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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 09/05/2025 has been entered.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 12-20 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Regarding claim 12, the phrase “a depth of a channel of a network of the one or more networks of channels defining a shortest path connecting any point of the network of the one or more networks of channels” in lines 9-11 is unclear. It is unclear what the shortest path is connecting, as it currently only notes that it connects any point, which is a singular point, rather than connecting two or more points. For the purposes of examination, the examiner assumes the shortest path is connecting any two points of the network of the one or more networks of channels.
Claims 13-20 are indefinite by dependence on claim 12.
Regarding claim 13, the phrase “a constant-depth portion of the shortest path, of the channel defining the shortest path, has a length” in lines 1-2 is unclear. Is the constant-depth portion for the shortest path or for the channel? For the purposes of examination, the examiner assumes a constant-depth portion of the channel defining the shortest path has a length.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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) 12, 14, 16, and 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Chen (CN 102615750, see updated machine translation provided) (of record).
Regarding claim 12, Chen discloses a curing bladder for a tire having a shape exhibiting symmetry of revolution with a central axis and comprising a flexible wall (Figs. 1, 4, 7), an external surface of the flexible wall comprising an air drainage zone (Figs. 1, 4, 6: B1, B2, B3, B4) intended to come into contact with an internal surface of a green tire (Figs. 1, 4-7) ([0010]), and an air removal zone adjacent to the air drainage zone (Figs. 1, 4, 6: see zone on bladder radially inward of and adjacent to B4, i.e., where B4 ends), the curing bladder being equipped with an air drainage structure comprising elements recessed into the external surface (Figs. 4, 6, 7) ([0010], [0013]-[0014], [0017]), the recessed elements (Fig. 5: D) forming one or more networks of channels extending in the air drainage zone (Figs. 1, 4, 6: B1, B2, B3, B4) and as far as the air removal zone (Figs. 1, 4, 6: see where B4 ends), wherein a depth of a channel (Fig. 5: D) of a network of the one or more networks of channels defining a shortest path connecting any point of the network of the one or more networks of channels, which is situated in the air drainage zone and the air removal zone, increases along a length of the shortest path (Fig. 6) ([0013]-[0014], [0017]-[0018], [0031]), and wherein the one or more networks of channels include a multi-channel network having at least two channels (Figs. 5, 7: E1) ([0029]), including a first channel and a second channel, the first channel forming a junction with the second channel, a shortest path of the multi-channel network extending through the first channel, the second channel, and the junction (Fig. 5: see how grooves/channels E1 have junctions in which a plurality of channels are connected and a shortest path may extend between any two of them).
Chen further discloses that the depth of the channel gradually increases from 0.1 mm to 0.35 mm from the tread area to the shoulder area, to the bead area ([0014]). While Chen does not expressly disclose the numeric angle α that a wall constituting a bottom of the channel defining the shortest path forms with a plane parallel to the external surface of the curing bladder, the length of the channel from the tread to bead in any practical tire is less than 1432 mm, and the vertical rise along the channel is 0.25 mm. Using the relationship α = arctan(rise/run), the angle formed by the channel bottom relative to a plane parallel to the external surface of the curing bladder will be: α = arctan(0.25mm/L) = arctan(0.25/1432) ≈ 0.01o and α = arctan(0.25mm/L) = arctan(0.25/0.686) ≈ 20o. In other words, if the channel is greater than or equal to 0.686 mm long and less than or equal to 1432 mm long, which is generally true for all practical tire sizes and their corresponding tire curing bladder sizes, the slope of the channel bottom will be within the claimed range of between 0.01o and 20o. Thus, Chen necessarily discloses a channel bottom forming an angle α overlapping with the claimed range. Case law holds that in the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists. See MPEP 2144.05. Applicant's original disclosure fails to provide a conclusive showing of unexpected results for the angle α. Additionally, even if the exact angle α is not explicitly disclosed, one of ordinary skill in the art before the effective filing date of the claimed invention would recognize that gradual depth increases from tread to bead over a typical channel length necessarily fall within the claimed range, and any adjustment of channel dimensions to achieve a desired slope within this broad range would have been routine and obvious. See MPEP 2144.05.
While Chen does not expressly recite the flexible wall of the curing bladder is made of cross-linked rubber, it is consistent with the fundamentals of tire curing bladder construction to provide the bladder so as to be made of cross-linked rubber.
The examiner notes that “a shortest path connecting any point of the network of the one or more networks of channels” and “a shortest path of the multi-channel network” are broad limitations and do not expressly require how the shortest paths are structured, from where to where they are connected, where they are located/positioned/situated, etc. Without further claimed structure or boundaries, a shortest path may be any two points of the channel in the air drainage zone and the air removal zone.
