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) The disclosure is objected to because of the following informalities: In the specification, line 10 of paragraph 25 on page 10 describes “triangular circumferential protrusion 47a”. However, FIGURE 3 illustrates 47a being an end of a “recess portion” of the L-shaped lateral groove 42a instead of a “protrusion”.
Appropriate correction is required.
3) 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 3-12 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.
Claim 1 describes “each first side lateral groove has a L-shape and comprises a triangular circumferential protrusion that protrudes toward a first side in the circumferential direction and is positioned at an end part of the first side in the axial direction of each first side lateral groove” (emphasis added). Since FIGURE 3’s illustration of “triangular circumferential protrusion 47a” (described in paragraph 25 on page 10 of the specification) is a recess portion instead of a protrusion, the scope of claim 1 is ambiguous. In other words, it is unclear if (1) claim 1 require a protrusion (as apparently literally required) or (2) claim 1 requires a recess portion (as apparently intended and as illustrated in FIGURE 3).
5) The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Nakagawa
6) Claims 1, 3-4, 6-8 and 10-11 are rejected under 35 U.S.C. 103 as being unpatentable over Nakagawa (US 6,102,093) in view of Hirai (US 2004/0020577) or Digman et al (US 2022/0355622).
Nakagawa discloses a pneumatic tire (passenger size 195/65R15) for use on ice / snow having a tread comprising shoulder blocks and central blocks separated by shoulder circumferential grooves (first and second main grooves) [FIGURE 10]. There is no groove having an annular portion extending in the circumferential direction over the entire circumference in the circumferential direction between the shoulder circumferential grooves. FIGURE 10 of Nakagawa shows first shoulder blocks, second shoulder blocks, first lateral grooves having groove width expansion portions, second lateral grooves having groove width expansion portions, center blocks having one end open “elongated” recesses, an annular groove surrounding an entire circumference of the center block, third lateral grooves and fourth lateral grooves wherein the first and second shoulder blocks have different structure, the first and second lateral grooves have different structure. All of the sipes in each shoulder block communicate with a shoulder circumferential groove. The tire has improved on ice performance. An annotated copy of Nakagawa’s FIGURE 10 is provided below:
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In the above MARKED UP FIGURE, the two black lines #1 and #2 were added by examiner to facilitate discussion of Nakagawa. As can be seen from the above MARKED UP COPY, each of the black lines #1 and #2 pass through the shoulder circumferential grooves without intersecting any land portion. Thus, each of the shoulder circumferential grooves in FIGURE 10 of Nakagawa is a see through circumferential groove and thereby defines an annular portion extending in a circumferential direction over an entire circumference in the circumferential direction [“a see through portion”]. Nakagawa does not recite first lateral grooves having a L-shape and comprising a triangular circumferential protrusion [“triangular circumferential recess portion”] that protrudes toward a first side in the circumferential direction and is positioned at an end part of the first side in the axial direction of each first side first lateral groove.
