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 § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
3. Claim(s) 1-18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Araujo Da Silva (US 2017/0198114, of record) and further in view of Hamed (US 3,622,652, of record) and Kim (US 11,267,286, of record).
Araujo da Silva is directed to a rubber composition designed for tire treads (Abstract). More particularly, an exemplary composition includes 100 phr of an ethylene-1,3 butadiene copolymer rubber (elastomer E1- claimed saturated diene elastomer), 30 phr of carbon black (claimed reinforcing filler), and 1.5 phr of sulphur (claimed crosslinking system). With further respect to said copolymer rubber, Araujo Da Silva teaches the inclusion of 71 mole % of ethylene units (Paragraph 120). In such an instance, though, Araujo Da Silva is silent with respect to the inclusion of functional groups having a hydrocarbon group substituted by a tertiary amine.
Hamed is similarly directed to ethylene-diene based rubbers having applicability in tires (Column 1, Lines 10-50). More particularly, Hamed teaches the inclusion of alkyl acrylic monomers (functional groups), such as ethyl acrylate, octyl acrylate, and alkyl methacrylates, in order to improve abrasion resistance. One of ordinary skill in the art would have found it obvious to include alkyl acrylic monomers in the ethylene-butadiene copolymer of Araujo Da Silva for the benefits detailed above.
Lastly, regarding claim 1, while Hamed fails to specifically disclose the claimed type of acrylic functional group, it is well recognized that the general class of alkyl acrylic monomers disclosed by Hamed includes or encompasses the claimed type of acrylic functional group. Kim provides one example of a tire composition that includes a wide variety of acrylate functional groups, such as ethyl acrylate, octyl acrylate, and 2-(diethylamino)ethyl methacrylate (corresponds with claimed functional group) (Column 3, Lines 7-18). A wide variety of acrylate functional groups are extensively used in the tire industry and the general class of alkyl acrylate functional groups taught by Hamed would have been recognized as including that required by the claimed invention. It is emphasized that Kim teaches the alternative use of ethyl acrylate, octyl acrylate, and 2-(diethylamino)ethyl methacrylate (among other acrylates and methacrylates) in a tire composition, further suggesting that the disclosure of Hamed would have been recognized as encompassing 2-(diethylamino)ethyl methacrylate. One of ordinary skill in the art would have found it obvious to use the specific acrylate functional group required by the claimed invention to obtain improved abrasion resistance (any known position, including at respective ends, of the backbone would be expected to provide improved abrasion resistance).
With respect to claims 2-6 and 15-17, Kim teaches the use of 2-(diethylamino)ethyl methacrylate and such is identical to that required by the claimed invention.
Regarding claims 7-10, as detailed above, the composition of Araujo da Silva includes an ethylene-1,3 butadiene copolymer, wherein an ethylene content is 71 mole percent.
As to claim 11, the copolymer of Araujo da Silva includes the claimed units (Paragraph 32).
Regarding claim 12, Araujo da Silva teaches a random copolymer (Paragraph 27) and a random copolymer can be broadly viewed as a special case of a statistical copolymer.
With respect to claim 13, the composition of Araujo da Silva includes 20-70 phr of a reinforcing filler, such as silica (Paragraphs 77 and 96). Additionally, said composition is described as including carbon black and/or silica, which encompasses compositions in which the reinforcing filler is formed entirely of silica.
Response to Arguments
4. Applicant's arguments filed Jul 20, 2026 have been fully considered but they are not persuasive.
Applicant argues that the Examiner has not provided a reason why one of ordinary skill in the art would have found it obvious to select the specific functional group of claim 1 from the wide variety and many functional groups taught by Kim. As detailed in the rejection above, Hamed teaches the inclusion of functional groups that fall under the general class of alkyl acrylic monomers in order to improve abrasion resistance. One of ordinary skill in the art would have found it obvious to use any number of commonly used monomers that fall under the genus of alkyl acrylic monomers, including that required by the claimed invention, as shown for example by Kim. More particularly, there is a reasonable expectation of success when selecting any of the known and commonly used alkyl acrylic monomers, including that required by the claimed invention, in the composition of Da Silva.
Applicant further contends that it is well known by those having ordinary skill in the art that a graft polymer refers to a polymer having side polymeric chains. The Examiner respectfully disagrees. Constantinou (US 2020/0237048) has been provided to evidence, for example, a functionalized polymer formed by “grafting” maleic anhydride into the polymer backbone, end groups, or side groups (Paragraph 122). Thus, the term “grafting” does not on its face require a functionalized polymer formed by modifying a non-end group. One of ordinary skill in the art would have found it obvious to include the disclosed functional group in an end position (consistent with known structure of functionalized polymers), with the expectation that improved abrasion resistance would similarly be realized. It is further noted that Applicant has not provided any evidence to suggest a criticality for an end modification, as opposed to a side modification, with both types of modification being well known and commonly used in rubber or polymer applications.
Applicant contends that the claimed rubber composition achieves a reduction in hysteresis due to the functionalization of the chain end of the saturated diene elastomer. First, it is not required for a reference or combination of references to specifically identify benefits outlined by Applicant. Second, Hamed specifically motivates one having ordinary skill in the art to functionalize ethylene-diene based rubbers of Araujo da Silva with the general class of alkyl acrylic monomers (provides improved abrasion resistance).
Conclusion
5. 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.
6. Any inquiry concerning this communication or earlier communications from the examiner should be directed to JUSTIN R FISCHER whose telephone number is (571)272-1215. The examiner can normally be reached M-F 5:30-2:00.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Katelyn Smith can be reached at 571-270-5545. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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Justin Fischer
/JUSTIN R FISCHER/Primary Examiner, Art Unit 1749 July 29, 2026
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