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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 8/23/2024 has been considered by the examiner.
Claim Objections
Claim 2 is objected to because of the following informalities: "and/or by the self-heating" in line 3 should read "and/or by . Appropriate correction is required.
Claim 13 objected to because of the following informalities: ". 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 8-11 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.
Regarding claim 8, the phrase "preferably " in lines 4 and 5 renders the claim indefinite because it is unclear whether the limitation(s) following the phrase are part of the claimed invention. See MPEP § 2173.05(d). Specifically, it is unclear if “preferably between 10-35% by weight”, “more preferably between 20-35% by weight”, “more preferably still between 3-15% by weight” are part of the claimed invention. For examination purpose, the limitations are not being read into the claim.
Claims 9-11 are rejected for dependence on claim 8.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1-7 and 12-19 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Rust (DE 102011112081 A1; translation as provided).
Regarding claim 1, Rust (DE 102011112081 A1) teaches a method for producing rubbery material ready for crosslinking (Figures 1, 5; paragraphs 0001, 0135), comprising
a continuous extrusion of crosslinked rubber, in grains and/or chips (paragraphs 0092-0094, devulcanization of rubber; elastomers whose molecules have undergone cross-linking; paragraph 0139, rubber and elastomers are fed into the extruder as chips), comprising:
- decrosslinking by mechanical shearing of said grains and/or chips of said crosslinked rubber and increasing the temperature (paragraphs 0112, 0119, to mechanically and/or thermally destroy the crosslinking in waste rubber and elastomers; paragraph 0147, When the waste rubber is kneaded and heated according to the invention, the sulfur compound is broken down; paragraph 0176, the EPDM is heated to a temperature of 300 degrees Celsius) until a decrosslinked paste is formed,
- cooling of the decrosslinked paste (paragraphs 0185-0186, The discharged EPDM is cooled between cooling rollers 25), and
- mixing of the cooled decrosslinked paste with at least one crosslinking agent (paragraphs 0217-0218, introducing the crosslinking agent into the extruder), and collecting, at the end of this continuous extrusion process, a pasty mixture forming said rubbery material ready for crosslinking (paragraph 0162, crosslinking/vulcanization and the devulcanization can be carried out using the same system. Identical systems can also be used, whereby one devulcanizing system alone supplies the input material for a single or for several crosslinking/vulcanizing systems).
Regarding claim 2, Rust further discloses said increase in temperature is generated by an input of external thermal energy and/or by
Regarding claim 3, Rust further discloses said material ready for crosslinking has a crosslinking temperature, and in that said mixing of the cooled decrosslinked paste takes place at a temperature lower than this crosslinking temperature (paragraphs 0218-0219, crosslinking temperature is 170 degrees Celsius and temperature in the extruder is sufficiently below the crosslinking temperature to mixture the components).
Regarding claim 4, Rust further discloses it comprises additional cooling via forced convection of said rubbery material during collection (25 in Figure 1; paragraph 0185, are cooling rollers; which used forced convention as a primary heat transfer mechanism).
Regarding claim 5, Rust further discloses that said continuous extrusion further comprises compounding of the decrosslinked material with at least one additive, during or after its cooling (paragraph 0217, discloses mixing with accelerators or retarders).
Regarding claim 6, Rust teaches all the elements of claim 5 and further discloses said at least one additive to be added during compounding is chosen from reinforcing fillers, diluting fillers, plasticizers, oils, antioxidants, anti-ozone protectors and mixtures thereof (paragraphs 0217-0218, the recycled material (i.e., the decrosslinked material) is mixed with fresh EPDM which meets the limitation of a reinforcing or diluting filler).
Regarding claim 7, Rust further discloses said at least one crosslinking agent is chosen from elastomer crosslinking agents, sulphur, peroxides, metal oxides, phenolic resins and mixtures thereof (paragraph 0004, discloses crosslinking agent being sulfur; paragraph 0218, discloses crosslinking agent for use with EPDM (i.e., elastomer crosslinking agent) ).
