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 .
Response to Amendment
The amendment filed 09/29/2025 has been entered. Claims 1-7, 9-13, 18-20 have been amended. Claim 8 has been cancelled. Claim 21 is a new addition. Claims 1-7 and 9-21 are pending.
Specification
The substitute specification filed 09/29/2025 is acknowledged and has been approved for entry by the examiner.
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.
Figures: The examiner provides illustrations from the prior art with additional annotations as needed to facilitate discussion of the claim elements. Moreover, it is held that guidance as provided by the figures is sufficient to enable public possession of an inventive concept. That is, an enabling picture may be used to reject claims directed to an article to include: anticipating claims if they clearly show the structure which is claimed. In re Mraz, 455 F.2d 1069, 173 USPQ 25 (CCPA 1972). And when the reference is a utility patent, it does not matter that the feature shown is unintended or unexplained in the specification. The drawings must be evaluated for what they reasonably disclose and suggest to one of ordinary skill in the art. In re Aslanian, 590 F.2d 911, 200 USPQ 500 (CCPA 1979), see MPEP 2125.The examiner provides marked-up reproductions of applicable drawings (as needed) to facilitate discussion of the prior art.
Claims 1-7, 9-12 are rejected under 35 U.S.C. 103 as being unpatentable over KR 10-2121377 B1, hereinafter ‘377, in view of Ra (KR 10-1230555 B1).
Regarding claims 1-2, 11-12, ‘377 discloses a tire vulcanization bracket, see at least [0001] – (construed as a clamp ring assembly). The limitation “for use during tire fabrication” – (relates to intended use and fails to require any tire structure different from that as suggested by the prior art to perform the claimed use). ‘377’s device includes clamp ring assemblies 10, 30. Clamp ring assembly 30 comprises a lower body 31 – (construed as a first clamp ring) to include first openings, and an upper body 32 – (construed as a first insert; the first insert is removable insertable into the first clamp ring) for insertion into the first clamp ring lower body. Clamp ring assembly 10 comprises an upper body 11 – (construed as a second clamp ring) to include second openings, and a lower body 12 – (construed as a second insert; the second insert is removable insertable into the second clamp ring) for insertion into the second clamp ring upper body.
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While ‘377 discloses the use of fasteners 33 and their representative first and second opening locations – (construed as first openings for the first clamp ring and second openings for the second clamp ring), and further include the first insert having third openings and the second insert having fourth openings both being rotationally alignable with the first and second openings; it does not explicitly disclose the openings include threaded and non-threaded openings.
Ra discloses a clamping ring for a tire. The ring is configured to have clamping holes 12. The clamping holes being configured to have holes which are threaded as depicted by annotation 15 and non-threaded holes such as the adjacent holes, see at least figures 4, 5. Ra discloses such hole configurations are suitable for the clamping ring assembly with reusable holes after failure of existing holes, see at least [0031], [0033]. It is considered, one of ordinary skill in the art would appreciate Ra for what it reasonably suggests and form ‘377’s bolt hole in a like manner. Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify ‘377’s clamping ring assemblies bolt holes to include both threaded and non-threaded holes in the claimed manner as reasonably suggested by Ra to provide a means for forming the clamping assemblies with reuseable holes in case of failure of existing holes.
Regarding claims 3-7, 9-10, while modified ‘377 discloses the use of a plurality of threaded and non-threaded bolt holes in the clamping rings and insert rings; it does not explicitly disclose the claimed bolt patterns. However, it has been held that where the only difference between the prior art and the claims was a recitation of relative dimensions of the claimed device and a device having the claimed relative dimensions would not perform differently than the prior art device, the claimed device was not patentably distinct from the prior art device (In Gardner v. TEC Systems, Inc., 725 F.2d 1338, 220 USPQ 777 (Fed. Cir. 1984) cert. denied, 469 U.S. 830, 225 USPQ 232 (1984)). See MPEP 2144.04 (IV). Moreover, one seeking to optimize the stability of the clamp ring connections would easily envision and/or as a matter of routine experimentation formed the claimed bolt sequencing range since: As previously discussed, Ra discloses when certain clamping holes become worn from use adjacent holes not previously used can be put into service. It being considered, one of ordinary skill would readily envision adjusting modified ‘377’s clamping ring assemblies and insert rings to have any number of desirable threaded and non-threaded openings to at least extend the useful life of the clamping ring assemblies and insert rings. Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to adjust modified ‘377’s clamping ring assemblies and insert rings to have the claimed threaded and non-threaded openings/bolt patterns as reasonably suggested by combination with Ra to provide the clamping assembly with the aforementioned benefits.
Claims 13-17 are rejected under 35 U.S.C. 103 as being unpatentable over KR 10-2121377 B1, hereinafter ‘377, in view of Ra (KR 10-1230555 B1).
Regarding claims 13-17, ‘377 discloses a tire vulcanization bracket, see at least [0001] – (construed as a clamp ring assembly). The limitation “for use during tire fabrication” – (relates to intended use and fails to require any tire structure different from that as suggested by the prior art to perform the claimed use). ‘377’s device includes clamp ring assemblies 10, 30. Clamp ring assembly 30 comprises a lower body 31 – (construed as a first clamp ring) to include first openings, and an upper body 32 – (construed as a first insert; the first insert being configured for removable connection to the first clamp ring via insertion of a bolt) for insertion into the first clamp ring lower body.
