DETAILED ACTION
Applicant’s reply, filed 23 October 2025 in response to the non-final Office action mailed 9 September 2025, has been fully considered. As per Applicant’s filed claim amendments claims 1-6 are pending, wherein: claims 1-6 have been amended and claim 7 has been cancelled by this amendment.
Claim Objections
Claim 6 is objected to because of the following informalities: in the final two lines “and then adding CCB and” should instead be –and then adding the CCB and the--. Appropriate correction is required.
Claim Rejections - 35 USC § 112(b)
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 1-6 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 1, the recitation of “2,5-dimethyl-2,5-bis(hexyl) vulcanizing agent” is an incomplete recitation as “2,5-dimethyl-2,5-bis(hexyl)” does not recite a complete compound nor does such imply meaning as to what is intended by the recitation as multiple possibilities exist and the instant specification contains no definition, explanation or full recitation to support any specific meaning. This is a maintained rejection (see below) and includes claims 2-6 as they depend from claim 1.
Response to Arguments/Amendments
The objections to claims 1-2 and 4-7 are withdrawn in view of Applicant’s filed claim amendment which sufficiently overcome the set forth objections.
The 35 U.S.C. 112(b) rejections of claims 1-7 are withdrawn in view of Applicant’s filed claim amendments which sufficiently overcome the set forth objections with the exception of the above maintained rejection to claim 1 (see above).
Applicant argues that i) “2,5-dimethyl-2,5-bis(hexyl)” is a known commercial vulcanizing agent commonly used with VM/CCB rubbers and ii) that one of ordinary skill would understand that “2,5-dimethyl-2,5-bis(hexyl)” refers to “a “2,5-dimethyl-2,5-bis(hexyl)-based” vulcanizing agent. Applicant’s argument is not persuasive. With regards to the i) argument, it is noted that “2,5-dimethyl-2,5-bis(hexyl)” as recited by the instant claims/specification does not clearly or fully identify any ‘known commercial vulcanizing agent’. Applicant has not provided a known tradename or trademark in support of a ‘known’ commercial product explicitly recited as “2,5-dimethyl-2,5-bis(hexyl)”; nor has applicant provided an MSDS or otherwise identified a commercial seller/product of such, or provided some evidence equating “2,5-dimethyl-2,5-bis(hexyl)” as recited with any specific vulcanizing agent or other term thereof. With regards to the ii) argument, it is noted that as the specification and the claims recite only the term “2,5-dimethyl-2,5-bis(hexyl)” there is no support for the much broader concept of a 2,5-dimethyl-2,5-bis(hexyl)-based vulcanizing agent, whose metes and bounds would be even further unclear. As such, the meaning of the incomplete recitation of “2,5-dimethyl-2,5-bis(hexyl)” vulcanizing agent is not a meaning readily understood by one of ordinary skill in the art nor does any specific compound thereof find support in the instant specification.
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.
Correspondence
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JANE L STANLEY whose telephone number is (571)270-3870. The examiner can normally be reached M-F 7:30 AM to 3:30 PM.
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/JANE L STANLEY/Primary Examiner, Art Unit 1767
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