Regarding claim 14, Chen further discloses the depth of the channel defining the shortest path is a strictly increasing depth (Fig. 6) ([0013]-[0014], [0017]-[0018], [0031]).
Regarding claim 16, Chen further discloses for the channel defining the shortest path (Fig. 4: E1), a constant-width portion of the shortest path extends along the entire length (Figs. 1, 4-7). Because the width is constant along the length of the channel, it necessarily has a constant-width portion of the shortest path as well. Further, because the width of the channel is constant along the shortest path, ant portion of the shortest path constitutes a constant width portion. The claim limitation does not require that the constant width portion span the entirety of the shortest path, nor does it specify the minimum length for the constant width portion. Accordingly, a constant-width portion having a length less than or equal to 20 times the width of the constant-width portion is met by selecting a portion of the shortest path satisfying the claimed dimensional relationship. The broadly claimed numerical range is necessarily met by Chen’s disclosure of a channel with constant width that necessarily encompasses portions of the channel that fall within the claimed relationship. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to implement the channel of Chen such that a portion of the shortest path has a length meeting the claimed dimensional relationship as this merely involved routine design choice and dimensional optimization of a known channel geometry to achieve predictable results. See MPEP 2144.05.
Regarding claim 18, Chen further discloses the distance (Fig. 5: L1) between channels (Fig. 5: D) is between 8 mm to 15 mm ([0028]). Accordingly, Chen further discloses a minimum distance between any point on the external surface belonging to the air drainage zone and a channel (i.e., any distance from a channel to any point on the external surface before reaching another channel) is less than 8 mm to 15 mm, which overlaps with the claimed range of less than or equal to 6 mm. Case law holds that in the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists. See MPEP 2144.05. Applicant's original disclosure fails to provide a conclusive showing of unexpected results for a minimum distance between any point on the external surface belonging to the air drainage zone and a channel.
The examiner further notes that the claim limitation “a minimum distance between any point on the external surface belonging to the air drainage zone and a channel” is very broad and does not recite any specific structure or boundaries for what “any point” is or what the “minimum distance” must be.
Claim(s) 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Chen (CN 102615750, see updated machine translation provided) (of record) as applied to claim 12 above, and further in view of Kagami et al. (JP 2009126019, see updated machine translation provided) (of record).
Regarding claim 13, while Chen discloses gradually increasing the depth of the channel from the tread to the bead ([0013]-[0014], [0018], [0031]), Chen does not expressly recite if that gradually increasing depth may comprise a constant-depth portion of the channel defining the shortest path that has a length less than or equal to 20 times a depth of the constant-depth portion.
Kagami also discloses a curing bladder (Figs. 1-2: 4) for a tire having a shape exhibiting symmetry of revolution with a central axis and comprising a flexible wall made of cross-linked rubber ([0008]), an external surface (Figs. 1-2, 3a, 5-7: 5) of the flexible wall comprising an air drainage zone (Fig. 3a: region between A-A) intended to come into contact with an internal surface of a green tire (Fig. 2: 30) ([0005]-[0006]), and an air removal zone (Fig. 3a: region between A to just outside of B) adjacent to the air drainage zone ([0005]-[0006]), the curing bladder being equipped with an air drainage structure comprising elements (Figs. 3a, 3b, 5-8: 9) recessed into the external surface, the recessed elements forming a network of channels extending in the air drainage zone and as far as the air removal zone (Figs. 3a, 5-7), wherein a depth (Figs. 3b, 8: d) of a channel (Figs. 3b, 8: 9) of the network, defining a shortest path (Figs. 3a, 5-7: see path between 91 to 92) connecting any point of the network of channels, which is situated in the air drainage zone, and the air removal zone, increases along a length of the path (Figs. 3b, 8) ([0012], [0018]). Kagami also discloses that the depth may be gradually increased in only a portion of the channel (i.e., there may be a constant-depth portion in the gradually increasing depth of the channel) ([0018]). In other words, it is a generally known and interchangeable design choice modification to have a gradually increasing depth for the channel or to have a gradually increasing depth with a constant-depth portion for the channel. Case law holds that it is prima facie obvious to substitute equivalents known for the same purpose. See MPEP 2144.06. Kagami further discloses that the depth (Fig. 8: d) of the outer groove portion (Figs. 7-8: 94) (i.e., a constant-depth portion of the path) can be selected appropriately depending on the type and size of the tire being used ([0020]). In other words, the dimensions of the constant-depth portion (i.e., length, depth, etc.) are considered to be result effective variables that may be varied depending on the type and size of the tire used. While Kagami does not explicitly disclose the value for a length of constant-depth portions of the path, it is considered within the ability of one of ordinary skill in the art at the time of the invention to rely on routine experimentation to arrive at suitable optimum operating parameters for said length. Absent unexpected results, case law holds that discovering an optimum value of a result effective variable involves only routine skill in the art. See MPEP 2144.05 (II)(B). Additionally, Kagami illustrates that constant-depth portions of the path have a length approximately 3.5 times a depth of the portion (See annotated Fig. 8 below), which overlaps with the claimed range of less than or equal to 20 times. While Kagami does not state whether the figure is drawn to scale, one of ordinary skill in the art would have nonetheless found it obvious that a length of constant-depth portions of the path would be reasonably in the range of approximately 3.5 times. Case law holds that in the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists. See MPEP 2144.05. Applicant's original disclosure fails to provide a conclusive showing of unexpected results for the length of the constant-depth portions of the path. In this manner, air collected between the bladder and tire can be smoothly released and reliably discharged without crushing the groove ([0006]). One of ordinary skill in the art before the effective filing date of the claimed invention would have found it obvious to modify Chen in order to provide the channel has a constant-depth portion of the shortest path that has a length less than or equal to 20 times a depth of the constant-depth portion for the advantages discussed above as taught by substantially similar Kagami in the tire curing bladder art.