As to claims 1, 3 and 6-7, it would have been obvious to one of ordinary skill in the art to provide the tread pattern of Japan 935’s pneumatic tire for off road use / on road use such that the tread pattern comprises:
a plurality of first lateral grooves extending outward in the axial direction from the first main groove and arranged at intervals in the circumferential direction; and a plurality of second lateral grooves extending outward in the axial direction from the second main groove and arranged at intervals in the circumferential direction; wherein the respective first lateral grooves have first groove width expansion portions where a groove width increases, and the respective second lateral grooves have second groove width expansion portions where a groove width increases; wherein the first lateral grooves include a plurality of first side first lateral grooves and a plurality of first side second lateral grooves, the plurality of first side first lateral grooves and the plurality of first side second lateral grooves are arranged alternately in the circumferential direction, and the respective first side first lateral grooves have a different structure from the respective first side second lateral grooves; wherein each first side first lateral groove has a L-shape and comprises a triangular circumferential protrusion [“triangular circumferential recess portion”] that protrudes toward a first side in the circumferential direction and is positioned at an end part of the first side in the axial direction of each first side first lateral groove [claim 1],
the first groove width expansion portions are located on an outer side in the axial direction relative to a first ground contact end located on a first side in the axial direction, and the second groove width expansion portions are located on an outer side in the axial direction relative to a second ground contact end located on a second side in the axial direction [claim 3],
an outer edge in the axial direction of the first main groove is defined by at least one first side first shoulder block and at least one first side second shoulder block, the first side first shoulder block and the first side second shoulder block are arranged alternately in the circumferential direction, the first side first shoulder block has a different structure from the first side second shoulder block [claim 6],
a groove width expansion portion of the first side first lateral groove includes: an axially inner portion in which a maximum groove width expansion rate per unit length in the axial direction is a first groove width expansion rate; and an axially outer portion, extending outward in the axial direction from the axially inner portion, in which a minimum groove width expansion rate per unit length in the axial direction is a second groove width expansion rate that is larger than the first groove width expansion rate, and a groove width expansion portion of the first side second lateral groove gradually increases in groove width as the groove width expansion portion progresses toward an outer end in the axial direction [claim 7]
since (1) Hirai teaches providing a pneumatic passenger tire for off road/on road use such that the tire comprises alternating shoulder lateral grooves 6, 7 having different structure and separating shoulder blocks having different structure wherein each shoulder lateral groove 6 has groove width expansion portion having groove width increasing axially outward, a L-shape and a triangular circumferential recess portion protruding toward a first side in the circumferential direction and being positioned at an end of the first side in the axial direction AND wherein each shoulder lateral groove 7 has groove width expansion portion having groove width increasing axially outward to improve mud traction and road noise [FIGURES 1-2] or (2) Digman et al teaches a pneumatic passenger tire having excellent snow performance such that such that the tire comprises alternating first shoulder lateral grooves 173 and second shoulder lateral grooves 173 having different structure and separating shoulder blocks having different structure wherein each first shoulder lateral groove 173 has groove width expansion portion having groove width increasing axially outward, a L-shape and a triangular circumferential recess portion protruding toward a first side in the circumferential direction and being positioned at an end of the first side in the axial direction AND each second shoulder lateral groove 173 has groove width expansion portion having groove width increasing axially outward and a T-shape [FIGURE 1].
As to claims 4, 8 and 10-11, see Nakagawa’s tread pattern shown in FIGURE 10.
7) Claims 5 and 12 are rejected under 35 U.S.C. 103 as being unpatentable over Nakagawa (US 6,102,093) in view of Hirai (US 2004/0020577) or Digman et al (US 2022/0355622) as applied above and further in view of Sato (US 2022/0016942) and either Zanzig et al (US 2002/0011293) or Horiguchi (US 8,869,855).
