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 .
Response to Amendment
The amendment filed 06/11/2021 has been entered. Claims 15, and 20 have been amended. Claims 1-14, 17, 22-23 and 25 have been cancelled. Claims 30-41 are new additions. Claims 15-16, 18-21, 24 and 26-41 are pending.
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.
Figures: The examiner provides illustrations from the prior art with additional annotations as needed to facilitate discussion of the claim elements. Moreover, it is held that guidance as provided by the figures is sufficient to enable public possession of an inventive concept. That is, an enabling picture may be used to reject claims directed to an article to include: anticipating claims if they clearly show the structure which is claimed. In re Mraz, 455 F.2d 1069, 173 USPQ 25 (CCPA 1972). And when the reference is a utility patent, it does not matter that the feature shown is unintended or unexplained in the specification. The drawings must be evaluated for what they reasonably disclose and suggest to one of ordinary skill in the art. In re Aslanian, 590 F.2d 911, 200 USPQ 500 (CCPA 1979), see MPEP 2125.The examiner provides marked-up reproductions of applicable drawings (as needed) to facilitate discussion of the prior art.
Claims 15-16, 18-21, 24, 27, 30 are rejected under 35 U.S.C. 103 as being unpatentable over Erbizzoni et al. (US 2021/0188005 A1 – of record), in view of at least one of Schulte (US 6,568,446 B1 – of record), or Ralf (DE 202012007834 U1 – of record), in view of Wurmback (US 2017/0136819 A1 – of record).
Regarding claims 15, 21, Erbizzoni discloses a tire suitable as a two-wheeler pneumatic tire. The tire is configured to have a tread 7; a carcass 3; sidewalls (clearly depicted in Fig. 1 but not annotated); a bead region 5 having a bead core 4; and a protective layer 11 disposed axially outside the carcass and has strength members, see at least [0095]; and each of two axial halves of the protective layer is guided from the bead region over the respective tire sidewall to below the tread, see at least Fig. 1. The tire carcass formed of a ply 301 – (examiner annotated and construed as a first carcass ply) and a ply 300 – (examiner annotated and construed as a second carcass ply), each having strength members, see at least [0114].
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The second carcass ply 300 is disposed in a vertex of the tire radially within the first carcass and extends from the vertex over the tire sidewalls to the bead regions, and in the latter wraps the core from axially inside to axially outside, and ends in a second carcass ply end radially in the respective bead regions, see at least FIG. 5 above. The first carcass ply 301 extends from the vertex of the two-wheeler pneumatic tire over the tire sidewalls to the bead regions, and in the latter wraps the core from axially inside to axially outside; and is guided from the bead region in a first carcass ply turn-up over the respective tire sidewall to below the tread and at the latter ends in a first carcass ply end, see at least FIG. 5 above.
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Additionally, the protective layer 11 is disposed such that: it covers the carcass ply ends from axially outside; conjointly forming an external face of the bead region as a contact surface to a rim; and emanates from the tire sidewalls to a respective outermost reversal point of an external edge of the strength member of the carcass ply as reasonably depicted above.
To the extent Erbizzoni does not explicitly disclose the protective layer strength members are embedded in rubber material or the use of a damping rubber; it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Erbizzoni as claimed since:
With respect to the protective layer: Schulte discloses a tire suitable as a two-wheeler pneumatic tire. The tire is configured to have a sheet structure 1.9 formed as a woven fabric or monofilament cords encased in rubber, see at least Col 8 lines 8-21, 35-39, claim 6 – (construed as a protective layer disposed axially outside the carcass and has strength members embedded in rubber material of the protective layer. The limitation to avoid discharge of air through microchannels between fibers is considered intended use and is not germane to the patentably of the claimed tire structure). And wherein having the wear protection layer having differing colors aids in forecasting the mistaken selection of the appropriate wear protection scheme during construction of the tire, see Col 6 lines 57-60. It being readily seen that supplying the protective layer having a colored/white rubber coating would reasonably and predictably provide a means of ascertaining the correct build when producing the tire. And further where the structure/protective layer is disposed to extend from the bead region to under the tread, see at least FIG. 2 – (construed as each of two axial halves of the protective layer is guided from the bead region over the respective tire sidewall to below the tread). This being advantageous for protection against wear, see Col 8 lines 9-12. Additionally, Schulte discloses its invention is applicable to tubeless tire and preferable due to reduced rolling resistance and less abrupt pressure loss properties, see Col 6 lines 61-64 – (construed as the tire is airtight and operable without a tube and sealant fluid).
