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 .
1) 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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 5-18-26 has been entered.
2) 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.
3) Claims 1-10 and 12-15 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.
In claim 1, the description of “during rolling.”, and” renders the scope of claim 1 unclear.
In claim 15, the scope and meaning of “at a same axial position over the width W of the tread” is confusing and ambiguous.
4) 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.
5) Claims 1-10 and 12-15 are 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.
As to claim 1, the 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 (i.e. the new matter) is “the leading or trailing edges [of the blocks] positioned along said line (L) enter the contact patch without circumferential offset and as part of a single inlet event across the tread width during rolling”.
There is no explicit support for this subject matter in the original disclosure. The original disclosure fails to reasonably convey this subject matter. FIRST: Attention is directed to a first annotated copy of applicant’s FIGURE 1:
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MARKED UP FIGURE #1
In the above MARKED UP FIGURE #1, the markings were added by the examiner to facilitate discussion of applicant’s FIGURE 1. In MARKED UP FIGURE #1, a black chevron line is identified as line L. The original disclosure describes and supports “the leading or trailing edges of the blocks which delimit, in the travel surface, the transverse cut-out in the form of a chevron are positioned in the same line (L). However, this line L is a structural feature of the tread pattern instead of a characteristic of a contact patch (footprint) of the tire. Therefore, the disclosure of line L cannot reasonably convey “the leading or trailing edges [of the blocks] positioned along said line (L) enter the contact patch without circumferential offset and as part of a single inlet event across the tread width during rolling”. SECOND: The original disclosure to fails to disclose the shape of the contact patch (footprint) and, accordingly cannot reasonably convey “the leading or trailing edges [of the blocks] positioned along said line (L) enter the contact patch without circumferential offset and as part of a single inlet event across the tread width during rolling”. THIRD: Attention is directed to a second annotated copy of applicant’s FIGURE 1.
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MARKED UP FIGURE #2
In the above MARKED UP FIGURE #2, the markings were added by the examiner to facilitate discussion of applicant’s FIGURE 1. In MARKED UP FIGURE #2, LE1 is a leading edge of a first shoulder block, LE2 is a leading edge of a first middle block, LE3 is a leading edge of a center block, LE4 is a leading edge of a second middle block and LE5 is a leading edge of a second shoulder block and X is a circumferential offset between leading edge LE1 and leading edge L3. One of ordinary skill in the art to readily appreciate that, as the tire rotates, the leading edge E3 first enters the contact patch (footprint) and then the leading edge E2 enters the contact patch (footprint) and then leading edge LE1 enters the contact patch (footprint) instead of “the leading or trailing edges [of the blocks] positioned along said line (L) enter the contact patch without circumferential offset and as part of a single inlet event across the tread width during rolling”. With respect to one of ordinary skill in the art’s understanding that the center of a tread pattern enters the contact patch (footprint) before shoulder regions of a tread pattern, see illustration of contact patch (footprint) of pneumatic tire (heavy goods vehicle tire size 295/80R22.5) shown in FIGURE 2 of Takahashi (US 2007/0151643) and illustration of contact patch (footprint) of pneumatic tire (heavy goods vehicle tire size 445/50R22.5) shown in FIGURE 5 of Kobayashi (US 2014/0196826). Furthermore, circumferential offset X in MARKED UP FIGURE #2 indicates that the leading or trailing edges [of the blocks] positioned along said line (L) cannot enter the contact patch without circumferential offset and as part of a single inlet event across the tread width during rolling.
With respect to support, applicant identifies paragraphs 8, 11-15, 20 ,23-25, 34 and 41 of publication US 2024/0359507 of this application 18/565,895. These paragraphs fail to teach “the leading or trailing edges [of the blocks] positioned along said line (L) enter the contact patch without circumferential offset and as part of a single inlet event across the tread width during rolling”.
As to claims 14 and 15, the 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 (i.e. the new matter) is “no circumferential cut-out intersects the transverse cut-out between said two rows” [claim 14], “the line (L) along which the leading or trailing edges are positioned is uninterrupted by any circumferential cut-out at a same axial position over the width W of the tread” [claim 15]. Attention is directed to a third annotated copy of applicant’s FIGURE 1:
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MARKED UP FIGURE #3
In the above MARKED UP FIGURE #3, the markings where added by examiner to facilitate discussion of applicant’s FIGURE 1. In MARKED UP FIGURE #3, each circled area indicates (1) an area where a circumferential cut-out intersects a transverse cut-out and (2) an area where line (L) is interrupted by a circumferential cut-out. Since applicant’s FIGURE 1, illustrates a circumferential cut-out intersecting a transverse cut-out and interrupting a line (L), the original disclosure cannot reasonably convey the subject matter in claims 14 and 15.
Remarks
6) Applicant’s arguments with respect to claims 1-10 and 12-15 have been considered but are moot in view of the new ground of rejection and the reasons presented therein.
Allowable subject matter has not been indicated since claims 1-10 and 12-15 are subject to a 35 USC 112a rejection.
7) No claim is allowed.
8) Any inquiry concerning this communication or earlier communications from the examiner should be directed to STEVEN D MAKI whose telephone number is (571)272-1221. The examiner can normally be reached Monday-Friday 9:30AM-6PM.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Katelyn B Smith (Whatley) can be reached at 571-270-5545. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/STEVEN D MAKI/
Primary Examiner, Art Unit 1749
May 30, 2026
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