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 § 112
Claims 6 and 7 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.
Claim 6 improperly depends on cancelled claim 2. For purposes of examination, claim 6 will be interpreted to be dependent on claim 1.
As claim 7 is dependent on claim 6, it stands as rejected for similar reasons.
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.
Claim(s) 1, 3, 4 and 6-8 are rejected under 35 U.S.C. 103 as being unpatentable over Nakada (JP2014087958) (machine translation) (of record) in view of either Isoi (JP2002307442) (machine translation), Onimatsu ‘842 (US20150231842) and/or Serener-Theilmann (US20030091671), Sato (JP2017177567) (machine translation) (of record) and Onimatsu et al. (JP2013006366) (machine translation) (of record, to be further referred to as Onimatsu ‘366).
Regarding claim 1, Nakada discloses a tire vulcanization device comprising a vulcanization mold (“mold” (4), which includes “segments” (12)) inside of which a green tire is disposable ([0002] with regards to “raw cover” (8), Fig 1) and a vulcanization container ([0036]-[0038] with regards to “container”) in which the vulcanization mold is installed, the vulcanization device comprising:
the vulcanization mold includes an annular upper side mold (upper “side plate” (14), Fig 1), an annular lower side mold (lower “side plate” (14), Fig 1), and a plurality of sector molds arranged in an annular shape in a plan view (“segments” (12)),
the vulcanization container includes, as container components, a top plate to which the upper side mold is attached (upper “base plate” (16), Fig 1), a bottom plate to which the lower side mold is attached (lower “base plate” (16), Fig 1), a plurality of segments to which each sector mold is attached (“sector shoe” (10)) and a container ring which moves vertically on an outer circumference side of each of the segments (“container”, [0036]),
a sensor (“transmitter” (36)) installed at a predetermined position on the vulcanization mold ([0050]-[0051]) that makes use of a lead wire (“cord” (42), Fig 1) that passes through both the vulcanization mold and a vulcanization container (Fig 1 and [0036]).
While Nakada does not explicitly disclose that the sensor is in a state exposed on a tire molding surface of the vulcanization mold and is configured to directly contact the green tire during vulcanization of the green tire and that the vulcanization device further comprises: in the container ring, a plurality of guide keys which extend in a vertical direction along an inner circumferential inclined surface of the container ring are disposed in intervals in a circumferential direction, guide grooves which extend in a vertical direction along an outer circumferential inclined surface of each of the segments are included, the guide key and the guide groove being configured to slide relative to one another with a configuration wherein, by the container ring moving downward, the guide key moves downward along the guide groove and the vulcanization mold is configured to close, a mold-side connector installed in the vulcanization mold in a state exposed on an attachment surface of the vulcanization mold that attaches to at least one of the container components; an inner connector installed in the at least one of the container component in a state exposed on an opposing surface of the at least one of the container component facing the attachment surface, the mold-side connector and the inner connector being freely connected to and disconnected from each other; and that the lead wire is broken up into an in-mold lead wire extending through an interior of the vulcanization mold and connecting the sensor and the mold-side connector and an in-container lead wire connected at one end portion to the inner connector and extending through an interior of the at least one of the container components toward an exterior of the at least one of the container components, an outer connector connected to an other end portion of the in-container lead wire extending through an interior of the bottom plate and installed on the bottom plate in a state exposed on an outer side of the bottom plate, and an outer connector connected to an other end portion of the in-container lead wire extending through an interior of the segment and installed on the segment in a state exposed on an outer side of the segments, it would have been obvious to one of ordinary skill in the art prior to the earliest effective priority date of the instant application to do so, given that:
a) Examiner takes Official Notice regarding the use of a plurality of guide keys in the container ring and guide grooves in segments that cooperate to allow sliding relative to one another, as evidenced by either Isoi (Fig 5-9, “pins” (86) and “guide hole” (85), [0049]), Onimatsu ‘842 (Fig 11, “guide” (52a) and “guide” (52b), [0055]) and/or Serener-Theilmann (Fig 3, “tee bots” (38) and “slots” (42), [0019]);
