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 .
Response to Amendment
The Amendment filed Oct. 10, 2025 has been entered. Claims 1, 3-6, 8, 11-13, 22-33 remain pending in the application.
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.
Claims 1, 3-5, 32, 33 are rejected under 35 U.S.C. 103 as being unpatentable over Taniguchi (US 2019/0255889) in view of Rittweger et al. (DE102012105120, English translation provided) and Yuki et al. (JP2014118053, English translation provided).
Regarding claims 1, 3, 32, Taniguchi discloses that, as illustrated in Figs. 1-2, the projections 44 (i.e., the stone ejector) are substantially parallel to the shoulder block side(s) of the shoulder blocks 40 or 45 ([0057]).
Taniguchi discloses that, as illustrated in Figs. 1-2, the shoulder block (Fig. 1, item 45 ([0101])) is spaced laterally from the center block (Fig. 1, item 20 or 30 ([0082], [0091])) and oriented at an angle to a direction of travel of the tire, wherein the angel is less than 90 degrees (as shown in Fig. 1).
Taniguchi discloses that, as illustrated in Figs. 1-2, the shoulder block has an outer shoulder block side (for example, as shown in Fig. 2; also see label of the outer shoulder block side in attached annotated Figure I, the side that is substantially parallel to the stone ejector) that extends radially outward towards an adjacent shoulder block (as shown in Fig. 2) and an inner shoulder block side (as shown in Fig. 2; also see label of the inner shoulder block side in attached annotated Figure I) that extends radially inward towards the center block.
Taniguchi discloses that, as illustrated in Fig. 1, an individual stone ejector (Fig. 1, item 44 ([0100])) of the stone ejectors are substantially parallel to the outer shoulder block side.
Taniguchi discloses that, as illustrated in Fig. 1, at least one shoulder block is separated by the sipe 42 or 48 (i.e., void areas) ([0099], [0104]) (as shown in Fig. 1).
It is noticed that, Taniguchi discloses that, as illustrated in Fig. 2 (also see attached annotated Figure I), the shoulder block has peripheral shoulder block sides (i.e., see above called/claimed outer shoulder block sides) extending radially outward in a direction perpendicular to the direction of travel of the tire and a central shoulder block side (i.e., see above called/claimed an inner shoulder block side) extending radially inward in a direction parallel to the direction of travel of the tire.
However, Taniguchi does not explicitly disclose that, at least one tread block side has a notch.
In the same field of endeavor, Rittweger discloses that, as illustrated in Figs. 1-3, 8-9, a tire (page 1, [0001]) comprising:
a tread portion (Fig. 1, item 1 or 4 (a tread block (page 8, [0037]))) and a sidewall portion (not shown in Fig. 1);
the tread portion having tread elements to form a tread pattern (as shown in Fig. 1), wherein the tread elements include a plurality of tread blocks (Fig. 1, item 8 ()), void areas (Figs. 2-3, item 15 (page 10, [0044] (a groove 15))), and a bottom surface of the void areas (i.e., item 12 (groove base) in Fig. 8); and
wherein air flows between the plurality of tread blocks, and the void areas during use of the tire (page 2, [0006] (sound wave));
wherein audible sounds are generated by the tire during use as the air flows between the plurality of tread blocks, and the void areas (page 2, [0006]; page 3, [0007], [0008]);
wherein the plurality of tread blocks includes at least one center block (having a center block side) and at least one shoulder block (having a shoulder block side) (as shown in Fig. 1);
the center block is located in the center of the tread portion (as shown in Fig. 1);
the shoulder block is spaced laterally from the center block (as shown in Fig. 1);
the tread blocks having a plurality of tread block sides (as shown in Fig. 1);
wherein at least one tread block side has a notch (Fig. 3, item 14; page 9, [0042] (a recess 14));
the notch having a shape, size, and position on the plurality of tread block sides (as shown in Figs. 3 and 8-9); and
wherein the shape, size, and position of the notch control the air flow and the audible sounds generated by the tire during use (pages 2-3, [0004], [0005], [0006], [0007], [0008], and [0009]).
