monday to Friday, 10:00 am to 7:00 pm.
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HOA (Holly) LE
Primary Examiner
Art Unit 1788
/HOA (Holly) LE/Primary Examiner, Art Unit 1788