b) Sato, which is within the tire molding art, teaches that sensors (“temperature sensors” (31), Fig 1, 2A) used in vulcanization molds can be placed so as to be exposed on a tire molding surface of the vulcanization mold and configured to be in direct contact with the green tire during vulcanization (Fig 2, 3, with the understanding that “sheath” (31a) comprises a part of “temperature sensor” (31), [0019]) for the benefit of accurate measurements ([0019]);
c) Onimatsu ‘366, which is within the tire molding art, teaches that for a temperature sensor (“temperature sensor” (46)) located inside a vulcanization mold (“core body” (3)) that connects to a device outside of the mold and through another component (“bead area” (50a)), the sensor is connected to an in-mold lead wire (“wiring” (47)) extending through an interior of the vulcanization mold and connects to a mold-side connector (“sensor connectors” (48)) that is exposed at an attachment surface of the vulcanization mold that attaches to an inner connector (“sensor connection terminal portion” (49)) exposed on an opposing surface of a separate component of the vulcanization apparatus (“bead area” (50a)), with an in-component lead wire connecting through an interior of the component (Fig 9) with the mold-side connector and the inner connector being freely connected to and disconnected from each other ([0045]) for the benefit of ensuring automatic electrical connection between components without requiring special connection work and improving the automation of the vulcanization process ([0045]);
d1) Nakada teaches that the bottom “base plate” (16) can also comprise of passages (32) ([0044]), and given that the use of sensors are tied directly to use in conjunction with said passages to close them and prevent spur creation ([0018], [0021]), any teachings in relation to sensor positioning, connecting and wiring for top “base plate” (16) are applicable to the bottom “base plate” (16);
d2) Nakada teaches that the sensor’s lead wire (“cord” (42)) passes through a container component (components including the top and bottom “base plate” (16) to another side (including an outer side) to a control unit (38) (Fig 1);
d3) Onimatsu ‘366 teaches that pairs of connectors can be implemented between different tire vulcanization components (such as “sensor connection” (48) to “sensor connection terminal” (49) or “case” (44) to “power supply connection terminal” (51), Fig 8, 9) for the benefit of ensuring automatic electrical connection between components without requiring special connection work and improving the automation of the vulcanization process ([0045]).
Regarding claim 3, modified Nakada teaches all limitations of claim 1 as set forth above. Additionally, it would have been obvious to one of ordinary skill in the art prior to the earliest effective priority date of the instant application for predetermined position to be set at a plurality of positions spaced apart in a tire circumferential direction in each region on the tire molding surface where a tire tread surface and both side surfaces are molded, as:
a) Nakada teaches that a plurality of segments that form the mold shape ([0008]), each with temperature sensors (Fig 1); and/or
b) Sato teaches placing sensors at each tire side portion for the benefit of maintaining even vulcanization across each tire region ([0007]-[0008]); and/or
c) Onimatsu ‘366 teaches that each mold segment has a temperature sensor to ensure proper conditions across the entire tire ([0037]).
Regarding claim 4, modified Nakada teaches all limitations of claim 1 as set forth above. Additionally, Nakada teaches that the sensor is at least one of a temperature sensor or a pressure sensor ([0051]).
Regarding claim 6, modified Nakada teaches all limitations of claim 2 as set forth above. Additionally, it would have been obvious to one of ordinary skill in the art prior to the earliest effective priority date of the instant application for predetermined position to be set at a plurality of positions spaced apart in a tire circumferential direction in each region on the tire molding surface where a tire tread surface and both side surfaces are molded, as:
a) Nakada teaches that a plurality of segments that form the mold shape ([0008]), each with temperature sensors (Fig 1); and/or
b) Sato teaches placing sensors at each tire side portion for the benefit of maintaining even vulcanization across each tire region ([0007]-[0008]); and/or
c) Onimatsu ‘366 teaches that each mold segment has a temperature sensor to ensure proper conditions across the entire tire ([0037]).
Regarding claim 7, modified Nakada teaches all limitations of claim 6 as set forth above. Additionally, Nakada teaches that the sensor is at least one of a temperature sensor or a pressure sensor ([0051]).