It would have been obvious to one of ordinary skill in the art at the time the invention was effectively filed to incorporate at least one notch in a tread block side of Taniguchi as taught by Rittweger as both relate to tire tread designs presenting a reasonable expectation of success, and doing so provides the benefit discussed in Rittweger of controlling audible sounds generated by the tire during use yielding predictable results. It has been held that the combination of familiar elements according to known methods is likely to be obvious when it does not more than yield predictable results. KSR Int’l Co. v. Teleflex Inc., 82 USPQ2d 1385 (2007). See MPEP 2143.
However, Taniguchi does not explicitly disclose that, the outer shoulder block sides/ peripheral shoulder block sides have a notch. In the same field of endeavor, tire, Yuki discloses that, as illustrated in Figs. 1, 8, 9, 18, the groove cross-sectional areas of the main groove 22 and the lug groove 24 are increased by the recessed portion 10 and the recessed portion 11 (as shown in Fig. 18, related to claim 3).
Further, as illustrated in Figs. 7, 9, the bottom of each notch/recess (i.e., item 10 or 11) is vertically offset from the bottom surface of the void areas by a distance. Here, the distance is illustrated in Fig. 7 as D1 (page 14, [0083]). Thus, Yuki discloses that, the outer shoulder block sides/ peripheral shoulder block sides have the notch(s).
As illustrated in Fig. 18, Yuki discloses that, the recesses 10 and 11 are disposed every side of each block in the tread of the tire (related to claim 32) and also shows different size/volume recesses on each block. As illustrated in Figs. 8, 9, different shapes (e.g., semicircular (page 8, line 459) or trapezoidal (page 8, line 460)) of the recesses 10 and 11 are available for every side of each block in the tread of the tire (page 8, [0047], [0048] and page 11, [0067], [0068]). Thus, Yuki discloses that, the recessed notch on the first shoulder block side portion is of a different shape from a shape of the recessed notch on the second shoulder block side portion.
It is noticed that, as illustrated in Figs. 8, 9, these recesses 10 and 11 could also possess different volumes based on their different shapes.
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Taniguchi to incorporate the teachings of Yuki to provide notches having different shapes and volumes disposed in the outer shoulder block side/ peripheral shoulder block sides of the shoulder blocks. Doing so would be possible to improve drainage performance of the tire, as recognized by Yuki (page 14, [0081], lines 784-788).
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Annotated Figure I (based on Fig. 2 in the teachings of Taniguchi)
Regarding claims 4-5, 33, Taniguchi does not explicitly disclose that, at least one tread block side has a notch.
Rittweger discloses that, as illustrated in Figs. 1-3, 8-9, in the tire, the plurality of tread blocks includes at least one center block (having a center block side (related to claim 4)) and at least one shoulder block (having a shoulder block side) (as shown in Fig. 1);
the center block is located in the center of the tread portion (as shown in Fig. 1);
the shoulder block is spaced laterally from the center block (as shown in Fig. 1);
the tread blocks having a plurality of tread block sides (as shown in Fig. 1);
wherein at least one tread block side has a notch (Fig. 3, item 14; page 9, [0042] (a recess 14));
the notch having a shape, size, and position on the plurality of tread block sides (as shown in Figs. 3 and 8-9) (related to claim 5).
As illustrated in Fig. 3, the recess 14 has a circular shape (page 4, [0014]) (related to claim 33).
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over the combination of Rittweger et al. (DE102012105120, English translation provided), Yuki et al. (JP2014118053, English translation provided) and Taniguchi (US 2019/0255889) as applied to claim 1 above, further in view of Miyazono (US 20160016439).
