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 .
DETAILED ACTION
Response to Arguments
1. 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).
2. With respect to applicant’s remarks filed on 08/05/26 regarding rejected claims 1, 20, the claims disclose new added limitation “applying a correction to the tyre surface data to correct for the angle of the scan”. However, no-where in the current specification discloses this limitation.
Applicant’s Publication (No. 2024/0042805, [0029, 0084], figure 16, side wall 78), paragraph [0029] disclosed “correcting for an angle of a scan relative to the tyre axis ... a handheld device is used to scan the surface of the tyre, if the handheld device is rolled in a direction that is not exactly in line with the tyre axis, or not exactly following the tyre circumference, the tread depth data obtained may correspond to a region of the tyre that is skewed relative to the tyre axis. Correcting for the skew of the scan relative to the tyre axis may comprise using an algorithm which identifies the edges of a scanned region to identify data characteristic of the sidewalls of the tyre …”. Therefore, the “correcting for the skew of the scan relative to the tyre axis, identifies the edges of a scanned region, identifying data characteristic of the sidewalls of the tyre” is used to correct for the angle of the scan.
In the other words, the limitation “applying a correction to the tyre surface data to correct for the angle of the scan” is being considered as a new matter.
Further, claims 1, 20 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 pre-AIA the applicant regards as the invention. The written description fails to disclose the corresponding structure, material, or acts for performing the entire claimed function and to clearly link the structure, material, or acts to the function. The current specification does not disclose the limitation “applying a correction to the tyre surface data to correct for the angle of the scan”, and how to obtain the correction to the tyre surface data.
3. Grounds for the rejection of claims are provided below as necessitated by amendment.
Claim Rejections - 35 USC § 112
4. 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.
5. Current amended claims 1, 20, disclosed “applying a correction to the tyre surface data to correct for the angle of the scan”. However, no-where in the current specification discloses this limitation.
Applicant’s Publication (No. 2024/0042805, [0029, 0084], figure 16, side wall 78), paragraph [0029] disclosed “correcting for an angle of a scan relative to the tyre axis ... a handheld device is used to scan the surface of the tyre, if the handheld device is rolled in a direction that is not exactly in line with the tyre axis, or not exactly following the tyre circumference, the tread depth data obtained may correspond to a region of the tyre that is skewed relative to the tyre axis. Correcting for the skew of the scan relative to the tyre axis may comprise using an algorithm which identifies the edges of a scanned region to identify data characteristic of the sidewalls of the tyre …”. Therefore, the “correcting for the skew of the scan relative to the tyre axis, identifies the edges of a scanned region, identifying data characteristic of the sidewalls of the tyre” is used to correct for the angle of the scan.
In the other words, the limitation “applying a correction to the tyre surface data to correct for the angle of the scan” is being considered as a new matter.
6. Further, claims 1, 20 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 pre-AIA the applicant regards as the invention.
The written description fails to disclose the corresponding structure, material, or acts for performing the entire claimed function and to clearly link the structure, material, or acts to the function. The current specification does not disclose the limitation “applying a correction to the tyre surface data to correct for the angle of the scan”, and how to obtain the correction to the tyre surface data.
Therefore, the claim is indefinite and is rejected under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph.
Applicant may:
(a) Amend the claim so that the claim limitation will no longer be interpreted as a limitation under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph;
(b) Amend the written description of the specification such that it expressly recites what structure, material, or acts perform the entire claimed function, without introducing any new matter (35 U.S.C. 132(a)); or
(c) Amend the written description of the specification such that it clearly links the structure, material, or acts disclosed therein to the function recited in the claim, without introducing any new matter (35 U.S.C. 132(a)).
If applicant is of the opinion that the written description of the specification already implicitly or inherently discloses the corresponding structure, material, or acts and clearly links them to the function so that one of ordinary skill in the art would recognize what structure, material, or acts perform the claimed function, applicant should clarify the record by either:
(a) Amending the written description of the specification such that it expressly recites the corresponding structure, material, or acts for performing the claimed function and clearly links or associates the structure, material, or acts to the claimed function, without introducing any new matter (35 U.S.C. 132(a)); or
(b) Stating on the record what the corresponding structure, material, or acts, which are implicitly or inherently set forth in the written description of the specification, perform the claimed function. For more information, see 37 CFR 1.75(d) and MPEP §§ 608.01(o) and 2181.
For the purpose of examination, the claims are interpreted in view of the objections/rejections indicated above as following: applying correcting for the skew of the scan relative to the tyre axis, identifying the edges of a scanned region, identifying data characteristic of the sidewalls of the tyre to correct for the angle of the scan.
Appropriate correction is required.
Allowable Subject Matter
7. Claim 15 has been cancelled.
8. Claims 1-14, 16-20, would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112, set forth in this Office action.
9. The following is a statement of reasons for the indication of allowable subject matter: there was no prior art found by the examiner that suggested modification or combination with the cited art so as to satisfy the combination of all the limitations in claims 1, and 20.
10. As claims 1 and 20, the prior art of record taken alone or in combination, fails to disclose or render obvious a method/apparatus of generating a three-dimensional topological surface representation of a tyre on a vehicle comprising to record tyre surface data for a tyre surface during a relative movement between the measurement device and the tyre surface; matching respective times at which the tyre surface data were recorded to corresponding respective positions on a curved base tyre structure and assembling the tyre surface data into said corresponding respective positions on the curved base tyre structure; wherein the correcting for the angle of the scan relative to the axis of the tyre comprises: an algorithm which identifies, in the tyre surface data, after the tyre surface data has been recorded by the measurement device, edges of a scanned region to identify data characteristic of sidewalls of the tyre; and applying correcting for the skew of the scan relative to the tyre axis, identifying the edges of a scanned region, identifying data characteristic of the sidewalls of the tyre to correct for the angle of the scan; in combination with the rest of the limitations of claims 1 and 20.
Conclusion
11. 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 replying 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.
Fax/Telephone Information
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TRI T TON whose telephone number is (571)272-9064. The examiner can normally be reached on 8am-4pm.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Michelle Iacoletti can be reached on (571)270-5789. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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September 21, 2026
/Tri T Ton/
Primary Examiner Art Unit 2877
