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.
Claim(s) 23, 24 and 26-39 and 45 are rejected under 35 U.S.C. 103 as being unpatentable over D’ambrosio et al. (US20110290403) (of record) in view of Irie (US5853525) (of record), Mancini et al. (US20140034220) (of record) and Byerley (US20120037318) (of record).
Regarding claim 23, D’ambrosio (Fig 1) discloses a method for building tyres for vehicle wheels, comprising:
a) moving a plurality of building drums (“first forming drums” (6)) along a closed first-stage path ([0212]-[0214]),
b) moving a plurality of carcass sleeves being processed along an open first-stage path ([0215]-[0226]),
wherein, along a first stage operating section in common between said closed first-stage path and said open first-stage path, each carcass sleeve being processed of said plurality of carcass sleeves being processed is built on a respective building drum of said plurality of building drums (“carcass structure building line” (2), [0212]-[0226]),
c) moving a plurality of auxiliary drums (“second forming drums” (7)) along a closed second-stage path ([0253]-[0254]),
d) moving a plurality of outer sleeves being processed along an open second-stage path ([0243]-[0254]),
wherein, along a second stage operating section in common between said closed second- stage path and said open second-stage path, each outer sleeve being processed of said plurality of outer sleeves being processed is built and moved on a respective auxiliary drum of said plurality of auxiliary drums ("crown structure building line" (3), [0243]-[0250]),
e) at the end of the second stage operating section, separating from the respective auxiliary drum a first outer sleeve being processed of said plurality of outer sleeves being processed and holding said first outer sleeve being processed ([0153] via “crown structure transfer devices”),
f) at the end of the open first-stage path, arranging a first carcass sleeve being processed of said plurality of carcass sleeves being processed in a coaxial and radially inner position with respect to the first outer sleeve being processed ([0153]), and
g) shaping said first carcass sleeve being processed ([0151]-[0153] via “shaping and assembling work station” (4)),
assembling said first carcass sleeve being processed with said first outer sleeve being processed to obtain a first green tyre being processed ([0265]).
While D’ambrosio does not explicitly disclose that the method comprises the use of a gripping ring arranged in a fixed reference position with the steps of:
having said open first-stage path ending at the gripping ring,
having said open second-stage path ending at said gripping ring,
that at the end of the second stage operating section, the holding of the said first outer sleeve being processed is done by said gripping ring,
that at the end of the open first-stage path, the arranging of the first carcass sleeve being processed is done while the first outer sleeve being processed is held by said gripping ring and
that the shaping is performed inside the gripping ring, the gripping ring performing a radially outer contrast function opposing radial expansion of the first carcass sleeve being processed during the shaping, and monitoring a force exerted on the gripping ring by the first carcass sleeve being processed and the first outer sleeve being processed during the shaping of the first carcass sleeve being processed
wherein said gripping ring is arranged in a fixed reference position during actions a)-g),
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) D’ambrosio explicitly discloses that the “shaping and assembling work station” (4) comprises of shaping devices “suitable for carrying out the shaping of the carcass structure” ([0151]-[0153]);
b1) Irie, which is within the tire manufacturing art, teaches that for the step of assembling and shaping the carcass structure into a green tire, the components of a shaping machine, including a shaping drum capable of axial movement (“shaping drum” (5), C8 L26-35), a means for transferring a carcass from a carcass building section to the shaping drum (“first transfer” (7), C8 L36-43)), and more specifically, a gripping ring (“second transfer” (8), C8 L46-48) are known components in the art of tire manufacturing (C9 L18-19);
b2) Irie teaches that the “second transfer” (8) is utilized in the tire manufacturing in the steps involving gripping the outer sleeves on an open second-stage path (C12 L46-67), part of the shaping the carcass sleeve into the outer sleeve while the outer sleeve is being held in place (C12 L46-67) and acts as the last position both the carcass sleeve and the outer sleeve are at before becoming a green tire (C13 L5-10), the gripping ring performs a radially outer contrast function opposing radial expansion of the first carcass sleeve during the shaping of the first carcass sleeve being processed (C12 L46-67),
c) Mancini, which is within the tire manufacturing art, teaches that for a gripping ring (“second transfer member” (39)) used in the transfer and coupling of an outer sleeve to a carcass sleeve ([0069]-[0071]), wherein a drum (“primary drum” (17) and/or “service drum” (31)) holding a tire component is configured to axially move in relation to the gripping ring, the gripping ring can be arranged to be in a fixed reference position during actions a)-g) for the benefit of simplifying the structure and the bulkiness of the transfer member ([0078], [0066]-[0067]); and
d) Byerley, which is within the tire manufacturing art, teaches that the use of a gripping ring (“transfer ring” (20), Fig 1)) for holding a belt and tread package can comprise of a step of monitoring the force being exerted on the gripping ring ([0059]-[0063] via “sensor” (146), in that at least once during the shaping process, sensor (146) is actively measuring the pressure within the “leftward end 250 of the cylinder” as “moving means” (110), as part of “transfer ring” (20), interacts with a belt and tread package by exerting a pressure onto a belt and tread package, an equal and opposite measurable pressure would be applied by the belt and tread package onto the transfer ring) for the benefit of ensuring that a belt and tread package are properly positioned during tire manufacture ([0061])
Examiner notes that while Mancini does teach a preferred embodiment in which the second transfer member (39) is capable of axial movement in relation to a drum ([0170]), the teaching of a preferred embodiment “does not constitute a teaching away from a broader disclosure or nonpreferred embodiments” as Mancini “does not criticize, discredit, or otherwise discourage the solution claimed” (see MPEP 2123). Furthermore, the existence of an optional axially movable second transfer member implies that the other option, a stationary second transfer member, exists and can be chosen.
