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 text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
3. Claim 16-27 and 29 is/are rejected under 35 U.S.C. 103 as being obvious over Battocchio (FR 2936977, newly cited) and further in view of Destraves (US 2021/0098858, of record).
The applied reference (Destraves- US ‘858) has a common inventor with the instant application. Based upon the earlier effectively filed date of the reference, it constitutes prior art under 35 U.S.C. 102(a)(2). This rejection under 35 U.S.C. 103 might be overcome by: (1) a showing under 37 CFR 1.130(a) that the subject matter disclosed in the reference was obtained directly or indirectly from the inventor or a joint inventor of this application and is thus not prior art in accordance with 35 U.S.C.102(b)(2)(A); (2) a showing under 37 CFR 1.130(b) of a prior public disclosure under 35 U.S.C. 102(b)(2)(B); or (3) a statement pursuant to 35 U.S.C. 102(b)(2)(C) establishing that, not later than the effective filing date of the claimed invention, the subject matter disclosed and the claimed invention were either owned by the same person or subject to an obligation of assignment to the same person or subject to a joint research agreement. See generally MPEP § 717.02.
As best depicted in Figures 1-3, Battocchio is directed to a tire construction comprising a carcass ply 42 formed with radially oriented metal reinforcing elements and a pair of calendaring layers or skim layers, a bead core 16 (located in bead B), a belt assembly 24, an innerliner 40 (claimed airtight layer), a first additional rubber layer 43 between said innerliner and said carcass (claimed fifth layer), a bead filler rubber 48 (claimed first bead filler), a chafer rubber 46 (claimed second layer), an exterior sidewall rubber 36 (claimed third layer), a second additional layer 62 (claimed fourth layer) disposed axially inwards of said exterior sidewall and said chafer rubber, and a tread 22. The tire of Battocchio further includes an electronic member 54 comprising a passive transponder 56 and a pair of circumferentially-oriented, dipole antennas 58, wherein said transponder is situated axially on an outside of an interior end of a bead and radially between a radially outermost end of the bead wire and an axial end of the crown reinforcement. See modified Figure 1 below.
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In such an instance, though, Battocchio fails to disclose the inclusion of a primary antenna and a radiating dipole antenna.
The claimed transponder arrangement, though, is consistent with that which is commonly used in modern day tire constructions, as shown for example by Destraves. Destraves teaches a radiating antenna 10 and a primary antenna that is electrically connected to an electronic portion (Paragraph 9), wherein said radiating antenna has a pair of first regions 101a,101b and a second region 102 therebetween. More particularly, (a) said primary antenna is circumscribed by a cylinder having a diameter of 0.8 mm (Paragraph 114), (b) said radiating antenna has an inner diameter of 1.05 mm (winding diameter of 1.275 mm) and a pitch of 1.55 mm in said first regions, and (c) said radiating antenna has an inside diameter of 1.35 mm (winding diameter of 1.575 mm) and a pitch of 1 mm in a second region (Paragraphs 114-119). Thus, the claimed ratio between the pitch and the winding diameter for the radiating antenna in said first regions is approximately 1.2 and between 0.8 and 3 as required by the claimed invention. Additionally, the claimed ratio between the pitch and the winding diameter for the radiating antenna in the second region is approximately 0.63. One of ordinary skill in the art would have found it obvious to use any transponder in the tire of Battocchio that is commonly used in the tire industry, including that required by the claimed invention, as evidenced by Destraves (recognized as having a structure and design that is suitable for tire constructions).
With further respect to claim 16, an inner diameter of the radiating antenna in the first region is 1.05 mm, which is smaller than an inner diameter of the radiating antenna in a second region (1.35 mm). Also, a diameter of the cylinder circumscribing the electronic portion is 1.15 mm and such is larger than an inner diameter of the radiating antenna in said first regions (1.05 mm) (Paragraph 120). This arrangement is described as forming two mechanical stops as required by the claimed invention (Paragraphs 49 and 120).
Furthermore, regarding claim 16, Battocchio states that the carcass reinforcing elements are radially inclined. Thus, the antennas of Battocchio are inclined at approximately 90 degrees with respect to the carcass reinforcing elements (greater than 45 degrees as required by the claimed invention)- such is seen to constitute an arrangement in which the transponder is plumb with the carcass layer (circumferentially oriented antennas would cross a pair of radially of radially oriented carcass cords). Battocchio specifically states that the transponder assembly (including the antennas) is perpendicularly oriented with respect to the carcass cords in order to achieve good signal transmission. This is depicted in modified Figure 3 of Battocchio below.
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Regarding claims 20-22, the transponder of Battocchio is embedded in a coating mass (claimed encapsulating mass) having a dielectric constant less than 3 (and thus an insulating coating mass). Additionally, bead filler 48 (corresponds with the at least one elastomer compound adjacent to the encapsulating mass) is well recognized as being formed with extremely rigid compositions having extremely high hardness values, for example, as high as 100 Shore A. One of ordinary skill in the art would have found it obvious to form the coating mass of Battocchio with inferior mechanical properties, such as modulus, as compared with the bead filler, given the general disclosure detailed above. It is emphasized that bead fillers are well recognized as corresponding with the highest hardness rubber component in modern day tire constructions, such that a hardness and modulus of the coating mass would be significantly smaller than that of the bead filler.