Regarding claim 12, Rust teaches a device (Figures 1, 5) for producing rubbery material ready for crosslinking (paragraphs 0001, 0135), comprising
a continuous extrusion device (Figures 1, 5; paragraph 0162, Identical systems can also be used, whereby one devulcanizing system alone supplies the input material for a single or for several crosslinking/vulcanizing systems) comprising an upstream inlet end (inlet 2 in Figure 1) provided with a system for supplying (8; paragraph 0166, dosing line leads from container 8 into inlet 2) crosslinked rubber (paragraph 0167, is filled and closed with sulfur-crosslinked EPDM particles), in grains and/or chips (paragraph 0139, rubber and elastomers are fed into the extruder as chips), and a downstream end (module 4 in Figure 1, right-side portion) for collecting said rubbery material ready for crosslinking (paragraph 0162, one devulcanizing system alone supplies the input material for a single or for several crosslinking/vulcanizing systems), and, between these ends, successively a sector for decrosslinking (Figure 1, sections 3.1, 3.2, 3.3) said grains and/or chips coming from the supply system (8, 2), where said crosslinked rubber is transformed into a decrosslinked paste (paragraph 0216), a cooling sector (25 in Figure 1; 26 in Figure 1a), where the decrosslinked paste is cooled (paragraphs 0185-0186) and a mixing sector (paragraph 0218; first mix all other components of the EPDM; 8,2 in Figure 1 (paragraph 0162, one devulcanizing system alone supplies the input material for a single or for several crosslinking/vulcanizing systems)) provided with said downstream end, wherein at least one dosing device (injection ring 21 in Figure 1) is provided for introducing at least one crosslinking agent into the cooled decrosslinked paste (paragraph 0218, Liquid and gaseous crosslinking agents can be injected directly in the manner described above).
Regarding claim 13, Rust further discloses the continuous extrusion device is an extruder comprising the is a planetary roller extruder).
Regarding claim 14, Rust further discloses the continuous extrusion device comprises several successive extruders (paragraph 0162, Identical systems can also be used, whereby one devulcanizing system alone supplies the input material for a single or for several crosslinking/vulcanizing systems).
Regarding claim 15, Rust teaches all the elements of claim 14 and further discloses the continuous extrusion device comprises a first extruder, which comprises said upstream inlet end (inlet 2 in Figure 1), said decrosslinking (Figure 1, sections 3.1, 3.2, 3.3) and cooling (25 in Figure 1; 26 in Figure 1a) sectors in linear succession (as shown in in Figure 1) and an outlet for said cooled decrosslinked paste (module 4 in Figure 1, right-side portion), and a second extruder, which comprises an inlet, into which said cooled decrosslinked paste is fed directly from the outlet of the first extruder, said mixing sector and said downstream collection end (paragraph 0162, Identical systems can also be used, whereby one devulcanizing system alone supplies the input material for a single or for several crosslinking/vulcanizing systems).
Regarding claim 16, Rust further discless that, in the cooling sector (25 in Figure 1; 26 in Figure 1a), at least one feeding device is provided for introducing, into the decrosslinked paste, at least one additive (paragraphs 0217-0218, all other components of the EPDM are mixed prior to introducing crosslinking agent.
Regarding claim 17, Rust further disclose each of said sectors comprises a static barrel consisting of at least one barrel element and in each barrel element at least one screw (Figure 1; paragraph 0172, Modules 3.1 to 4 have the design of planetary roller extruders) driven rotationally by a motor (drive 1; paragraph 0165).
Regarding claim 18, Rust further discloses said system for supplying crosslinked rubber, in grains and/or chips, is a gravimetric doser (8 in Figure 1; paragraphs 0166-0167, is a dosing unit) connected by a pipe to the upstream inlet end (inlet 2) of the continuous extrusion device.
Regarding claim 19, Rust further discloses at least one barrel element of the decrosslinking sector is heated (paragraphs 0171-0176, sections/modules 3.1, 3.2 and 3.3, the EPDM is heated to a temperature of 300 degrees Celsius, and in extruder section/module 4 to a temperature of 220 degrees Celsius. The heating/cooling circuits 16, 17, 19, 20 ensure that the desired temperature is maintained).
