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 04/27/2026 has been entered. Claims 11, 13-17, and 19-27 are pending.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 04/28/2026 has been considered by the examiner.
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 11, 13-17, 19-21 are rejected under 35 U.S.C. 103 as being unpatentable over Kim (KR 10-0354789 B1 – of record), in view of at least one of Kawai (JP 2008-279976 A – of record), or Campana et al. (US 5,795,415 – of record), in view of Suzuki et al. (US 2022/0402303 A1 – of record).
Regarding claims 11, 13, 17, 21, Kim discloses a pneumatic tire to include a tread with a tread surface and a shoulder-side circumferential groove 1 within a shoulder region of the tire. A carcass ply line in a cross section of the tire. As to the cross section is in a circumferential direction U mounted on a standard wheel rim conforming to E.T.R.T.O. without filling pressure: Kim doesn’t explicitly restrict its tire to a particular standard. Thus, under the broadest reasonable interpretation (BRI) afforded the examiner. Kim’s inventive tire meets the claimed standard of the cross section is in a circumferential direction U mounted on a standard wheel rim conforms to E.T.R.T.O. without filling pressure. There being nothing structurally which precludes Kim’s tire from being formed to such a standard.
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It is readily seen in the tire tread as depicted above. That translating Kim’s protruding distance D of 0.5 mm to 2.5 mm, see page 10 paragraph 8 – (corresponds to and overlaps the first spacing d and the first spacing d is 0.7 mm to 5.0 mm), to the carcass layer; corresponds to the claimed “point R of the carcass ply line is defined by a projection of a center of the circumferential groove perpendicularly onto the carcass ply line and has a first spacing d of at least 0.7 mm to a straight line that connects two points A and B of the carcass ply line; and the center; and the center is determined in a lateral surface applied to the tread surface radially from the outside; and the first spacing d is measured perpendicular to the straight line; and the point R is arranged radially outside the straight line; and the point R is arranged centrally between the points A and B as measured along the carcass ply line and has an equal second spacing D to each of the two points A and B”. Additionally, Kim discloses the protrusion width W – (construed as spacing D) is 10 mm to 50 mm, see page 10 paragraph 8 – (corresponds to and overlaps the second spacing D and the second spacing D is 10 mm to 40 mm). As to the “when the tire is in a filled state limitation: Kim explicitly discloses the tire has a uniform pressure distribution over the entire surface of each of the ribs 2, so that pressure against the ribs 2 is applied uniformly, resulting in uniform wear, see at least page 10 paragraph 10. Therefore, it considered the “when the tire is in a filled state” limitation is disclosed and/or at least reasonably implied to include when the claimed spacings are measured.
Kim does not explicitly disclose the carcass ply strength members, nor groove widths. However, such tire constructions are well-known in the art being suitable for influencing tire properties such as tread rigidity and tire durability. And where one in forming a durable tire would enhance Kim’s tire in the claimed manner. 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 modify Kim as claimed since:
Kawai discloses a pneumatic tire suitable for heavy-duty use and suppression of groove bottom cracking, see [0001]. The tire conforming to E.T.R.T.O. standards, see [0013]; and having circumferential groove widths of the tread in a range of 8 to 20 mm, see [0010]. It being readily seen that Kim’s spacing D range of 10 mm to 50 mm and Kawai’s groove width range of 8 to 20 mm, presents several data points for forming Kim’s spacing D to be 1.0 to 2.0 times a width of the circumferential groove measured along the lateral surface. For instance, spacing D and grooves widths of 10 mm to 20 mm are substantially envisioned by both the Kim and Kawai disclosures respectively. Wherein a spacing D width of 10 mm and a groove width of 10 mm results in spacing D of 1.0 times the width of the circumferentially extending groove and overlap the claimed “1.0 to 2.0 times” requirement. Moreover, one would do so as Kawai discloses such a groove width is beneficial for dissipating heat to improve tread durability and reducing the occurrence of block chipping, see [0022].