With respect to claims 23-25, the transponder of Battocchio is sandwiched between innerliner 40 and additional rubber layer 43. Also, distance “h” (measured from a height of the carcass turnup end) is at least 10 mm and ends of the innerliner and the additional rubber layer are radially inside a height of the carcass turnup end (and thus a distance between said transponder and inner ends of the innerliner and the additional rubber layer is necessarily greater than 10 mm and in accordance to the claimed invention).
Regarding claims 25 and 27, the transponder is axially inside of, for example, the carcass layer and the additional rubber layer. Additionally, the transponder is axially inside a sidewall rubber layer. With specific respect to claim 27, transponder 54 is separated from an axially inner surface of the sidewall, for example, by a thickness of rubber layer 62, a thickness of the bead filler, a thickness of the carcass layer, and a thickness of the additional rubber layer. The combination of these thickness values would be significantly greater than 0.3 mm (in view of the standard or common dimensions associated with the aforementioned tire components).
As to claim 26, a thickness of the sidewall rubber layer and the additional layer, for example, is measured in an axial direction while antennas of the transponder extend in a circumferential direction.
With respect to claim 29, said radiating antenna has an inner diameter of 1.05 mm (winding diameter of 1.275 mm) and a pitch of 1.55 mm in said first regions, and said radiating antenna has an inside diameter of 1.35 mm (winding diameter of 1.575 mm) and a pitch of 1 mm in a second region (Paragraphs 114-119).
4. Claim(s) 16-27 and 29 is/are rejected under 35 U.S.C. 103 as being unpatentable over Battocchio (FR 26936977) and further in view of Destraves (US 2021/0019590, of record).
The applied reference (Destraves- US ‘590) has a common inventor with the instant application. Based upon the earlier effectively filed date of the reference, it constitutes prior art under 35 U.S.C. 102(a)(2). This rejection under 35 U.S.C. 103 might be overcome by: (1) a showing under 37 CFR 1.130(a) that the subject matter disclosed in the reference was obtained directly or indirectly from the inventor or a joint inventor of this application and is thus not prior art in accordance with 35 U.S.C.102(b)(2)(A); (2) a showing under 37 CFR 1.130(b) of a prior public disclosure under 35 U.S.C. 102(b)(2)(B); or (3) a statement pursuant to 35 U.S.C. 102(b)(2)(C) establishing that, not later than the effective filing date of the claimed invention, the subject matter disclosed and the claimed invention were either owned by the same person or subject to an obligation of assignment to the same person or subject to a joint research agreement. See generally MPEP § 717.02.
As best depicted in Figures 1-3, Battocchio is directed to a tire construction comprising a carcass ply 42 formed with radially oriented metal reinforcing elements and a pair of calendaring layers or skim layers, a bead core 16 (located in bead B), a belt assembly 24, an innerliner 40 (claimed airtight layer), a first additional rubber layer 43 between said innerliner and said carcass (claimed fifth layer), a bead filler rubber 48 (claimed first bead filler), a chafer rubber 46 (claimed second layer), an exterior sidewall rubber 36 (claimed third layer), a second additional layer 62 (claimed fourth layer) disposed axially inwards of said exterior sidewall and said chafer rubber, and a tread 22. The tire of Battocchio further includes an electronic member 54 comprising a passive transponder 56 and a pair of circumferentially-oriented, dipole antennas 58, wherein said transponder is situated axially on an outside of an interior end of a bead and radially between a radially outermost end of the bead wire and an axial end of the crown reinforcement. See modified Figure 1 below.
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In such an instance, though, Battocchio fails to disclose the inclusion of a primary antenna and a radiating dipole antenna.
The claimed transponder arrangement, though, is consistent with that which is commonly used in modern day tire constructions, as shown for example by Destraves. Destraves teaches a radiating antenna 10 and a primary antenna that is electrically connected to an electronic portion (Paragraph 9), wherein said radiating antenna has a pair of first regions 101a,101b and a second region 102 therebetween. More particularly, (a) said primary antenna is circumscribed by a cylinder having a diameter of 0.8 mm (Paragraph 97), (b) said radiating antenna has an inner diameter of 1.05 mm (winding diameter of 1.275 mm) and a pitch of 1.55 mm in said first regions, and (c) said radiating antenna has an inside diameter of 1.35 mm (winding diameter of 1.575 mm) and a pitch of 1 mm in a second region (Paragraphs 101-103). Thus, the claimed ratio between the pitch and the winding diameter for the radiating antenna in said first regions is approximately 1.2 and between 0.8 and 3 as required by the claimed invention. Additionally, the claimed ratio between the pitch and the winding diameter for the radiating antenna in the second region is approximately 0.63. One of ordinary skill in the art would have found it obvious to use any transponder in the tire of Battocchio that is commonly used in the tire industry, including that required by the claimed invention, as evidenced by Destraves (recognized as having a structure and design that is suitable for tire constructions).
