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 .
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.
Claims 1-4 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. The specification does not disclose the rubber layer being independent of the electrically conductive layer.
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 1-4 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 1, it is not clear what is meant by the rubber layer being independent of the electrically conductive layer. Does this mean they are not touching, they are not bonded, the rubber has sufficient structure to stand alone, or does it mean that they are different materials? The claimed structure is not clear. Also, there appears to be a type in the final line of the claim where “laying” should be “layer”.
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 following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Best et al, U.S. Patent No. 6,342,457.
Best discloses a knit fabric which includes electrically conductive strands and non-electrically conductive strands which is combined with a rubber layer. See col. 1, lines 54-67; col. 2, lines 8-18, lines 29-55. Any knit will inherently have stretchability, due to the structure of a knit fabric. The rubber matrix layer is independent of the fabric since it is a separate material.
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.
Claim(s) 2 is/are rejected under 35 U.S.C. 103 as being unpatentable over Best et al, U.S. Patent No. 6,342,457.
Best discloses a knit fabric which includes electrically conductive strands and non-electrically conductive strands which is combined with a rubber layer. See col. 1, lines 54-67; col. 2, lines 8-18, lines 29-55. Any knit will inherently have stretchability, due to the structure of a knit fabric. The rubber matrix layer is independent of the fabric since it is a separate material.
Best does not disclose the increase in modulus of the rubber layer plus the knitted layer relative to the modulus of the rubber layer alone.
However, it would have been obvious to have selected the materials and structure of the knit layer in order to provide the desired degree of reinforcement to the rubber layer.
Claim(s) 1, 3-4 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by FR 033285.
FR ‘285 discloses a tire assembly comprising an elastic knit including a plurality of reinforcing element which form a part of the knit which is bonded to a tire assembly such as a rubber layer. The knit comprises a nonconductive element such as an elastomeric material which can be mixed with other polymeric or natural fibers and a reinforcing element which can be a metal monofilament. The metal monofilament reinforcing element holds the knit column elements together and the knit columns hold the reinforcing elements together. The knit structure is bonded to a surface of an elastomeric material such as rubber used as a tire. See abstract and page 2, second half of the page and page 4, lines 51 and following. The rubber can include a vulcanization system which means that the rubber can be initially unvulcanized. See page 5, lines 72. Note that a knitted material will have some properties of stretchability inherent to the knit structure and FR ‘285 teaches elastomeric yarns can be incorporated to form the loop columns. See page 2, second half of the page.
Claim(s) 2 is/are rejected under 35 U.S.C. 102((a)(1)) as anticipated by or, in the alternative, under 35 U.S.C. 103 as obvious over FR 033285.
FR ‘285 discloses a structure for reinforcing a tire as set forth above.
FR ‘285 does not disclose the increase in modulus of the rubber layer plus the knitted layer relative to the modulus of the rubber layer alone.
However, it would have been obvious to have selected the materials and structure of the knit layer in order to provide the desired degree of reinforcement to the rubber layer.
Applicant's arguments filed 12/24/25 have been fully considered but they are not persuasive. Applicant argues that Best does not disclose a separate elastomeric layer but only include elastomeric fibers. However, Best teaches bonding the knit to an elastomeric matrix which can be rubber. This is equated with being an independent layer. However, if this layer matrix is not considered independent, a new rejection employing FR ‘285 which teaches bonding a knit reinforcement layer which include conductive metal fibers to a tire element which can be unvulcanized.
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Huss, U.S. Patent No. 500658 discloses a stretchable knit reinforcing fabric for tires.
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ELIZABETH M IMANI whose telephone number is (571)272-1475. The examiner can normally be reached Monday-Wednesday 7AM-7:30; Thursday 10AM -2 PM.
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, Marla McConnell can be reached at 571-270-7692. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/ELIZABETH M IMANI/ Primary Examiner, Art Unit 1789