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
Claims 1-9 and 16-20 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to nonelected Group I and Group III, as well as Species A1, A3, and B1, there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on 04/30/2026. The traversal is on the ground(s) that "Applicants further elect to prosecute Species A2 and B2, with traverse." This is not found persuasive because Applicant hasn’t provided any arguments or explanation as to why the species election is traversed.
The requirement is still deemed proper and is therefore made FINAL.
Claim Objections
Claim 11 is objected to because of the following informalities: the phrase “radially inner ends of the sidewall portions” in line 1 should be written as –the radially inner ends of the sidewall portions— for grammatical clarity and consistency in claim language. Appropriate correction is required.
Claim Rejections - 35 USC § 103
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 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) 10, 12, and 14-15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Xiao (CN 102133840, see machine translation) and any one of Lippmann et al. (US 2869610) and/or Yue (JP 08052737, see machine translation).
Regarding claim 10, Xiao discloses a tire assembly comprising: an annular tire (Fig. 1: 2); a vehicle wheel (Figs. 1-2: 1) secured to the annular tire (Fig. 1: 2) to define axial positions of radially inner ends of sidewall portions; and a spring support structure including at least one spring (Figs. 1-2: 3) extending circumferentially around the axis of rotation ([0010], [0023], [0033]-[0034]).
While Xiao does not expressly recite that the annular tire comprises: first and second annular bead cores axially spaced from one another; a carcass including at least one ply wrapped around the first and second bead cores, the carcass extending radially from the first and second bead cores to define opposing sidewall portions of the carcass and extending axially between the sidewall portions to define a body portion of the carcass; an annular belt structure disposed radially outwardly of the body portion of the carcass and defining an axis of rotation of the tire, the annular belt structure including a ground-contacting tread portion at a radially outer end thereof, it is consistent with the fundamentals of tire construction to provide an annular tire comprising bead cores, a carcass wrapped around said bead cores, sidewall portions, and an annular belt structure including a tread.
Additionally, Lippmann discloses an annular tire comprising: first and second annular bead cores (Figs. 1-2: 19, 20) axially spaced from one another; a carcass including at least one ply wrapped around the first and second bead cores (Figs. 1-4; Fig. 4: 14, 15, 16, 17) (Claim 2), the carcass extending radially from the first and second bead cores (Figs. 1-2: 19, 20) to define opposing sidewall portions (Figs. 1-2: 13) of the carcass and extending axially between the sidewall portions to define a body portion of the carcass; an annular belt structure (Figs. 1-4: 10, 11, 12; Figs. 3-4: 18) disposed radially outwardly of the body portion of the carcass and defining an axis of rotation of the tire, the annular belt structure including a ground-contacting tread portion (Figs. 1-2: 10, 12) at a radially outer end thereof. A tire having said structure will have softness of ride, steering ease, steering response, and antiskid tread mileage, as well as cost effective (Col. 1 lines 17-34). One of ordinary skill in the art before the effective filing date of the claimed invention would have found it obvious to modify the generic disclosure of an annular tire in Xiao with a known tire structure in the art, such as the tire structure taught by Lippmann for the advantages discussed above.
Additionally, Yue discloses an annular tire comprising: first and second annular bead cores (Fig. 1: 5) axially spaced from one another ([0010]-[0012]); a carcass (Fig. 1: 6) including at least one ply (Fig. 1: 6a, 6b) wrapped around the first and second bead cores (Fig. 1: 5), the carcass extending radially from the first and second bead cores to define opposing sidewall portions (Fig. 1: 3) of the carcass and extending axially between the sidewall portions to define a body portion of the carcass ([0010]-[0012]); an annular belt structure (Fig. 1: 7, 2) disposed radially outwardly of the body portion of the carcass and defining an axis of rotation of the tire, the annular belt structure including a ground-contacting tread portion (Fig. 1: 2, S, S1, S2) at a radially outer end thereof ([0010]-[0012]). One of ordinary skill in the art before the effective filing date of the claimed invention would have found it obvious to modify the generic disclosure of an annular tire in Xiao with a known tire structure in the art, such as the tire structure taught by Yue.
The limitation “thereby apply a tensile force to the carcass” is a recitation of intended use that does not require any additional structure to the tire assembly that differentiates it from the tire assembly disclosed by Xiao. The recitation does not result in structural difference between the claimed invention and the prior art because Xiao discloses a tire assembly comprising a vehicle wheel secured to the carcass defining axial positions of radially inner ends of the sidewall portions which one of ordinary skill in the art would find applies, or is at least capable of applying, a tensile force to the carcass.