Regarding claim 8, modified Nakada teaches all limitations of claim 1 as set forth above. Additionally, as the combination of Nakada with Onimatsu ‘366 teaches the use of connectors in conjunction with the in-container lead wires passing through the interior of tire vulcanization components as set forth in the rejection of claim 1 above, modified Nakada teaches that the in-container lead wire communicating and extending through an interior of the segment and being connected at one end portion to the inner connector installed in the top plate. While modified Nakada does not explicitly teach that the in-container lead wire communicates and extends through both an interior of the segment and the top plate, it would have been obvious to one of ordinary skill in the art prior to the earliest effective priority date of the instant application to do so, as case law holds that changes in shape are matters of design choice that a person of ordinary skill in the art would have found obvious absent persuasive evidence that the particular configuration of the claimed invention is significant (See MPEP 2144.04). In the instant case, the exact routing of the in-container lead wire is considered to be a matter of design choice.
Claim(s) 9 is rejected under 35 U.S.C. 103 as being unpatentable over Nakada (JP2014087958) (machine translation) (of record), either Isoi (JP2002307442) (machine translation), Onimatsu ‘842 (US20150231842) and/or Serener-Theilmann (US20030091671), Sato (JP2017177567) (machine translation) (of record) and Onimatsu et al. (JP2013006366) (machine translation) (of record) and in further view of Rice et al. (US20190131167) (of record).
Regarding claim 9, modified Nakada teaches all limitations of claim 1 as set forth above. Additionally, as the combination of Nakada with Onimatsu ‘366 teaches the use of connectors in conjunction with the in-container lead wires passing through the interior of tire vulcanization components as set forth in the rejection of claim 1 above, modified Nakada teaches that the in-container lead wire communicating and extending through an interior of the segment and being connected at one end portion to the inner connector installed in the top plate. While modified Nakada does not explicitly teach that the in-container lead wire communicates and extends through both an interior of the segment and the top plate, it would have been obvious to one of ordinary skill in the art prior to the earliest effective priority date of the instant application to do so, as case law holds that changes in shape are matters of design choice that a person of ordinary skill in the art would have found obvious absent persuasive evidence that the particular configuration of the claimed invention is significant (See MPEP 2144.04). In the instant case, the exact routing of the in-container lead wire is considered to be a matter of design choice.
While modified Nakada doesn’t explicitly teach that the in-container lead wire to have surplus length which is exposed to the outside between the segment and the top plate, it would have been obvious to one of ordinary skill in the art prior to the earliest effective priority date of the instant application to do so, given that Rice, which is analogous to Nakada with regards to the placement of wiring between moving components of an apparatus, teaches that for a wire that travels through different components (via “channel” (236)), sufficient slack should be afforded to the wire for the benefit of allowing movement between components without breaking the wire ([0066]).
Claim(s) 1, 3, 4 and 6-8 are rejected under 35 U.S.C. 103 as being unpatentable over Nakada (JP2014087958) (machine translation) (of record) in view of Sato (JP2017177567) (machine translation) (of record) and Nagamidori (JP2017209818A) (Machine Translation).
Regarding claim 1, Nakada discloses a tire vulcanization device comprising a vulcanization mold (“mold” (4), which includes “segments” (12)) inside of which a green tire is disposable ([0002] with regards to “raw cover” (8), Fig 1) and a vulcanization container ([0036]-[0038] with regards to “container”) in which the vulcanization mold is installed, the vulcanization device comprising:
the vulcanization mold includes an annular upper side mold (upper “side plate” (14), Fig 1), an annular lower side mold (lower “side plate” (14), Fig 1), and a plurality of sector molds arranged in an annular shape in a plan view (“segments” (12)),
the vulcanization container includes, as container components, a top plate to which the upper side mold is attached (upper “base plate” (16), Fig 1), a bottom plate to which the lower side mold is attached (lower “base plate” (16), Fig 1), a plurality of segments to which each sector mold is attached (“sector shoe” (10)) and a container ring which moves vertically on an outer circumference side of each of the segments (“container”, [0036]),
a sensor (“transmitter” (36)) installed at a predetermined position on the vulcanization mold ([0050]-[0051]) that makes use of a lead wire (“cord” (42), Fig 1) that passes through both the vulcanization mold and a vulcanization container (Fig 1 and [0036]).
