DETAILED ACTION
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 .
Election/Restrictions
Applicant’s election without traverse of Species I in the reply filed on 4/22/26 is acknowledged.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claim 17 is rejected under 35 U.S.C. 101 because the claimed invention is directed to non-statutory subject matter. Regarding claim 17, the computer program covers non-statutory subjection matter propagating signals per se in view of ordinary and customary meaning of computer program, particularly when the specification is silent. See in re Nuijten, 500 F.3d 1346, 1356-57 (Fed Cir. 2007). A claim drawn to such a computer program that covers both transitory and non-transitory embodiments may be amended to narrow the claim to cover only statutory embodiments to avoid a rejection under 101 by adding the limitation "non-transitory" to the claim.
Claim Rejections - 35 USC § 103
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 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) 1-4, 6-8, 10, 14, 16, 17, 18, 19, and 21 is/are rejected under 35 U.S.C. 103 as being unpatentable over Chapoux (FR 2671632A1).
With respect to claim 1, Chapoux teaches a method for evaluating endurance of a tyre (1; [0001], the method comprising: arranging the tyre (1) to a tyre holder (as Chapoux teaches in [0012] the tire can be removed and arranged on a simple roller bench), rotating the tyre (1; as Chapoux teaches rotating the tire using the rollers 2 and 3; [0011]) moving a movable surface (rotatable rollers 2 and 3) such that the tyre (1) makes a rolling contact with the movable surface [0011], thereby generating sound by the tyre (as during rotation, Chapoux discloses a vibratory acoustic emission is created; [0012]), transducing the sound generated by the tyre (1) to a signal (seen in Fig.2) using a microphone (4; [0012]) arrangement comprising at least a first microphone (4) and a sampling frequency (as Chapoux teaches capturing the emitted sound at a frequency), determining from the signal that an endurance of the tyre has been exceeded ([0015] using a statistical approach, the signal is used to determine different kinds of internal damage and a likely hood of bursting), and based on the determining, indicating that the endurance of the tyre (1) has been exceeded (via an alarm; [0015].
Chapoux remains silent regarding the sampling frequency to be at least 44 kHz.
It has been held that it would have been obvious to try from a finite number of identified, predictable solutions, with a reasonable expectation of success. MPEP 2143(I)(E)
In this instance, a person having ordinary skill in the art, i.e. a person having a degree in engineering, understands a certain sampling frequence is always dependent on the frequency of the signal that one intended to capture and a well-established rule is that the sampling frequency should be at least twice the highest frequency of the interested sampling frequency without the use of any inventive skill. Therefore, it would have been obvious to one of ordinary skill in the art to try from a finite number of frequencies based on the signal itself such that the sampling frequency in Chapoux is at least 44 kHz, as such a modification ensures the correct data is being sampled.
With respect to claim 2, Chapoux teaches the method wherein the determining that the endurance of the tyre (1) has been exceeded comprises: determining that a level of the signal exceeds a first threshold (an alarm signal when the detected internal fault xl exceeds the tolerance threshold provided for the type of tire in question; [0015], where the tolerance reads on the claimed “first threshold”).
With respect to claim 3, Chapoux teaches the method comprising: calculating spectral components of the signal from the signal (as Chapoux teaches the processing of the acoustic signal 5 collected by the microphone 4 can be carried out so as to obtain, with the help of appropriate equipment 6, a frequency acoustic "signature"; [0013]), and calculating a level of at least a part of a spectrum of the signal by using at least a spectral component of the spectral components of the signal (as Chapoux teaches using the spectral components of the processes signal allow a level to be calculated to determine internal damage or a burst condition; [0014-0015] and calculating a level of at least a part of a spectrum of the signal (via the processing).
Chapoux remains silent regarding the calculation is done by using at least the spectral component of the spectral components of the signal that corresponds to a frequency selected from the range 10 kHz to 24 kHz.
It has been held that it would have been obvious to try from a finite number of identified, predictable solutions, with a reasonable expectation of success. MPEP 2143(I)(E)
In this instance, a person having ordinary skill in the art, i.e. a person having a degree in engineering, understands selecting a frequency from the range for calculating the level is without the use of any inventive skill. Therefore, it would have been obvious to one of ordinary skill in the art to try to select from a finite number of frequencies based on the signal itself for that calculation such the frequency ranges is from 10 kHz to 24 kHz, as such a modification ensures the correct data is being selected for the calculation based on the signal itself.