Likewise, Campana discloses a tire tread band suitable for medium/heavy duty tire – (construed as truck tires). The tire being configured to have groove widths of circumferentially extending grooves to be 2 mm to 15 mm, see at least Col 4 lines 52-58. It being readily seen that Kim’s spacing D range of 10 mm to 50 mm and Campana’s groove width range of 2 to 15 mm, presents several data points for forming Kim’s spacing D to be 1.0 to 2.0 times a width of the circumferential groove measured along the lateral surface. For instance, spacing D and grooves widths of 10 mm to 15 mm are substantially envisioned by both the Kim and Campana disclosures respectively. Wherein a spacing D width of 10 mm and a groove width of 10 mm results in spacing D of 1.0 times the width of the circumferentially extending groove and overlap the claimed “1.0 to 2.0 times” requirement. Moreover, one would do so as Campana discloses such a groove width contributes to forming a tire tread for medium/heavy duty vehicles for the purpose of using a single tread pattern type for both tractive and drive axles, see at least Col 2 lines 53-63. Additionally, Campana discloses a shoulder land portion 5a has a width of 42 mm, see Campana Col 5 lines 30-39 – (corresponds to and overlaps the circumferential groove is the axially outermost circumferential groove having a third spacing of at least 20 mm from a tread surface edge). As to the “when the tire is in a filled state limitation: Kim explicitly discloses the tire has a uniform pressure distribution over the entire surface of each of the ribs 2, so that pressure against the ribs 2 is applied uniformly, resulting in uniform wear, see at least page 10 paragraph 10. Therefore, it considered the “when the tire is in a filled state” limitation is disclosed and/or at least reasonably implied to include when the claimed spacings are measured.
Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to form Kim’s circumferential extending grooves to have a groove width as suggested by Kawai or Campana to enhance Kim’s tread pattern to have the aforementioned benefits as discussed above.
Moreover, Suzuki discloses a tire with improved uneven wear resistance and suitable for heavy duty use. The tire having carcass ply whose strength members are angled at -10° - 10° from the tire equatorial plane CL as a boundary in the tire width direction, see [0069] – [0070] - (corresponds to and overlaps strength members of the carcass ply in a sidewall of the tire form an angle of at most 10°, preferably of at most 5°, particularly preferably of at most 3°, with the radial direction rR). This being beneficial for reducing the tire internal structure strain between both sidewall portions, improving uneven wear resistance performance and preventing the occurrence of cracks in the tire, see at least [0070].
Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to form Kim’s carcass ply such that the carcass ply has strength members disposed in the sidewall having angles of at most 10° as taught by Suzuki to provide the aforementioned benefits. Moreover, forming the carcass ply such that the carcass ply line is disposed in a cross section of the tire and running through central points of the strength members is at least readily envisioned by the combination. That is, Kim reasonably depicts a carcass ply line as claimed and discussed above; and Suzuki teaches and discloses benefit for a carcass having the claimed carcass strength members. It naturally follows one would in following Kim’s carcass ply line to include the strength members of Suzuki would form the claimed “carcass ply line in a cross section of the tire and running through central points of the strength members”. 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 14-16, 19-20, modified Kim further discloses the carcass ply line in the entire region between the points A and B is arranged so as to have a curvature facing a tire interior space, see Kim depiction below.
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And the carcass ply line axially inside of the points A and B is arranged so as to have a curvature facing a tire exterior space, see Kim depiction above; and both axial halves of the tire are formed in this way, see at least Kim figure 1; and the tire has a nominal aspect ratio of 80%, see at least Campana Col 4 line 48 – (corresponds to and overlaps 45% to 80%); and the tire is a truck tire as reasonably suggested by Campana, see Col 1 lines 6-23.
Claims 22, 25 are rejected under 35 U.S.C. 103 as being unpatentable over Kim (KR 10-0354789 B1 – of record), in view of at least one of Kawai (JP 2008-279976 A – of record), or Campana et al. (US 5,795,415 – of record).
