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 .
1) 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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 6-10-26 has been entered.
2) The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
3) Claims 22 and 23 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 22 (dependent on claim 12) is indefinite because the subject matter of “the component is formed of an overall composition by volume of 60% of the first compound and 40% of the second compound” (claim 22, emphasis added) is inconsistent with the subject matter of “the component has a first zone and a second zone, wherein the first zone has a first volumetric ratio of the first compound to the second compound and the second zone has a second volumetric ratio of the first compound to the second compound, wherein the first volumetric ratio and the second volumetric ratio are different and are 30/70 or 60/40” (claim 12, emphasis added).
Claim 23 (dependent on claim 12) is indefinite because the subject matter of “the component is formed of an overall composition by volume of 30% of the first compound and 70% of the second compound” (claim 23, emphasis added) is inconsistent with the subject matter of “the component has a first zone and a second zone, wherein the first zone has a first volumetric ratio of the first compound to the second compound and the second zone has a second volumetric ratio of the first compound to the second compound, wherein the first volumetric ratio and the second volumetric ratio are different and are 30/70 or 60/40” (claim 12, emphasis added).
4) The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
5) Claims 12, 15-17, 19-20 and 22-24 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
In claim 12, the subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention (i.e. the new matter) is “the component has a first zone and a second zone, wherein the first zone has a first volumetric ratio of the first compound to the second compound and the second zone has a second volumetric ratio of the first compound to the second compound, wherein the first volumetric ratio and the second volumetric ratio are different and are 30/70 or 60/40” (claim 12, emphasis added).
The original disclosure describes “the tread has a first and second zone, wherein each zone is formed by spirally winding the dual layer strip, wherein the first zone is formed of a dual layer strip having a strip ratio of the volumetric proportion of the first compound to the second compound used to form the dual layer strip, wherein the second zone has a different strip ratio than the first zone by varying the volumetric proportion of the first compound to the second compound” [paragraph 5 of original specification]. Paragraph 5 is silent as numerical volumetric ratio of the first compound to the second compound for the first zone and numerical volumetric ratio of the first compound to the second compound for the second zone and therefore cannot reasonably convey the above noted subject matter in claim 12.
The original disclosure describes “FIG. 1B illustrates a cross-sectional view of a tire tread 110 of the present invention where it is desired to have a tire tread having two desired tread properties. Thus, it is desired to have a tread composition having high rolling resistance and high dry traction. The tire tread 110 is formed of an overall tread composition of 60% compound A and 40% compound B. The tire tread 110 is formed by winding a continuous dual layer strip 210 onto a tire building drum or onto a shaped green carcass.”. In FIGURE 1B, the tread fails to have “first zone and a second zone, wherein the first zone has a first volumetric ratio of the first compound to the second compound and the second zone has a second volumetric ratio of the first compound to the second compound, wherein the first volumetric ratio and the second volumetric ratio are different and are from 30/70 or 60/40”. In other words, FIGURE 1B is directed to a tread having a single zone in which the tread has single volumetric ratio of 60/40 instead of two different zones wherein the first volumetric ratio and the second volumetric ratio are different and are from 30/70 or 60/40. Therefore, FIGURE 1B cannot reasonably convey the above noted subject matter in claim 12.
The original disclosure describes “FIG. 1C illustrates a fourth embodiment of a tread 120 formed of a dual layer strip having a 30% compound A to 70% compound B ratio, thus to form an overall ratio for the tread of 30% A to 70% B” [paragraph 37]. In FIGURE 1C, the tread fails to have “first zone and a second zone, wherein the first zone has a first volumetric ratio of the first compound to the second compound and the second zone has a second volumetric ratio of the first compound to the second compound, wherein the first volumetric ratio and the second volumetric ratio are different and are from 30/70 or 60/40”. In other words, FIGURE 1C is directed to a tread having a single zone in which the tread has single volumetric ratio of 30/70 instead of two different zones wherein the first volumetric ratio and the second volumetric ratio are different and are from 30/70 or 60/40. Therefore, FIGURE 1C cannot reasonably convey the above noted subject matter in claim 12.
There is no explicit basis for “the first volumetric ratio and the second volumetric ratio are different and are 30/70 or 60/40”. The original specification fails to teach selecting a first volumetric ratio of 30/70 for the first zone and selecting a second volumetric ratio of 60/40 for the second zone. The original specification fails to teach selecting a first volumetric ratio of 60/40 for the first zone and selecting a second volumetric ratio of 30/70 for the second zone. Thus, the original specification fails to reasonably convey the above noted subject matter.
Remarks
6) Applicant’s arguments with respect to claims 12, 15-17, 19-20 and 22-24 have been considered but are moot in view of the new ground of rejection and the reasons presented therein.
Allowable subject matter has not been indicated since claims 12, 15-17, 19-20 and 22-24 are subject to a 112a rejection.
7) No claim is allowed.
8) Any inquiry concerning this communication or earlier communications from the examiner should be directed to STEVEN D MAKI whose telephone number is (571)272-1221. The examiner can normally be reached Monday-Friday 9:30AM-6PM.
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 B Smith (Whatley) 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.
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/STEVEN D MAKI/
Primary Examiner, Art Unit 1749
June 27, 2026
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