Prosecution Insights
Last updated: August 16, 2026
Application No. 16/625,261

TIRE SUITABLE FOR RUNNING FLAT, PROVIDED WITH AN ELECTRONIC UNIT

Non-Final OA §103
Filed
Dec 20, 2019
Priority
Jun 22, 2017 — FR 1755689 +1 more
Examiner
FISCHER, JUSTIN R
Art Unit
1749
Tech Center
1700 — Chemical & Materials Engineering
Assignee
Compagnie Générale des Établissements Michelin
OA Round
8 (Non-Final)
44%
Grant Probability
Moderate
8-9
OA Rounds
0m
Est. Remaining
46%
With Interview

Examiner Intelligence

Grants 44% of resolved cases
44%
Career Allowance Rate
733 granted / 1658 resolved
-20.8% vs TC avg
Minimal +2% lift
Without
With
+2.3%
Interview Lift
resolved cases with interview
Typical timeline
3y 4m
Avg Prosecution
81 currently pending
Career history
1756
Total Applications
across all art units

Statute-Specific Performance

§103
70.8%
+30.8% vs TC avg
§102
13.5%
-26.5% vs TC avg
§112
11.9%
-28.1% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1658 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 . Continued Examination Under 37 CFR 1.114 A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on June 1, 2026 has been entered. 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. 4. Claim(s) 19, 20, 23-28, 35, and 36 is/are rejected under 35 U.S.C. 103 as being unpatentable over Jardine (US 2006/0090830, of record) and further in view of (a) Adamson (WO 03/105509, of record) and/or Randall (WO 2016/060851, of record) and (b) Takahashi (JP 2006-69297, of record). As best depicted in Figure 1, Jardine is directed to a runflat tire construction comprising a carcass 10 and a pair of runflat inserts 30 arranged axially inside said carcass and having a thickness between 3 mm and 20 mm (Table 1). In such an instance, though, Jardine is silent with respect to the inclusion of an electronic device in said runflat inserts. However, it is extremely well known and conventional to include electronic devices (e.g. RFID) in tire constructions in order to, among other things, provide tire informational data, as shown for example by Adamson (Page 1, 1st Paragraph) and/or Randall (Paragraph 2). One of ordinary skill in the art at the time of the invention would have found it obvious to include a conventional electronic device in the tire of Jardine for the benefits detailed above. Also, Adamson (Page 4) states that “the radio device 11 and antenna may be embedded in the tire structure or layered under rubber material in the tire 14 which forms a surface” and Randall (Paragraph 28) states that “the electronic device may be disposed between any two layers of the tire”. One of ordinary skill in the art at the time of the invention would have found it obvious to position an electronic device in any rubber layer of Jardine, including the runflat insert, in view of the general disclosures of Adamson and Randall, there being no conclusive showing of unexpected results for the claimed invention. Also, regarding claim 19, the runflat inserts of Jardine extend from a region near the rim flange to a region beyond an end of the belt (see Figures). Essentially the entire radial extent of said inserts is positioned at a height that is greater than 20 mm as measured from a radially inner point of the bead core (given the general order of dimensions in tire constructions). There is a reasonable expectation of success given the general disclosure of Adamson and Randall to include electronic devices between any number of common tire components (having any number of radial positions). Also, Applicant has not provided a conclusive showing of unexpected results for the claimed radial arrangement (lack of comparative examples in which (a) radial positioning is less than 20 mm as defined by the claimed invention or (b) radial positioning is within a zone radially inside or outside of that required by the claimed invention). Furthermore, regarding claim 19, sidewall insert 30 has a modulus between 5 and 13 MPa (Table 1). Jardine further states that the sidewall rubber (that rubber which is positioned axially outward of the carcass and is exposed to the tire outside- no reference character provided) is formed with a rubber composition demonstrating low elasticity modulus (Paragraph 88). While Jardine fails to expressly disclose a modulus value for the sidewall rubber, the common values associated with “low elasticity modulus” compositions used in tire sidewalls would satisfy the claimed quantitative relationship. Takahashi has been provided to evidence the common modulus values associated with tire sidewalls (Paragraph 23). In such an instance, “usual” or common modulus values between 1.0 MPa and 2.0 MPa are significantly less than 0.5 times a modulus of the hard rubber composition used in the sidewall runflat insert of Jardine (preferred modulus between 5 and 13 MPa). It is emphasized that said runflat insert of Jardine has a modulus at least 