Regarding claim 6, the combination discloses different shapes, sizes, and positions of the notches on the plurality of tread block sides. However, the combination does not specifically disclose the notch is a hexagon shape. In the same field of endeavor, tire, Miyazono discloses that, as illustrated in Figs. 1 and 4, as shown in the figure (4), concave portion 80a is formed in the hexagon when tire surface 50 is seen toward the direction of a tire inner side along with the normal direction of the tire side surface 31 ([0068]).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the combination to incorporate the teachings of Miyazono to provide that the notch (or the concave portion) is a hexagon shape. Doing so would be possible to control the rotation resistance of the tire (related to air flows around the concave portions), as recognized by Miyazono ([0003], [0004]).
Claims 8, 11-12, 22-23, 31 are rejected under 35 U.S.C. 103 as being unpatentable over Taniguchi (US 2019/0255889) in view of Rittweger et al. (DE102012105120, English translation provided) and Yuki et al. (JP2014118053, English translation provided).
Regarding claims 8, 22, Taniguchi discloses that, as illustrated in Figs. 1-2, the projections 44 (i.e., the stone ejector) are substantially parallel to the shoulder block side(s) of the shoulder blocks 40 or 45 ([0057]).
Taniguchi discloses that, as illustrated in Figs. 1-2, the shoulder block (Fig. 1, item 45 ([0101])) is spaced laterally from the center block (Fig. 1, item 20 or 30 ([0082], [0091])) and oriented at an anangle to a direction of travel of the tire, wherein the angel is less than 90 degrees (as shown in Fig. 1).
Taniguchi discloses that, as illustrated in Figs. 1-2, the shoulder block has an outer shoulder block side (for example, as shown in Fig. 2; also see label of the outer shoulder block side in attached annotated Figure I, the side that is substantially parallel to the stone ejector) that extends radially outward towards an adjacent shoulder block (as shown in Fig. 2) and an inner shoulder block side (as shown in Fig. 2; also see label of the inner shoulder block side in attached annotated Figure I) that extends radially inward towards the center block.
Taniguchi discloses that, as illustrated in Fig. 1, an individual stone ejector (Fig. 1, item 44 ([0100])) of the stone ejectors are substantially parallel to the outer shoulder block side.
Taniguchi discloses that, as illustrated in Fig. 1, at least one shoulder block is separated by the sipe 42 or 48 (i.e., void areas) ([0099], [0104]) (as shown in Fig. 1).
It is noticed that, Taniguchi discloses that, as illustrated in Fig. 2 (also see attached annotated Figure I), the shoulder block has peripheral shoulder block sides (i.e., see above called/claimed outer shoulder block sides) extending radially outward in a direction perpendicular to the direction of travel of the tire and a central shoulder block side (i.e., see above called/claimed an inner shoulder block side) extending radially inward in a direction parallel to the direction of travel of the tire.
However, Taniguchi does not explicitly disclose that, at least one tread block side has a notch.
In the same field of endeavor, Rittweger discloses that, as illustrated in Figs. 1-3, 8-9, a tire (page 1, [0001]) comprising:
a tread portion (Fig. 1, item 1 or 4 (a tread block (page 8, [0037]))) and a sidewall portion (not shown in Fig. 1);
the tread portion having tread elements to form a tread pattern (as shown in Fig. 1), wherein the tread elements include a plurality of tread blocks (Fig. 1, item 8 ()), and void areas (Figs. 2-3, item 15 (page 10, [0044] (a groove 15)));
wherein air flows between the plurality of tread blocks, and the void areas during use of the tire (page 2, [0006] (sound wave));
wherein audible sounds are generated by the tire during use as the air flows between the plurality of tread blocks, and the void areas (page 2, [0006]; page 3, [0007], [0008]);
wherein the plurality of tread blocks includes at least one center block (having a center block side) and at least one shoulder block (having a shoulder block side) (as shown in Fig. 1);
the center block is located in the center of the tread portion (as shown in Fig. 1);
the shoulder block is spaced laterally from the center block (as shown in Fig. 1);
the tread blocks having a plurality of tread block sides (as shown in Fig. 1);
wherein at least one tread block side has a notch (Fig. 3, item 14; page 9, [0042] (a recess 14));
the notch having a shape, size, and position on the plurality of tread block sides (as shown in Figs. 3 and 8-9); and
wherein the shape, size, and position of the notch control the air flow and the audible sounds generated by the tire during use (pages 2-3, [0004], [0005], [0006], [0007], [0008], and [0009]).