Likewise, Ralf discloses a tire suitable as a two-wheeler pneumatic tire. The tire is configured to have a structure 22 for providing protection for the tire sidewalls, see [0027]. The structure 22 being encased in rubber and extends from the bead area to under the tread, see at least FIG. 1, [0029]. And where the use of monofilaments creates an airtight layer, see at least [0033]. Thus, one would readily apply the protective layer schemes of Schulte and/or Ralf with a reasonable and predictable expectation of success in forming a protective layer which provides enhanced protection for the tire.
With respect to the damping rubber: Wurmback discloses a tire to include a damping rubber insert 3 – (construed as a damping rubber intermediate layer), see [0015]. And where the material thereof has a rebound value between 70 and 80 – (overlaps the claimed range of between 70 and 80) to provide optimum ride comfort wherein the rolling resistance of the tire is not increased, see [0009] - [0010]. Concerning the claimed ranges: it has been held that “in the case where the claimed ranges ‘overlap or lie inside ranges disclosed by the prior art' a prima facie case of obviousness exists”, see MPEP § 2144.05(I).
Regarding claims 16, 18, modified Erbizzoni discloses a tread runout of the tread in an axial half in which the first carcass ply is guided in the first carcass ply turn-up, over the tire sidewall to below the tread 7, to the respective first carcass ply end, see at least Erbizzoni Fig. 5; the protective layer 11 extends integrally from one bead region over the vertex to another bead region, see Erbizzoni Fig. 1;
Regarding claims 19-20, modified Erbizzoni discloses the protective layer is divided into two protective layer parts; in that in each of the two axial halves a protective layer part of the two protective layer parts is guided from the bead region over the respective tire sidewall to below the tread and at the latter, in the respective axial half, ends in front of the vertex in a radially outer protective layer part end, see Schulte FIG. 1.
With regards to extending the protection layer to “emanates from the sidewalls in the bead regions and extends at most to a respective outermost reversal point of an external edge of the strength members of the second carcass ply that are folded about the core, and herein ends in front of the respective outermost reversal point at a first height of 2 mm, measured relative to the outermost reversal point and the second carcass ply ends of the second carcass ply is disposed at a second height of 10 mm to 12 mm, measured relative to the outermost reversal point ”: This is at least visualized by both Schulte and Ralf.
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It being considered the claimed range includes a measure of 2 mm sufficiently close to zero (taken as the protective layer extends to a point which lies on the same plane as an innermost point representative of an innermost point of the turnup portion) whereas best depicted in Schulte and Ralf the protective layers extend to but do not extend beyond an innermost portion of the turnup ply. Contrast is readily visualized above, where it is obvious the claimed range is representative of merely of an optimum or workable range clearly envisaged by routine experimentation, see MPEP 2144.05. Concerning the claimed ranges: it has been held that “in the case where the claimed ranges ‘overlap or lie inside ranges disclosed by the prior art' a prima facie case of obviousness exists”, see MPEP § 2144.05(I).
Regarding claim 24, modified Erbizzoni further discloses the carcass is in direct contact with a tire interior, see at least Ralf Fig. 1, Ralf [0033].
