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 § 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.
3. Claim(s) 8, 9, 11-13, 16-18, 20-23, and 27-29 is/are rejected under 35 U.S.C. 103 as being unpatentable over Watanabe (JP 5-254315, of record) and further in view of (a) Randall (WO 2016/060851, of record) and/or Adamson (WO 03/105509, of record), (b) Downing (US 2006/0196332, of record), (c) Battocchio (US 2013/0112324, newly cited), and (d) Jung (WO 2007/081127, of record).
As best depicted in Figure 1, Watanabe is directed to a passenger tire construction comprising a tread 1, a pair of belt layers 6,7, a main carcass portion 4a, a turnup carcass portion 4b, a bead core 5, a bead filler 8, a chafer 3 (claimed rim cushion layer), and a sidewall rubber 2, wherein a bead filler height “h” is 15 mm and a chafer height H is 32 mm (Paragraph 25). It is initially noted that tread 1 and sidewall 2 are disclosed as separate and distinct components that are continuous with one another (Paragraph 15). This language would be recognized as describing a conventional tire construction in which the tread and sidewall contact one another as required by the claims.
It is further evident that a carcass turnup end is radially beyond said chafer height. In such an instance, though, Watanabe is silent with respect to the inclusion of an electronic device between a carcass turnup portion and a chafer.
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 between any rubber layers of Watanabe, including between the carcass layer and the rim cushion layer (would correspond with claimed rubber layer disposed in the sidewall portion), in view of the general disclosures of Adamson and Randall, there being no conclusive showing of unexpected results for the claimed invention. It is emphasized that the term rubber layer does not appear to be intended to distinguish from the rim cushion rubber layer (see figures in Applicant’s original disclosure).
With further respect to claim 8, it is extremely well known that tire constructions comprise a plurality of circumferentially spaced apart splice portions, as shown for example by Downing (Paragraph 3). More particularly, given that passenger tires commonly have a circumference on the order of 2,000 mm, it is evident that a tire with six splices, for example, would have a considerably larger spacing between adjacent splice locations (greater than 300 mm between adjacent splice locations). Even in a tire having ten splices, for example, a spacing between adjacent splice locations would be approximately 200 mm. In order to promote balanced weight, such splice portions are generally spaced at approximately equal distances from one another and thus, when including an additional component, such as an RFID, one of ordinary skill in the art would have found it obvious to contribute to a balanced weight as best possible. The specific placement of an RFID directly adjacent a splice would be inconsistent with the general idea to promote balanced weight as much as possible. Battocchio is further applied to expressly describe the placement of an RFID device spaced at least 90 degrees from a specific splice location (that being one associated with the component to which the RFID is arranged adjacent to) in order to promote communication (Abstract and Paragraph 57). Thus, one of ordinary skill in the art would have found it obvious to significantly space an RFID device from the splice locations associated with the components adjacent the RFID device.
Also, given that tire splices are commonly arranged at “approximately” equal intervals, it reasons that the totality of the references encompass an RFID device that is not positioned exactly in the middle of adjacent splice locations. Furthermore, Applicant has not provided a conclusive showing of unexpected results for the claimed arrangement (lack of examples in which spacings from first and second splice locations are disclosed such that inventive and non-inventive tire constructions are disclosed).
It is also noted that the claims are directed to absolute dimensions and it is well taken that tire dimensions are a function of the intended tire use and ultimately the tire size (larger tires, for example, have greater circumferences and thus greater spacings between splice portions, for example, would be expected to be greater and smaller tires having smaller circumferences and thus smaller spacings between splice portions would be expected to be smaller).
Lastly, regarding claim 8 (and claims 20, 21, and 23), coating rubber materials or encapsulation materials used with RFID assemblies are known to be formed with any number of shapes or geometries, as shown for example by Jung (Page 2, 2nd Paragraph). One of ordinary skill in the art would have found it obvious to use the claimed geometries given the general recognition in the art and Applicant has not provided a conclusive showing of unexpected results. It is further noted that Applicant states that “the cross-sectional shape of the coating layer 23 is not particularly limited….” (Paragraph 33 of original specification).
With respect to claim 9, Figure 1 depicts a tire construction in which a carcass turnup end is spaced greater than 15 mm from a belt end (based on a tire section height of approximately 100 mm as detailed above). Additionally, all radial locations along the chafer that are spaced between 30 mm and 32 mm from a rim base are necessarily spaced at least 15 mm from a bead core height (based on the fact that they would be spaced at least 15 mm from a bead filler outer end, which itself is radially beyond a bead core height). Also, a wide variety of additional radial locations within the radial extent of the chafer would satisfy the claims since the bead core is spaced from a bead filler outer end. One of ordinary skill in the art at the time of the invention would have found it obvious to position the RFID taught by Adamson and/or Randall at any number of radial locations that satisfy the claimed invention absent a conclusive showing of unexpected results.