Regarding claims 22, 25, Kim discloses a pneumatic tire to include a tread with a tread surface and a shoulder-side circumferential groove 1 within a shoulder region of the tire. A carcass ply line in a cross section of the tire. As to the tire is in a state without filling pressure: Kim doesn’t explicitly restrict its tire to a particular standard. Thus, under the broadest reasonable interpretation (BRI) afforded the examiner. Kim’s inventive tire meets the claimed tire is in a state without filling pressure and a second state increased to a filling pressure from atmospheric pressure and undergoes a change in its outer contour. There being nothing structurally which precludes Kim’s tire from being formed to such a standard.
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It is readily seen in the tire tread as depicted above. That translating Kim’s protruding distance D of 0.5 mm to 2.5 mm, see page 10 paragraph 8 – (corresponds to and overlaps the first spacing d and the first spacing d is 0.7 mm to 5.0 mm), to the carcass layer; corresponds to the claimed “point R of the carcass ply line is defined by a projection of a center of the circumferential groove perpendicularly onto the carcass ply line and has a first spacing d of at least 0.7 mm to a straight line that connects two points A and B of the carcass ply line; and the center; and the center is determined in a lateral surface applied to the tread surface radially from the outside; and the first spacing d is measured perpendicular to the straight line; and the point R is arranged radially outside the straight line; and the point R is arranged centrally between the points A and B as measured along the carcass ply line and has an equal second spacing D to each of the two points A and B”. Additionally, Kim discloses the protrusion width W – (construed as spacing D) is 10 mm to 50 mm, see page 10 paragraph 8 – (corresponds to and overlaps the second spacing D and the second spacing D is 10 mm to 40 mm).
Kim does not explicitly disclose the carcass ply strength members, nor groove widths. However, such tire constructions are well-known in the art being suitable for influencing tire properties such as tread rigidity and tire durability. And where one in forming a durable tire would enhance Kim’s tire in the claimed manner. 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 modify Kim as claimed since:
Kawai discloses a pneumatic tire suitable for heavy-duty use and suppression of groove bottom cracking, see [0001]. The tire conforming to E.T.R.T.O. standards, see [0013]; and having circumferential groove widths of the tread in a range of 8 to 20 mm, see [0010]. It being readily seen that Kim’s spacing D range of 10 mm to 50 mm and Kawai’s groove width range of 8 to 20 mm, presents several data points for forming Kim’s spacing D to be 1.0 to 2.0 times a width of the circumferential groove measured along the lateral surface. For instance, spacing D and grooves widths of 10 mm to 20 mm are substantially envisioned by both the Kim and Kawai disclosures respectively. Wherein a spacing D width of 10 mm and a groove width of 10 mm results in spacing D of 1.0 times the width of the circumferentially extending groove and overlap the claimed “1.0 to 2.0 times” requirement. Moreover, one would do so as Kawai discloses such a groove width is beneficial for dissipating heat to improve tread durability and reducing the occurrence of block chipping, see [0022].
Likewise, Campana discloses a tire tread band suitable for medium/heavy duty tire – (construed as truck tires). The tire being configured to have groove widths of circumferentially extending grooves to be 2 mm to 15 mm, see at least Col 4 lines 52-58. It being readily seen that Kim’s spacing D range of 10 mm to 50 mm and Campana’s groove width range of 2 to 15 mm, presents several data points for forming Kim’s spacing D to be 1.0 to 2.0 times a width of the circumferential groove measured along the lateral surface. For instance, spacing D and grooves widths of 10 mm to 15 mm are substantially envisioned by both the Kim and Campana disclosures respectively. Wherein a spacing D width of 10 mm and a groove width of 10 mm results in spacing D of 1.0 times the width of the circumferentially extending groove and overlap the claimed “1.0 to 2.0 times” requirement. Moreover, one would do so as Campana discloses such a groove width contributes to forming a tire tread for medium/heavy duty vehicles for the purpose of using a single tread pattern type for both tractive and drive axles, see at least Col 2 lines 53-63. Additionally, Campana discloses a shoulder land portion 5a has a width of 42 mm, see Campana Col 5 lines 30-39 – (corresponds to the shoulder-side circumferential groove is the axially outermost circumferential groove and has a third spacing). As to the “when the tire is in a filled state limitation: Kim explicitly discloses the tire has a uniform pressure distribution over the entire surface of each of the ribs 2, so that pressure against the ribs 2 is applied uniformly, resulting in uniform wear, see at least page 10 paragraph 10. Therefore, it considered the “when the tire is in a filled state” limitation is disclosed and/or at least reasonably implied to include when the claimed spacings are measured.
Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to form Kim’s circumferential extending grooves to have a groove width as suggested by Kawai or Campana to enhance Kim’s tread pattern to have the aforementioned benefits as discussed above. 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 23-24, modified Kim further discloses the carcass ply line in the entire region between the points A and B is arranged so as to have a curvature facing a tire interior space, see Kim depiction below.
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And the carcass ply line axially inside of the points A and B is arranged so as to have a curvature facing a tire exterior space, see Kim depiction above; and both axial halves of the tire are formed in this way, see at least Kim figure 1.
Claims 26-27 are rejected under 35 U.S.C. 103 as being unpatentable over Kim (KR 10-0354789 B1 – of record), in view of at least one of Kawai (JP 2008-279976 A – of record), or Campana et al. (US 5,795,415 – of record), and further in view of Chaturvedi et al. (EP 3395590 A1 – of record).
Regarding claims 26-27, Kim discloses a pneumatic tire to include a tread with a tread surface and a shoulder-side circumferential groove 1 within a shoulder region of the tire. A carcass ply line in a cross section of the tire. As to the tire is in a state without filling pressure: Kim doesn’t explicitly restrict its tire to a particular standard. Thus, under the broadest reasonable interpretation (BRI) afforded the examiner. Kim’s inventive tire meets the claimed tire is in a state without filling pressure and a second state increased to a filling pressure from atmospheric pressure and undergoes a change in its outer contour. There being nothing structurally which precludes Kim’s tire from being formed to such a standard.
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It is readily seen in the tire tread as depicted above. That translating Kim’s protruding distance D of 0.5 mm to 2.5 mm to be measured from a straight line that connects two points on the radially innermost carcass ply – (construed as and overlaps a first spacing d of at least 0.7 mm), see page 10 paragraph 8 – (corresponds to a point R of the carcass ply line is defined by a projection of a center of the circumferential groove perpendicularly onto the carcass ply line and has a first spacing d of at least 0.7 mm to a straight line that connects two points A and B of the carcass ply line).
As to the conditions of the tire is in a filled state and cyclic loading: Kim explicitly discloses the tire has a uniform pressure distribution over the entire surface of each of the ribs 2, so that pressure against the ribs 2 is applied uniformly, resulting in uniform wear, see at least page 10 paragraph 10. Therefore, it considered the “when the tire is in a filled state” limitation is disclosed and/or at least reasonably implied to include when the claimed spacings are measured. Moreover, the claim limitation “cyclic loading” is not a feature of the tire but is descriptive of forces imposed on the tire during normal operation, as discussed in applicant’s specification [0010]. Consequently, as there is nothing structurally which precludes Kim’s tire from being operated in a normal fashion. One would under a broadest reasonable interpretation expect the spacings of Kim to apply when the tire is filled and based thereon the anticipation of cyclic loadings during normal operation.
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It is further readily seen in the depiction above that: the center of the circumferential groove is determined in a lateral surface applied to the tread surface radially from the outside; wherein the first spacing d is measured perpendicular to the straight line; wherein the point R is arranged radially outside the straight line; and the point R is arranged centrally between the points A and B as measured along the carcass ply line and has an equal second spacing D to each of the two points A and B. Additionally, Kim discloses the protrusion width W – (construed as spacing D) is 10 mm to 50 mm, see page 10 paragraph 8 – (corresponds to and overlaps the second spacing D and the second spacing D is 10 mm to 40 mm).
Kim does not explicitly disclose the carcass ply strength members, radial carcass, air-impermeable inner layer, nor groove widths. However, such tire constructions are well-known in the art being suitable for influencing tire properties such as tread rigidity and tire durability. And where one in forming a durable tire would enhance Kim’s tire in the claimed manner. 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 modify Kim as claimed since: Chaturvedi discloses it is common to provide pneumatic tires with a radial carcass and inner layer 5 of airtight configuration, see at least [0001], [0014].