Regarding claim 27, modified Erbizzoni discloses the tire carcass comprises an additional layer in the form of a cut-resistant layer 4 – (construed as a tear-resistant woven fabric). It being considered that providing the cut-resistant layer as a plurality of intermediate layers of a tear-resistant woven fabric has no patentable significance. This merely being a duplication of parts involving only routine skill in the art, see MPEP 2144.04 VI. B. Moreover, one would have been motivated to duplicate the cut-resistant layer to guarantee optimum puncture protection, see Wurmback [0015].
Regarding claim 30, modified Erbizzoni further discloses a tire for off-road applications has an axial development of 37 mm to 120 mm, see Erbizzoni [0151] – (construed as and overlaps a minimum tire width of 40 mm and wherein the tire is a mountain bike tire). Concerning the claimed ranges: it has been held that “in the case where the claimed ranges ‘overlap or lie inside ranges disclosed by the prior art' a prima facie case of obviousness exists”, see MPEP § 2144.05(I).
Claim 26 is ejected under 35 U.S.C. 103 as being unpatentable over Erbizzoni et al. (US 2021/0188005 A1 – of record), in view of at least one of Schulte (US 6,568,446 B1 – of record), or Ralf (DE 202012007834 U1 – of record), in view of Wurmback (US 2017/0136819 A1 – of record), as applied to claim 15 above, and further in view of Mahling (DE 19542982 A1 – of record).
Regarding claim 26, while modified Erbizzoni does not explicitly disclose a folding core mounted with the bead on a rim flange; it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to adjust modified Erbizzoni as claimed since: It is well-known in the art to provide “clincher type” tire wherein the bead portion is capable of being folded. This being done in consideration of airtightness of the tire with respect to the junction between the rim and the tire. In any event, Mahling discloses a tubeless tire, wherein a folding core is used to contribute to forming an airtight arrangement, see [0031]. It being considered that updating Erbizzoni’s tire to have folded cores in the claimed manner would reasonably and predictably form a tire having an enhanced arrangement for forming an airtight seal with a rim.
Claim 28 is ejected under 35 U.S.C. 103 as being unpatentable over Erbizzoni et al. (US 2021/0188005 A1 – of record), in view of at least one of Schulte (US 6,568,446 B1 – of record), or Ralf (DE 202012007834 U1 – of record), in view of Wurmback (US 2017/0136819 A1 – of record), as applied to claim 15 above, and further in view of Schoeffel et al. (US 10,870,744 B2 – of record).
Regarding claim 28, modified Erbizzoni does not explicitly disclose a hardness value for the damping rubber. However, it is well-known in the art to provide any number of reinforcing layers to influence tire properties such as durability and reduced noise generation. In any event, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to adjust modified Erbizzoni as claimed since: Schoeffel discloses a tire component having a composition which provides increased rebound elasticities and improved rolling resistance. The composition having a Shore hardness of by example between 53 – 65, see Table 3, Col 20 lines 1-15 – (overlaps the claimed range of more than 45). Concerning the claimed ranges: it has been held that “in the case where the claimed ranges ‘overlap or lie inside ranges disclosed by the prior art' a prima facie case of obviousness exists”, see MPEP § 2144.05(I).
Claim 29 is ejected under 35 U.S.C. 103 as being unpatentable over Erbizzoni et al. (US 2021/0188005 A1 – of record), in view of at least one of Schulte (US 6,568,446 B1 – of record), or Ralf (DE 202012007834 U1 – of record), in view of Wurmback (US 2017/0136819 A1 – of record), as applied to claim 15 above, and further in view of Kramer et al. (US 2018/0043581 A1 – of record).
Regarding claim 29, modified Erbizzoni does not explicitly disclose a hardness value for the damping rubber. However, it is well-known in the art to provide any number of reinforcing layers to influence tire properties such as durability and reduced noise generation. In any event, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to adjust modified Erbizzoni as claimed since: Kramer discloses a tire to include textile reinforcing element comprising fibers, with an elastomeric matrix material, especially a rubber or a rubber mixture. The invention to further include having woven threads as fiber elements formed of polyethylene terephthalate, see [0049], claim 14. It is considered one would readily form the damping rubber as a woven fabric comprising fibers of polyethylene terephthalate – polyacrylate (PET), as Kramer suggests doing so would provide improved adhesion between the elastomeric matrix and weave fibers which improves tire production, see at least [0008].