Regarding claims 11 and 16, thickness t in Figure 1 can be as large as 2.5 mm and a maximum thickness of chafer 9 appears to significantly greater than thickness t at a height in the vicinity of the radially outer end of the bead filler. This suggests a wide variety of embodiments in which the RFID would be spaced at least 2 mm from a tire outer surface (when positioned at the boundary between the carcass turnup and the chafer).
As to claims 12, 13, 17, 18, 22, and 23 the RFID taught by Adamson includes a coating layer having a dielectric constant preferably less than 3 and a thickness of at least 0.2 mm (fully encompasses claimed range) (Page 2, Lines 20+). With specific respect to claims 22 and 23, it is well taken that a reference may be relied upon for all that it would have reasonably suggested to one having ordinary skill in the art, including non-preferred embodiments (MPEP 2123).
Regarding claims 27-29, the general disclosure of the aforementioned references suggests the placement of an RFID device that is distanced by more than 10 mm from splice locations (in light of the disclosed angles). In terms of “an adjacent splice”, the general disclosure of the references suggests the placement of an RFID away from splice locations so as to avoid increased weight in a single location. This is consistent with a spacing greater than 10 mm, and more specifically between 10 mm and 40 mm. Also, Applicant has not provided a conclusive showing of unexpected results for the claimed spacing (lack of comparative examples with spacings greater than 40 mm). With specific respect to claims 28 and 29, Example 22 would be non-inventive but demonstrates durability superior to that of all the inventive tire constructions (Table 3).
4. Claim(s) 14 and 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Watanabe, Adamson, Randall, Downing, Jung, and Battocchio as applied in claim 8 above and further in view of Sinnett (US 2011/0032174, of record).
As detailed above, Adamson and Randall evidence the common manufacture of tires with radio frequency identification devices (RFID). While such references fail to disclose the entire makeup of such devices, the claimed structure is consistent with common devices used in the tire industry, as shown for example by Sinnett (Abstract and Paragraphs 27 and 28). One of ordinary skill in the art at the time of the invention would have found it obvious to use common RFID assemblies in the tire of Watanabe absent a conclusive showing of unexpected results.
5. Claim(s) 24-26 is/are rejected under 35 U.S.C. 103 as being unpatentable over Watanabe, Adamson, Randall, Downing, Jung, and Battocchio as applied in claim 23 above and further in view of Iwamura (EP 1,197,354, of record).
Watanabe is directed to a passenger tire construction including at least one carcass ply (Paragraph 5). This disclosure, at a minimum, encompasses tire constructions including first and second carcass plies. In such an instance, though, Watanabe fails to depict or describe the location of turn ends associated with said first and second carcass ply.
The claimed carcass arrangement including two carcass plies, though, is consistent with that which is conventionally employed with multiple carcass plies arrangement, as shown for example by Iwamura (Figure 2 and Paragraphs 12 and 13). More particularly, a turnup end of the inner carcass ply is positioned at a height as large as 0.80 times a tire section height and a turnup end of the outer carcass ply is positioned at a height as small as 0.01 times a tire section height. This in turn suggests a wide variety of tire constructions in which the RFID is separated by at least 10mm from each turnup end (given that the exemplary tire can have a separation of greater than 50 mm between respective turnup ends). One of ordinary skill in the art would have found it obvious to include a conventional arrangement in the multi carcass assembly of Watanabe absent a conclusive showing of unexpected results.
Regarding claim 25, see Figures 1 and 2 of Iwamura.
Response to Amendment
6. The declaration under 37 CFR 1.132 filed February 25, 2026 is insufficient to overcome the rejection of claims 8, 9, 11-14, and 16-29 based upon Watanabe and Iwamura as set forth in the last Office action because: the prior art as a whole suggests the placement of RFID devices at a substantial distance from splice locations associated with adjacent tire components in order to promote communication. Given that the claims define absolute dimensions and it is well taken that tire dimensions (and thus spacings) are highly dependent on tire size, one of ordinary skill in the art would have found it obvious to use spacings in accordance to the claimed invention. For example, if 10 splicing locations are used in a small tire having a circumference of 1,000 mm, a spacing between adjacent splicing locations would be on the order of 100 mm. Alternatively, if 10 splicing locations are used in a larger tire having a circumference on 2,000 mm, a spacing between adjacent splicing locations would be on the order of 200 mm. The specific use of a spacing between an RFID and a splicing location of at least 10 mm is consistent with the general order of tire dimensions and the specific disclosure by Battocchio to have a spacing defined by an angle of at least 90 degrees from a splice location associated with an adjacent tire component (promotes communication). Also, it is clear that providing a spacing of at least 10 mm from a splicing location is consistent with the desire to eliminate the buildup of weight in a single location.
Response to Arguments
7. Applicant’s arguments with respect to claim(s) 8, 9, 11-14, and 16-29 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
8. 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.
9. 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.
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Justin Fischer
/JUSTIN R FISCHER/Primary Examiner, Art Unit 1749 March 26, 2026