If the above explanation is considered insufficient for how Mancini teaches for a stationary gripping ring in a fixed reference position during actions a)-g) for the benefit of structure simplicity and reduced bulkiness, an alternative explanation is as follows:
a1) Mancini teaches that a “first transfer member” (34a) works to transfer tire components between a “service drum” (31) and an “auxiliary drum” (22) ([0145]);
a2) “service drum” (31) is adapted to move towards various stations for building the tire structure ([0156]) and in relation to “first transfer member” (34a) for purposes of engagement/disengagement ([0151]);
a3) “auxiliary drum” (22) is adapted to move to various stations for building the tire structure ([0134]) and to move in relation to “first transfer member” for purposes of engagement/disengagement ([0150]); and
a4) because both “service drum” (31) and “auxiliary drum” (22) can move into/out of engagement with “first transfer member” (34a), “first transfer member” (3a) can have a simplified structure and operating bulkiness by being at a fixed reference position at all times of the operation ([0066]-[0067])
b1) Mancini teaches that a “second transfer member” (39) works to transfer tire components between a “service drum” (31) and a “primary drum” (22) ([0166]);
b2) “service drum” (31) is adapted to move towards various stations for building the tire structure ([0156]) and in relation to “second transfer member” (39) for purposes of engagement/disengagement ([0167]);
b3) “primary drum” (17) is adapted to move to various stations for building the tire structure ([0129]);
b4) Mancini explicitly teaches how, in relation to the movable “service drum” (31), the “second transfer member” (39) can remain in a fixed reference position for the benefit of the “second transfer member” (39) having a simplified structure and operating bulkiness ([0078]);
a person of ordinary skill in the art prior to the earliest effective priority date of the instant application would find it obvious that the taught benefit of having “first transfer member” (34a) remain stationary throughout tire manufacturing operations would also apply to the similar structure of “second transfer member” (39), which would then be applicable to other transfer members/gripping rings used for arranging a first carcass sleeve being processed in a coaxial and radially inner position with respect to a first outer sleeve being processed held by said gripping ring, including the “second transfer” (8) of Irie. One would have been motivated to do so for the benefit of a simplified structure and operating bulkiness of the gripping ring/transfer member as taught in Mancini.
Regarding claim 26, modified D’ambrosio teaches all limitations of claim 23 as set forth above. Additionally, D’ambrosio and Irie teaches that said open first-stage path comprises a final section arranged inside a shaping machine and ending at said gripping ring (D’ambrosio: “shaping and assembling work station” (4), Irie: Fig 4, C13 L1-10), and said first carcass sleeve being processed is moved axially along said final section associated with a shaping drum (Irie: “shaping drum” (5)) until said first carcass sleeve being processed is arranged in a coaxial and radially inner position with respect to the first outer sleeve being processed held by said gripping ring (Irie: C12 L46-67).
Regarding claim 27, modified D’ambrosio teaches all limitations of claim 26 as set forth above. Additionally, Irie teaches that the method comprises removing said shaping drum carrying said first green tyre being processed from said gripping ring by moving said shaping drum along a finishing path (C13 L1-10), and performing a rolling action of said first green tyre being processed associated with said shaping drum in a rolling station arranged along said finishing path (C13 L1-10 via “stitcher” (9)).
Regarding claim 28, modified D’ambrosio teaches all limitations of claim 27 as set forth above. Additionally, Irie teaches that the method further comprises arranging again said first green tyre being processed at said gripping ring, after said rolling action, said finishing path being a closed path starting and ending at said gripping ring (C13 L1-10).
Regarding claim 29, modified D’ambrosio teaches all limitations of claim 28 as set forth above. Additionally, Irie teaches that the method further comprises separating said first green tyre being processed from the shaping drum at the end of the finishing path and holding said first green tyre being processed by said gripping ring (C13 L1-10).
Regarding claim 30, modified D’ambrosio teaches all limitations of claim 29 as set forth above. Additionally, Byerley teaches that the method further comprises performing, by said gripping ring, a quality check of said first green tyre being processed ([0059]- [0063] in that “sensor” (146) is in constant communication with “controller” (152) which can control the flow of air within the device, and therefore the amount of pressure exerted by/from the held first outer sleeve, and [0009] in that the transfer member is capable of limiting radially outwardly-direct expansion for the benefit of promoting dimensional accuracy within the tire being constructed, with the dimensional accuracy as the quality being checked).
Regarding claim 31, modified D’ambrosio teaches all limitations of claim 30 as set forth above. Additionally, Irie teaches that said finishing path is arranged inside said shaping machine (Fig 4).
Regarding claim 32, modified D’ambrosio teaches all limitations of claim 31 as set forth above. Additionally, Irie teaches that the method further comprises removing said first green tyre being processed from said shaping machine and from said gripping ring, at the end of the finishing path (C13 L1-10).
Regarding claim 33, modified D’ambrosio teaches all limitations of claim 32 as set forth above. Additionally, Irie teaches that the separating said first outer sleeve being processed from the respective auxiliary drum is performed by said gripping ring, said second stage operating section ending at said gripping ring (C13 L1-10).
Regarding claim 34, modified D’ambrosio teaches all limitations of claim 33 as set forth above. Additionally, Irie teaches that the separating said first outer sleeve being processed from the respective auxiliary drum comprises: axially moving the auxiliary drum carrying the first outer sleeve being processed and inserting the auxiliary drum in the gripping ring at a first access of the gripping ring itself until reaching a position radially inside the gripping ring, and holding said first outer sleeve being processed by said gripping ring while the auxiliary drum is axially withdrawn from the first outer sleeve being processed (C12 L46-67, Fig 4).
Regarding claim 35, modified D’ambrosio teaches all limitations of claim 34 as set forth above. Additionally, Irie teaches that the arranging said first carcass sleeve being processed in a coaxial and radially inner position with respect to the first outer sleeve being processed comprises: axially moving said first carcass sleeve being processed and inserting said first carcass sleeve being processed into the gripping ring at a second access of the gripping ring axially opposite to said first access (C12 L46-67, Fig 4).
Regarding claim 36, modified D’ambrosio teaches all limitations of claim 35 as set forth above. Additionally, D’ambrosio teaches that the method comprises: building, by depositing semi-finished products, a first part of components of a carcass sleeve being processed along a first portion of said first stage operating section ([0098]-[0107]), said first part of components comprising at least one carcass ply, and building, by spiraling a continuous elongated element, a second part of components of the carcass sleeve being processed along a second portion of said first stage operating section ([0183]), said second part of components comprising at least one between i) anti-abrasive inserts and ii) at least a portion of sidewalls ([0013], [0185]).
Regarding claim 37, modified D’ambrosio teaches all limitations of claim 36 as set forth above. Additionally, D’ambrosio teaches that the method further comprises performing a bead building action in a position arranged between said first portion and said second portion of the first stage operating section, wherein said bead building action comprises engaging axially opposite ends of the carcass sleeve being processed to respective annular anchoring structures ([0236]-[0237]).
Regarding claim 38, modified D’ambrosio teaches all limitations of claim 37 as set forth above. Additionally, D’ambrosio teaches that the method further comprises building, by depositing semi-finished products, a first part of components of an outer sleeve being processed along a first portion of the second stage operating section ([0111]-[0118]), said first part of components comprising at least one belt layer ([0113]), and building a second part of components of the outer sleeve being processed along a second portion of the second stage operating section, said second part of components comprising at least one tread band ([0118]), with Mancini teaching that the tread band of a tire can be manufactured by spiraling a continuous elongated element for the benefit of achieving excellent qualitative standards and repeatability ([0008], [0021]).