Claims 31-36 are rejected under 35 U.S.C. 103 as being unpatentable over Erbizzoni et al. (US 2021/0188005 A1 – of record), in view of at least one of Schulte (US 6,568,446 B1 – of record), or Ralf (DE 202012007834 U1 – of record), in view of Wurmback (US 2017/0136819 A1 – of record), in view of Schoeffel et al. (US 10,870,744 B2 – of record).
Regarding claim 31, Erbizzoni discloses a tire suitable as a two-wheeler pneumatic tire. The tire is configured to have a tread 7; a carcass 3; sidewalls (clearly depicted in Fig. 1 but not annotated); a bead region 5 having a bead core 4; and a protective layer 11 disposed axially outside the carcass and has strength members, see at least [0095]; and each of two axial halves of the protective layer is guided from the bead region over the respective tire sidewall to below the tread, see at least Fig. 1. The tire carcass formed of a ply 301 – (examiner annotated and construed as a first carcass ply) and a ply 300 – (examiner annotated and construed as a second carcass ply), each having strength members, see at least [0114].
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The second carcass ply 300 is disposed in a vertex of the tire radially within the first carcass and extends from the vertex over the tire sidewalls to the bead regions, and in the latter wraps the core from axially inside to axially outside, and ends in a second carcass ply end radially in the respective bead regions, see at least FIG. 5 above. The first carcass ply 301 extends from the vertex of the two-wheeler pneumatic tire over the tire sidewalls to the bead regions, and in the latter wraps the core from axially inside to axially outside; and is guided from the bead region in a first carcass ply turn-up over the respective tire sidewall to below the tread and at the latter ends in a first carcass ply end, see at least FIG. 5 above.
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Additionally, the protective layer 11 is disposed such that: it covers the carcass ply ends from axially outside; conjointly forming an external face of the bead region as a contact surface to a rim; and emanates from the tire sidewalls to a respective outermost reversal point of an external edge of the strength member of the carcass ply as reasonably depicted above. And further where a tread runout of the tread in an axial half in which the first carcass ply is guided in the first carcass ply turn-up, over the tire sidewall to below the tread 7, to the respective first carcass ply end, see at least Erbizzoni Fig. 5.
To the extent Erbizzoni does not explicitly disclose the protective layer strength members are embedded in rubber material or the use of a damping rubber; it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Erbizzoni as claimed since:
With respect to the protective layer: Schulte discloses a tire suitable as a two-wheeler pneumatic tire. The tire is configured to have a sheet structure 1.9 formed as a woven fabric or monofilament cords encased in rubber, see at least Col 8 lines 8-21, 35-39, claim 6 – (construed as a protective layer disposed axially outside the carcass and has strength members embedded in rubber material of the protective layer. The limitation to avoid discharge of air through microchannels between fibers is considered intended use and is not germane to the patentably of the claimed tire structure). And wherein having the wear protection layer having differing colors aids in forecasting the mistaken selection of the appropriate wear protection scheme during construction of the tire, see Col 6 lines 57-60. It being readily seen that supplying the protective layer having a colored/white rubber coating would reasonably and predictably provide a means of ascertaining the correct build when producing the tire. And further where the structure/protective layer is disposed to extend from the bead region to under the tread, see at least FIG. 2 – (construed as each of two axial halves of the protective layer is guided from the bead region over the respective tire sidewall to below the tread). This being advantageous for protection against wear, see Col 8 lines 9-12. Additionally, Schulte discloses its invention is applicable to tubeless tire and preferable due to reduced rolling resistance and less abrupt pressure loss properties, see Col 6 lines 61-64 – (construed as the tire is airtight and operable without a tube and sealant fluid). And further where, the protective layer is divided into two protective layer parts; in that in each of the two axial halves a protective layer part of the two protective layer parts is guided from the bead region over the respective tire sidewall to below the tread and at the latter, in the respective axial half, ends in front of the vertex in a radially outer protective layer part end, see Schulte FIG. 1.