It would have been obvious to one of ordinary skill in the art at the time the invention was effectively filed to incorporate at least one notch in a tread block side of Taniguchi as taught by Rittweger as both relate to tire tread designs presenting a reasonable expectation of success, and doing so provides the benefit discussed in Rittweger of controlling audible sounds generated by the tire during use yielding predictable results. It has been held that the combination of familiar elements according to known methods is likely to be obvious when it does not more than yield predictable results. KSR Int’l Co. v. Teleflex Inc., 82 USPQ2d 1385 (2007). See MPEP 2143.
Taniguchi does not explicitly disclose the stone ejectors are substantially co-linear with the void areas. In the same field of endeavor, tire, Ichiro discloses that, as illustrated in Figs. 1-5, each lateral groove 7 is provided with a plurality of buttress 13 at intervals along the lateral grooves 7 to form two internal corners 11 and 12 of the groove bottom 8 (page 2, [0007], lines 1-2). As illustrated in Figs. 5(a) and 5(b), Ichiro the buttresses 13 are substantially co-linear with the void areas (as shown in Figs. 5(a) and 5(b)). It is clear that these buttresses are able to play a function of stone ejectors.
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Taniguchi to incorporate the teachings of Ichiro to provide stone ejectors disposed between the shoulder blocks and substantially co-linear with the void areas. Doing so would be possible to suppress the noise caused by parts vibrations, as recognized by Ichiro (page 1, [0001]).
However, Taniguchi does not explicitly disclose that, the outer shoulder block sides have a notch. In the same field of endeavor, tire, Yuki discloses that, as illustrated in Figs. 1, 8, 9, 18, the groove cross-sectional areas of the main groove 22 and the lug groove 24 are increased by the recessed portion 10 and the recessed portion 11 (as shown in Fig. 18, related to claim 22).
Further, as illustrated in Figs. 7, 9, the bottom of each notch/recess (i.e., item 10 or 11) is vertically offset from the bottom surface of the void areas by a distance. Here, the distance is illustrated in Fig. 7 as D1 (page 14, [0083]). Thus, Yuki discloses that, the outer shoulder block sides/ peripheral shoulder block sides have the notch(s).
As illustrated in Fig. 18, Yuki discloses that, the recesses 10 and 11 are disposed every side of each block in the tread of the tire and can have different sizes/volumes in each block. As illustrated in Figs. 8, 9, different shapes (e.g., semicircular (page 8, line 459) or trapezoidal (page 8, line 460)) with different sizes of the recesses 10 and 11 are available for every side of each block in the tread of the tire (page 8, [0047], [0048] and page 11, [0067], [0068]).
Thus, as illustrated in Fig. 18 (also see labels of recesses 10 in attached annotated Figure II), at least the first shoulder block side portion facing the second shoulder block side portion both have the recesses 10 in which may have different shapes corresponding with different volumes.
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Annotated Figure II (based on Fig. 18 in the teachings of Yuki et al.)
Thus, Yuki discloses that, the recessed notch on the first shoulder block side portion is of a different shape with different sizes from a shape of the recessed notch on the second shoulder block side portion.
It is noticed that, as illustrated in Figs. 8, 9, these recesses 10 and 11 also possess different volumes based on their different shapes.
Specifically, as illustrated in Fig. 8 in the teachings of Yuki, both the recesses 10 and 11 possess the same semicircular shape (page 8, line 459).