Regarding claim 39, modified D’ambrosio teaches all limitations of claim 38 as set forth above. Additionally, D’ambrosio teaches that along said first stage operating section in common between said closed first-stage path and said open first-stage path, each carcass sleeve being processed of said plurality of carcass sleeves being processed is moved on a respective building drum of said plurality of building drums ([0227]).
Regarding claim 45, D’ambrosio discloses a method for building tyres for vehicle wheels, comprising:
a) building a plurality of carcass sleeves being processed in a first stage building line (“carcass structure building line” (2), [0212]-[0226]) and moving said carcass sleeves being processed along an open first-stage path ([0215]-[0226], said carcass sleeves being a cylindrical tire component);
b) building a plurality of outer sleeves being processed in a second stage building line ("crown structure building line" (3), [0243]-[0250]) and moving said outer sleeves being processed along an open second-stage path ([0243]-[0254], said outer sleeves being another cylindrical tire component);
c) said open first-stage path and said open second-stage patch both end at the same place ([0153] via “crown structure transfer devices”);
d) at the open second-stage path end: separating from an auxiliary drum (“second forming drums” (7)) a first outer sleeve being processed of said plurality of outer sleeves being processed and holding said first outer sleeve being processed ([0153] via “crown structure transfer devices”)
e) at the open first first-stage path end: arranging a first carcass sleeve being processed of said plurality of carcass sleeves being processed in a coaxial and radially inner position with respect to the first outer sleeve being processed ([0153])
f) shaping said first carcass sleeve, assembling said first carcass sleeve with said first outer sleeve to obtain a first green tyre being processed on a shaping drum (“first forming drums” (6)).
While D’ambrosio does not explicitly disclose that the method comprises the use of a gripping ring arranged in a fixed reference position at which both the open first-stage path and the second open second-stage path end at with the steps of
step d) at the open second-stage path ending at said gripping ring:
d1) axially moving and inserting the auxiliary drum carrying a first outer sleeve of said plurality of outer sleeves being processed by said gripping ring through a first access;
d2) holding the first outer sleeve by said gripping ring; and
d3) axially withdrawing the auxiliary drum, leaving the outer sleeve held by said gripping ring;
step e) at the open first-stage path ending at said gripping ring, axially moving the first carcass sleeve into the fixed gripping ring through a second access that is axially opposite the first access;
f) the gripping ring performing a radially outer contrast function opposing radial expansion of the first carcass sleeve during the shaping, and monitoring a force exerted on the gripping ring by the first carcass sleeve and the first outer sleeve;
g) axially removing said shaping drum carrying said first green tyre from said gripping ring by moving it along a finishing path;
h) performing a rolling action on said first green tyre in a rolling station arranged along said finishing path;
i) arranging said first green tyre again at said gripping ring, wherein said finishing path is a closed path that starts and ends at said gripping ring;
j) separating said first green tyre from the shaping drum and holding said first green tyre by means of said gripping ring; and
k) performing, by said gripping ring, a quality check of said first green tyre while it is held by said gripping ring.
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) D’ambrosio explicitly discloses that the “shaping and assembling work station” (4) comprises of shaping devices “suitable for carrying out the shaping of the carcass structure” ([0151]-[0153]);
b1) Irie, which is within the tire manufacturing art, teaches that for the step of assembling and shaping the carcass structure into a green tire, the components of a shaping machine, including a shaping drum capable of axial movement (“shaping drum” (5), C8 L26-35), a means for transferring a carcass from a carcass building section to the shaping drum (“first transfer” (7), C8 L36-43)), and more specifically, a gripping ring (“second transfer” (8), C8 L46-48) are known components in the art of tire manufacturing (C9 L18-19);
b2) Irie teaches that the “second transfer” (8) is utilized in the tire manufacturing in the steps involving gripping the outer sleeves on an open second-stage path (C12 L46-67), part of the shaping the carcass sleeve into the outer sleeve while the outer sleeve is being held in place (C12 L46-67) and acts as the last position both the carcass sleeve and the outer sleeve are at before becoming a green tire (C13 L5-10), the gripping ring performs a radially outer contrast function opposing radial expansion of the first carcass sleeve during the shaping of the first carcass sleeve being processed (C12 L46-67);
b3) Irie’s “second transfer” (8) interacts with the various drums, transfer means and cylindrical tire components on said drums/transfer means by relative axial translation between them and through either a first access side or a second access side opposite to the first (C8 L46-51, Fig 1, noting the first and second access represent the only means that a cylindrical tire component could be positioned within said “second transfer” (8) and represents a finite number of options that are immediately recognizable to a person of ordinary skill in the art and said options do not produce new or unexpected results (see MPEP 2143(I)(E)));
c) Mancini, which is within the tire manufacturing art, teaches that for a gripping ring (“second transfer member” (39)) used in the transfer and coupling of an outer sleeve to a carcass sleeve ([0069]-[0071]), wherein a drum (“primary drum” (17) and/or “service drum” (31)) holding a tire component is configured to axially move in relation to the gripping ring through either a first or second access ([0167], [0171], Fig 2, noting the first and second access represent the only means that a cylindrical tire component could be positioned within said “second transfer member” (39) and represent a finite number of options that are immediately recognizable to a person of ordinary skill in the art and said options do not produce new or unexpected results (see MPEP 2143(I)(E))), the gripping ring can be arranged to be in a fixed reference position during actions a)-g) for the benefit of simplifying the structure and the bulkiness of the transfer member ([0078], [0066]-[0067]);
d) Irie teaches that the method comprises removing said shaping drum carrying said first green tyre being processed from said gripping ring by moving said shaping drum along a finishing path (C13 L1-10, with the movement being axially as noted in both Irie and Mancini above), and performing a rolling action of said first green tyre being processed associated with said shaping drum in a rolling station arranged along said finishing path (C13 L1-10 via “stitcher” (9));
e) Irie teaches that the method further comprises arranging again said first green tyre being processed at said gripping ring, after said rolling action, said finishing path being a closed path starting and ending at said gripping ring (C13 L1-10);
f) Irie teaches that the method further comprises separating said first green tyre being processed from the shaping drum at the end of the finishing path and holding said first green tyre being processed by said gripping ring (C13 L1-10);
g) Byerley, which is within the tire manufacturing art, teaches that the use of a gripping ring (“transfer ring” (20), Fig 1) for holding a belt and tread package can comprise of a step of monitoring the force being exerted on the gripping ring ([0059]-[0063] via “sensor” (146), in that at least once during the shaping process, sensor (146) is actively measuring the pressure within the “leftward end 250 of the cylinder” as “moving means” (110), as part of “transfer ring” (20), interacts with a belt and tread package by exerting a pressure onto a belt and tread package, an equal and opposite measurable pressure would be applied by the belt and tread package onto the transfer ring) for the benefit of ensuring that a belt and tread package are properly positioned during tire manufacture ([0061]).