Likewise, Ralf discloses a tire suitable as a two-wheeler pneumatic tire. The tire is configured to have a structure 22 for providing protection for the tire sidewalls, see [0027]. The structure 22 being encased in rubber and extends from the bead area to under the tread, see at least FIG. 1, [0029]. And where the use of monofilaments creates an airtight layer, see at least [0033]. Thus, one would readily apply the protective layer schemes of Schulte and/or Ralf with a reasonable and predictable expectation of success in forming a protective layer which provides enhanced protection for the tire.
With respect to the damping rubber: Wurmback discloses a tire to include a damping rubber insert 3 – (construed as a damping rubber intermediate layer), see [0015]. And where the material thereof has a rebound value between 70 and 80 – (overlaps the claimed range of between 70 and 80) to provide optimum ride comfort wherein the rolling resistance of the tire is not increased, see [0009] - [0010]. Concerning the claimed ranges: it has been held that “in the case where the claimed ranges ‘overlap or lie inside ranges disclosed by the prior art' a prima facie case of obviousness exists”, see MPEP § 2144.05(I).
With respect to the damping rubber: Schoeffel discloses a tire component having a composition which provides increased rebound elasticities and improved rolling resistance. The composition having a Shore hardness of by example between 53 – 65, see Table 3, Col 20 lines 1-15 – (overlaps the claimed range of more than 45).
Regarding claim 32, modified Erbizzoni discloses the protective layer 11 extends integrally from one bead region over the vertex to another bead region, see Erbizzoni Fig. 1.
Regarding claim 33, modified Erbizzoni discloses with regards to extending the protection layer to “at most to a respective outermost reversal point of an external edge of the strength members of the second carcass ply that are folded about the core, and herein ends in front of the respective outermost reversal point at a first height of 0 to 2 mm, measured relative to the outermost reversal point”: This is at least visualized by both Schulte and Ralf.
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It being considered the claimed range includes a measure of zero (taken as the protective layer extends to a point which lies on the same plane as an innermost point representative of an innermost point of the turnup portion) whereas best depicted in Schulte and Ralf the protective layers extend to but do not extend beyond an innermost portion of the turnup ply. Contrast is readily visualized above, where it is obvious the claimed range is representative of merely of an optimum or workable range clearly envisaged by routine experimentation, see MPEP 2144.05. Concerning the claimed ranges: it has been held that “in the case where the claimed ranges ‘overlap or lie inside ranges disclosed by the prior art' a prima facie case of obviousness exists”, see MPEP § 2144.05(I).
Regarding claim 34, modified Erbizzoni discloses the protective layer is embodied as a woven fabric rubberized with the rubber material, see at least Schulte claim 6.
Regarding claim 35, modified Erbizzoni further discloses a tire for off-road applications has an axial development of 37 mm to 120 mm, see Erbizzoni [0151] – (construed as and overlaps a minimum tire width of 35 mm and wherein the tire is a mountain bike tire). Concerning the claimed ranges: it has been held that “in the case where the claimed ranges ‘overlap or lie inside ranges disclosed by the prior art' a prima facie case of obviousness exists”, see MPEP § 2144.05(I).
Regarding claim 36, it has been held that a selection of a known material based on its suitability for its intended use supports a prima facie obviousness determination, see MPEP 2144.07. Moreover, modified Erbizzoni discloses the protection layer also known as a wear protection layer in the sidewall region is configured to have colored cords to aid in foreclosing mistaken selection of the appropriate wear protection web during tire construction, see Schulte Col 6 lines 57-60. Thus, one of ordinary skill would form the protective layer to have a white rubber coating (such as that of the cords) that forms a visible surface of the tire. This being beneficial for assisting in selection of the appropriate wear protection web during tire construction.