With further respect to claim 16, an inner diameter of the radiating antenna in the first region is 1.05 mm, which is smaller than an inner diameter of the radiating antenna in a second region (1.35 mm). Also, a diameter of the cylinder circumscribing the electronic portion is 1.15 mm and such is larger than an inner diameter of the radiating antenna in said first regions (1.05 mm) (Paragraph 120). This arrangement is described as forming two mechanical stops as required by the claimed invention.
Furthermore, regarding claim 16, Battocchio states that the carcass reinforcing elements are radially inclined. Thus, the antennas of Battocchio are inclined at approximately 90 degrees with respect to the carcass reinforcing elements (greater than 45 degrees as required by the claimed invention)- such is seen to constitute an arrangement in which the transponder is plumb with the carcass layer. Battocchio specifically states that the transponder assembly (including the antennas) is perpendicularly oriented with respect to the carcass cords in order to achieve good signal transmission. This is depicted in modified Figure 3 of Battocchio below.
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Regarding claims 20-22, the transponder of Battocchio is embedded in a coating mass (claimed encapsulating mass) having a dielectric constant less than 3 (and thus an insulating coating mass). Additionally, bead filler 48 (corresponds with the at least one elastomer compound adjacent to the encapsulating mass) is well recognized as being formed with extremely rigid compositions having extremely high hardness values, for example, as high as 100 Shore A. One of ordinary skill in the art would have found it obvious to form the coating mass of Battocchio with inferior mechanical properties, such as modulus, as compared with the bead filler, given the general disclosure detailed above. It is emphasized that bead fillers are well recognized as corresponding with the highest hardness rubber component in modern day tire constructions, such that a hardness and modulus of the coating mass would be significantly smaller than that of the bead filler.
With respect to claims 23-25, the transponder of Battocchio is sandwiched between innerliner 40 and additional rubber layer 43. Also, distance “h” (measured from a height of the carcass turnup end) is at least 10 mm and ends of the innerliner and the additional rubber layer are radially inside a height of the carcass turnup end (and thus a distance between said transponder and inner ends of the innerliner and the additional rubber layer are necessarily greater than 10 mm and in accordance to the claimed invention).
Regarding claims 25 and 27, the transponder is axially inside of, for example, the carcass layer and the additional rubber layer. Additionally, the transponder is axially inside a sidewall rubber layer. With specific respect to claim 27, transponder 54 is separated from an axially inner surface of the sidewall, for example, by a thickness of rubber layer 62, a thickness of the bead filler, a thickness of the carcass layer, and a thickness of the additional rubber layer. The combination of these thickness values would be significantly greater than 0.3 mm (in view of the standard or common dimensions associated with the aforementioned tire components).
As to claim 26, a thickness of the sidewall rubber layer and the additional layer, for example, is measured in an axial direction while antennas of the transponder extend in a circumferential direction.
With respect to claim 29, said radiating antenna has an inner diameter of 1.05 mm (winding diameter of 1.275 mm) and a pitch of 1.55 mm in said first regions, and said radiating antenna has an inside diameter of 1.35 mm (winding diameter of 1.575 mm) and a pitch of 1 mm in a second region (Paragraphs 101-103).
5. Claim(s) 21 is/are rejected under 35 U.S.C. 103 as being unpatentable over either one of (a) Battocchio and Destraves ‘858 or (b) Battocchio and Destraves ‘590 as applied in claim 16 above and further in view of Pulford (US 2019/0184771, newly cited).
As detailed above, the tire of Battocchio includes a transponder embedded in a coating mass or encapsulating mass. In such an instance, though, Battocchio is silent with respect to mechanical properties of said coating mass.
In any event, it is well recognized that encapsulating masses for electronic components in general are conventionally formed with soft rubber compositions having relatively low modulus and hardness properties, as shown for example by Pulford (Paragraph 44). One of ordinary skill in the art would have found it obvious to form the coating mass of Battocchio from a soft rubber composition as it is consistent with the function of known coating masses used with electronic components. It is further noted that such a “soft” coating mass would be recognized as having a smaller modulus than a wide variety of tire components, including a bead filler for example (which can be viewed as an elastomer adjacent said coating mass). It is emphasized that a bead filler is well recognized as being one of the hardest, if not the hardest, rubber component in modern day tire constructions.
Response to Arguments
6. Applicant’s arguments, see Pages 8-19, filed July 17, 2026, with respect to the rejection(s) of claim(s) 16-27 and 29 under 35 USC 103 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Battocchio (FR 2936977).
Conclusion
7. 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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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Katelyn Smith can be reached at 571-270-5545. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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Justin Fischer
/JUSTIN R FISCHER/Primary Examiner, Art Unit 1749 September 29, 2026