Examiner notes that while Mancini does teach a preferred embodiment in which the “second transfer member” (39) is capable of axial movement in relation to a drum ([0170]), the teaching of a preferred embodiment “does not constitute a teaching away from a broader disclosure or nonpreferred embodiments” as Mancini “does not criticize, discredit, or otherwise discourage the solution claimed” (see MPEP 2123). Furthermore, the existence of an optional axially movable second transfer member implies that the other option, a stationary second transfer member, exists and can be chosen.
If the above explanation is considered insufficient for how Mancini teaches for a stationary gripping ring in a fixed reference position during the tyre building method for the benefit of structure simplicity and reduced bulkiness, an alternative explanation is as follows:
a1) Mancini teaches that a “first transfer member” (34a) works to transfer tire components between a “service drum” (31) and an “auxiliary drum” (22) ([0145]);
a2) “service drum” (31) is adapted to move towards various stations for building the tire structure ([0156]) and in relation to “first transfer member” (34a) for purposes of engagement/disengagement ([0151]);
a3) “auxiliary drum” (22) is adapted to move to various stations for building the tire structure ([0134]) and to move in relation to “first transfer member” for purposes of engagement/disengagement ([0150]); and
a4) because both “service drum” (31) and “auxiliary drum” (22) can move into/out of engagement with “first transfer member” (34a), “first transfer member” (3a) can have a simplified structure and operating bulkiness by being at a fixed reference position at all times of the operation ([0066]-[0067])
b1) Mancini teaches that a “second transfer member” (39) works to transfer tire components between a “service drum” (31) and a “primary drum” (22) ([0166]);
b2) “service drum” (31) is adapted to move towards various stations for building the tire structure ([0156]) and in relation to “second transfer member” (39) for purposes of engagement/disengagement ([0167]);
b3) “primary drum” (17) is adapted to move to various stations for building the tire structure ([0129]);
b4) Mancini explicitly teaches how, in relation to the movable “service drum” (31), the “second transfer member” (39) can remain in a fixed reference position for the benefit of the “second transfer member” (39) having a simplified structure and operating bulkiness ([0078]);
a person of ordinary skill in the art prior to the earliest effective priority date of the instant application would find it obvious that the taught benefit of having “first transfer member” (34a) remain stationary throughout tire manufacturing operations would also apply to the similar structure of “second transfer member” (39), which would then be applicable to other transfer members/gripping rings used for arranging a first carcass sleeve being processed in a coaxial and radially inner position with respect to a first outer sleeve being processed held by said gripping ring, including the “second transfer” (8) of Irie. One would have been motivated to do so for the benefit of a simplified structure and operating bulkiness of the gripping ring/transfer member as taught in Mancini.
Claim(s) 23, 26-39 and 45 are rejected under 35 U.S.C. 103 as being unpatentable over D’ambrosio et al. (US20110290403) (of record) in view of Irie (US5853525) (of record), Mancini et al. (US20140034220) (of record) and Sakamoto (EP0813952) (of record).
Regarding claim 23, D’ambrosio (Fig 1) discloses a method for building tyres for vehicle wheels, comprising:
a) moving a plurality of building drums (“first forming drums” (6)) along a closed first-stage path ([0212]-[0214]),
b) moving a plurality of carcass sleeves being processed along an open first-stage path ([0215]-[0226]),
wherein, along a first stage operating section in common between said closed first-stage path and said open first-stage path, each carcass sleeve being processed of said plurality of carcass sleeves being processed is built on a respective building drum of said plurality of building drums (“carcass structure building line” (2), [0212]-[0226]),
c) moving a plurality of auxiliary drums (“second forming drums” (7)) along a closed second-stage path ([0253]-[0254]),
d) moving a plurality of outer sleeves being processed along an open second-stage path ([0243]-[0254]),
wherein, along a second stage operating section in common between said closed second- stage path and said open second-stage path, each outer sleeve being processed of said plurality of outer sleeves being processed is built and moved on a respective auxiliary drum of said plurality of auxiliary drums ("crown structure building line" (3), [0243]-[0250]),
e) at the end of the second stage operating section, separating from the respective auxiliary drum a first outer sleeve being processed of said plurality of outer sleeves being processed and holding said first outer sleeve being processed ([0153] via “crown structure transfer devices”),
f) at the end of the open first-stage path, arranging a first carcass sleeve being processed of said plurality of carcass sleeves being processed in a coaxial and radially inner position with respect to the first outer sleeve being processed ([0153]), and
g) shaping said first carcass sleeve being processed ([0151]-[0153] via “shaping and assembling work station” (4)),
assembling said first carcass sleeve being processed with said first outer sleeve being processed to obtain a first green tyre being processed ([0265]).