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Claim(s) 15 and 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Chen (CN 102615750, see updated machine translation provided) (of record) as applied to claim 12 above, and further in view of any one of Sato et al. (JP 2005246862, see machine translation) (of record) and/or Kagami et al. (JP 2009126019, see updated machine translation provided) (of record).
Regarding claims 15 and 17, while Chen illustrates that the channel has a constant width along the length of the shortest path (Fig. 5), this is merely a preferable example and does not explicitly limit the disclosure to such a limitation. Disclosed examples and preferred embodiments do not constitute a teaching away from a broader disclosure or non-preferred embodiments. It is also well settled that an applied reference may be relied upon for all that it would have reasonably suggested to one of the ordinary skill in the art, including not only preferred embodiments, but less preferred and even non-preferred. See MPEP 2123.
Sato also teaches a curing bladder (Figs. 1-4: 1) for a tire having a shape exhibiting symmetry of revolution with a central axis and comprising a flexible wall made of cross-linked rubber ([0010]), an external surface (Figs. 1-4: 10) of the flexible wall comprising an air drainage zone (Figs. 1-4: 10a, 10b) intended to come into contact with an internal surface of a green tire (Fig. 2), and an air removal zone (Figs. 1-4: 10c) adjacent to the drainage zone, the bladder being equipped with an air drainage structure comprising elements (Figs. 3-4: 11) recessed into the external surface (Figs. 3-4: 10), the recessed elements (Fig. 3: 11) forming a network of channels extending in the air drainage zone (Fig. 3: 10a, 10b) and as far as the air removal zone (Fig. 3: 10c), wherein a depth (Fig. 4: D) of a channel (Fig. 4: 11) of the network, defining a shortest path (Fig. 3: see path from 10a to 10c in channels 11) connecting any point of the network of channels, which is situated in the air drainage zone, and the air removal zone, increases along a length of the path (Fig. 4) ([0013]), and wherein a width of the channel defining the shortest path decreases along the length of the shortest path and the width of the channel defining the shortest path is a strictly decreasing width (Fig. 3: see width of 11 decreasing from center region 10a to end regions 10c) ([0012]). In this manner, there is better pressure resistance, which makes it difficult for the vent groove (Fig. 3: 11) to be crushed by the bead portion abutment area (Fig. 3: 10c) before the bladder is pressed against the entire surface of the tire so that air remaining between the bladder and tire can be discharged via the vent groove, and thus vulcanization defects on the tire inner surface caused by air remaining between the bladder and tire can be improved ([0018]-[0019]). In addition, since there is no longer a need to apply a de-airing agent to the tire inner surface to facilitate the release of remaining air, it is possible to reduce the application process and cut costs ([0020]). Moreover, the formation of cracks on the tire inner surface are prevented, and the reliability of air discharge between the bladder and tire is improved ([0021]-[0022]). One of ordinary skill in the art before the effective filing date of the claimed invention would have found it obvious to modify Chen in order to provide the width of the channel defining the shortest path to decrease along the length of the shortest path for the advantages discussed above as taught by substantially similar Sato in the tire curing bladder art.
