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 .
Response to Amendment
Upon entry of the amendment filed on 03 March 2026, Claim(s) 21, 26, 28 and 29 is/are amended and Claim(s) 31 is/are added. The currently pending claims are Claims 1-31.
Based on applicants’ remarks and amendments (e.g. the amount and the type of antiozonant), the 112 rejections are withdrawn. However, they are not found persuasive regarding the Bosnyak and Peddini references and the rejections are maintained.
Claim Rejections - 35 USC § 102
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim(s) 21-30 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Bosnyak (US2013/0281612A1 – cited in the IDS).
Claims 21, 27 and 31: Bosnyak discloses a composition for tires comprising a plurality of discrete carbon nanotubes and an elastomer such as ESBR or natural rubber (abs, ¶15-26, 58, 64, 65, examples). In particular, Bosnyak does not require an antiozonant in various examples thus meeting the claimed less than 0.01wt% antiozonant (see examples 3 and 4). Bosnyak discloses loading amounts of 0.1-30 wt.% with various examples within the range (¶17-27, 44, examples) – thus meeting the claimed replacement limitation.
Claims 22: Bosnyak discloses the claimed elastomer such as ESBR, natural rubber and polybutadiene (¶26, 58 and examples).
Claims 23 and 24: Bosnyak discloses the CNTs and a length greater than 0.2 microns (¶17 and examples).
Claims 25, 26 and 30: Bosnyak discloses optional fillers such as carbon black, 6PPD, and additives such as epoxides, oils and antioxidant (¶56-59, 86 and examples).
Claims 28 and 29: Regarding the claimed ozone resistance property, if a prior art reference teaches the substantially identical composition product, it would be reasonable that the same function and/or property would be imparted or exhibited. See MPEP 2112.01. Applicant is welcomed to provide any evidence that the disclosed composition is exceedingly different from the claimed material - thus the claimed properties would inevitably not be present.
Claim(s) 21-30 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Peddini (US-20210284538-A1).
Claims 21, 27 and 31: Peddini discloses a composition for tires comprising a plurality of discrete carbon nanotubes and an elastomer such as nitrile rubber (abs, ¶8-15, Tables 3-14 with accompanying text). In particular, Peddini does not require an antiozonant in various examples thus meeting the claimed less than 0.01wt% antiozonant (see Tables 9 and 11). Peddini discloses various loading amounts of 20 wt.% (Fig 16 and Tables 3-14 with accompanying text) – thus meeting the claimed replacement limitation.
Claims 22: Peddini discloses the claimed elastomers such natural rubber, polybutadiene and styrene-butadiene(¶35, 62 and Tables 9-14).
Claims 23 and 24: Peddini discloses the MWCNTs and a length greater than 0.2 microns (¶91, examples and Fig 15 with accompanying text).
Claims 25, 26 and 30: Peddini discloses optional fillers such as carbon black, 6PPD, and additives such as plasticizers, oils and antioxidant (¶56, examples and Tables 3-14 with accompanying text).
Claims 28 and 29: Regarding the claimed ozone resistance property, if a prior art reference teaches the substantially identical composition product, it would be reasonable that the same function and/or property would be imparted or exhibited. See MPEP 2112.01. Applicant is welcomed to provide any evidence that the disclosed composition is exceedingly different from the claimed material - thus the claimed properties would inevitably not be present.
Response to Arguments
It is noted that the amendment has mooted the 112 rejections.
Applicant's arguments filed 03 March 2026 have been fully considered but they are not persuasive.
Applicant argues that the Bosnyak or Peddini reference does not recite a composition with less than 0.01 wt. % of antiozonant – e.g. examples 8-10 of Bosnyak (pg. 6-7).
The examiner respectfully disagrees and notes that both Bosnyak or Peddini discloses compositions wherein the antiozonant is not present – see examples 4-7 of Bosnyak or Tables 3-14 of Peddini. In view of the foregoing, the rejections are maintained.
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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/TRI V NGUYEN/Primary Examiner, Art Unit 1764
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