While D’ambrosio does not explicitly disclose that the method comprises the use of a gripping ring arranged in a fixed reference position with the steps of:
having said open first-stage path ending at the gripping ring,
having said open second-stage path ending at said gripping ring,
that at the end of the second stage operating section, the holding of the said first outer sleeve being processed is done by said gripping ring,
that at the end of the open first-stage path, the arranging of the first carcass sleeve being processed is done while the first outer sleeve being processed is held by said gripping ring and
that the shaping is performed inside the gripping ring, the gripping ring performing a radially outer contrast function opposing radial expansion of the first carcass sleeve being processed during the shaping and monitoring a force exerted on the gripping ring by the first carcass sleeve being processed and the first outer sleeve being processed during the shaping of the first carcass sleeve being processed
wherein said gripping ring is arranged in a fixed reference position during actions a)-g),
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) D’ambrosio explicitly discloses that the “shaping and assembling work station” (4) comprises of shaping devices “suitable for carrying out the shaping of the carcass structure” ([0151]-[0153]);
b1) Irie, which is within the tire manufacturing art, teaches that for the step of assembling and shaping the carcass structure into a green tire, the components of a shaping machine, including a shaping drum capable of axial movement (“shaping drum” (5), C8 L26-35), a means for transferring a carcass from a carcass building section to the shaping drum (“first transfer” (7), C8 L36-43)), and more specifically, a gripping ring (“second transfer” (8), C8 L46-48) are known components in the art of tire manufacturing (C9 L18-19);
b2) Irie teaches that the “second transfer” (8) is utilized in the tire manufacturing in the steps involving gripping the outer sleeves on an open second-stage path (C12 L46-67), part of the shaping the carcass sleeve into the outer sleeve while the outer sleeve is being held in place (C12 L46-67) and acts as the last position both the carcass sleeve and the outer sleeve are at before becoming a green tire (C13 L5-10), the gripping ring performs a radially outer contrast function opposing radial expansion of the first carcass sleeve during the shaping of the first carcass sleeve being processed (C12 L46-67);
c) Mancini, which is within the tire manufacturing art, teaches that for a gripping ring (“second transfer member” (39)) used in the transfer and coupling of an outer sleeve to a carcass sleeve ([0069]-[0071]), wherein a drum (“primary drum” (17) and/or “service drum” (31)) holding a tire component is configured to axially move in relation to the gripping ring, the gripping ring can be arranged to be in a fixed reference position during actions a)-g) for the benefit of simplifying the structure and the bulkiness of the transfer member ([0078], [0066]-[0067]); and
d) Sakamoto, which is within the tire manufacturing art, teaches that during a step of shaping a carcass sleeve to combine with an outer sleeve to produce a green tire ([0012]), said step includes monitoring, during the shaping, a force exerted on a gripping ring (“transfer ring” (1)) by the shaping of the carcass sleeve with the outer sleeve ([0005]-[0006], [0017]) for the benefit of both detecting and fixing green tires with Radial Runout ([0003]-[0005]).
Examiner notes that while Mancini does teach a preferred embodiment in which the second transfer member (39) is capable of axial movement in relation to a drum ([0170]), the teaching of a preferred embodiment “does not constitute a teaching away from a broader disclosure or nonpreferred embodiments” as Mancini “does not criticize, discredit, or otherwise discourage the solution claimed” (see MPEP 2123). Furthermore, the existence of an optional axially movable second transfer member implies that the other option, a stationary second transfer member, exists and can be chosen.
If the above explanation is considered insufficient for how Mancini teaches for a stationary gripping ring in a fixed reference position during actions a)-g) for the benefit of structure simplicity and reduced bulkiness, an alternative explanation is as follows:
a1) Mancini teaches that a “first transfer member” (34a) works to transfer tire components between a “service drum” (31) and an “auxiliary drum” (22) ([0145]);
a2) “service drum” (31) is adapted to move towards various stations for building the tire structure ([0156]) and in relation to “first transfer member” (34a) for purposes of engagement/disengagement ([0151]);
a3) “auxiliary drum” (22) is adapted to move to various stations for building the tire structure ([0134]) and to move in relation to “first transfer member” for purposes of engagement/disengagement ([0150]); and
a4) because both “service drum” (31) and “auxiliary drum” (22) can move into/out of engagement with “first transfer member” (34a), “first transfer member” (3a) can have a simplified structure and operating bulkiness by being at a fixed reference position at all times of the operation ([0066]-[0067])
b1) Mancini teaches that a “second transfer member” (39) works to transfer tire components between a “service drum” (31) and a “primary drum” (22) ([0166]);
b2) “service drum” (31) is adapted to move towards various stations for building the tire structure ([0156]) and in relation to “second transfer member” (39) for purposes of engagement/disengagement ([0167]);
b3) “primary drum” (17) is adapted to move to various stations for building the tire structure ([0129]);
b4) Mancini explicitly teaches how, in relation to the movable “service drum” (31), the “second transfer member” (39) can remain in a fixed reference position for the benefit of the “second transfer member” (39) having a simplified structure and operating bulkiness ([0078]);
a person of ordinary skill in the art prior to the earliest effective priority date of the instant application would find it obvious that the taught benefit of having “first transfer member” (34a) remain stationary throughout tire manufacturing operations would also apply to the similar structure of “second transfer member” (39), which would then be applicable to other transfer members/gripping rings used for arranging a first carcass sleeve being processed in a coaxial and radially inner position with respect to a first outer sleeve being processed held by said gripping ring, including the “second transfer” (8) of Irie. One would have been motivated to do so for the benefit of a simplified structure and operating bulkiness of the gripping ring/transfer member as taught in Mancini.
Regarding claim 26, modified D’ambrosio teaches all limitations of claim 23 as set forth above. Additionally, D’ambrosio and Irie teaches that said open first-stage path comprises a final section arranged inside a shaping machine and ending at said gripping ring (D’ambrosio: “shaping and assembling work station” (4), Irie: Fig 4, C13 L1-10), and said first carcass sleeve being processed is moved axially along said final section associated with a shaping drum (Irie: “shaping drum” (5)) until said first carcass sleeve being processed is arranged in a coaxial and radially inner position with respect to the first outer sleeve being processed held by said gripping ring (Irie: C12 L46-67).
Regarding claim 27, modified D’ambrosio teaches all limitations of claim 26 as set forth above. Additionally, Irie teaches that the method comprises removing said shaping drum carrying said first green tyre being processed from said gripping ring by moving said shaping drum along a finishing path (C13 L1-10), and performing a rolling action of said first green tyre being processed associated with said shaping drum in a rolling station arranged along said finishing path (C13 L1-10 via “stitcher” (9)).
Regarding claim 28, modified D’ambrosio teaches all limitations of claim 27 as set forth above. Additionally, Irie teaches that the method further comprises arranging again said first green tyre being processed at said gripping ring, after said rolling action, said finishing path being a closed path starting and ending at said gripping ring (C13 L1-10).
Regarding claim 29, modified D’ambrosio teaches all limitations of claim 28 as set forth above. Additionally, Irie teaches that the method further comprises separating said first green tyre being processed from the shaping drum at the end of the finishing path and holding said first green tyre being processed by said gripping ring (C13 L1-10).
Regarding claim 30, modified D’ambrosio teaches all limitations of claim 29 as set forth above. Additionally, Sakamoto teaches that the method further comprises performing, by said gripping ring, a quality check of said first green tyre being processed ([0003]-[0006], [0017]).
Regarding claim 31, modified D’ambrosio teaches all limitations of claim 30 as set forth above. Additionally, Irie teaches that said finishing path is arranged inside said shaping machine (Fig 4).
