Prosecution Insights
Last updated: July 17, 2026
Application No. 19/136,039

RUBBER COMPOSITION

Non-Final OA §103
Filed
Jun 05, 2025
Priority
Dec 08, 2022 — FR 2212976 +1 more
Examiner
FISCHER, JUSTIN R
Art Unit
1749
Tech Center
1700 — Chemical & Materials Engineering
Assignee
Compagnie Générale des Établissements Michelin
OA Round
1 (Non-Final)
44%
Grant Probability
Moderate
1-2
OA Rounds
2y 3m
Est. Remaining
46%
With Interview

Examiner Intelligence

Grants 44% of resolved cases
44%
Career Allowance Rate
732 granted / 1654 resolved
-20.7% vs TC avg
Minimal +2% lift
Without
With
+2.2%
Interview Lift
resolved cases with interview
Typical timeline
3y 4m
Avg Prosecution
73 currently pending
Career history
1749
Total Applications
across all art units

Statute-Specific Performance

§103
87.6%
+47.6% vs TC avg
§102
3.3%
-36.7% vs TC avg
§112
4.4%
-35.6% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1654 resolved cases

Office Action

§103
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 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) 1-18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Araujo Da Silva (US 2017/0198114) and further in view of Mougin (WO 2015/162053, 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) 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). Additionally, the rubber composition of Araujo da Silva includes silica and a silane coupling agent (Paragraphs 77 and 84). In such an instance, though, Araujo da Silva fails to teach the claimed silane coupling agent. Mougin is similarly directed to a tire rubber composition including silica. Mougin teaches the use of the claimed silane coupling agent (formula I on Page 12) to provide an improved combination of strength, hysteresis, and Mooney viscosity. One of ordinary skill in the art would have found it obvious to select the claimed silane coupling agent as the silane coupling agent in the rubber composition of Araujo da Silva for the benefits detailed above. With respect to claims 2 and 16, Araujo da Silva teaches the use of 1,3-butadiene (Paragraph 65). As to claims 3-5, 17, and 18, Araujo Da Silva teaches the inclusion of 71 mole % of ethylene units (Paragraph 120). Regarding claim 6, 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 claims 7 and 19, Araujo da Silva suggests the exclusive use of silica (Paragraph 77). As to claims 8 and 9, G2 can include a group having between 1 and 18 carbon atoms and when n=0, an alkoxy group as required by the claimed invention would be present. Regarding claim 10, G1 can be an alkyl group having between 1 and 18 carbon atoms. With respect to claim 11, G4 can be a phenyl group (Ph is used in the exemplary agents listed on Page 13). With respect to claims 12 and 13, an exemplary agent in Mougin includes the claimed Z group (Page 13, Line 36). Regarding claim 14, a= 1, 2, or 3 (bottom of Page 12). Conclusion 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. 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, 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. 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. Justin Fischer /JUSTIN R FISCHER/Primary Examiner, Art Unit 1749 July 2, 2026
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Prosecution Timeline

Jun 05, 2025
Application Filed
Jul 07, 2026
Non-Final Rejection mailed — §103 (current)

Precedent Cases

Applications granted by this same examiner with similar technology

Patent 12679144
HEAVY DUTY TIRE
1y 4m to grant Granted Jul 14, 2026
Patent 12668691
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Patent 12654496
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2y 6m to grant Granted Jun 16, 2026
Patent 12643349
PNEUMATIC TIRE
4y 9m to grant Granted Jun 02, 2026
Patent 12629968
HEAVY DUTY TIRE
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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

1-2
Expected OA Rounds
44%
Grant Probability
46%
With Interview (+2.2%)
3y 4m (~2y 3m remaining)
Median Time to Grant
Low
PTA Risk
Based on 1654 resolved cases by this examiner. Grant probability derived from career allowance rate.

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