As illustrated in Fig. 9 in the teachings of Yuki, both the recesses 10 and 11 possess the same trapezoidal (page 8, line 460).
Thus, even disposed on the same side portion of each shoulder block, the recesses 10 (or 11) can have two different shapes or sizes.
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Taniguchi to incorporate the teachings of Yuki to provide notches having different shapes and volumes disposed in the outer shoulder block side/ peripheral shoulder block sides of the shoulder blocks. Doing so would be possible to improve drainage performance of the tire, as recognized by Yuki (page 14, [0081], lines 784-788).
Regarding claims 11-12, 31, Taniguchi does not explicitly disclose that, at least one tread block side has a notch. Rittweger discloses that, as illustrated in Figs. 1-3, 8-9, in the tire, a plurality of tread blocks having a plurality of tread block sides (as shown in Fig. 1); wherein the plurality of tread blocks includes at least one center block (having a center block side (related to claim 11)) and at least one shoulder block (having a shoulder block side) (as shown in Fig. 1);
a notch (Fig. 3, item 14; page 9, [0042] (a recess 14)) on at least one of the tread block sides (as shown in Fig. 3);
the notch having a shape, size, and position on the plurality of tread block sides (as shown in Figs. 3 and 8-9) (related to claim 12).
As illustrated in Fig. 3, the recess 14 has a circular shape (page 4, [0014]) (related to claim 31).
Regarding claim 23, Rittweger in the combination discloses that, as illustrated in Fig. 3, at least one tread block side (for example, the side 13 (i.e., the inner (shoulder) block side))) has a notch (Fig. 4, item 14; page 9, [0042] (a recess 14)).
Further, Yuki discloses that, as illustrated in Figs. 1, 8, 9, 18, the groove cross-sectional areas of the main groove 22 and the lug groove 24 are increased by the recessed portion 10 and the recessed portion 11.
Claim 13 is rejected under 35 U.S.C. 103 as being unpatentable over the combination of Taniguchi (US 2019/0255889), Rittweger et al. (DE102012105120, English translation provided) and Yuki et al. (JP2014118053, English translation provided) as applied to claim 8 above, further in view of Miyazono (US 20160016439).
Regarding claim 13, the combination discloses different shapes, sizes, and positions of the notches on the plurality of tread block sides. However, the combination does not specifically disclose the notch is a hexagon shape. In the same field of endeavor, tire, Miyazono discloses that, as illustrated in Figs. 1 and 4, as shown in the figure (4), concave portion 80a is formed in the hexagon when tire surface 50 is seen toward the direction of a tire inner side along with the normal direction of the tire side surface 31 ([0068]).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the combination to incorporate the teachings of Miyazono to provide that the notch (or the concave portion) is a hexagon shape. Doing so would be possible to control the rotation resistance of the tire (related to air flows around the concave portions), as recognized by Miyazono ([0003], [0004]).
Claims 24-29 are rejected under 35 U.S.C. 103 as being unpatentable over Taniguchi (US 2019/025588) in view of Rittweger et al. (DE102012105120, English translation provided) and Yuki et al. (JP2014118053, English translation provided).
Regarding claims 24, 25, 26, 27, 28, 29, Taniguchi discloses that, as illustrated in Figs. 1-2, the projections 44 (i.e., the stone ejector) are substantially parallel to the shoulder block side(s) of the shoulder blocks 40 or 45 ([0057]).
Taniguchi discloses that, as illustrated in Figs. 1-2, the shoulder block (Fig. 1, item 45 ([0101])) is spaced laterally from the center block (Fig. 1, item 20 or 30 ([0082], [0091])) and oriented at an angle to a direction of travel of the tire, wherein the angel is less than 90 degrees (as shown in Fig. 1).