Regarding claim 32, modified D’ambrosio teaches all limitations of claim 31 as set forth above. Additionally, Irie teaches that the method further comprises removing said first green tyre being processed from said shaping machine and from said gripping ring, at the end of the finishing path (C13 L1-10).
Regarding claim 33, modified D’ambrosio teaches all limitations of claim 32 as set forth above. Additionally, Irie teaches that the separating said first outer sleeve being processed from the respective auxiliary drum is performed by said gripping ring, said second stage operating section ending at said gripping ring (C13 L1-10).
Regarding claim 34, modified D’ambrosio teaches all limitations of claim 33 as set forth above. Additionally, Irie teaches that the separating said first outer sleeve being processed from the respective auxiliary drum comprises: axially moving the auxiliary drum carrying the first outer sleeve being processed and inserting the auxiliary drum in the gripping ring at a first access of the gripping ring itself until reaching a position radially inside the gripping ring, and holding said first outer sleeve being processed by said gripping ring while the auxiliary drum is axially withdrawn from the first outer sleeve being processed (C12 L46-67, Fig 4).
Regarding claim 35, modified D’ambrosio teaches all limitations of claim 34 as set forth above. Additionally, Irie teaches that the arranging said first carcass sleeve being processed in a coaxial and radially inner position with respect to the first outer sleeve being processed comprises: axially moving said first carcass sleeve being processed and inserting said first carcass sleeve being processed into the gripping ring at a second access of the gripping ring axially opposite to said first access (C12 L46-67, Fig 4).
Regarding claim 36, modified D’ambrosio teaches all limitations of claim 35 as set forth above. Additionally, D’ambrosio teaches that the method comprises: building, by depositing semi-finished products, a first part of components of a carcass sleeve being processed along a first portion of said first stage operating section ([0098]-[0107]), said first part of components comprising at least one carcass ply, and building, by spiraling a continuous elongated element, a second part of components of the carcass sleeve being processed along a second portion of said first stage operating section ([0183]), said second part of components comprising at least one between i) anti-abrasive inserts and ii) at least a portion of sidewalls ([0013], [0185]).
Regarding claim 37, modified D’ambrosio teaches all limitations of claim 36 as set forth above. Additionally, D’ambrosio teaches that the method further comprises performing a bead building action in a position arranged between said first portion and said second portion of the first stage operating section, wherein said bead building action comprises engaging axially opposite ends of the carcass sleeve being processed to respective annular anchoring structures ([0236]-[0237]).
Regarding claim 38, modified D’ambrosio teaches all limitations of claim 37 as set forth above. Additionally, D’ambrosio teaches that the method further comprises building, by depositing semi-finished products, a first part of components of an outer sleeve being processed along a first portion of the second stage operating section ([0111]-[0118]), said first part of components comprising at least one belt layer ([0113]), and building a second part of components of the outer sleeve being processed along a second portion of the second stage operating section, said second part of components comprising at least one tread band ([0118]), with Mancini teaching that the tread band of a tire can be manufactured by spiraling a continuous elongated element for the benefit of achieving excellent qualitative standards and repeatability ([0008], [0021]).
Regarding claim 39, modified D’ambrosio teaches all limitations of claim 38 as set forth above. Additionally, D’ambrosio teaches that along said first stage operating section in common between said closed first-stage path and said open first-stage path, each carcass sleeve being processed of said plurality of carcass sleeves being processed is moved on a respective building drum of said plurality of building drums ([0227]).
Regarding claim 45, D’ambrosio discloses a method for building tyres for vehicle wheels, comprising:
a) building a plurality of carcass sleeves being processed in a first stage building line (“carcass structure building line” (2), [0212]-[0226]) and moving said carcass sleeves being processed along an open first-stage path ([0215]-[0226], said carcass sleeves being a cylindrical tire component);
b) building a plurality of outer sleeves being processed in a second stage building line ("crown structure building line" (3), [0243]-[0250]) and moving said outer sleeves being processed along an open second-stage path ([0243]-[0254], said outer sleeves being another cylindrical tire component);
c) said open first-stage path and said open second-stage patch both end at the same place ([0153] via “crown structure transfer devices”);
d) at the open second-stage path end: separating from an auxiliary drum (“second forming drums” (7)) a first outer sleeve being processed of said plurality of outer sleeves being processed and holding said first outer sleeve being processed ([0153] via “crown structure transfer devices”)
e) at the open first first-stage path end: arranging a first carcass sleeve being processed of said plurality of carcass sleeves being processed in a coaxial and radially inner position with respect to the first outer sleeve being processed ([0153])
f) shaping said first carcass sleeve, assembling said first carcass sleeve with said first outer sleeve to obtain a first green tyre being processed on a shaping drum (“first forming drums” (6)).
While D’ambrosio does not explicitly disclose that the method comprises the use of a gripping ring arranged in a fixed reference position at which both the open first-stage path and the second open second-stage path end at with the steps of
step d) at the open second-stage path ending at said gripping ring:
d1) axially moving and inserting the auxiliary drum carrying a first outer sleeve of said plurality of outer sleeves being processed by said gripping ring through a first access;
d2) holding the first outer sleeve by said gripping ring; and
d3) axially withdrawing the auxiliary drum, leaving the outer sleeve held by said gripping ring;
step e) at the open first-stage path ending at said gripping ring:
e1) axially moving the first carcass sleeve into the fixed gripping ring through a second access that is axially opposite the first access;
f) the gripping ring performing a radially outer contrast function opposing radial expansion of the first carcass sleeve during the shaping and monitoring a force exerted on the gripping ring by the first carcass sleeve and the first outer sleeve;
g) axially removing said shaping drum carrying said first green tyre from said gripping ring by moving it along a finishing path;
h) performing a rolling action on said first green tyre in a rolling station arranged along said finishing path;
i) arranging said first green tyre again at said gripping ring, wherein said finishing path is a closed path that starts and ends at said gripping ring;
j) separating said first green tyre from the shaping drum and holding said first green tyre by means of said gripping ring; and
k) performing, by said gripping ring, a quality check of said first green tyre while it is held by said gripping ring.
