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 .
1) 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.
2) 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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 7-23-26 has been entered.
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.
4) Claim 27 is 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.
As to claim 27, the 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 (i.e. the new matter) is "the shoulder extending edges provide a bonding interface with the tire carcass extending beyond shoulder pattern grooves remaining after removal of the original crown" (emphasis added). The original disclosure fails to describe the location of shoulder extending edges relative to shoulder pattern grooves remaining after removal of the original crown and thereby cannot reasonably convey the above noted subject matter.
5) 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.
6) Claims 25, 27, 29 and 33-34 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.
In claim 25, there is no antecedent basis for "the old tire" and, as such, the scope of claim 25 is ambiguous. In claim 25, it is suggested to change "the old tire" to --an old tire--.
In claim 27 line 7, there is no antecedent basis for "the original crown" and, as such, the scope of claim 27 is ambiguous.
In claim 27, the scope and meaning of "increase bonding area" is ambiguous. Increase relative to what?
In claim 29, there is no antecedent basis for "the belt edges" and, as such, the scope of claim 29 is ambiguous.
In claim 33, the scope and meaning of "increase bonding area" is ambiguous. Increase relative to what?
In claim 33, the scope and meaning of "improve transmission" is ambiguous. Improve transmission relative to what?
In claim 34, there is no antecedent basis for "the old tire carcass" and, as such, the scope of claim 34 is ambiguous.
ALLOWABLE SUBJECT MATTER
7) Claims 14-23, 26, 28, 30-32 and 35 are allowed.
Claims 25, 27, 29 and 33-34 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Upon careful reconsideration and in light of applicant's arguments filed 7-23-26, claim 14 is allowed. As to claim 14, the prior art when considered as a whole fails to render obvious a pre-vulcanized annular crown of an extra-large tire in which shoulder extending edges are provided with a structure of pattern blocks and pattern grooves which extend from a tread to sidewalls and the arc radius of the inner surfaces of the shoulder extending edges is 100-350 mm and the ends of the shoulder extending edges are blunt ends formed by a straight line or an arc, and the thickness of the blunt edges is 3-10 mm in combination with the remaining subject matter of claim 14.
Remarks
8) Applicant’s arguments with respect to claims 25, 27, 29 and 33-34 have been considered but are moot in view of the new ground of rejection and the reasons presented therein.
Claim 24 is withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected Group #2, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 10-31-24. Claim 24 has not been rejoined because claim 24 fails to require all of the limitations of allowed claim 14. It is emphasized that claim 24 describes "for preparing the pre-vulcanized annular crown of an extra-large tire according to claim 14" and this description in the preamble of claim 24 relates to intended use instead of limitations of the claimed method.
9) Any inquiry concerning this communication or earlier communications from the examiner should be directed to STEVEN D MAKI whose telephone number is (571)272-1221. The examiner can normally be reached Monday-Friday 9:30AM-6PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Katelyn B Smith (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.
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/STEVEN D MAKI/
Primary Examiner, Art Unit 1749
September 30, 2026
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