As to claims 5 and 12, it would have been obvious to one of ordinary skill in the art to provide the pneumatic tire having Nakagawa’s tread pattern such that the tire further comprising sidewalls on both sides in the axial direction, the sidewalls each including a maximum width position protruding most outward in the axial direction, the sidewalls being made of an integral rubber composition, wherein at least one of the sidewall includes a side protector upheaving outward in the axial direction [claim 5], the sidewalls are made of one rubber composition [claim 12] since (1) Sato teaches providing a pneumatic tire with side block groups (side protector) protruding from a sidewall reference plane to achieve both cut resistance and mud drainage performance of the sidewall [1-8] and (2) Zanzig et al teaches a pneumatic rubber tire having a carcass with circumferential rubber tread and associated sidewalls (FIGURE 3 showing each sidewall 6 being one layer), wherein said tread and a portion of said sidewalls, are of a lug and groove configuration designed to be ground-contacting, wherein said lug and groove configuration extends from said tread over at least thirty percent of the tire sidewall adjacent to said tread and wherein a major portion of said lug and groove configured portion of said sidewall is of a rubber composition which comprises, based on 100 parts by weight rubber (phr), (A) elastomers comprised of (i) about 40 to about 80 phr of cis 1,4-polyisoprene natural rubber having a Tg in a range of about -65oC to about -70oC. and (ii) about 20 to about 60 phr of cis 1,4-polybutadiene rubber having a Tg in a range of about -100oC to about -106oC, (B) about 55 to about 80 phr of reinforcing filler comprised of carbon black and precipitated silica which is comprised of (i) about 5 to about 40 phr of carbon black having an Iodine number of about 35 to about 85 g/kg and a dibutylphthalate (DBP) value of about 70 to about 130 cm.sup.3/100 g and (ii) about 10 to about 70 phr of precipitated silica having a BET surface area of about 125 to about 200 m2/g; wherein the weight ratio of silica to carbon black is in a range of about 0.3/1 to about 3/1 and (C) a coupling agent having a moiety reactive with silanol groups on said silica and another moiety interactive with said elastomers; the sidewalls being both tear and abrasion resistant [FIGURES 1-3, paragraph 22, EXAMPLES, claim 1] or Horiguchi teaches a pneumatic tire comprising a carcass, a tread and a sidewall, the sidewall being pasted with both the carcass and the tread, the sidewall having a single rubber composition, the rubber component of the rubber composition comprising at least a natural rubber and a butadiene rubber comprising syndiotactic 1,2-polybutadiene crystals dispersed therein, wherein the sidewall has a thickness of 2 to 6 mm and includes at least one laminated rubber sheet with a thickness of at most 1.5 mm, said at least one rubber sheet having a complex modulus E*a of 3 to 15 MPa in a tire circumferential direction, measured at 70oC at a dynamic distortion of 2%, and wherein the ratio (E*a/ E*b) of the complex modulus E*a in a tire circumferential direction with respect to a complex modulus E*b in a tire radial direction, measured at 70oC at a dynamic distortion of 2% is 1.6 to 1.9; the tire having improved ride quality and steering stability [FIGURE 1, abstract, claim 1].
8) Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Nakagawa (US 6,102,093) in view of Hirai (US 2004/0020577) or Digman et al (US 2022/0355622) as applied above and further in view of Umstot et al (US D713328) or Miyazaki (US 2021/0039440).
As to claim 9, it would have been obvious to one of ordinary skill in the art to provide the pneumatic tire having Nakagawa’s tread pattern such that the annular groove in the central region of the tread is connected to a shoulder circumferential groove by alternating oppositely inclined third and fourth lateral grooves since Umstot et al [FIGURE 4] or Miyazaki [FIGURE 2], which like Nakagawa disclose a tire tread having shoulder main grooves separating a central region and shoulder regions and lateral grooves connecting an annular groove in the central region to a shoulder groove, teach providing the lateral grooves connecting the annular groove to a shoulder circumferential groove such that these lateral grooves comprise alternating oppositely inclined lateral grooves.
Japan 935
9) Claims 1, 3-4, 6-7 and 10-11 are rejected under 35 U.S.C. 103 as being unpatentable over Japan 935 (JP 06-143935) in view of Hirai (US 2004/0020577) or Digman et al (US 2022/0355622).
Japan 935 discloses a pneumatic tire for off road use / on road use having a tread comprising shoulder blocks and central blocks separated by shoulder circumferential grooves (first and second main grooves) [FIGURE 1]. There is no groove having an annular portion extending in the circumferential direction over the entire circumference in the circumferential direction between the shoulder circumferential grooves. FIGURE 1 of Japan 935 shows first shoulder blocks, second shoulder blocks, first lateral grooves having groove width expansion portions, second lateral grooves having groove width expansion portions. All of the sipes in each shoulder block communicate with a shoulder circumferential groove. Japan 935’s FIGURE 1 is provided below
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The tire has excellent running performance off road, excellent performance on road, especially wet drainage and braking performance, and high speed stability and noise of a dry road surface [machine translation]. Japan 935 does not recite first lateral grooves having a L-shape and comprising a triangular circumferential protrusion [“triangular circumferential recess portion”] that protrudes toward a first side in the circumferential direction and is positioned at an end part of the first side in the axial direction of each first side first lateral groove.