Additionally or alternatively, Kagami also discloses a curing bladder (Figs. 1-2: 4) for a tire having a shape exhibiting symmetry of revolution with a central axis and comprising a flexible wall made of cross-linked rubber ([0008]), an external surface (Figs. 1-2, 3a, 5-7: 5) of the flexible wall comprising an air drainage zone (Fig. 3a: region between A-A) intended to come into contact with an internal surface of a green tire (Fig. 2: 30) ([0005]-[0006]), and an air removal zone (Fig. 3a: region between A to just outside of B) adjacent to the air drainage zone ([0005]-[0006]), the curing bladder being equipped with an air drainage structure comprising elements (Figs. 3a, 3b, 5-8: 9) recessed into the external surface, the recessed elements forming a network of channels extending in the air drainage zone and as far as the air removal zone (Figs. 3a, 5-7), wherein a depth (Figs. 3b, 8: d) of a channel (Figs. 3b, 8: 9) of the network, defining a shortest path (Figs. 3a, 5-7: see path between 91 to 92) connecting any point of the network of channels, which is situated in the air drainage zone, and the air removal zone, increases along a length of the path (Figs. 3b, 8). Kagami further discloses a width of the channel (Figs. 3a, 5-7: 9) defining the shortest path connecting a point of the network (Figs. 3a, 5-7: see path between 91 to 92), which is situated in the air drainage zone, and the air removal zone, decreases along the length of the path (Figs. 3a, 5-7), wherein the width of the channel along the path may be a strictly decreasing width (Fig. 5). In this manner, air collected between the bladder and tire can be smoothly released and reliably discharged without crushing the groove ([0006]). One of ordinary skill in the art before the effective filing date of the claimed invention would have found it obvious to modify Chen in order to provide the width of the channel defining the shortest path to decrease along the length of the shortest path for the advantages discussed above as taught by substantially similar Kagami in the tire curing bladder art.
Claim(s) 19-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Chen (CN 102615750, see updated machine translation provided) (of record) as applied to claim 12 above, and optionally further in view of Sato et al. (JP 2005246862, see machine translation) (of record).
Regarding claims 19-20, while modified Chen does not explicitly disclose the value for the back-draft and draft angles of the channels, it is considered within the ability of one of ordinary skill in the art at the time of the invention to rely on routine experimentation to arrive at suitable optimum operating parameters for said back-draft and draft angles. Absent unexpected results, case law holds that discovering an optimum value of a result effective variable involves only routine skill in the art. See MPEP 2144.05 (II)(B).
Optionally, Sato also teaches a curing bladder (Figs. 1-4: 1) for a tire having a shape exhibiting symmetry of revolution with a central axis and comprising a flexible wall made of cross-linked rubber ([0010]), an external surface (Figs. 1-4: 10) of the flexible wall comprising an air drainage zone (Figs. 1-4: 10a, 10b) intended to come into contact with an internal surface of a green tire (Fig. 2), and an air removal zone (Figs. 1-4: 10c) adjacent to the drainage zone, the bladder being equipped with an air drainage structure comprising elements (Figs. 3-4: 11) recessed into the external surface (Figs. 3-4: 10), the recessed elements (Fig. 3: 11) forming a network of channels extending in the air drainage zone (Fig. 3: 10a, 10b) and as far as the air removal zone (Fig. 3: 10c), wherein a depth (Fig. 4: D) of a channel (Fig. 4: 11) of the network, defining a shortest path (Fig. 3: see path from 10a to 10c in channels 11) connecting any point of the network of channels, which is situated in the air drainage zone, and the air removal zone, increases along a length of the path (Fig. 4) ([0013]). Sato further teaches the channels have a rectangular cross-section (Fig. 4) ([0013]). In other words, the back-draft and draft angles are approximately 0°, which falls within both claimed ranges of from -10° to 0° and from 0° to 10°. Case law holds that in the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists. See MPEP 2144.05. Applicant's original disclosure fails to provide a conclusive showing of unexpected results for the back-draft and draft angles of the channels. One of ordinary skill in the art before the effective filing date of the claimed invention would have found it obvious to modify the cross-sectional shape of the channels in order to have a rectangular cross-section with back-draft and draft angles of approximately 0° as is generally known in the substantially similar art, as taught by substantially similar Sato in the tire curing bladder art.
Response to Arguments
Applicant’s arguments with respect to claim(s) 12-20 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.
Applicant's arguments filed 09/05/2025 have been fully considered but they are not persuasive.
On pages 6-8 of the Remarks, Applicant argues Kagami does not expressly recite the newly amended features of claim 12. The examiner notes that reliance on Kagami in the detailed rejection above is merely as a secondary reference to teach varying dimensions of the channel (i.e., depth, width) for the advantages and motivations as discussed above. Accordingly, Applicant’s arguments directed to Kagami as a primary reference for the independent claim are moot.
Contact Information
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SEDEF PAQUETTE (née AYALP) whose telephone number is (571) 272-5031. The examiner can normally be reached on Monday - Friday 8:00 AM EST - 4:00 PM EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, KATELYN SMITH (née WHATLEY) can be reached on (571) 270-5545. The fax phone number for the organization where this application or proceeding is assigned is (571) 273-8300. The fax phone number for the examiner is (571) 273-5031.
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/SEDEF E PAQUETTE/Primary Examiner, Art Unit 1749