Claim 37 is ejected under 35 U.S.C. 103 as being unpatentable over Erbizzoni et al. (US 2021/0188005 A1 – of record), in view of at least one of Schulte (US 6,568,446 B1 – of record), or Ralf (DE 202012007834 U1 – of record), in view of Wurmback (US 2017/0136819 A1 – of record), as applied to claim 31 above, and further in view of Mahling (DE 19542982 A1 – of record).
Regarding claim 37, while modified Erbizzoni does not explicitly disclose a folding core mounted with the bead on a rim flange; it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to adjust modified Erbizzoni as claimed since: It is well-known in the art to provide “clincher type” tire wherein the bead portion is capable of being folded. This being done in consideration of airtightness of the tire with respect to the junction between the rim and the tire. In any event, Mahling discloses a tubeless tire, wherein a folding core is used to contribute to forming an airtight arrangement, see [0031]. It being considered that updating Erbizzoni’s tire to have folded cores in the claimed manner would reasonably and predictably form a tire having an enhanced arrangement for forming an airtight seal with a rim.
Claim 38 is ejected under 35 U.S.C. 103 as being unpatentable over Erbizzoni et al. (US 2021/0188005 A1 – of record), in view of at least one of Schulte (US 6,568,446 B1 – of record), or Ralf (DE 202012007834 U1 – of record), in view of Wurmback (US 2017/0136819 A1 – of record), as applied to claim 31 above, and further in view of Kramer et al. (US 2018/0043581 A1 – of record).
Regarding claim 38, modified Erbizzoni does not explicitly disclose a hardness value for the damping rubber. However, it is well-known in the art to provide any number of reinforcing layers to influence tire properties such as durability and reduced noise generation. In any event, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to adjust modified Erbizzoni as claimed since: Kramer discloses a tire to include textile reinforcing element comprising fibers, with an elastomeric matrix material, especially a rubber or a rubber mixture. The invention to further include having woven threads as fiber elements formed of polyethylene terephthalate, see [0049], claim 14. It is considered one would readily form the damping rubber as a woven fabric comprising fibers of polyethylene terephthalate – polyacrylate (PET), as Kramer suggests doing so would provide improved adhesion between the elastomeric matrix and weave fibers which improves tire production, see at least [0008].
Claims 39-40 are rejected under 35 U.S.C. 103 as being unpatentable over Erbizzoni et al. (US 2021/0188005 A1 – of record), in view of at least one of Schulte (US 6,568,446 B1 – of record), or Ralf (DE 202012007834 U1 – of record), in view of Wurmback (US 2017/0136819 A1 – of record), in view of Schoeffel et al. (US 10,870,744 B2 – of record).
Regarding claim 39, Erbizzoni discloses a tire suitable as a two-wheeler pneumatic tire. The tire is configured to have a tread 7; a carcass 3; sidewalls (clearly depicted in Fig. 1 but not annotated); a bead region 5 having a bead core 4; and a protective layer 11 disposed axially outside the carcass and has strength members, see at least [0095]; and each of two axial halves of the protective layer is guided from the bead region over the respective tire sidewall to below the tread, see at least Fig. 1. The tire carcass formed of a ply 301 – (examiner annotated and construed as a first carcass ply) and a ply 300 – (examiner annotated and construed as a second carcass ply), each having strength members, see at least [0114].
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The second carcass ply 300 is disposed in a vertex of the tire radially within the first carcass and extends from the vertex over the tire sidewalls to the bead regions, and in the latter wraps the core from axially inside to axially outside, and ends in a second carcass ply end radially in the respective bead regions, see at least FIG. 5 above. The first carcass ply 301 extends from the vertex of the two-wheeler pneumatic tire over the tire sidewalls to the bead regions, and in the latter wraps the core from axially inside to axially outside; and is guided from the bead region in a first carcass ply turn-up over the respective tire sidewall to below the tread and at the latter ends in a first carcass ply end, see at least FIG. 5 above.
