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
Claim 5 is withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to nonelected Group II (method for vulcanization molding of an unvulcanized raw tire), there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 07/11/2025.
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 4 and 6 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.
Regarding claim 4, the phrase “a spring member which is attached between the holder and the container corresponding to the spring member to retain the design surface dividing mold part corresponding to the spring member at a predetermined position” in lines 3-5 is unclear. It is unclear how a spring member is attached between the holder and the container corresponding to the spring member (i.e., itself). It is also unclear how the spring member is attached to retain the design surface dividing mold part corresponding to the spring member (i.e., itself). Further clarification is requested as to what “corresponding to the spring member” is intended to mean. For the purposes of examination, the examiner assumes a spring member which is attached between the holder and the container to retain the design surface dividing mold part at a predetermined position.
Regarding claim 6, the phrase “a spring member which is attached between the holder and the container corresponding to the spring member to retain the design surface dividing mold part corresponding to the spring member at a predetermined position” in lines 3-5 is unclear. It is unclear how a spring member is attached between the holder and the container corresponding to the spring member (i.e., itself). It is also unclear how the spring member is attached to retain the design surface dividing mold part corresponding to the spring member (i.e., itself). Further clarification is requested as to what “corresponding to the spring member” is intended to mean. For the purposes of examination, the examiner assumes a spring member which is attached between the holder and the container to retain the design surface dividing mold part at a predetermined position.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-4 and 6 is/are rejected under 35 U.S.C. 102(a)(1)/(a)(2) as being anticipated by Bachochin et al. (US 2008152742) (of record).
Regarding claim 1, Bachochin discloses a mold for forming a tire for vulcanization molding of an unvulcanized raw tire into a tire (Figs. 1-2), the mold comprising: an annular tread molding part which is divided into a plurality of segments (Figs. 1-2: 16) arranged in a circumferential direction and which is configured to be opened and closed by moving each of the segments in a radial direction ([0017], [0024]-[0025]), wherein each of the segments (Figs. 1-2: 16) includes a design surface dividing mold part (Figs. 1-2: 19) which includes a tread design surface for forming a tread of the tire and which is configured to rotate around a rotatable shaft (Figs. 1-2: 44) perpendicular to a direction of movement of the segments (Figs. 1-2: 16) and also to an axis of the tread molding part when the tread molding part is opened after vulcanization molding of the tire (Figs. 1-2) ([0017], [0021]-[0022], [0024], [0025]).
Regarding claim 2, Bachochin further discloses each of the segments (Figs. 1-2: 16) includes a holder (Figs. 1-2: see body/holder of each segment 16 having sides 32, 35, 36, 39) to be driven toward a radially outer side by a container (Figs. 1-2: 12, 14) when the tread molding part is opened (Figs. 1-2: see how holder 16 is driven radially outward by container 12 using surface 34, alternatively see how holder 16 is driven radially outward by container 14 comprising spring 48, 50), the design surface dividing mold part (Figs. 1-2: 19) is fixed to a radially inner side of the holder (Figs. 1-2: 16), and the holder (Figs. 1-2: 16) is supported by the rotatable shaft (Figs. 1-2: 44) to be rotatable in relation to the container (Figs. 1-2: 12, 14).
Regarding claim 3, Bachochin further discloses the rotatable shaft (Figs. 1-2: 44) is disposed on a radially outer side in a one-sided manner in relation to the center of the holder (Figs. 1-2: 16) in the radial direction, and on one side in a direction of the axis of the tread molding part in relation to the center of the holder in the direction of the axis of the tread molding part (Figs. 1-2: see how shaft 44 is only on one side of the segment holder 16 in a radially outward and axially outermost manner).
Regarding claims 4 and 6, Bachochin further discloses a spring member (Figs. 1-2: 48, 50) which is attached between the holder (Figs. 1-2: 16) and the container (Figs. 1-2: 14) to retain the design surface dividing mold part (Figs. 1-2: 19) at a predetermined position (Fig. 1), and when the tread molding part is opened (Fig. 2), elastically deforms to allow for rotation of the holder in relation to the container (Fig. 2) ([0019], [0024]-[0025]).
Claim(s) 1-2 and 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Deshors (FR 2306069, see machine translation).
Regarding claim 1, Deshors discloses a mold for forming a tire for vulcanization molding of an unvulcanized raw tire into a tire (Figs. 1-5), the mold comprising: an annular tread molding part which is divided into a plurality of segments (Figs. 1-5: 7) arranged in a circumferential direction and which is configured to be opened and closed by moving each of the segments in a radial direction (Figs. 1-5) ([0005]), wherein each of the segments (Figs. 1, 5: 7) includes a design surface dividing mold part (Figs. 1, 5: 6) which includes a tread design surface for forming a tread of the tire and which is configured to rotate around a rotatable shaft (Figs. 1-5: 8) perpendicular to a direction of movement of the segments (Figs. 1-5: 7) and also to an axis of the tread molding part when the tread molding part is opened after vulcanization molding of the tire ([0005]).
Regarding claim 2, Deshors further discloses each of the segments (Figs. 1-5: 7) includes a holder (Figs. 1-5: see body/holder of each segment 7) to be driven toward a radially outer side by a container (Figs. 1-5: 10) when the tread molding part is opened ([0004]), the design surface dividing mold part (Figs. 1, 5: 6) is fixed to a radially inner side of the holder (Figs. 1, 5: 7) ([0005]), and the holder (Figs. 1-5: 7) is supported by the rotatable shaft (Figs. 1-5: 8) to be rotatable in relation to the container (Figs. 1-5: 10).
Regarding claim 4, Deshors further discloses a spring member (Figs. 1-5: 16) which is attached between the holder (Figs. 1-5: 7) and the container (Figs. 1-5: 10) to retain the design surface dividing mold part (Figs. 1, 5: 6) at a predetermined position, and when the tread molding part is opened (Figs. 2-3), elastically deforms to allow for rotation of the holder (Figs. 1-5: 7) in relation to the container (Figs. 1-5: 10).
Contact Information
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SEDEF PAQUETTE (née AYALP) whose telephone number is (571) 272-5031. The examiner can normally be reached on Monday - Friday 8:00 AM EST - 4:00 PM EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, KATELYN SMITH (née WHATLEY) can be reached on (571) 270-5545. The fax phone number for the organization where this application or proceeding is assigned is (571) 273-8300. The fax phone number for the examiner is (571) 273-5031.
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/SEDEF E PAQUETTE/Primary Examiner, Art Unit 1749