Taniguchi discloses that, as illustrated in Figs. 1-2, the shoulder block has an outer shoulder block side (for example, as shown in Fig. 2; also see label of the outer shoulder block side in attached annotated Figure I, the side that is substantially parallel to the stone ejector) that extends radially outward towards an adjacent shoulder block (as shown in Fig. 2) and an inner shoulder block side (as shown in Fig. 2; also see label of the inner shoulder block side in attached annotated Figure I) that extends radially inward towards the center block.
Taniguchi discloses that, as illustrated in Fig. 1, an individual stone ejector (Fig. 1, item 44 ([0100])) of the stone ejectors are substantially parallel to the outer shoulder block side.
Taniguchi discloses that, as illustrated in Fig. 1, at least one shoulder block is separated by the sipe 42 or 48 (i.e., void areas) ([0099], [0104]) (as shown in Fig. 1).
It is noticed that, Taniguchi discloses that, as illustrated in Fig. 2 (also see attached annotated Figure I), the shoulder block has peripheral shoulder block sides (i.e., see above called/claimed outer shoulder block sides) extending radially outward in a direction perpendicular to the direction of travel of the tire and a central shoulder block side (i.e., see above called/claimed an inner shoulder block side) extending radially inward in a direction parallel to the direction of travel of the tire.
However, Taniguchi does not explicitly disclose that, at least one tread block side has a notch.
In the same field of endeavor, Rittweger discloses that, as illustrated in Figs. 1-3, 8-9, a tire (page 1, [0001]) comprising:
a tread portion (Fig. 1, item 1 or 4 (a tread block (page 8, [0037]))) and a sidewall portion (not shown in Fig. 1);
the tread portion having tread elements to form a tread pattern (as shown in Fig. 1), wherein the tread elements include a plurality of tread blocks (Fig. 1, item 8 ()), void areas (Figs. 2-3, item 15 (page 10, [0044] (a groove 15))), and a bottom surface of the void areas (i.e., item 12 (groove base) in Fig. 8); and
wherein air flows between the plurality of tread blocks, and the void areas during use of the tire (page 2, [0006] (sound wave));
wherein audible sounds are generated by the tire during use as the air flows between the plurality of tread blocks, and the void areas (page 2, [0006]; page 3, [0007], [0008]);
wherein the plurality of tread blocks includes at least one center block (having a center block side) and at least one shoulder block (having a shoulder block side) (as shown in Fig. 1);
the center block is located in the center of the tread portion (as shown in Fig. 1);
the shoulder block is spaced laterally from the center block (as shown in Fig. 1);
the tread blocks having a plurality of tread block sides (as shown in Fig. 1);
wherein at least one tread block side has a notch (Fig. 3, item 14; page 9, [0042] (a recess 14));
the notch having a shape, size, and position on the plurality of tread block sides (as shown in Figs. 3 and 8-9); and
wherein the shape, size, and position of the notch control the air flow and the audible sounds generated by the tire during use (pages 2-3, [0004], [0005], [0006], [0007], [0008], and [0009]).
It would have been obvious to one of ordinary skill in the art at the time the invention was effectively filed to incorporate at least one notch in a tread block side of Taniguchi as taught by Rittweger as both relate to tire tread designs presenting a reasonable expectation of success, and doing so provides the benefit discussed in Rittweger of controlling audible sounds generated by the tire during use yielding predictable results. It has been held that the combination of familiar elements according to known methods is likely to be obvious when it does not more than yield predictable results. KSR Int’l Co. v. Teleflex Inc., 82 USPQ2d 1385 (2007). See MPEP 2143.
As illustrated in Fig. 3, the recess 14 has a circular shape (page 4, [0014]) (related to claims 27, 29).
However, Taniguchi does not explicitly disclose that, the outer shoulder block sides/ peripheral shoulder block sides have a notch. In the same field of endeavor, tire, Yuki discloses that, as illustrated in Figs. 1, 8, 9, 18, the groove cross-sectional areas of the main groove 22 and the lug groove 24 are increased by the recessed portion 10 and the recessed portion 11 (as shown in Fig. 18).