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) D’ambrosio explicitly discloses that the “shaping and assembling work station” (4) comprises of shaping devices “suitable for carrying out the shaping of the carcass structure” ([0151]-[0153]);
b1) Irie, which is within the tire manufacturing art, teaches that for the step of assembling and shaping the carcass structure into a green tire, the components of a shaping machine, including a shaping drum capable of axial movement (“shaping drum” (5), C8 L26-35), a means for transferring a carcass from a carcass building section to the shaping drum (“first transfer” (7), C8 L36-43)), and more specifically, a gripping ring (“second transfer” (8), C8 L46-48) are known components in the art of tire manufacturing (C9 L18-19);
b2) Irie teaches that the “second transfer” (8) is utilized in the tire manufacturing in the steps involving gripping the outer sleeves on an open second-stage path (C12 L46-67), part of the shaping the carcass sleeve into the outer sleeve while the outer sleeve is being held in place (C12 L46-67), the gripping ring performs a radially outer contrast function opposing radial expansion of the first carcass sleeve during the shaping of the first carcass sleeve being processed (C12 L46-67) and acts as the last position both the carcass sleeve and the outer sleeve are at before becoming a green tire (C13 L5-10), ;
b3) Irie’s “second transfer” (8) interacts with the various drums, transfer means and cylindrical tire components on said drums/transfer means by relative axial translation between them and through either a first access side or a second access side opposite to the first (C8 L46-51, Fig 1, noting the first and second access represent the only means that a cylindrical tire component could be positioned within said “second transfer” (8) and represents a finite number of options that are immediately recognizable to a person of ordinary skill in the art and said options do not produce new or unexpected results (see MPEP 2143(I)(E)));
c) Mancini, which is within the tire manufacturing art, teaches that for a gripping ring (“second transfer member” (39)) used in the transfer and coupling of an outer sleeve to a carcass sleeve ([0069]-[0071]), wherein a drum (“primary drum” (17) and/or “service drum” (31)) holding a tire component is configured to axially move in relation to the gripping ring through either a first or second access ([0167], [0171], Fig 2, noting the first and second access represent the only means that a cylindrical tire component could be positioned within said “second transfer member” (39) and represent a finite number of options that are immediately recognizable to a person of ordinary skill in the art and said options do not produce new or unexpected results (see MPEP 2143(I)(E))), the gripping ring can be arranged to be in a fixed reference position during actions a)-g) for the benefit of simplifying the structure and the bulkiness of the transfer member ([0078], [0066]-[0067]);
d) Irie teaches that the method comprises removing said shaping drum carrying said first green tyre being processed from said gripping ring by moving said shaping drum along a finishing path (C13 L1-10, with the movement being axially as noted in both Irie and Mancini above), and performing a rolling action of said first green tyre being processed associated with said shaping drum in a rolling station arranged along said finishing path (C13 L1-10 via “stitcher” (9));
e) Irie teaches that the method further comprises arranging again said first green tyre being processed at said gripping ring, after said rolling action, said finishing path being a closed path starting and ending at said gripping ring (C13 L1-10);
f) Irie teaches that the method further comprises separating said first green tyre being processed from the shaping drum at the end of the finishing path and holding said first green tyre being processed by said gripping ring (C13 L1-10);
g) Sakamoto, which is within the tire manufacturing art, teaches that during a step of shaping a carcass sleeve to combine with an outer sleeve to produce a green tire ([0012]), said step includes monitoring, during the shaping, a force exerted on a gripping ring (“transfer ring” (1)) by the shaping of the carcass sleeve with the outer sleeve ([0005]-[0006], [0017]) for the benefit of both detecting and fixing green tires with Radial Runout ([0003]-[0005]).
Examiner notes that while Mancini does teach a preferred embodiment in which the “second transfer member” (39) is capable of axial movement in relation to a drum ([0170]), the teaching of a preferred embodiment “does not constitute a teaching away from a broader disclosure or nonpreferred embodiments” as Mancini “does not criticize, discredit, or otherwise discourage the solution claimed” (see MPEP 2123). Furthermore, the existence of an optional axially movable second transfer member implies that the other option, a stationary second transfer member, exists and can be chosen.
If the above explanation is considered insufficient for how Mancini teaches for a stationary gripping ring in a fixed reference position during the tyre building method for the benefit of structure simplicity and reduced bulkiness, an alternative explanation is as follows:
a1) Mancini teaches that a “first transfer member” (34a) works to transfer tire components between a “service drum” (31) and an “auxiliary drum” (22) ([0145]);
a2) “service drum” (31) is adapted to move towards various stations for building the tire structure ([0156]) and in relation to “first transfer member” (34a) for purposes of engagement/disengagement ([0151]);
a3) “auxiliary drum” (22) is adapted to move to various stations for building the tire structure ([0134]) and to move in relation to “first transfer member” for purposes of engagement/disengagement ([0150]); and
a4) because both “service drum” (31) and “auxiliary drum” (22) can move into/out of engagement with “first transfer member” (34a), “first transfer member” (3a) can have a simplified structure and operating bulkiness by being at a fixed reference position at all times of the operation ([0066]-[0067])
b1) Mancini teaches that a “second transfer member” (39) works to transfer tire components between a “service drum” (31) and a “primary drum” (22) ([0166]);
b2) “service drum” (31) is adapted to move towards various stations for building the tire structure ([0156]) and in relation to “second transfer member” (39) for purposes of engagement/disengagement ([0167]);
b3) “primary drum” (17) is adapted to move to various stations for building the tire structure ([0129]);
b4) Mancini explicitly teaches how, in relation to the movable “service drum” (31), the “second transfer member” (39) can remain in a fixed reference position for the benefit of the “second transfer member” (39) having a simplified structure and operating bulkiness ([0078]);
a person of ordinary skill in the art prior to the earliest effective priority date of the instant application would find it obvious that the taught benefit of having “first transfer member” (34a) remain stationary throughout tire manufacturing operations would also apply to the similar structure of “second transfer member” (39), which would then be applicable to other transfer members/gripping rings used for arranging a first carcass sleeve being processed in a coaxial and radially inner position with respect to a first outer sleeve being processed held by said gripping ring, including the “second transfer” (8) of Irie. One would have been motivated to do so for the benefit of a simplified structure and operating bulkiness of the gripping ring/transfer member as taught in Mancini.
Response to Arguments
Applicant's arguments filed 13 March 2026 have been fully considered but they are not persuasive.
Regarding applicant’s remarks on p.10-11, applicant argues that the declaration shows that the pneumatic pressure monitoring in Byerley’s anchoring collet is a physically different measurement from force monitoring on a gripping ring during shaping, that Sakamoto teaches a “feed-forward correction system” that is different from real-time force monitoring during active shaping and that the examiner must consider all evidence of record in making the rejection. Examiner notes that the declaration itself did not include any specific evidence, such as explicit citation to the prior art or to any additional reference, for supporting their statements. Purely for demonstration, such a showing of evidence could take the form of citing specific terminology used in the prior art and tying it to additional references to show that, to a person of ordinary skill in the art, the use of such terminology implies the disclosure’s conclusions. Given the evidence found in both the declaration and the prior art, examiner disagrees with the conclusions stated in the declaration.