With respect to claim 4, Chapoux teaches the method comprising: rotating the tyre (1) and/or moving the movable surface (2 and 3) such that a peripheral speed of the tyre (1) has a first value (i.e. a first of a speed cycle; [0010]], the method further comprises: after said rotating the tyre (1) and/or moving the movable surface such that the peripheral speed of the tyre (1) has the first value (i.e. the first of the speed cycle), rotating the tyre (1) and/or moving a movable surface (2 and 3) such that the peripheral speed of the tyre (1) has a second value (i.e. a second of the speed cycle; [0010]; as indirectly taught, as tire speed cycles have more than two points of speed during testing).
Chapoux remains silent regarding the testing periods are constant for at least 2 minutes, and wherein: the second value is greater than the first value; the first value is at least 80 km/h; and/or, the second value is at least 120 km/h.
However, it would have been obvious to one of ordinary skill in the art at the time the invention was made to modify the testing periods to be at least 2 minutes long and the second value be greater than the first value; the first value being at least 80 km/h; and/or, the second value being at least 120 km/h, since it has been held that discovering the optimum value of a result effective variable involves only routine skill in the Art. In re Boesch, 617 F.2d 272, 205 USPQ 215 (CCPA 1980).
Further, such a modification ensures enough time passes and sufficient speeds are reached to collect the needed data to perform the damage determinations.
With respect to claim 6, Chapoux teaches the method comprising: monitoring mechanically a condition of the tyre (1 via an encode tasked to monitor mechanically a rotational condition of the tire), and based on the monitoring, indicating that the endurance of the tyre (1) has been exceeded (as the data collected from encoder 9 and microphone 4, together, allows the determination of an internal location of a taught damage condition; [0014]).
With respect to claim 7, Chapoux teaches the method comprising: pressing the tyre (1) and/or the movable surface (2 and 3) against each other with a force (i.e. under load; [0007]) while rotating the tyre (1) and/or moving the movable surface (2 and 3).
Chapoux remains silent regarding the force being at least 2 kN.
However, it would have been obvious to one of ordinary skill in the art at the time the invention was made to modify the testing load be at least 2kN, since it has been held that discovering the optimum value of a result effective variable involves only routine skill in the Art. In re Boesch, 617 F.2d 272, 205 USPQ 215 (CCPA 1980).
Further, such a modification ensures enough pressure is applied to mimic driving conditions when performing the taught damage determinations.
With respect to claim 8, Chapoux teaches in Fig. 1 a device for evaluating endurance of a tyre (1), the device comprising: a movable surface (2 and 3), a tyre holder (as indirectly taught via the disclosed roller bench Chapoux teaches can be used when testing the tire 1; [0012]) configured such that a tyre (1) held by the tyre holder (i.e. the holder of the roller bench) contacts the movable surface (2 and 4), a rotor configured to rotate the tyre holder (as part of the roller bench used to rotate the tire under load) such that, in use, the tyre (1) makes a rolling contact with the movable surface (2 and 3),a processor (6), a microphone (4) arrangement comprising at least a first microphone (4) configured to detect sound, and means for sending a signal from the microphone arrangement to the processor (6), wherein: a sampling frequency of the signal (as Chapoux teaches capturing the emitted sound at a frequency), the processor (6) is configured to determine from the signal that an endurance of the tyre has been exceeded ([0015] using a statistical approach, the signal is used to determine different kinds of internal damage and a likely hood of bursting), and the device is configured to indicate based on the determining, that the endurance of the tyre has been exceeded (via an alarm; [0015].
Chapoux remains silent regarding the sampling frequency to be at least 44 kHz.
It has been held that it would have been obvious to try from a finite number of identified, predictable solutions, with a reasonable expectation of success. MPEP 2143(I)(E)
In this instance, a person having ordinary skill in the art, i.e. a person having a degree in engineering, understands a certain sampling frequence is always dependent on the frequency of the signal that one intended to capture and a well-established rule is that the sampling frequency should be at least twice the highest frequency of the interested sampling frequency without the use of any inventive skill. Therefore, it would have been obvious to one of ordinary skill in the art to try from a finite number of frequencies based on the signal itself such that the sampling frequency in Chapoux is at least 44 kHz, as such a modification ensures the correct data is being sampled.