Kawai discloses a pneumatic tire suitable for heavy-duty use and suppression of groove bottom cracking, see [0001]. The tire conforming to E.T.R.T.O. standards, see [0013]; and having circumferential groove widths of the tread in a range of 8 to 20 mm, see [0010]. It being readily seen that Kim’s spacing D range of 10 mm to 50 mm and Kawai’s groove width range of 8 to 20 mm, presents several data points for forming Kim’s spacing D to be 1.0 to 2.0 times a width of the circumferential groove measured along the lateral surface. For instance, spacing D and grooves widths of 10 mm to 20 mm are substantially envisioned by both the Kim and Kawai disclosures respectively. Wherein a spacing D width of 10 mm and a groove width of 10 mm results in spacing D of 1.0 times the width of the circumferentially extending groove and overlap the claimed “1.0 to 2.0 times” requirement. Moreover, one would do so as Kawai discloses such a groove width is beneficial for dissipating heat to improve tread durability and reducing the occurrence of block chipping, see [0022].
Likewise, Campana discloses a tire tread band suitable for medium/heavy duty tire – (construed as truck tires). The tire being configured to have groove widths of circumferentially extending grooves to be 2 mm to 15 mm, see at least Col 4 lines 52-58. It being readily seen that Kim’s spacing D range of 10 mm to 50 mm and Campana’s groove width range of 2 to 15 mm, presents several data points for forming Kim’s spacing D to be 1.0 to 2.0 times a width of the circumferential groove measured along the lateral surface. For instance, spacing D and grooves widths of 10 mm to 15 mm are substantially envisioned by both the Kim and Campana disclosures respectively. Wherein a spacing D width of 10 mm and a groove width of 10 mm results in spacing D of 1.0 times the width of the circumferentially extending groove and overlap the claimed “1.0 to 2.0 times” requirement and the claimed width of 10.0 mm to 20.0 mm. Moreover, one would do so as Campana discloses such a groove width contributes to forming a tire tread for medium/heavy duty vehicles for the purpose of using a single tread pattern type for both tractive and drive axles, see at least Col 2 lines 53-63. Additionally, Campana discloses a shoulder land portion 5a has a width of 42 mm, see Campana Col 5 lines 30-39 – (corresponds to and overlaps the circumferential groove is the axially outermost circumferential groove having a third spacing of at least 20 mm from a tread surface edge). As to the “when the tire is in a filled state limitation: Kim explicitly discloses the tire has a uniform pressure distribution over the entire surface of each of the ribs 2, so that pressure against the ribs 2 is applied uniformly, resulting in uniform wear, see at least page 10 paragraph 10. Therefore, it considered the “when the tire is in a filled state” limitation is disclosed and/or at least reasonably implied to include when the claimed spacings are measured.
Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to form Kim’s circumferential extending grooves to have a radial carcass and airtight inner layer as suggested by Chaturvedi and a groove width as suggested by Kawai or Campana to enhance Kim’s tread pattern to have the aforementioned benefits as discussed above. 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).
Response to Arguments
Applicant's arguments filed date have been fully considered but they are not persuasive.
Applicant’s Argument #1
Applicant argues that: Kim does not teach all the combinations and the claimed spacing. Instead, the Office Action relies on Kawai and merely states that such a groove is beneficial for dissipating heat to improve tread durability.
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). In particular, Kim discloses the spacing D within a range of 10 mm to 50 mm and Kawai discloses a circumferential groove width range of 8 to 20 mm, which presents several data points for forming Kim’s spacing D to be 1.0 to 2.0 times a width of a circumferential groove measured along the lateral surface. Thus, one of ordinary skill has good reason to develop the claimed ratio from at least Kim and Kawaii with a reasonable expectation of success in providing a benefit of dissipating heat to improve tread durability and reducing the occurrence of block chipping as suggested by the prior art.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
THIS ACTION IS MADE FINAL. 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 mailing 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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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Katelyn Smith 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.
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/CEDRICK S WILLIAMS/Primary Examiner, Art Unit 1749
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