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Clamp ring assembly 10 comprises an upper body 11 – (construed as a second clamp ring) to include second openings, and a lower body 12 – (construed as a second insert; the second insert being configured for removable connection to the second clamp ring via insertion of a bolt) for insertion into the second clamp ring upper body. And where the openings in the first insert ring are configured in correspondence with the openings in the first clamp ring and the openings in the second insert ring are configured in correspondence with the openings in the second clamp ring; and the first and second insert rings are identical, see annotated figure above.
While ‘377 discloses the use of fasteners 33 and their representative first and second opening locations – (construed as first openings for the first clamp ring and second openings for the second clamp ring), and further include the first insert having third openings and the second insert having fourth openings both being rotationally alignable with the first and second openings; it does not explicitly disclose the openings include threaded and non-threaded openings, or the claimed bolt patterns.
Ra discloses a clamping ring for a tire. The ring is configured to have clamping holes 12. The clamping holes being configured to have holes which are threaded as depicted by annotation 15 and non-threaded holes such as the adjacent holes, see at least figures 4, 5. Ra discloses such hole configurations are suitable for the clamping ring assembly with reusable holes after failure of existing holes, see at least [0031], [0033]. It is considered, one of ordinary skill in the art would appreciate Ra for what it reasonably suggests and form ‘377’s bolt hole in a like manner.
As to the claimed bolt pattern: It has been held that where the only difference between the prior art and the claims was a recitation of relative dimensions of the claimed device and a device having the claimed relative dimensions would not perform differently than the prior art device, the claimed device was not patentably distinct from the prior art device (In Gardner v. TEC Systems, Inc., 725 F.2d 1338, 220 USPQ 777 (Fed. Cir. 1984) cert. denied, 469 U.S. 830, 225 USPQ 232 (1984)). See MPEP 2144.04 (IV). Moreover, one seeking to optimize the stability of the clamp ring connections would easily envision and/or as a matter of routine experimentation formed the claimed bolt sequencing range since: As previously discussed, Ra discloses when certain clamping holes become worn from use adjacent holes not previously used can be put into service. It being considered, one of ordinary skill would readily envision modifying ‘377’s clamping ring assemblies and insert rings to have any number of desirable threaded and non-threaded openings to at least extend the useful life of the clamping ring assemblies and insert rings. Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the clamping ring assemblies and insert rings of ‘377 to have the claimed threaded and non-threaded openings/bolt patterns as reasonably suggested by combination with Ra to provide the clamping assemblies with the aforementioned benefits
Claims 18-21 are rejected under 35 U.S.C. 103 as being unpatentable over KR 10-2121377 B1, hereinafter ‘377, in view of Ra (KR 10-1230555 B1).
Regarding claims 18, ‘377 discloses a tire vulcanization bracket, see at least [0001] – (construed as a clamp ring assembly). The examiner notes: Although, the claim is direct towards a method of assembling a clamp ring assembly. It has been held that “Under the principles of inherency, if a prior art device, in its normal and usual operation, would necessarily perform the method claimed, then the method claimed will be considered to be anticipated by the prior art device. When the prior art device is the same as a device described in the specification for carrying out the claimed method, it can be assumed the device will inherently perform the claimed process. In re King, 801 F.2d 1324, 231 USPQ 136 (Fed. Cir. 1986)”, see MPEP 2112.02. Therefore, it is considered the prior art product having the all the claimed structural features would necessarily have the same functionality/processability.
‘377’s device includes connecting an upper body 32 – (construed as a first insert) to a lower body 31 – (construed as a first clamp ring), wherein the body 31/first clamp rings include openings; and connecting a lower body 12 – (construed as a second insert) to an upper body 11 – (construed as a second clamp ring), wherein the body 11/second clamp rings include openings, see at least the figure below and figure 2.
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While ‘377 discloses the use of fasteners 33 and their representative opening locations; it does not explicitly disclose the openings include threaded and non-threaded openings.
Ra discloses a clamping ring for a tire. The ring is configured to have clamping holes 12. The clamping holes being configured to have holes which are threaded as depicted by annotation 15 and non-threaded holes such as the adjacent holes, see at least figures 4, 5. Ra discloses such hole configurations are suitable for the clamping ring assembly with reusable holes after failure of existing holes, see at least [0031], [0033]. It is considered, one of ordinary skill in the art would appreciate Ra for what it reasonably suggests and form ‘377’s bolt hole in a like manner. Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify ‘377’s clamping ring assemblies bolt holes to include both threaded and non-threaded holes in the claimed manner, as reasonably suggested by Ra to provide a means for forming the clamping ring assemblies with reuseable holes in case of failure of existing holes.
Regarding claim 19, modified ‘377 discloses connecting the body 32/first insert to the body 31/first clamp ring includes inserting the first insert into the first clamp ring, and connecting the body 12/second insert to the body 11/second clamp ring includes inserting the second insert into the second clamp ring. And further includes inserting fasteners 33 – (construed as bolts) into the threaded openings defined by the body 32/first insert and the second insert. Wherein connecting the body 32/first insert to the body 31/first clamp ring includes removably inserting the body 32/first insert into the body 31/first clamp ring, and wherein connecting the body 12/second insert to the body 11/second clamp ring includes removably inserting the body 12/second insert into the body 11/second clamp ring, see depiction below.
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Response to Arguments
Applicant’s arguments with respect to the claims 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
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
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 extension fee 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 date of this final action.
Contact Information
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CEDRICK S WILLIAMS whose telephone number is (571) 272-9776. The examiner can normally be reached on Monday - Thursday 8:00am-5:00pm.
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 on (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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/CEDRICK S WILLIAMS/Primary Examiner, Art Unit 1749