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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 May 4, 2026 has been entered.
Claim Rejections - 35 USC § 112
3. The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
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.
4. Claims 1 and 3-10 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Independent claim 1 includes the language “their outermost edges in the tire width direction are aligned at least in part”. The original disclosure fails to include the language “at least in a part” and as such, said language is seen to constitute new matter.
5. Claims 1 and 3-10 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.
Independent claim 1 includes the language “at least in a part” and such language fails to provide a clear and concise understanding of the claimed invention. Is the claim, for example, attempting to define at least a partial overlap between the strip material in the full cover portion and the strip material in the edge cover portion ? Applicant is asked to clarify the scope of the claimed invention without the introduction of new matter.
Claim Rejections - 35 USC § 103
6. The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
7. Claim(s) 1 and 3-9 is/are rejected under 35 U.S.C. 103 as being unpatentable over JP 6635762 (of record) and further in view of Oare (US 5,115,853, of record).
As best depicted in Figures 1-4, JP ‘762 is directed to a tire construction comprising a carcass 5, a tread 2, a pair of sidewalls 3, a pair of bead cores 14, a pair of bead fillers 15, a pair of working belt layers 9A,9B, and a belt cover. More particularly, said belt cover is defined by a full cover portion 11, a first edge cover portion 12A located on a radially outer side of said full cover portion, and a second edge cover portion 12B located on a radially inner side of said full cover portion. JP ‘762 also states that said full cover portion and said edge cover portions are formed continuously by winding a single tape having a plurality of cords (corresponds with claimed single continuous strip of material- see Page 2 of machine translation). In such an instance, though, JP ‘762 fails to specifically teach the presence of overlapping windings in said full cover portion.
In any event, the inclusion of overlapping windings is consistent with the well-known and conventional manner in which belt cover assemblies are formed, as shown for example by Oare (Column 2, Lines 44-55). One of ordinary skill in the art at the time of the invention would have found it obvious to use an overlapping arrangement in the belt cover of JP ‘762 as it corresponds with common belt cover processing and provides additional reinforcement in a desired belt portion (overlapped arrangement increases cord density in a given belt portion). It is emphasized that there are an extremely limited number of winding arrangements and each is disclosed by Oare as being well known and conventional. Also, Applicant has not provided a conclusive showing of unexpected results for the claimed winding arrangement (and result belt cover structure).
With further respect to claim 1, the general disclosure detailed above is seen to encompass belt cover assemblies in which at least shoulder portions of said full cover layer are formed by overlapping adjacent windings. This arrangement is consistent with common arrangements designed to provide improved shoulder wear resistance and high-speed durability. It is emphasized that shoulder regions (at a minimum) are well recognized as experiencing high stresses and the inclusion of extra reinforcement (as a result of overlapped windings) in such regions to counter said stresses is consistent with known belt cover assemblies. Oare also states that (a) an amount of overlap is larger in respective shoulder portions (Column 3, Lines 4+) and (b) a variety of relationships within the same overlay structure can be used (Column 2, Lines 44+). One of ordinary skill in the art would have recognized (b) as encompassing a plurality of embodiments in the tire of JP ‘762, particularly the use of an overlapping arrangement in only respective full cover shoulder portions, the use of an overlapping arrangement in only respective edge cover portions, or the use of an overlapping arrangement in both the full cover shoulder portions and the edge cover portions. Absent a conclusive showing of unexpected results, one of ordinary skill in the art at the time of the invention would have found it obvious to form the tire of JP ‘762 in accordance to the claimed invention (overlap in only respective full cover shoulder portions). It is emphasized that all three of the aforementioned arrangements would result in greater reinforcement in respective shoulder or edge portions as taught by Oare (extremely limited number of possible arrangements).
Lastly, regarding claim 1, respective edge cover portions are wound radially below and radially above respective axially outer ends of the full cover portion (continuous structure) and as such, axially outermost edges of the full cover portion and respective edge cover portions would be aligned at least in a part. It is emphasized that the overlap between adjacent windings in the full cover shoulder portions is independent of an axially alignment between the edge cover portions and the full cover shoulder portions. Again, there are axially outermost windings in respective full cover shoulder portions and adjacent additional windings (axially inward of the axially outermost windings), either below or above said axially outermost winding, that define respective edge cover portions that would in fact be aligned with the axially outermost winding. The fact that an axially outermost winding in the full cover shoulder portion overlaps with an adjacent winding (axially inside) in the full cover shoulder portion is immaterial to the alignment of the axially outermost winding of the full cover shoulder portion and windings in the edge cover portions below or above the full cover shoulder portion (edge cover portions are formed in a continuous winding method in that respective edge cover portions are integral with and continuous with the full cover portion and thus axially outermost edges of the full cover portion would be aligned with axially outermost edges of the edge cover portions).
As to claim 3, Oare describes an exemplary overlap of 50% in respective shoulder portions, which would equate to a ratio of 0.5 between the pitch and the tape or strip width. Oare also states that a center portion can include an overlap between 0% and 75% and such corresponds with a ratio of 0.25-1 (fully encompasses the claimed range of 0.5-1 in the full cover portion). In regards to the edge cover portions of JP ‘762, one of ordinary skill in the art at the time of the invention would have found it obvious to use a ratio of 1 (non-overlapping arrangement) since the inclusion of an overlapping arrangement beneath the overlapping arrangement in the full cover portions would create excessively larger rigidities at respective ends (akin to the presence of 4 layers in a given radial plane). Also, Applicant has not provided a conclusive showing of unexpected results for the specific combination required by the claimed invention, it being noted that Oare even suggests the use of abutting or overlapping arrangements in the center and middle portions (Column 3, Lines 1+).
With respect to claims 4 and 7, respective edge cover portions can extend beyond a tread end by a distance S as small as 5% of a tire section width H2 (slightly greater width than an overall width of the belt cover). It appears that distance S is on the order of 0.5 times overall widths W1 and W2 associated with respective edge cover portions. This suggests widths for said edge cover portions that are consistent with the broad range of the claimed invention and Applicant has not provided a conclusive showing of unexpected results for the claimed ratio.
Regarding claims 5 and 8, an exemplary strip or tape of Oare includes 12 cords (Figure 2).
As to claims 6 and 9, Figure 1 of JP ‘762 depicts the claimed arrangement.
Regarding claim 10, given that the cords taught by Oare include first and second yarns, it reasons that a maximum outer diameter of said cords would be on the order of 0.46 mm and in accordance to the claimed invention (in light of Applicant’s calculation that individual yarns have a diameter of approximately 0.23 mm).
Response to Arguments
8. Applicant’s arguments with respect to claim(s) 1 and 3-10 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
9. Any inquiry concerning this communication or earlier communications from the examiner should be directed to JUSTIN R FISCHER whose telephone number is (571)272-1215. The examiner can normally be reached M-F 5:30-2:00.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Katelyn 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 May 13, 2026
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