With respect to claim 10, Chapoux teaches the method wherein: the rotor (i.e. as part of the roller bench) is configured to rotate the tyre holder (of the roller bench) and/or to move the movable surface (2 and 3) such that, in use, the tyre has a peripheral velocity and/or the device is configured to press the tyre (1) and/or the movable surface (2 and 3) against each other while rotating the tyre and/or moving the movable surface with a force (i.e. a working load).
Chaooux remains silent regarding the peripheral velocity in 80km/hr and the force is at least 3500 N.
However, it would have been obvious to one of ordinary skill in the art at the time the invention was made to modify the peripheral velocity to be at least 80km/hr and the force to be at least 3500N, since it has been held that discovering the optimum value of a result effective variable involves only routine skill in the Art. In re Boesch, 617 F.2d 272, 205 USPQ 215 (CCPA 1980).
Further, such a modification ensures enough pressure is applied to mimic driving conditions when performing the taught damage determinations.
With respect to claim 14, Chapoux teaches the method wherein: the tyre (1) has a width (defined by the overall structure of the tire 1), but remains silent regarding a distance between the first microphone (4) and a contact surface between the tyre (1) and the movable surface (2 and 3) is more than a value calculatable by multiplying a square of the width by sixteen and dividing by meters; a distance between the first microphone (4) and a contact surface between the tyre and the movable surface (2 and 3) is at least at least 1.0 m.
However, it would have been obvious to one of ordinary skill in the art at the time the invention was made to modify the distance between the first microphone (4) and the contact surface (of the tire) between the tyre (1) and the movable surface (2 and 3) is more than a value calculatable by multiplying a square of the width by sixteen and dividing by meters; and the distance between the first microphone (4) and a contact surface between the tyre (1) and the movable surface (2 and 3) is at least at least 1.0 m, since it has been held that discovering the optimum value of a result effective variable involves only routine skill in the Art. In re Boesch, 617 F.2d 272, 205 USPQ 215 (CCPA 1980).
Further, such a modification ensures proper distances are meet for accurate and reliable data collection during the testing procedure.
With respect to claims 16 and 21, Chapoux teaches the method/device wherein: the tyre holder (of the roller bench) defines an axis of rotation of the tyre (1), and the first microphone (4) is arranged to a location such that the location of the first microphone (4) and the contact surface between the tyre (1) and the movable surface (2 and 3) define a primary line (defined by their physical locations relative to one another) and the first microphone (4) is directed towards the contact surface (as Fig.1 shows the line between 4 and the contact surface).
With respect to claim 17, Chapoux teaches a computer program (as indirectly taught via the teaching of a processing equipment 6) that, when run on a processor (as indirectly taught), is configured to: receive a signal (i.e. sound signal) generated by a microphone (4) arrangement transducing sound generated by a tyre (1) making a rolling contact with a movable surface (2 and 3), determine from the signal that an endurance of the tyre has been exceeded (i.e. above a tolerance; [0015]), and send based on the determining, a second signal (i.e. an alarm signal; [0015]) indicative of an endurance of a tyre having been exceeded (via an alarm).
With respect to claim 18, Chapoux teaches the computer program (as indirectly taught via the teaching of a processing equipment 6) wherein the computer program is configured to calculate spectral components of the signal (collected by the microphone 4) from the signal (after processing) and calculate a level of at least a part of a spectrum of the signal (as Chapoux teaches the processing of the acoustic signal 5 collected by the microphone 4 can be carried out so as to obtain, with the help of appropriate equipment 6, a frequency acoustic "signature" thereby reading on “a level of a part of a spectrum of the signal”; [0013]).
With respect to claim 19, Chapoux teaches the device wherein: the tyre holder (as part of the roller bench) is configured to hold the tyre (1) having a width (defined by the overall structure of the tire 1), but remains silent regarding a distance between the first microphone (4) and a contact surface between the tyre (1) and the movable surface (2 and 3) is more than a value calculatable by multiplying a square of the width by sixteen and dividing by meters; a distance between the first microphone (4) and a contact surface between the tyre and the movable surface (2 and 3) is at least at least 1.0 m.