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Additionally, the protective layer 11 is disposed such that: it covers the carcass ply ends from axially outside; conjointly forming an external face of the bead region as a contact surface to a rim; and emanates from the tire sidewalls to a respective outermost reversal point of an external edge of the strength member of the carcass ply as reasonably depicted above. And further where a tread runout of the tread in an axial half in which the first carcass ply is guided in the first carcass ply turn-up, over the tire sidewall to below the tread 7, to the respective first carcass ply end, see at least Erbizzoni Fig. 5.
To the extent Erbizzoni does not explicitly disclose the protective layer strength members are embedded in rubber material or the use of a damping rubber; it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Erbizzoni as claimed since:
With respect to the protective layer: Schulte discloses a tire suitable as a two-wheeler pneumatic tire. The tire is configured to have a sheet structure 1.9 formed as a woven fabric or monofilament cords encased in rubber, see at least Col 8 lines 8-21, 35-39, claim 6 – (construed as a protective layer disposed axially outside the carcass and has strength members embedded in rubber material of the protective layer. The limitation to avoid discharge of air through microchannels between fibers is considered intended use and is not germane to the patentably of the claimed tire structure). And wherein having the wear protection layer having differing colors aids in forecasting the mistaken selection of the appropriate wear protection scheme during construction of the tire, see Col 6 lines 57-60. It being readily seen that supplying the protective layer having a colored/white rubber coating would reasonably and predictably provide a means of ascertaining the correct build when producing the tire. And further where the structure/protective layer is disposed to extend from the bead region to under the tread, see at least FIG. 2 – (construed as each of two axial halves of the protective layer is guided from the bead region over the respective tire sidewall to below the tread). This being advantageous for protection against wear, see Col 8 lines 9-12. Additionally, Schulte discloses its invention is applicable to tubeless tire and preferable due to reduced rolling resistance and less abrupt pressure loss properties, see Col 6 lines 61-64 – (construed as the tire is airtight and operable without a tube and sealant fluid). And further where, the protective layer is divided into two protective layer parts; in that in each of the two axial halves a protective layer part of the two protective layer parts is guided from the bead region over the respective tire sidewall to below the tread and at the latter, in the respective axial half, ends in front of the vertex in a radially outer protective layer part end, see Schulte FIG. 1.
Likewise, Ralf discloses a tire suitable as a two-wheeler pneumatic tire. The tire is configured to have a structure 22 for providing protection for the tire sidewalls, see [0027]. The structure 22 being encased in rubber and extends from the bead area to under the tread, see at least FIG. 1, [0029]. And where the use of monofilaments creates an airtight layer, see at least [0033]. Thus, one would readily apply the protective layer schemes of Schulte and/or Ralf with a reasonable and predictable expectation of success in forming a protective layer which provides enhanced protection for the tire.
With respect to the damping rubber: Wurmback discloses a tire to include a damping rubber insert 3 – (construed as a damping rubber intermediate layer), see [0015]. And where the material thereof has a rebound value between 70 and 80 – (overlaps the claimed range of between 70 and 80) to provide optimum ride comfort wherein the rolling resistance of the tire is not increased, see [0009] - [0010].
With respect to the damping rubber: Schoeffel discloses a tire component having a composition which provides increased rebound elasticities and improved rolling resistance. The composition having a Shore hardness of by example between 53 – 65, see Table 3, Col 20 lines 1-15 – (overlaps the claimed range of more than 45).