As to claims 1, 3 and 6-7, it would have been obvious to one of ordinary skill in the art to provide the tread pattern of Japan 935’s pneumatic tire for off road use / on road use such that the tread pattern comprises:
a plurality of first lateral grooves extending outward in the axial direction from the first main groove and arranged at intervals in the circumferential direction; and a plurality of second lateral grooves extending outward in the axial direction from the second main groove and arranged at intervals in the circumferential direction; wherein the respective first lateral grooves have first groove width expansion portions where a groove width increases, and the respective second lateral grooves have second groove width expansion portions where a groove width increases; wherein the first lateral grooves include a plurality of first side first lateral grooves and a plurality of first side second lateral grooves, the plurality of first side first lateral grooves and the plurality of first side second lateral grooves are arranged alternately in the circumferential direction, and the respective first side first lateral grooves have a different structure from the respective first side second lateral grooves; wherein each first side first lateral groove has a L-shape and comprises a triangular circumferential protrusion [“triangular circumferential recess portion”] that protrudes toward a first side in the circumferential direction and is positioned at an end part of the first side in the axial direction of each first side first lateral groove [claim 1],
the first groove width expansion portions are located on an outer side in the axial direction relative to a first ground contact end located on a first side in the axial direction, and the second groove width expansion portions are located on an outer side in the axial direction relative to a second ground contact end located on a second side in the axial direction [claim 3],
an outer edge in the axial direction of the first main groove is defined by at least one first side first shoulder block and at least one first side second shoulder block, the first side first shoulder block and the first side second shoulder block are arranged alternately in the circumferential direction, the first side first shoulder block has a different structure from the first side second shoulder block [claim 6],
a groove width expansion portion of the first side first lateral groove includes: an axially inner portion in which a maximum groove width expansion rate per unit length in the axial direction is a first groove width expansion rate; and an axially outer portion, extending outward in the axial direction from the axially inner portion, in which a minimum groove width expansion rate per unit length in the axial direction is a second groove width expansion rate that is larger than the first groove width expansion rate, and a groove width expansion portion of the first side second lateral groove gradually increases in groove width as the groove width expansion portion progresses toward an outer end in the axial direction [claim 7]
since (1) Hirai teaches providing a pneumatic passenger tire for off road/on road use such that the tire comprises alternating shoulder lateral grooves 6, 7 having different structure and separating shoulder blocks having different structure wherein each shoulder lateral groove 6 has groove width expansion portion having groove width increasing axially outward, a L-shape and a triangular circumferential recess portion protruding toward a first side in the circumferential direction and being positioned at an end of the first side in the axial direction AND wherein each shoulder lateral groove 7 has groove width expansion portion having groove width increasing axially outward to improve mud traction and road noise [FIGURES 1-2] or (2) Digman et al teaches a pneumatic passenger tire having excellent snow performance such that such that the tire comprises alternating first shoulder lateral grooves 173 and second shoulder lateral grooves 173 having different structure and separating shoulder blocks having different structure wherein each first shoulder lateral groove 173 has groove width expansion portion having groove width increasing axially outward, a L-shape and a triangular circumferential recess portion protruding toward a first side in the circumferential direction and being positioned at an end of the first side in the axial direction AND each second shoulder lateral groove 173 has groove width expansion portion having groove width increasing axially outward and a T-shape [FIGURE 1].
As to claims 4 and 10-11, see Japan 935’s tread pattern shown in FIGURE 1.
10) Claims 5 and 12 are rejected under 35 U.S.C. 103 as being unpatentable over Japan 935 (JP 06-143935) in view of Hirai (US 2004/0020577) or Digman et al (US 2022/0355622) as applied above and further in view of Sato (US 2022/0016942) and either Zanzig et al (US 2002/0011293) or Horiguchi (US 8,869,855).
