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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 01 December 2025 has been entered.
Drawings
The replacement drawings were received on 01 December 2025. These drawings are acceptable.
Claim Rejections - 35 USC § 112
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.
Claim 21 is 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.
Specifically, Claim 21 teaches a tire which must have a composite wire of Claim 1, as well as a thermoplastic string, which is not taught or supported by the specification as filed.
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.
Claim 21 is 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.
Specifically, Claim 21 requires a tire having a composite wire, and at least one thermoplastic string. One of ordinary skill in the art, reading Claim 21, would not understand if there are actually a composite wire and a thermoplastic string present, or if the thermoplastic string is somehow supposed to be the composite wire, or if the composite string somehow improperly takes the place of the composite wire.
Claim Rejections - 35 USC § 102
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, 2, 5, 6, 8, 9, 11-15, and 22 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Wilson et al (20130167502).
In regards to Claim 1, Wilson teaches a composite wire (Figure 1C) comprising a thermoplastic (Paragraph 100) monofilament as a core component (Detail 2) and a sheath, the sheath comprises at least two groups (Details 22, 24) of reinforcement threads (Details 2ʹʹ, 2ʹʹʹ) wrapped around the core component, wherein the at least two groups of reinforcement threads form angles with the core component with the overall sum of all angles being substantially zero (illustrated as being twisted in opposite directions, at substantially opposite angles); and
wherein the core component comprises reinforcement fibers (Details 1), wherein the reinforcement fibers comprise carbon fibers, steel wire, aluminum wire, polyethylene terephthalate, polyethylene naphthalate, polyvinyl acetate, cellulose filaments, polyvinyl alcohol, polyvinyl acetate, polyamide-5, polyamide-6, polyamide-5,6, polyamide-5,10, polyamide-6,6, polyamide-4,10, polyamide-6,10, polyamide-6,8, polyamide-10 or polyamide-11, proteinous fibers, aromatic polyamides, polyphenylene benzobisoxazole, ultra high molecular weight polyethylene or aromatic polyesters or copolymers comprising monomers of said materials or mixtures of said materials (Paragraph 137, carbon fibers).
In regards to Claim 2, Wilson teaches the core component has a diameter of at least 0.3 and at most 1.2 mm (Paragraph 22).
In regards to Claim 5, Wilson teaches at least two groups of reinforcement threads are wound around the core component and/or at least two groups of reinforcement threads are wrapped around the core component (Figure 1C).
In regards to Claim 6, Wilson teaches the core component forms an angle of at least ± 15 degrees with every group of reinforcement threads (Figure 1C shows angles greater than ± 15 degrees).
In regards to Claim 8, Wilson teaches the core component comprises at least one fiber bundle, yarn, or cord (Paragraph 137, yarn).
In regards to Claim 9, Wilson teaches each of the reinforcement fibers in the core component comprise a monofilament (Paragraph 96).
In regards to Claim 11, Wilson teaches the materials comprised in the reinforcement fibers are in part or in total biological and/or recycled materials (there is no structural difference between virgin fibers, and fibers left over from a previous process which are recycled instead of being discarded; the claim is drawn to a product, not a method).
In regards to Claim 12, Wilson teaches the core component comprises polyethylene terephthalate, polytrimethylen terephthalate, polybutylene terephthalate, polyethylene naphthalate aromatic polyesters, aromatic polyamides comprising para-polyphenylene terephthalamide or meta polyphenylene isophthalamide, polyvinyl alcohol, polyvinyl acetate, polyphenylene benzobisoxazole, polyamide-5, polyamide-6, polyamide-6,6, polyamide-5,6, polyamide-4,10, polyamide-6,10, polyamide-6,8, polyamide-10 or polyamide-11, ultra high molecular weight polyethylene, polyurethane or polyetheretherketone, copolymers comprising monomers of said materials or mixtures of said materials (Paragraph 100, polyetheretherketone).
In regards to Claim 13, Wilson teaches the materials comprised in the core component are in part or in total biological and/or recycled materials (there is no structural difference between virgin fibers, and fibers left over from a previous process which are recycled instead of being discarded; the claim is drawn to a product, not a method).
In regards to Claim 14, Wilson teaches the reinforcement threads comprise glass, carbon fibers, steel wire, aluminum wire, polyethylene terephthalate, polyethylene naphthalate, polyvinyl acetate, cellulose filaments, polyvinyl alcohol, polyvinyl acetate, polyamide-5, polyamide-6, polyamide-5,6, polyamide-5,10, polyamide-6,6, polyamide-4,10, polyamide-6,10, polyamide-6,8, polyamide-10 or polyamide-11, proteinous fibers, aromatic polyamides, polyphenylene benzobisoxazole, ultra high molecular weight polyethylene or aromatic polyesters or copolymers comprising monomers of said materials or mixtures of said materials (Paragraph 137, carbon fibers).
In regards to Claim 15, Wilson teaches the materials comprised in the reinforcement threads are in part or in total biological and/or recycled materials (there is no structural difference between virgin fibers, and fibers left over from a previous process which are recycled instead of being discarded; the claim is drawn to a product, not a method).
In regards to Claim 22, Wilson teaches a thermoplastic string (Detail 2) comprising a thermoplastic monofilament (Detail 5) with embedded reinforcement fibers (Detail 1), wherein the thermoplastic string has a diameter of at least 0.6 mm (Paragraph 22).
Claim Rejections - 35 USC § 103
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) 3 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wilson et al in view of Kato et al (20200140644).
In regards to Claim 3, while Wilson essentially teaches the invention as detailed above, including the inclusion of additives/fillers (Paragraph 69), it fails to specifically teach talc. Kato, however, teaches that the inclusion of talc is well known in the reinforced composite arts (Paragraph 52). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have included talc as taught, as to as to improve the production of the final product. Nucleating agents such as talc are well known and their use well within the abilities of the ordinarily skilled artisan.
Response to Arguments
Applicant's arguments filed 01 December 2025, in regards to the 112 issues, have been fully considered but they are not persuasive. It is still unclear what Applicant is attempting to claim. The arguments seem to intimate that the thermoplastic string is the composite wire, which is unclear. Why is another name being given to the composite wire if it is still a composite wire? What is the difference? Why is the same nomenclature not used throughout the claims? If there is a difference, then what part of the specification supports both of these structures being present in the same structure?
Applicant’s arguments with respect art rejections made against the claims have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Allowable Subject Matter
Claims 16-20 are 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. See of Record.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Shaun R Hurley whose telephone number is (571)272-4986. The examiner can normally be reached Monday thru Friday, 8:00am - 3:00pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Clinton T Ostrup can be reached at (571) 272-5559. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/SHAUN R HURLEY/Primary Examiner, Art Unit 3732