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 .
Information Disclosure Statement
The information disclosure statements (IDS) submitted on 5 May and 5 June of 2026 have been considered by the examiner.
Drawings
The drawings were received on 28 April 2026. These drawings are approved.
Claim Rejections - 35 USC § 112
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 28-30 and 37-40 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.
Claims 28-29 and 38-39 are indefinite due to the fact that it is unclear what is actually being claimed by the phrase “and combinations thereof”. Namely, this phrase fails to define the actual parameters for a mixture of the preceding substances.
Claims 30 and 40 are indefinite due to the fact that the phrase “a monomer comprising poly(tetramethylene oxide) glycol” in lines 4-5 is a double recitation. This limitation has been previously set forth in the claims. Therefore, it is unclear whether the “monomer comprising poly(tetramethylene oxide) glycol” set forth in lines 4-5 is the same element of the invention as previously set forth in the claims, or is an additional element of the invention.
Claim 37 is indefinite due to the fact that the phrase “a wheel” in line 14 is a double recitation. This limitation has been previously set forth in the claims. Therefore, it is unclear whether the “wheel” set forth in line 14 is the same element of the invention as previously set forth in the claims, or is an additional element of the invention.
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.
Claim(s) 27-46 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ho (5,050,656) in view of Whalen et al (5,047,470).
Per claims 27 and 37, Ho shows a non-pneumatic tire assembly including complementary inboard 21 and outboard 22 tire casing segments, each composed of a closed end and an open end, a peripheral band with exterior and interior surfaces, and an inner band 19 having exterior and interior surfaces. The interior band 19 is coaxially spaced radially inwardly of the interior surface of the peripheral band. The closed end is a resilient and contiguous sidewall extending radially between the interior surface of the peripheral band and the exterior surface of the inner band 19. The sidewall has a convex exterior surface and concave interior surface. A void is defined within the open end by the interior surfaces of the peripheral band, the exterior surface of the inner band, and the sidewall. The inner band interior surfaces of both tire casing segments 21-22 are disposed on an exterior surface of a rim of a wheel 12, such that the open ends of each segment do not form a sealed void therein.
Per claims 31 and 42, Ho shows a contiguous tread layer 31 disposed radially outwardly of the exterior surfaces of the peripheral bands of both tire casing segments 21-22.
Per claims 32 and 42, the contiguous tread layer 31 disposed directly on the exterior surfaces of the peripheral bands of both tire casing segments 21-22.
Per claims 33 and 43, the tread layer 31 is rubber.
Per claims 34 and 44, a shear band layer 29 is disposed between the tread layer 31 and the exterior surfaces of the peripheral bands of the tire casing segments 21-22.
Per claims 35-36 and 45, the shear band 29 may be a thermoplastic polymer.
Regarding claim 46, Ho does not disclose the material from which the wheel 12 is formed. However, it is well-known and established in the art, prior to the effective filing date of the claimed invention, that a wheel may be formed of a thermoplastic polymer, for the purpose of reducing the weight of the wheel (and thus unsprung mass) in comparison to the same wheel made from a metal.
Regarding claims 27-31 and 37-40, Ho does not disclose the tire casing segments being formed of a composition having copolyether-ester. Whalen et al teaches the use of a composition having copolyether-ester that may be prepared from a poly(tetramethylene oxide) glycol with isophthalic or terephthalic acid and 1,4-butanediol. Therefore, from this teaching, it would have been obvious to one of ordinary skill in the art, prior to the effective filing date of the claimed invention, and with a reasonable expectation of success, to form the tire casing segments of Ho from the composition taught by Whalen et al, dependent upon the desired chemical and physical properties of the tire, such as providing a resilient yet strong tire (thus ensuring a long useable life thereof).
Response to Arguments
Applicant's arguments filed 28 April 2026 have been fully considered but they are not persuasive. The Applicant argues that the rejections under 35 USC 112(b) have been addressed. However, this is not the case, as set forth in section 5 above.
The Applicant argues that Ho fails to show “inner band interior surfaces of the inboard and outboard tire casing segments are disposed on an exterior rim surface of a wheel such that the open ends of each segment do not form a sealed void” therein. The Applicant further argues that the carcasses 18 of Ho are “fastened to the hub 12” and lack “an interior band surface that are disposed on the exterior rim surface of the wheel”.
However, this is not the case. Namely, element 36 of Ho would be considered to be a wheel “rim” on which the interior surfaces of the inner bands 19 are mounted, and do not form a sealed void. The claims lack any physical structure of the tire or wheel rim to preclude the structure shown in Ho.
Conclusion
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 JASON R BELLINGER whose telephone number is (571)272-6680. The examiner can normally be reached M-F 9-4.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Samuel (Joe) Morano can be reached at (571)272-6684. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JASON R BELLINGER/ Primary Examiner, Art Unit 3615
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