While Nakada does not explicitly disclose that the sensor is in a state exposed on a tire molding surface of the vulcanization mold and is configured to directly contact the green tire during vulcanization of the green tire and that the vulcanization device further comprises: in the container ring, a plurality of guide keys which extend in a vertical direction along an inner circumferential inclined surface of the container ring are disposed in intervals in a circumferential direction, guide grooves which extend in a vertical direction along an outer circumferential inclined surface of each of the segments are included, the guide key and the guide groove being configured to slide relative to one another with a configuration wherein, by the container ring moving downward, the guide key moves downward along the guide groove and the vulcanization mold is configured to close, a mold-side connector installed in the vulcanization mold in a state exposed on an attachment surface of the vulcanization mold that attaches to at least one of the container components; an inner connector installed in the at least one of the container component in a state exposed on an opposing surface of the at least one of the container component facing the attachment surface, the mold-side connector and the inner connector being freely connected to and disconnected from each other; and that the lead wire is broken up into an in-mold lead wire extending through an interior of the vulcanization mold and connecting the sensor and the mold-side connector and an in-container lead wire connected at one end portion to the inner connector and extending through an interior of the at least one of the container components toward an exterior of the at least one of the container components, an outer connector connected to an other end portion of the in-container lead wire extending through an interior of the bottom plate and installed on the bottom plate in a state exposed on an outer side of the bottom plate, and an outer connector connected to an other end portion of the in-container lead wire extending through an interior of the segment and installed on the segment in a state exposed on an outer side of the segments, it would have been obvious to one of ordinary skill in the art prior to the earliest effective priority date of the instant application to do so, given that:
a) Sato, which is within the tire molding art, teaches that sensors (“temperature sensors” (31), Fig 1, 2A) used in vulcanization molds can be placed so as to be exposed on a tire molding surface of the vulcanization mold and configured to be in direct contact with the green tire during vulcanization (Fig 2, 3, with the understanding that “sheath” (31a) comprises a part of “temperature sensor” (31), [0019]) for the benefit of accurate measurements ([0019]);
b1a) Nagamidori, which is within the tire molding art, teaches that a tire vulcanization device can comprise of a mold-side connector (“sector contact portions” (68, 70)) installed in the vulcanization mold in a state exposed on an attachment surface of the vulcanization mold that attaches to at least one of the container components (Fig 1, 3, 7); an inner connector (“actuator contact portions” (76, 78)) installed in the at least one of the container component in a state exposed on an opposing surface of the at least one of the container component facing the attachment surface (Fig 1, 3, 7), the mold-side connector and the inner connector being freely connected to and disconnected from each other (Fig 1, 3, 7, [0042], [0054]); and that the lead wire is broken up into an in-mold lead wire extending through an interior of the vulcanization mold and an in-container lead wire connected at one end portion to the inner connector and extending through an interior of the at least one of the container components toward an exterior of the at least one of the container components (Fig 1, 3, 7) for the benefit of detecting positional deviation to prevent poor tire appearance ([0019], [0063]);
b1b) given that the sensors of Nakada require an electrical connection ([0051], in that it sends “an electrical signal”) just as the “current-carrying circuit” (80) of Nagamidori does, it would have been well within a person of ordinary skill in the art’s ability to modify the wiring taught in Nagamidori so as to have the in-mold lead wire connecting the sensor taught in Nakada and the mold-side connector for the predictable result of powering the sensors;
b2) Nagamidori teaches that a container ring (“actuator” (16)) can comprise of a plurality of guide keys (“engaging portion (not shown) of the actuator”, [0046]) which extend in a vertical direction along an inner circumferential inclined surface of the container ring disposed in interval in a circumferential direction (Fig 4, 5, to work in conjunction with “engaging grooves” (50)) and guide grooves (“engaging grooves” (50)) which extend in a vertical direction along an outer circumferential inclined surface of each of the segments (“sectors” (14, 15)) are included, the guide key and the guide groove being configured to slide relative to one another with a configuration wherein, by the container ring moving downward, the guide key moves downward along the guide groove and the vulcanization mold is configured to close ([0046] Fig 4, 5 and 7) for the predictable result of controlling the radial movement of the segments;