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.
Claim(s) 8-11 are rejected under 35 U.S.C. 103 as being unpatentable over Rust as applied to claim 7 above, and further in view of Picchioni (US 2019/0276633 A1).
Regarding claims 8 and 9, Rust teaches all the elements of claim 7, but does not disclose said decrosslinked paste, obtained after the decrosslinking step, comprises a soluble fraction in an amount of between 1-40% by weight, relative to the total weight of the decrosslinked paste; nor in that the paste ready for crosslinking has a Mooney viscosity of between 10-120 determined according to the ISO-289 standard.
Picchioni teaches a method for reclaiming rubber, comprising: providing a starting material comprising a vulcanized rubber polymer; subjecting the starting material to mechanical stress and at a temperature of at least 200°C to achieve at least a partial destruction of the cross-links and the backbone structure of the rubber polymer into fragments; and reconstituting at least part of the fragments in the presence of a branching/grafting agent to obtain a renewed rubber composition (claim 1). Picchioni further discloses, within additions, an increase in the temperature results in a decrease in Mooney viscosity and an increase in the soluble fraction of the reclaimed rubber (Figures 1-3; paragraph 0068).
In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235 Where the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation. It would have been obvious to one having ordinary skill in the art to have determined the optimum values of the relevant process parameters through routine experimentation in the absence of a showing of criticality. It would have been obvious to one having ordinary skill in the art at the time the invention was made to optimize the amount of soluble fraction in the decrosslinked paste, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. One would have been motivated to optimize the soluble fraction for the purpose of obtaining a desired viscosity, as discussed by Picchioni.
Regarding claim 10, Rust, as modified by Picchioni, teaches all the elements of claim 9 and further discloses the decrosslinking step is carried out at a temperature below 350°C (paragraphs 0144, 0214 of Rust).
Regarding claim 11, Rust, as modified by Picchioni, teaches all the elements of claim 10, but does not disclose the successive steps of decrosslinking, cooling and mixing take place in a twin-screw type extruder. However, Rust teaches the use of twin-screw extruders are conventional in the art (paragraphs 0126-0127 of Rust) and further the use of a twin-screw extruder (27 in Figure 5; paragraph 0189). It would have been obvious for one skilled in the art to perform the steps of decrosslinking, cooling and mixing in a twin-screw extruder as Rust discloses this type is conventional in the art.
Claim(s) 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Rust, in view of Dussillols (WO 2020/094992 A1).
Regarding claim 20, Rust teaches all the elements of claim 20, but does not disclose at said downstream end for collecting said rubbery material ready for crosslinking, a system for cooling via forced convection of this material.
Dussillols teaches a method for processing natural rubber in order to stabilize the natural rubber, wherein the natural rubber is introduced in the form of a wet coagulum into an extruder that comprises a sheath and that is equipped with an injection device that comprises one or more orifices opening in the sheath, referred to as injection points, and a hole die at the end of the screw, then a viscosity stabilizer is injected into the natural rubber via the injection device (paragraphs 0012-0015). Dussillols further discloses the natural rubber is dried via convection (paragraphs 0039-0040) which provides the benefit of reduced energy consumption over conventional methods (paragraph 0051). One of ordinary skill in the art could have applied this known technique to the invention of Rust and the results would have been obvious to one skilled in the art. One would have been motivated to used forced convention to cool the rubbery material of Rust to reduce energy consumption of the system, as disclosed by Dussillols.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Zhang (US 2009/0082475 A1) discloses a process for devulcanization of vulcanized rubber by means of a co-rotating twin screw extruder at an extrusion temperature of between 150° C. and 320° C.
Arnaud (US 2015/0148435 A1) discloses a method of devulcanizing vulcanized rubber, comprising: providing at least one vulcanized rubber composition in chips or pellets; carrying out a non-degrading mechanical treatment to obtain a polymeric composition.
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/VIRAK NGUON/Examiner, Art Unit 1741 1/15/2026