The limitation “circumferentially stressed to apply a radially outward force on the body portion of the carcass” is a recitation of intended use that does not require any additional structure to the tire assembly that differentiates it from the tire assembly disclosed by Xiao. The recitation does not result in structural difference between the claimed invention and the prior art because Xiao discloses a tire assembly comprising a spring support structure including at least one spring extending circumferentially around the axis of rotation which one of ordinary skill in the art would find is, or is at least capable of being, circumferentially stressed to apply a radially outward force on the body portion of the carcass.
Regarding claim 12, Xiao further discloses the spring support structure is coupled directly to the at least one ply of the carcass on a radially inner side of the body portion of the carcass ([0015], [0023], [0033]-[0034]: wherein the spring is pressed up against and combined with the tire body so as to have a tight fit, i.e., coupled to the tire body and thereby the carcass ply forming the tire body outer surface).
Regarding claim 14, Xiao further discloses the spring support structure comprises a plurality discrete wire springs (Fig. 2: 3) axially spaced from one another along the body portion of the carcass ([0010], [0023], [0033]-[0036]).
Regarding claim 15, Xiao further discloses the spring support structure comprises a plurality discrete wire springs (Figs. 1-2: 3) arranged in a single row along the body portion of the carcass ([0010], [0023], [0033]-[0036]).
Claim(s) 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Xiao (CN 102133840, see machine translation) and any one of Lippmann et al. (US 2869610) and/or Yue (JP 08052737, see machine translation) as applied to claim 10 above, and optionally further in view of any of Maranville (US 1969088), Roque (US 3238988), Zimmerman et al. (US 2237207), and/or McMahan (US 2331795).
Regarding claim 11, while Xiao does not expressly recite the radially inner ends of the sidewall portions define a first separation distance with the carcass in an unrestrained state, wherein the vehicle wheel includes first and second grips secured to the radially inner ends of the sidewall portions to restrain the radially inner ends at a second separation distance that is greater or less than the first separation distance, Xiao does disclose that the annular tire is mounted onto the rim of the wheel. One of ordinary skill in the art would have recognized, or at least found obvious, that mounting a tire on a rim will necessarily change the separation distance between radially inner ends of the sidewall portions of the carcass so as to fit the rim.
Additionally, Lippmann further discloses the radially inner ends of the sidewall portions define a first separation distance with the carcass in an unrestrained state (Fig. 1), wherein the vehicle wheel includes first and second grips secured to the radially inner ends of the sidewall portions to restrain the radially inner ends at a second separation distance that is greater or less than the first separation distance (Fig. 2). Accordingly, Lippmann discloses how the separation distances change for an unmounted (i.e., unrestrained) tire versus a mounted tire (Figs. 1-2) (Col. 1 lines 68-71; Col. 2 lines 1-4). One of ordinary skill in the art before the effective filing date of the claimed invention would have recognized, or at least found obvious, that the first and second separation distances of the radially inner ends of the sidewall portions with the carcass in an unrestrained state versus a state of being mounted and secured onto the wheel will be different (i.e., the second separation distance will be greater or less than the first) as mounting and inflating the tire will changes said distances, as disclosed by Lippmann.
Additionally, Yue further discloses the radially inner ends of the sidewall portions define a first separation distance with the carcass in an unrestrained state (Fig. 1; Fig. 2: see outline of unrestrained tire not mounted on rim 13 of wheel), wherein the vehicle wheel includes first and second grips secured to the radially inner ends of the sidewall portions to restrain the radially inner ends at a second separation distance that is greater or less than the first separation distance (Fig. 2). Accordingly, Yue discloses how the separation distances change for an unmounted (i.e., unrestrained) tire versus a mounted tire (Figs. 1-2) ([0006]). In this manner, the finished tire is deformed from the tread shoulder portion to the bead portion when mounted on the rim, and as a result, the longitudinal rigidity and the lateral rigidity of the tire can be improved without increasing or decreasing the tread rigidity ([0006]). One of ordinary skill in the art before the effective filing date of the claimed invention would have recognized, or at least found obvious, that the first and second separation distances of the radially inner ends of the sidewall portions with the carcass in an unrestrained state versus a state of being mounted and secured onto the wheel will be different (i.e., the second separation distance will be greater or less than the first) as mounting and inflating the tire will changes said distances, as disclosed by Yue for the advantages discussed above.