With regards to extending the protection layer to “emanates from the sidewalls in the bead regions and extends at most to a respective outermost reversal point of an external edge of the strength members of the second carcass ply that are folded about the core, and herein ends in front of the respective outermost reversal point at a first height of 2 mm, measured relative to the outermost reversal point and the second carcass ply ends of the second carcass ply is disposed at a second height of 10 mm to 12 mm, measured relative to the outermost reversal point ”: This is at least visualized by both Schulte and Ralf.
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It being considered the claimed range includes a measure of 2 mm sufficiently close to zero (taken as the protective layer extends to a point which lies on the same plane as an innermost point representative of an innermost point of the turnup portion) whereas best depicted in Schulte and Ralf the protective layers extend to but do not extend beyond an innermost portion of the turnup ply. Contrast is readily visualized above, where it is obvious the claimed range is representative of merely of an optimum or workable range clearly envisaged by routine experimentation, see MPEP 2144.05. Concerning the claimed ranges: it has been held that “in the case where the claimed ranges ‘overlap or lie inside ranges disclosed by the prior art' a prima facie case of obviousness exists”, see MPEP § 2144.05(I).
Regarding claim 40, it has been held that a selection of a known material based on its suitability for its intended use supports a prima facie obviousness determination, see MPEP 2144.07. Moreover, modified Erbizzoni discloses the protection layer also known as a wear protection layer in the sidewall region is configured to have colored cords to aid in foreclosing mistaken selection of the appropriate wear protection web during tire construction, see Schulte Col 6 lines 57-60. Thus, one of ordinary skill would form the protective layer to have a colored rubber coating (such as that of the cords) that forms a visible surface of the tire. This being beneficial for assisting in selection of the appropriate wear protection web during tire construction.
Claim 41 is ejected under 35 U.S.C. 103 as being unpatentable over Erbizzoni et al. (US 2021/0188005 A1 – of record), in view of at least one of Schulte (US 6,568,446 B1 – of record), or Ralf (DE 202012007834 U1 – of record), in view of Wurmback (US 2017/0136819 A1 – of record), as applied to claim 39 above, and further in view of Kramer et al. (US 2018/0043581 A1 – of record).
Regarding claim 41, modified Erbizzoni does not explicitly disclose a hardness value for the damping rubber. However, it is well-known in the art to provide any number of reinforcing layers to influence tire properties such as durability and reduced noise generation. In any event, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to adjust modified Erbizzoni as claimed since: Kramer discloses a tire to include textile reinforcing element comprising fibers, with an elastomeric matrix material, especially a rubber or a rubber mixture. The invention to further include having woven threads as fiber elements formed of polyethylene terephthalate, see [0049], claim 14. It is considered one would readily form the damping rubber as a woven fabric comprising fibers of polyethylene terephthalate – polyacrylate (PET), as Kramer suggests doing so would provide improved adhesion between the elastomeric matrix and weave fibers which improves tire production, see at least [0008].
Response to Arguments
Applicant's arguments filed date have been fully considered but they are not persuasive.
Applicant’s Argument #1
Applicant argues that: Schulte or Ralf in view of Wurmback does not teach the claimed features of claim 15.
Examiner’s Response #1
Examiner respectfully disagrees: In response to applicant's arguments against the references individually, one cannot show nonobviousness by attacking references individually where the rejections are based on combinations of references. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981); In re Merck & Co., 800 F.2d 1091, 231 USPQ 375 (Fed. Cir. 1986). Erbizzoni reasonably discloses the requisite structure of the tire and is modified by Schulte and Ralf which discloses a reasonable pathway in forming a tire to have the features of tire is airtight and operable without a tube and sealant fluid; and have the strength members are monofilaments embedded in rubber materials of the protective layer to avoid discharge of air through microchannels between fibers, see the rejection of claim 15.
The rejections are maintained.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
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 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.
Contact Information
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CEDRICK S WILLIAMS whose telephone number is (571) 272-9776. The examiner can normally be reached on Monday - Thursday 8:00am-5:00pm.
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/CEDRICK S WILLIAMS/Primary Examiner, Art Unit 1749
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