11126503 (B.P.A.I. Sep. 23, 2010)

Ex Parte Fitzharris Wall

Board of Patent Appeals and InterferencesSep 23, 2010

11126503 (B.P.A.I. Sep. 23, 2010)

UNITED STATES PATENT AND TRADEMARK OFFICE UNITED STATES DEPARTMENT OF COMMERCE United States Patent and Trademark Office Address: COMMISSIONER FOR PATENTS P.O. Box 1450 Alexandria, Virginia 22313-1450 www.uspto.gov APPLICATION NO. FILING DATE FIRST NAMED INVENTOR ATTORNEY DOCKET NO. CONFIRMATION NO. 11/126,503 05/11/2005 Jennifer Elizabeth Fitzharris Wall 2003197P03 4225 27280 7590 09/24/2010 THE GOODYEAR TIRE & RUBBER COMPANY INTELLECTUAL PROPERTY DEPARTMENT 823 1144 EAST MARKET STREET AKRON, OH 44316-0001 EXAMINER FISCHER, JUSTIN R ART UNIT PAPER NUMBER 1791 MAIL DATE DELIVERY MODE 09/24/2010 PAPER Please find below and/or attached an Office communication concerning this application or proceeding. The time period for reply, if any, is set in the attached communication. PTOL-90A (Rev. 04/07) UNITED STATES PATENT AND TRADEMARK OFFICE ____________ BEFORE THE BOARD OF PATENT APPEALS AND INTERFERENCES ____________ Ex parte JENNIFER ELIZABETH FITZHARRIS WALL ____________ Appeal 2009-015279 Application 11/126,503 Technology Center 1700 ____________ Before EDWARD C. KIMLIN, CATHERINE Q. TIMM, and LINDA M. GAUDETTE, Administrative Patent Judges. KIMLIN, Administrative Patent Judge. DECISION ON APPEAL1 This is an appeal from the final rejection of claims 1-9, 11-13, 19-26, and 32-36. We have jurisdiction over the appeal pursuant to 35 U.S.C. § 6. Claim 1 is illustrative: 1 The two-month time period for filing an appeal or commencing a civil action, as recited in 37 C.F.R. § 1.304, or for filing a request for rehearing, as recited in 37 C.F.R. § 41.52, begins to run from the “MAIL DATE” (paper delivery mode) or the “NOTIFICATION DATE” (electronic delivery mode) shown on the PTOL-90A cover letter attached to this decision. Appeal 2009-015279 Application 11/126,503 2 1. A pneumatic rubber tire having a built-in black colored puncture sealing layer, wherein said puncture sealing layer contains an at least partially organoperoxide-deploymerized butyl rubber-based sealant layer positioned between a halobutyl rubber tire innerliner and a conjugated diene- based tire carcass, and wherein said puncture sealing layer is comprised of, based upon parts by weight per 100 parts by weight of said partially depolymerized butyl rubber, and wherein, however, and provided that said puncture sealing layer has a low strain storage modulus (G') dynamic viscoelastic property (100°C, 5 percent dynamic strain and 1 hertz) in a range of from about 1 to about 100 kPa; (A) a partially organoperoxide-depolymerized butyl rubber as a copolymer of isobutylene and isoprene, wherein said butyl rubber, prior to such depolymerization, is comprised of about 0.5 to about 5 percent units derived from isoprene, and correspondingly from about 95 to about 99.5 weight percent units derived from isobutylene; (B) about 24 to about 100 phr of particulate reinforcing filler comprised of about 4 to about 50 phr of carbon black, so long as the carbon block content of said puncture sealing layer is sufficient to color the said puncture sealing layer black; and: (1) about 20 to about 50 phr of synthetic amorphous precipitated silica, or (2) about 15 to about 30 phr synthetic amorphous precipitated silica and about 5 to about 20 phr of clay, or (3) about 15 to about 30 phr synthetic amorphous precipitated silica and about 5 to about 20 phr of calcium carbonate, or (4) about 15 to about 30 phr synthetic amorphous precipitated silica, about 5 to about 15 phr of clay and about 5 to about 15 phr of calcium carbonate; Appeal 2009-015279 Application 11/126,503 3 (C) from zero to 6 phr of short organic fibers; (D) from zero to about 20 phr of rubber processing oil; wherein said synthetic amorphous silica, and clay and calcium carbonate where used, is treated prior to addition to said organoperoxide either in situ within the rubber composition or by pre-treatment of said silica prior to its addition to the rubber composition to inhibit adsorption or absorption of said organoperoxide on the surface of said silica with a polyethylene glycol having a weight average molecular weight in a range of from about 2,000 to about 15,000. The Examiner relies upon the following references as evidence of obviousness: Kageyama US 4,300,614 Nov. 17, 1981 Egan US 4,895,610 Jan. 23, 1990 Josef WO 99/48813 Sep. 30, 1999 Schachtely US 7,022,375 B2 Apr. 4, 2006 The present application is closely related to parent, copending application, U.S. Serial No. 10/917,620, which application is also now presently before us on appeal (Appeal No. 2010-003337). The appealed claims of the present application recite a pneumatic rubber tire having a built-in black colored puncture sealing layer, whereas the claims in the related appeal recite a built-in non-black colored puncture sealing layer. The claimed puncture sealing layer of both applications comprises particulate reinforcing filler comprising precipitated silica that has been treated with polyethylene glycol. The appealed claims stand rejected under 35 U.S.C. § 103(a) as follows: (a) claims 1-5, 7, 9, 11-13, 20, 21, and 36 over Egan in view of Josef, (b) claims 6, 8, and 19 over Egan in view of Josef and Kageyama, Comment [CQT1]: because I suggested in the other cases Appeal 2009-015279 Application 11/126,503 4 (c) claims 22-26 and 33-35 over Egan in view of Josef and Schachtely, and (d) claim 32 over Egan in view of Josef, Schachtely and Kageyama.2 We have thoroughly reviewed each of Appellant's arguments for patentability, which, like the arguments presented in the related appeal, essentially focus upon the asserted nonobviousness of treating precipitated silica with polyethylene glycol. However, for the reasons set forth by the Examiner and those articulated in our decision in the related appeal, which we decide concurrently herewith, it is our judgment that it would have been obvious for one of ordinary skill in the art to pretreat the silica of Egan with polyethylene glycol for the advantages taught by Josef. Appellant bases no argument upon objective evidence of nonobviousness, such as unexpected results. In conclusion, based on the foregoing, the Examiner's decision rejecting the appealed claims is affirmed. No time period for taking any subsequent action in connection with this appeal may be extended under 37 C.F.R. § 1.136(a)(1)(v). AFFIRMED cam 2 The statement of the ejection of claim 32 at page 8 of the Answer omits the Josef reference. However, since the statement of the rejection references the rejection of claim 24, the independent claim upon which claim 32 depends, we will consider the omission to be harmless, inadvertent error. Appeal 2009-015279 Application 11/126,503 5 THE GOODYEAR TIRE & RUBBER CO. INTELLECTUAL PROPERTY DEPT. - 823 1144 EAST MARKET STREET AKRON OH 4436-0001