5 times greater than a modulus of a usual or common sidewall rubber. One of ordinary skill in the art at the time of the invention would have found it obvious to use a usual or common sidewall rubber in the tire of Jardine and such would result in a quantitative relationship in accordance to the claimed invention. Lastly, regarding claim 19 (and claim 23), the general disclosures of Adamson and Randall suggest any number of radial placements, including those encompassed by the claimed invention, and Applicant has not provided a conclusive showing of unexpected results for the claimed placements. Also, the language “thus achieving optimal radiofrequency communication between the electronic device and an external receiver” fails to further define the structure of the claimed tire article. With respect to claim 20, the sidewall insert of Jardine can be viewed as the combination of layers 30 and 70. In light of Adamson and Randall, one of ordinary skill in the art at the time of the invention would have found it obvious to position an electronic device between “any two layers of the tire” and such would encompass layers 30 and 70. Also, if the claims require that each of the rubber components that define the runflat insert have a modulus greater than 2 times that of the sidewall rubber (as opposed to average modulus of the runflat insert), it is noted that Jardine suggests a modulus as having as 4 MPa and such is between 2 and 4 times that of usual or common modulus values of tire sidewalls (as evidenced by Takahashi). Regarding claims 25-28, Adamson teaches the inclusion of an insulating coating 22 (e.g. butadiene rubber) having a smaller dieletric constant than the surrounding rubber (Page 2, 4th Paragraph and Page 4, last paragraph) With specific respect to claim 27, said coating is designed to eliminate electric discharges to the surrounding rubber and provide good adherence to both the antenna and the rubber (essentially an adhesive). One of ordinary skill in the art at the time of the invention would not have expected such a coating to have considerably large mechanical properties given the aforementioned function. As such, it reasons that the claimed modulus relationship would have been satisfied when modifying the tire of Kawabata with Adamson. Regarding claims 35 and 36, Adamson states that “a single tire may include one or several devices” (Page 4, 2nd paragraph). Also, the language “outer side of the tire” pertains to a mounted tire, while the claims are simply directed to a tire article (a tire has the capability of being mounted such that either sidewall is an “outer side”). 5. Claims 29 and 30 is/are rejected under 35 U.S.C. 103 as being unpatentable over Jardine, Adamson, Randall, and Takahashi as applied in claim 19 above and further in view of the Admitted Prior Art (APA, of record). As detailed above, Adamson and Randall recognize the known inclusion of RF devices in tire constructions to provide any number of information data. In terms of the structure of such a device, the AA recognizes that such devices are conventionally formed with an electronic chip and a radiating antenna (Paragraph 29). Regarding claim 30, Adamson teaches that the antenna body “is a wire formed of spring steel, brass coated spring steel, or spring brass” (Page 2, Lines 5). This language is seen to correspond with the claimed helical antenna segments. Also, antennas are commonly joined with a chip by soldering, for example, and such corresponds with the claimed galvanic connection. 6. Claims 31-34 is/are rejected under 35 U.S.C. 103 as being unpatentable over Jardine, Adamson, Randall, Takahashi, and the APA as applied in claim 29 above and further in view of Arnow (US 3,858,220, of record). As detailed above, one of ordinary skill in the art at the time of the invention would have found it obvious to include an RF device in the tire of Jardine in view of Adamson and/or Randall. More particularly, Adamson states that “the antenna body can be any body capable of transmitting radio frequency energy” (Page 2, 5th paragraph). Figure 1 depicts the presence of antennas connected to a central transponder or radio device. Figure 2 of Randall similarly depicts the presence of a pair of antennas and a RFID transponder in an exemplary construction (Paragraph 31). A fair reading of these references suggests the general use of any number of antenna arrangements. Arnow provides one example in which first and second antennas are combined with an additional inductive assembly having a plurality of wire windings (Column 4, Lines 3+). This would correspond with the primary antenna of the claimed invention. One of ordinary skill in the art at the time of the invention would have found it obvious to use any number of antenna configurations given the general disclosure of Adamson and Randall, including that taught by Arnow. Regarding claims 