However, it would have been obvious to one of ordinary skill in the art at the time the invention was made to modify the distance between the first microphone (4) and the contact surface (of the tire) between the tyre (1) and the movable surface (2 and 3) is more than a value calculatable by multiplying a square of the width by sixteen and dividing by meters; and the distance between the first microphone (4) and a contact surface between the tyre (1) and the movable surface (2 and 3) is at least at least 1.0 m, since it has been held that discovering the optimum value of a result effective variable involves only routine skill in the Art. In re Boesch, 617 F.2d 272, 205 USPQ 215 (CCPA 1980).
Further, such a modification ensures proper distances are meet for accurate and reliable data collection during the testing procedure.
Claim(s) 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Chapoux (FR 2671632A1) in view of Ko Y H (KR 2019051140A).
With respect to claim 9, Chapoux teaches all that is claimed in the above rejection of claim 8 but remains silent regarding the device comprising: a mechanical sensor configured to detect a condition of the tyre, comprising a mechanical sensor configured to detect an anomaly of a shape of the tyre; and/or, optical sensor configured to detect a condition of the tyre, comprising a laser scanner or a camera configured to detect an anomaly of the shape of the tyre.
Ko teaches a similar device that includes an optical sensor (i.e. camera) configured to detect a condition of the tyre (i.e. an abrasion shape of a tire), comprising a camera (Abstract) configured to detect an anomaly of the shape of the tyre (Abstract).
It would have been obvious to one of ordinary skill in the art before the effective filing of the instant invention to modify the device of Chapoux to include the camera of Ko because Ko teaches such a modification improves the reliability about tire quality verification; Abstract.
Claim(s) 15 and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Chapoux (FR 2671632A1) in view of ‘432 (JP 2004-503432).
With respect to claim 15, Chapoux teaches the method all that is claimed in the above rejection of claim 1, but remains silent regarding the microphone arrangement comprises at least a second microphone; the second microphone is arranged closer to a contact surface between the tyre and the movable surface than the first microphone; and/or, the tyre has a width, or the tyre holder is configured to hold a tyre having a width, and a distance between the first microphone and a contact surface between the tyre-and the movable surface is more than a value calculatable by multiplying a square of the width by sixteen and dividing by meters; and/or, the tyre has a width, or the tyre holder is configured to hold a tyre having a width, and a distance between the first microphone and a contact surface between the tyre and the movable surface is more than a value calculatable by multiplying a square of the width by sixteen and dividing by meters, and a distance between the second microphone and a contact surface between the tyre and the movable surface is less than the value calculatable by multiplying a square of the width by sixteen and dividing by meters.
‘432 teaches a similar device in Fig. 77 that includes microphone arrangement [0052] comprises at least a second microphone (a second of subassemblies 200, 202, 204).
It would have been obvious to one of ordinary skill in the art before the effective filing of the instant invention to modify the device of Chapoux to include a second microphone, as taught in ‘432, because such a modification allows for real-time analysis in an automated and customizable way [0052], thereby improving the overall versatility of Chapoux.
Chapoux as modified is silent regarding the second microphone is arranged closer to a contact surface between the tyre and the movable surface than the first microphone; and/or, the tyre has a width, or the tyre holder is configured to hold a tyre having a width, and a distance between the first microphone and a contact surface between the tyre-and the movable surface is more than a value calculatable by multiplying a square of the width by sixteen and dividing by meters; and/or, the tyre has a width, or the tyre holder is configured to hold a tyre having a width, and a distance between the first microphone and a contact surface between the tyre and the movable surface is more than a value calculatable by multiplying a square of the width by sixteen and dividing by meters, and a distance between the second microphone and a contact surface between the tyre and the movable surface is less than the value calculatable by multiplying a square of the width by sixteen and dividing by meters.