As to claims 5 and 12, it would have been obvious to one of ordinary skill in the art to provide the pneumatic tire having Japan 935’s tread pattern such that the tire further comprising sidewalls on both sides in the axial direction, the sidewalls each including a maximum width position protruding most outward in the axial direction, the sidewalls being made of an integral rubber composition, wherein at least one of the sidewall includes a side protector upheaving outward in the axial direction [claim 5], the sidewalls are made of one rubber composition [claim 12] since (1) Sato teaches providing a pneumatic tire with side block groups (side protector) protruding from a sidewall reference plane to achieve both cut resistance and mud drainage performance of the sidewall [1-8] and (2) Zanzig et al teaches a pneumatic rubber tire having a carcass with circumferential rubber tread and associated sidewalls (FIGURE 3 showing each sidewall 6 being one layer), wherein said tread and a portion of said sidewalls, are of a lug and groove configuration designed to be ground-contacting, wherein said lug and groove configuration extends from said tread over at least thirty percent of the tire sidewall adjacent to said tread and wherein a major portion of said lug and groove configured portion of said sidewall is of a rubber composition which comprises, based on 100 parts by weight rubber (phr), (A) elastomers comprised of (i) about 40 to about 80 phr of cis 1,4-polyisoprene natural rubber having a Tg in a range of about -65oC to about -70oC. and (ii) about 20 to about 60 phr of cis 1,4-polybutadiene rubber having a Tg in a range of about -100oC to about -106oC, (B) about 55 to about 80 phr of reinforcing filler comprised of carbon black and precipitated silica which is comprised of (i) about 5 to about 40 phr of carbon black having an Iodine number of about 35 to about 85 g/kg and a dibutylphthalate (DBP) value of about 70 to about 130 cm.sup.3/100 g and (ii) about 10 to about 70 phr of precipitated silica having a BET surface area of about 125 to about 200 m2/g; wherein the weight ratio of silica to carbon black is in a range of about 0.3/1 to about 3/1 and (C) a coupling agent having a moiety reactive with silanol groups on said silica and another moiety interactive with said elastomers; the sidewalls being both tear and abrasion resistant [FIGURES 1-3, paragraph 22, EXAMPLES, claim 1] or Horiguchi teaches a pneumatic tire comprising a carcass, a tread and a sidewall, the sidewall being pasted with both the carcass and the tread, the sidewall having a single rubber composition, the rubber component of the rubber composition comprising at least a natural rubber and a butadiene rubber comprising syndiotactic 1,2-polybutadiene crystals dispersed therein, wherein the sidewall has a thickness of 2 to 6 mm and includes at least one laminated rubber sheet with a thickness of at most 1.5 mm, said at least one rubber sheet having a complex modulus E*a of 3 to 15 MPa in a tire circumferential direction, measured at 70oC at a dynamic distortion of 2%, and wherein the ratio (E*a/ E*b) of the complex modulus E*a in a tire circumferential direction with respect to a complex modulus E*b in a tire radial direction, measured at 70oC at a dynamic distortion of 2% is 1.6 to 1.9; the tire having improved ride quality and steering stability [FIGURE 1, abstract, claim 1].
Remarks
11) Applicant’s arguments with respect to claims 1 and 3-12 have been considered but are moot in view of the new ground of rejection and the reasons presented therein.
Applicant’s election without traverse of Group I claims 1 and 3-12 in the reply filed on 7-8-25 is acknowledged.
Claim 13 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 7-8-25.
As to claim 5 (side protector), applicant argues that a combination of annular portion (see through part) and side protector is considered incompatible according to conventional knowledge. This argument is not persuasive. FIRST: Applicant’s argument cannot take the place of evidence in the record. See MPEP 716. SECOND: Japan 925 teaches a pneumatic tire for off road/on road use having a tread pattern comprising shoulder circumferential grooves each having an annular portion (see through portion). THIRD: Sato motivates one of ordinary skill in the art to provide either Japan 935’s pneumatic tire or Nakagawa’s pneumatic tire with side block groups (side protector) protruding from a sidewall reference plane to achieve the expected and predictable benefits of cut resistance and mud drainage performance.
12) No claim is allowed.
13) 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.
14) 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
October 28, 2025