32-34, said primary antenna is positioned in a central zone between respective antennas, wherein an axis of all the coils are parallel to each other. Additionally, Arnow states that an inner diameter of the turns in the inductive assembly (primary antenna) are preferably about the same diameter of the coils in the adjacent antennas (those that correspond with the radiating antenna) (Column 4, Lines 3+). This disclosure includes embodiments in which said turns in the inductive assembly are smaller than those associated with the adjacent coils and such is seen to satisfy an interior arrangement as required by the claims. Response to Arguments 7. Applicant's arguments filed June 1, 2026 have been fully considered but they are not persuasive. Applicant argues that claim 19 recites “the electronic device is embedded in one of the sidewall inserts” and as can be clearly seen in Figures 1, rubber insert 44 does NOT form a surface and is instead entirely internal, separated from the outer surface by carcass reinforcement 37 on the radially and axially outer side, by inner liner 40 on the axially inner side, and by protective rubber 42 on the radially inner side. It is initially noted that rubber insert 30 of Jardine, in an analogous manner to the claimed invention, does NOT form a surface and is instead entirely internal, separated from the outer surface by carcass reinforcement 10 on the radially and axially outer side and by innerliner 40 on the axially inner side. When modifying the tire structure of Jardine, Adamson states that the radio device may be embedded in the tire structure itself, with exemplary locations between the carcass ply and the inner liner (Page 4, 2nd Paragraph). As detailed above, the insert of Jardine is positioned between a carcass ply and an innerliner and thus, when following the teachings of Adamson, one of ordinary skill in the art would have found it obvious to embed a radio device in rubber insert 30 of Jardine. It is emphasized that the alternate disclosure of Adamson in which a radio device is layered under rubber material in the tire that forms a surface fails to render the claims non-obvious- this simply constitutes an embodiment in which a radio device is layered under a sidewall, for example, and thus is not present on a tire surface. Randall similarly desires an electronic device placement that is not visible on a tire interior or exterior surface. More particularly, Randall teaches that the electronic device may be disposed between any two layers of the tire, with a specific suggestion to position said device between an innerliner and a body ply (carcass ply) (Paragraph 28). Thus, Adamson and Randall expressly teach tire constructions in which an electronic device is in fact embedded or positioned between a carcass and an innerliner. As to the radial placement, Applicant argues that the presently cited references do NOT disclose placement of the electronic device within the zone representing 25%, 45%, or 60% of the section height of the tire. It is emphasized that the exact radial placement of the electronic device is a function of where it is desired to measure a parameter, such as the temperature. It is emphasized that a zone that extends 60% of a tire section height from an axial line corresponding a radially inner surface of the bead core corresponds with a significant radial region and a fair reading of Adamson and Randall does not limit the radial placement of said device. As disclosed above, one of ordinary skill in the art would have found it obvious to use position an electronic device in an any number of radial locations in the tire of Jardine absent a conclusive showing of unexpected results. While Applicant asserts that the claimed arrangement results in improved performance of the device and mechanical endurance, Applicant has not provided experimental evidence to support these conclusions. Again, the exact radial placement is a function of where it is desired to measure a given parameter, such as temperature. Conclusion 8. 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 14, 2026
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Prosecution Timeline

Show 28 earlier events
May 24, 2025
Response after Non-Final Action
Sep 02, 2025
Non-Final Rejection mailed — §103
Mar 02, 2026
Response Filed
Apr 01, 2026
Final Rejection mailed — §103
Jun 01, 2026
Response after Non-Final Action
Jul 10, 2026
Request for Continued Examination
Jul 13, 2026
Response after Non-Final Action
Jul 16, 2026
Non-Final Rejection mailed — §103 (current)

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

8-9
Expected OA Rounds
44%
Grant Probability
46%
With Interview (+2.3%)
3y 4m (~0m remaining)
Median Time to Grant
High
PTA Risk
Based on 1658 resolved cases by this examiner. Grant probability derived from career allowance rate.

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