However, it would have been obvious to one of ordinary skill in the art at the time the invention was made to modify the position of the second microphone to be arranged closer to a contact surface between the tyre and the movable surface than the first microphone (4 taught in Chapoux); and/or, the tyre has a width, or the tyre holder is configured to hold a tyre having a width, and a distance between the first microphone (4) and a contact surface between the tyre-and the movable surface is more than a value calculatable by multiplying a square of the width by sixteen and dividing by meters; and/or, the tyre has a width, or the tyre holder is configured to hold a tyre having a width, and a distance between the first microphone (4) and a contact surface between the tyre and the movable surface is more than a value calculatable by multiplying a square of the width by sixteen and dividing by meters, and a distance between the second microphone (of ‘432) and a contact surface between the tyre and the movable surface is less than the value calculatable by multiplying a square of the width by sixteen and dividing by meters, since it has been held that discovering the optimum value of a result effective variable involves only routine skill in the Art. In re Boesch, 617 F.2d 272, 205 USPQ 215 (CCPA 1980).
Further, such a modification ensures proper distances are meet for accurate and reliable data collection during the testing procedure.
With respect to claim 20, Chapoux teaches the device all that is claimed in the above rejection of claim 1, but remains silent regarding the microphone arrangement comprises at least a second microphone; the second microphone is arranged closer to a contact surface between the tyre and the movable surface than the first microphone; and/or, the tyre has a width, or the tyre holder is configured to hold a tyre having a width, and a distance between the first microphone and a contact surface between the tyre-and the movable surface is more than a value calculatable by multiplying a square of the width by sixteen and dividing by meters; and/or, the tyre has a width, or the tyre holder is configured to hold a tyre having a width, and a distance between the first microphone and a contact surface between the tyre and the movable surface is more than a value calculatable by multiplying a square of the width by sixteen and dividing by meters, and a distance between the second microphone and a contact surface between the tyre and the movable surface is less than the value calculatable by multiplying a square of the width by sixteen and dividing by meters.
‘432 teaches a similar device in Fig. 77 that includes microphone arrangement [0052] comprises at least a second microphone (a second of subassemblies 200, 202, 204).
It would have been obvious to one of ordinary skill in the art before the effective filing of the instant invention to modify the device of Chapoux to include a second microphone, as taught in ‘432, because such a modification allows for real-time analysis in an automated and customizable way [0052], thereby improving the overall versatility of Chapoux.
Chapoux as modified is silent regarding the second microphone is arranged closer to a contact surface between the tyre and the movable surface than the first microphone; and/or, the tyre has a width, or the tyre holder is configured to hold a tyre having a width, and a distance between the first microphone and a contact surface between the tyre-and the movable surface is more than a value calculatable by multiplying a square of the width by sixteen and dividing by meters; and/or, the tyre has a width, or the tyre holder is configured to hold a tyre having a width, and a distance between the first microphone and a contact surface between the tyre and the movable surface is more than a value calculatable by multiplying a square of the width by sixteen and dividing by meters, and a distance between the second microphone and a contact surface between the tyre and the movable surface is less than the value calculatable by multiplying a square of the width by sixteen and dividing by meters.
However, it would have been obvious to one of ordinary skill in the art at the time the invention was made to modify the position of the second microphone to be arranged closer to a contact surface between the tyre and the movable surface than the first microphone (4 taught in Chapoux); and/or, the tyre has a width, or the tyre holder is configured to hold a tyre having a width, and a distance between the first microphone (4) and a contact surface between the tyre-and the movable surface is more than a value calculatable by multiplying a square of the width by sixteen and dividing by meters; and/or, the tyre has a width, or the tyre holder is configured to hold a tyre having a width, and a distance between the first microphone (4) and a contact surface between the tyre and the movable surface is more than a value calculatable by multiplying a square of the width by sixteen and dividing by meters, and a distance between the second microphone (of ‘432) and a contact surface between the tyre and the movable surface is less than the value calculatable by multiplying a square of the width by sixteen and dividing by meters, since it has been held that discovering the optimum value of a result effective variable involves only routine skill in the Art. In re Boesch, 617 F.2d 272, 205 USPQ 215 (CCPA 1980).
Further, such a modification ensures proper distances are meet for accurate and reliable data collection during the testing procedure.
Allowable Subject Matter
Claims 5 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Heirtzler et al. (6,381,574) which teaches using a microphone and support structure to detect if a defect is present in a tire.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MATTHEW G MARINI whose telephone number is (571)272-2676. The examiner can normally be reached Monday-Friday 8am-5pm.
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/MATTHEW G MARINI/ Primary Examiner, Art Unit 2853
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