c1) Nakada teaches that the bottom “base plate” (16) can also comprise of passages (32) ([0044]), and given that the use of sensors are tied directly to use in conjunction with said passages to close them and prevent spur creation ([0018], [0021]), any teachings in relation to sensor positioning, connecting and wiring for top “base plate” (16) are applicable to the bottom “base plate” (16);
c2) Nakada teaches that the sensor’s lead wire (“cord” (42)) passes through a container component (components including the top and bottom “base plate” (16) to another side (including an outer side) to a control unit (38) (Fig 1); and
d3) the combined teachings of Nakada and Nagamidori (see b1a) and b1b) as set forth above) teach the use of lead wires extending through container components and vulcanization molds with connector devices between container components vulcanization molds for establishing electrical connection, which includes when the vulcanization device comprises an outer connector connected to an other end portion of the in-container lead wire extending through an interior of the bottom plate and installed on the bottom plate in a state exposed on an outer side of the bottom plate, and an outer connector connected to an other end portion of the in-container lead wire extending through an interior of the segment and installed on the segment in a state exposed on an outer side of the segments.
Regarding claim 3, modified Nakada teaches all limitations of claim 1 as set forth above. Additionally, it would have been obvious to one of ordinary skill in the art prior to the earliest effective priority date of the instant application for predetermined position to be set at a plurality of positions spaced apart in a tire circumferential direction in each region on the tire molding surface where a tire tread surface and both side surfaces are molded, as:
a) Nakada teaches that a plurality of segments that form the mold shape ([0008]), each with temperature sensors (Fig 1); and/or
b) Sato teaches placing sensors at each tire side portion for the benefit of maintaining even vulcanization across each tire region ([0007]-[0008]); and/or
c) Nagamidori teaches that each mold segment has an independent current supply circuit (and therefore a plurality) for each sector for the benefit of better identifying the position at which an error occurred ([0064]).
Regarding claim 4, modified Nakada teaches all limitations of claim 1 as set forth above. Additionally, Nakada teaches that the sensor is at least one of a temperature sensor or a pressure sensor ([0051]).
Regarding claim 6, modified Nakada teaches all limitations of claim 1 as set forth above. Additionally, it would have been obvious to one of ordinary skill in the art prior to the earliest effective priority date of the instant application for predetermined position to be set at a plurality of positions spaced apart in a tire circumferential direction in each region on the tire molding surface where a tire tread surface and both side surfaces are molded, as:
a) Nakada teaches that a plurality of segments that form the mold shape ([0008]), each with temperature sensors (Fig 1); and/or
b) Sato teaches placing sensors at each tire side portion for the benefit of maintaining even vulcanization across each tire region ([0007]-[0008]); and/or
c) Nagamidori teaches that each mold segment has an independent current supply circuit (and therefore a plurality) for each sector for the benefit of better identifying the position at which an error occurred ([0064]).
Regarding claim 7, modified Nakada teaches all limitations of claim 6 as set forth above. Additionally, Nakada teaches that the sensor is at least one of a temperature sensor or a pressure sensor ([0051]).
Regarding claim 8, modified Nakada teaches all limitations of claim 1 as set forth above. Additionally, as the combination of Nakada with Nagamidori teaches the use of connectors in conjunction with the in-container lead wires passing through the interior of tire vulcanization components as set forth in the rejection of claim 1 above, modified Nakada teaches that the in-container lead wire communicating and extending through an interior of the segment and being connected at one end portion to the inner connector installed in the top plate. While modified Nakada does not explicitly teach that the in-container lead wire communicates and extends through both an interior of the segment and the top plate, it would have been obvious to one of ordinary skill in the art prior to the earliest effective priority date of the instant application to do so, as case law holds that changes in shape are matters of design choice that a person of ordinary skill in the art would have found obvious absent persuasive evidence that the particular configuration of the claimed invention is significant (See MPEP 2144.04). In the instant case, the exact routing of the in-container lead wire is considered to be a matter of design choice.
