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 .
Election/Restrictions
Applicant's election with traverse of claims 1-8 in the reply filed on 5/28/2026 is acknowledged. The traversal is on the ground(s) that the previous Examiner did not explain how the claimed inventions, considered as a whole, fail to contribute over the cited reference. This is not found persuasive because the previous Examiner laid this clearly out on page 4, first and second paragraphs. The material is the common technical feature between the groups, and this material is found in the Johnson reference, thus the groups fail to contribute over the prior art. Additionally, the rejection herein shows another piece of prior art that shows the materials and method do not make a contribution over the prior art.
The requirement is still deemed proper and is therefore made FINAL.
Claim Rejections - 35 USC § 102
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.
Claims 1-9 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Paasche et al (Surface modification of ground rubber with trans-polyoctenamer; herein Paasche, already of record). Regarding claim 1, Paasche teaches:
(a) providing a mixture comprising: (i) a powder or a pelletized material comprising at least one elastomer, and (ii) one or more additives comprising at least one solid binder having a melting or a softening temperature (Tm) of 100°C or less, and ethylenically unsaturated functional groups (Page 17, TOR coating process, ground tire rubber (GTR) and solid trans-polyoctenamer (TOR) are combined)
(b) compacting the mixture, that has been heated to a temperature of less than 120°C, using a shaping tool to form a compact (Page 17, TOR coating process, the mixture of GTR and TOR are extruded. Since the extrusion and coating of the GTR requires that the TOR to melt (which as shown in Table 1 is 54-56 degrees C), then the mixture was heated to a temperature less than 120 degrees C)
(c) demoulding the compact, after cooling, at a temperature of less than Tm in order to obtain the compact comprising the crosslinkable material (the product would start to cool instantly after leaving the extruder, and eventual cooling would be below the Tm of the TOR)
Regarding claim 2:
As previously discussed Paasche teaches using ground tire rubber.
Regarding claims 3-5:
As previously discussed Paasche teaches using trans-polyoctenamer, which meets the requirements of claims 3-5.
Regarding claim 6:
Wherein the mixture provided in step (a) further comprises a crosslinking agent (Table 4, sulfur), and/or
Wherein the mixture provided in step (a) further comprises (iii) at least one polymer different from components (i) and (ii) (Table 4, SBR and NR are used in different formulations with the GTR-TOR)
Regarding claim 7, Paasche teaches:
Wherein the compaction in step (b) is performed under conditions under which the solid binder is formable and/or flowable (As previously discussed the TOR is melted)
Regarding claim 8, Paasche teaches:
Wherein the mixture is heated to a temperature in a range of 40°C to <120°C (As previously discussed the mixture is heated to at least the melting point of the TOR which is within the claimed range)
Regarding claim 9, Paasche teaches:
Wherein the demoulding in step (c) is performed at a temperature of 60°C or less (Since TOR is used the demolding would be below the melting point of TOR which is below 60 degrees C, as taught in Table 1 of Paasche)
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See the PTO-892 for references related to ground rubber combined with binder.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TIMOTHY J KENNEDY whose telephone number is (571)270-7068. The examiner can normally be reached Mon-Fri 8am-5pm.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Galen Hauth can be reached at 571-270-5516. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/TIMOTHY KENNEDY/Primary Examiner, Art Unit 1743
Prosecution Insights