Further, as illustrated in Figs. 7, 9, the bottom of each notch/recess (i.e., item 10 or 11) is vertically offset from the bottom surface of the void areas by a distance. Here, the distance is illustrated in Fig. 7 as D1 (page 14, [0083]). Thus, Yuki discloses that, the outer shoulder block sides/ peripheral shoulder block sides have the notch(s).
As illustrated in Fig. 18, Yuki discloses that, the recesses 10 and 11 are disposed every side (i.e., at least the two adjacent sides having different orientations) of each block in the tread of the tire (related to claims 25, 26, 28) and each block can have a different size of recess. As illustrated in Figs. 8, 9, different shapes (e.g., semicircular (page 8, line 459) or trapezoidal (page 8, line 460)) of the recesses 10 and 11 are available for every side of each block in the tread of the tire (page 8, [0047], [0048] and page 11, [0067], [0068]). Thus, Yuki discloses that, the recessed notch on the first shoulder block side portion is of a different shape from a shape of the recessed notch on the second shoulder block side portion.
It is noticed that, aa illustrated in Figs. 8, 9, these recesses 10 and 11 also possess different volumes based on their different shapes.
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Taniguchi to incorporate the teachings of Yuki to provide notches having different shapes and volumes disposed in the outer shoulder block side/ peripheral shoulder block sides of the shoulder blocks. Doing so would be possible to improve drainage performance of the tire, as recognized by Yuki (page 14, [0081], lines 784-788).
Response to Arguments
Applicant's arguments filed 10/10/2025 have been fully considered. They are not persuasive.
In response to applicant’s arguments (as amended) in claims 1, 8, 24 that the references of Taniguchi (US 2019/025588), Rittweger et al. (DE102012105120, English translation provided) and Yuki et al. (JP2014118053, English translation provided) do not disclose that the recessed notch on the first shoulder block side portion is of a different shape with different sizes and volumes from a shape of the recessed notch on the second shoulder block side portion, it is not persuasive.
As illustrated in Fig. 18, Yuki discloses that, the recesses 10 and 11 (also see labels of recesses 10 and 11 in attached annotated Figure II below) are disposed every side of each block in the tread of the tire. As illustrated in Figs. 8, 9, different shapes (e.g., semicircular (page 8, line 459) or trapezoidal (page 8, line 460)) with different sizes of the recesses 10 and 11 are available for every side of each block in the tread of the tire (page 8, [0047], [0048] and page 11, [0067], [0068]) (also see labels of the different shapes of recesses 10 and 11 with different sizes in attached annotated Figure III below). Thus, Yuki discloses that, the recessed notch on the first shoulder block side portion is of a different shape from a shape of the recessed notch on the second shoulder block side portion.
It is noticed that, aa illustrated in Figs. 8, 9 (also see attached annotated Figure II below), these recesses 10 and 11 also possess different volumes based on their different shapes.
Specifically, as illustrated in Fig. 8 in the teachings of Yuki, both the recesses 10 and 11 possess the same semicircular shape (page 8, line 459).
As illustrated in Fig. 9 in the teachings of Yuki, both the recesses 10 and 11 possess the same trapezoidal (page 8, line 460).
As illustrated in Fig. 18 (also see labels of recesses 10 in attached annotated Figure II (above)), at least the first shoulder block side portion facing the second shoulder block side portion both have the recesses 10 and are specifically shown to be different sizes/volumes from one block to the next. It would have been obvious to also give them different shapes based on the teachings from the rest of Yuki.
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Annotated Figure III (based on Figs. 8 and 9 in the teachings of Yuki et al.)
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 extension fee 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 date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Shibin Liang whose telephone number is (571)272-8811. The examiner can normally be reached on M-F 8:30 - 4:30.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Alison L Hindenlang can be reached on (571)270 7001. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/SHIBIN LIANG/Examiner, Art Unit 1741
/ALISON L HINDENLANG/Supervisory Patent Examiner, Art Unit 1741