Claim(s) 9 is rejected under 35 U.S.C. 103 as being unpatentable over Nakada (JP2014087958) (machine translation) (of record), Sato (JP2017177567) (machine translation) (of record) and Nagamidori (JP2017209818A) (Machine Translation) in further view of Rice et al. (US20190131167) (of record).
Regarding claim 9, modified Nakada teaches all limitations of claim 1 as set forth above. Additionally, as the combination of Nakada with Nagamidori teaches the use of connectors in conjunction with the in-container lead wires passing through the interior of tire vulcanization components as set forth in the rejection of claim 1 above, modified Nakada teaches that the in-container lead wire communicating and extending through an interior of the segment and being connected at one end portion to the inner connector installed in the top plate. While modified Nakada does not explicitly teach that the in-container lead wire communicates and extends through both an interior of the segment and the top plate, it would have been obvious to one of ordinary skill in the art prior to the earliest effective priority date of the instant application to do so, as case law holds that changes in shape are matters of design choice that a person of ordinary skill in the art would have found obvious absent persuasive evidence that the particular configuration of the claimed invention is significant (See MPEP 2144.04). In the instant case, the exact routing of the in-container lead wire is considered to be a matter of design choice.
While modified Nakada doesn’t explicitly teach that the in-container lead wire to have surplus length which is exposed to the outside between the segment and the top plate, it would have been obvious to one of ordinary skill in the art prior to the earliest effective priority date of the instant application to do so, given that Rice, which is analogous to Nakada with regards to the placement of wiring between moving components of an apparatus, teaches that for a wire that travels through different components (via “channel” (236)), sufficient slack should be afforded to the wire for the benefit of allowing movement between components without breaking the wire ([0066]).
Response to Arguments
Applicant's arguments filed 14 November 2025 have been fully considered but they are not persuasive.
In applicant’s response on p.7, applicant repeats their argument that the additional cost and expense of reconfiguring Nakada according to Sato as well as the increase in complexity would not be worth the allegedly additional accuracy. Examiner disagrees, noting that the test for obviousness is what the combined teachings of the references would have suggested to those of ordinary skill in the art. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981). Regarding the additional cost and expense, it has been held that additional expenses associated with the teachings “would not discourage one of ordinary skill in the art from seeking the convenience expected therefrom” (See MPEP2145(VII)). With regards to the evaluation of worth of improved measurement accuracy versus the complexity of implementation, applicant’s arguments amount to applicant’s own opinion, which does not replace the requirement of evidence (see MPEP 2145(I)).
In applicant’s response on p.7-8, applicant argues that “there is no reasonable basis to conclude that the Nakada sensor provides inaccurate measurements or that opening the sensor at the surface would provide improved measurements of the cavity surface” and that “the skilled artisan, if desiring measurements of the tire rather than the mold, may have understood from the combination to use a structure with openings in the mold as in Sato, but Nakada does not desire to measure the tire, as stated above, and instead Nakada desires to measure the mold”. Examiner disagrees, noting both Nakada and Sato are focused on measuring temperatures at the cavity surface as a means of detecting when the tire comes into contact with the molding surface during the vulcanization process to control said process (Nakada: [0059]-[0060], Sato: [0019]) and that Sato, in particular, teaches having the sensor positioned as to touch the tire when it comes into contact with the molding surface so as to “measure the temperature at a position close to the molding surface of the tire T while suppressing the influence of the temperature of the vulcanization device 10 main body, so that the surface temperature of the lower side plate 11 or upper side plate 12 side of each tire side portion TS during the vulcanization process can be accurately measured.” In other words, Sato is teaching the specific placement of the sensor to avoid the influence of heating the vulcanization device has on determining temperature change as a result of the tire contacting the molding surface, an influence that would be present (in at least some amount) in Nakada, even if Nakada does not explicitly disclose said influence.