Regarding applicant’s remarks on p.11, applicant argues that the cited passage of C8 L18-21 in the rejection of claim 24 does not address the limitation. Examiner notes that the citation of C8 L18-21 was a mistake which has been updated to properly cite C12 L46-67, which has been relied upon in previous office actions to address similar limitations.
Regarding applicant’s remarks on p.11-12, applicant argues that the shaping process in Irie does not perform a radially outer contrast function, as Irie’s gripping ring is a transfer device that does not comprise the structural rigidity necessary for such a function. Examiner disagrees, noting that claims 23 and 45 does not contain any claim language specifying necessary structural limitations for the gripping ring for “performing a radially outer contrast function” that differentiates it from the “second transfer” (8) taught by Irie, nor does applicant point to any particular structural limitation of Irie that would make it incapable of achieving said function, only noting that “Irie does not discuss the structural rigidity of the second transfer 8, its load-bearing capacity during shaping, or any force that it experiences as a result of the carcass expansion”. Applicant’s own specification is silent as to how the gripping ring’s structural rigidity or load-bearing capacity during shaping impacts its ability to achieve the function, only requiring that the “gripping ring 1 is adapted for carrying out radially outer contrast function during the shaping” (p.48 L4-6).
Regarding applicant’s remarks on p.11-12, applicant argues that Byerley does not measure the force exerted on the gripping ring as it measures the pneumatic pressure within a piston/cylinder arrangement, is a different phenomenon, and therefore does not read on the claim. Examiner disagrees, noting that as set forth in previous office actions, Byerley teaches that the controller is capable of manipulating the air flow within the multiple chambers of “moving means” (110) structure so as to adjust the positioning of “piston” (120) and “piston rod” (122) while in communication with “pressure sensor” (146) ([0059]-[0063]), which would include controlling the amount of pressure applied by the combined carcass sleeve and outer sleeve to the gripping ring. Furthermore, as the amount of pressure measured within the piston/cylinder arrangement is directly related to the amount of force exerted on the gripping ring ([0059]-[0063]), Byerley is considered to measure the force exerted on the gripping ring.
In response to applicant's argument on p.13-14 that the pressure is being measured for a different reason, a recitation of the intended use of the claimed invention must result in a structural difference between the claimed invention and the prior art in order to patentably distinguish the claimed invention from the prior art. If the prior art structure is capable of performing the intended use, then it meets the claim.
With regards to applicant’s response on p.14-15, applicant argues that the benefit of reducing mechanical complexity taught in Mancini is tied to functional redistribution and not to making the second transfer member positionally fixed. Examiner disagrees, given that because the first transfer member (34a) is not required to translationally move, it does not require any mechanical structure to enable translational movement, meaning the overall structure is simplified.
Regarding applicant’s remarks on p.15, applicant argues that because of “the fact that Mancini expressly prefers movability for the coupling/assembly station undermines the proposition that a person of ordinary skill would have been motivated to make it fixed during all method steps”. Examiner disagrees, noting that given the teaching of reducing mechanical complexity by making the “second transfer member” (39) stationary (and therefore not requiring any mechanical structure associated with said movability) as set forth in the rejection above, a person of ordinary skill in the art would be motivated to make it fixed during all method steps.
In response to applicant's argument on p.15-16 that the second transfer member has a different purpose that of the first transfer member and therefore teachings of the two cannot be combined, a recitation of the intended use of the claimed invention must result in a structural difference between the claimed invention and the prior art in order to patentably distinguish the claimed invention from the prior art. If the prior art structure is capable of performing the intended use, a structure capable of radially holding a tire component, then it meets the claim. Furthermore, applicant has not pointed to any specific language in the cited passages of [0053]-[0055] and [0068]-[0071], which discloses to the actions taken by the first and second transfer member, where Mancini explicitly teaches that the transfer members are structurally different to such a degree that teachings related to one transfer member would not be applicable to the other.
Regarding applicant’s remarks on p.16, applicant argues that examiner’s “obvious to try” argument with regards to the first/second access configuration is incorrect as “the access configuration in claim 45 is not a simple binary choice”. Examiner disagrees, noting that one of ordinary skill in the art would recognize, or alternatively find obvious, that the configuration may be done in a limited number of ways: (1) either from one axial side; or (2) the other opposite axial side. In other words, there are a finite number of identified, predictable solutions that a skilled artisan may choose from with a reasonable expectation of success. Absent unexpected results, case law holds that when there is a finite number of identified and predictable solutions, a person of ordinary skill has good reason to pursue known options with his or her technical grasp (see MPEP 2144.04(II)(B)). One of ordinary skill in the art before the effective filing date of the claimed invention would have found it obvious to use the claimed configuration as it is a predictable solution that a skilled artisan may choose from with a reasonable expectation of success.
Regarding applicant’s remarks on p.17, applicant argues that examiner did not provide mapping to steps g) to k) to any element of D’Ambrosio, Irie, Mancini, Byerley, or Sakamoto. Examiner disagrees, noting that the previous and current rejections do map each element of steps g) to k) with the prior art based on the content in each step. For instance, in the rejection of claim 45 as set forth above, bullet point d) based on Irie algins with step h) of the claim. Examiner is not required to use the same bulleting format as that of the applicant.
Regarding applicant’s remarks on p.18, applicant argues that the “per-segment grip pressure on a tread ring [[as taught in Sakamoto]] and an overall reaction force from a shaping process acting against a structural constraint are different physical quantities”. Examiner disagrees, noting that because Sakamoto’s “transfer ring” (1) measures a “tread ring holding pressure of each segment 7 of the transfer ring 1” to better control the pressure ([0017]) and such a pressure applied by the transfer ring onto the green tyre would be opposed by an equal and opposite pressure by the green tyre onto the transfer ring, the measuring of the tread ring holding pressure is directly related to measuring any force applied by the tire onto the transfer ring, including during shaping.
In response to applicant's argument on p. 18-19 that the functional role of Sakamoto’s transfer ring is different than that of the claimed gripping ring, a recitation of the intended use of the claimed invention must result in a structural difference between the claimed invention and the prior art in order to patentably distinguish the claimed invention from the prior art. If the prior art structure is capable of performing the intended use, then it meets the claim.
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
/SEDEF E PAQUETTE/Primary Examiner, Art Unit 1749
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