In applicant’s response on p.8-9, applicant argues that “Nakada is clearly aware of a configuration of Sato and desires to avoid the configuration and its negative effects”, said configuration being “holes [that] may be made in a mold, but states that this results in formation of spew, which can be removed, but the removal takes time and the vent holes can be clogged”. Examiner disagrees, noting that the specific holes disclosed in Nakada are “vent holes” (26) which are designed to house “vent plugs” that are either opened to allow for the discharge of air remaining between the tire and the mold or closed to prevent the generation of spews/bears ([0004]-[0005], [0014]-[0015]). The specific hole taught by Sato which houses the sensor does not itself open or close for purposes of discharging air like in Nakada and is flush with the tire molding surface (Fig 3) and would not be in danger of spew/bear generation. Furthermore, with regards to applicant’s statement that “Nakada is clearly aware of a configuration of Sato”, examiner notes that such a statement amounts to the applicant’s own opinion not supported by explicit evidence from Nakada showing their supposed awareness.
In applicant’s response on p.10, applicant argues that “neither Nakada nor Sato disclose assembly/disassembly so there would be no motivation for the combination” with Onimatsu. Examiner disagrees, noting that all three references disclose tire vulcanization devices that start in an open/disassembled state as to allow for the placement of a green tire within the mold and then are closed into an assembled state as to preform the vulcanization. If said tire vulcanization devices were never disassembled/opened, then the tire would never be removed. Furthermore, examiner notes that applicant’s specification teaches that “the sector molds 6c are assembled in an annular shape, and the mold 6 is closed” (p.8 L16-18), reflecting a similar understanding to the Nakada, Sato and Onimatsu as to what constitutes “closed/assembled”.
Regarding p. 11 of applicant’s remarks, applicant argues that the obviousness rejection in combination of Nakada and Onimatsu was not properly established as Nakada does not explicitly provide “details regarding sensor wiring and the like and where neither Sato nor Onimatsu disclose or suggest connectors between the mold and the container as required by claim 1”. Examiner disagrees, noting that the teachings of Onimatsu show that connections can be established between the various parts of a tire vulcanization device that move relative to one another through the use of “sensor connectors” (48) and “sensor connection terminal portions” (49) , including between molds and structures surrounding said molds, and that with such a teaching, a person of ordinary skill in the art could apply these teachings to establish connectors between the parts that make up the vulcanization mold of Nakada (“side plates” (14), “segments” (12)) and the container components that make up the vulcanization container of Nakada (“base plates” (16), “container” ([0036]).
Regarding p. 12 of applicant’s remarks, applicant argues that “claim 1 requires the upper and lower side plates to be annular and there is no evidence of this in Nakada” and that “the Office Action does not address the claim limitations of there being a plurality of segments or the sector molds being attached to the segments”. With regards to the shape of the upper and lower side plates, examiner notes Nakada relates to a tire mold, with tires being known to be annular, and thus, tire molds (including side plates) have an annular shape. With regards to the segments, examiner disagrees as the previously set forth rejection and the current one both disclose “sector shoe” (10) of Nakada as said segments.
Regarding p.12 of applicant’s remarks, applicant argues that based on the configuration of the cord 42 and pipe 40 in Nakada, “the container cannot be lowered along the outer circumferential surface 30” and that “further, if a connector is installed on the outer circumferential surface 30, airtightness between the outer circumferential surface 30 and the inner circumferential surface of the container cannot be secured” with regards to the teachings of Onimatsu. With regards to Nakada’s teaching of cord 42 and pipe 40 preventing the use of a container, examiner notes that “when the reference relied on expressly anticipates or makes obvious all of the elements of the claimed invention, the reference is presumed to be operable” (see MPEP 2121). With regards to the teachings of Nakada with Onimatsu, examiner disagrees, noting that the test for obviousness is not whether the features of a secondary reference may be bodily incorporated into the structure of the primary reference; nor is it that the claimed invention must be expressly suggested in any one or all of the references. Rather, the test is what the combined teachings of the references would have suggested to those of ordinary skill in the art. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981).
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 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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ALEXANDER D BOOTH whose telephone number is 571-272-6704. The examiner can normally be reached M-Th 7:00-4:30.
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/ALEXANDER D BOOTH/Examiner, Art Unit 1749
/John J DeRusso/Primary Examiner, Art Unit 1744