Optionally, it is generally known in the tire art that taking an unrestrained tire and mounting and securing it onto a wheel will change the aforementioned separation distances. For instance, Maranville also discloses radially inner ends of the sidewall portions define a first separation distance with the carcass in an unrestrained state (Figs. 2-3), wherein the vehicle wheel includes first and second grips secured to the radially inner ends of the sidewall portions to restrain the radially inner ends at a second separation distance that is greater or less than the first separation distance (Figs. 2-3), Roque also discloses radially inner ends of the sidewall portions define a first separation distance with the carcass in an unrestrained state (Figs. 1-3), wherein the vehicle wheel includes first and second grips secured to the radially inner ends of the sidewall portions to restrain the radially inner ends at a second separation distance that is greater or less than the first separation distance (Figs. 1-3), Zimmerman also discloses radially inner ends of the sidewall portions define a first separation distance with the carcass in an unrestrained state (Figs. 1-2), wherein the vehicle wheel includes first and second grips secured to the radially inner ends of the sidewall portions to restrain the radially inner ends at a second separation distance that is greater or less than the first separation distance (Figs. 1-2), and McMahan discloses also discloses radially inner ends of the sidewall portions define a first separation distance with the carcass in an unrestrained state (Fig. 1), wherein the vehicle wheel includes first and second grips secured to the radially inner ends of the sidewall portions to restrain the radially inner ends at a second separation distance that is greater or less than the first separation distance (Fig. 1). Accordingly, the prior art all teach and disclose that mounting a tire from an unrestrained state to a secured state on a wheel will change the first and second separation distances of the radially inner ends of the sidewall portions with the carcass. Accordingly, one of ordinary skill in the art before the effective filing date of the claimed invention would have recognized, or at least found obvious, that the first and second separation distances of the radially inner ends of the sidewall portions with the carcass in an unrestrained state versus a state of being mounted and secured onto the wheel will be different (i.e., the second separation distance will be greater or less than the first) as mounting and inflating the tire will changes said distances, as is generally disclosed and taught by the tire art discussed above.
Claim(s) 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Xiao (CN 102133840, see machine translation) and any one of Lippmann et al. (US 2869610) and/or Yue (JP 08052737, see machine translation) as applied to claim 10 above, and further in view of any one of Bormann et al. (US 20130032262) and/or Hara (JP 2015166134, see machine translation).
Regarding claim 13, Xiao does not expressly recite the spring support structure further comprises a support bed constructed of a flowable material having the at least one spring embedded at least partially therein.
Bormann discloses applying a silicone adhesive to the inner surface of a tire to form an adhesive prepared surface before applying an additional component and then curing the adhesive (i.e., applying a flowable material) ([0006]-[0008], [0016]-[0018]). In this manner, the tire component being attached to the tire inner surface is secured via the adhesive ([0035]). Although Bormann discloses attaching a foam noise damper, rather than a spring support structure, one of ordinary skill in the art would have found the advantages of using an adhesive to secure a tire component to an inner surface of the tire applicable to the spring support structure that is also secured to the tire inner surface of Xiao. Thereby, one of ordinary skill in the art before the effective filing date of the claimed invention would have found it obvious to modify Xiao in order to provide an uncured adhesive (i.e., a support bed constructed of a flowable material) between the tire inner surface and the spring support structure for the advantages discussed above. Accordingly, one of ordinary skill would have recognized, or at least found obvious, that the uncured adhesive applied to the surface of the tire before application of the springs would necessarily require that the springs be at least partially embedded into the adhesive upon application by the nature of the uncured adhesive being flowable and the spring being pressed into it.
Additionally or alternatively, Hara discloses applying a liquid adhesive (i.e., a flowable material) to a tire inner surface and application of a tire component, such as a sound-absorbing material, before during, or after curing the liquid adhesive ([0006], [0014]). In this way, by making the curing adhesive applied to the inner surface of the tire into a liquid state, the wettability of the adhesive is increased, and the adhesive spreads and impregnates the entire inner surface of the tire, thereby increasing the contact area between the inner surface of the tire and the adhesive and increasing the adhesive strength ([0014]). Moreover, applying adhesive in liquid form to the inner surface prevents air from being trapped therebetween and thereby separation of the inner surface of the tire from the adhesive can be effectively suppressed ([0016]). Although Hara discloses attaching a sound-absorbing material, rather than a spring support structure, one of ordinary skill in the art would have found the advantages of using an adhesive to secure a tire component to an inner surface of the tire applicable to the spring support structure that is also secured to the tire inner surface of Xiao. Thereby, one of ordinary skill in the art before the effective filing date of the claimed invention would have found it obvious to modify Xiao in order to provide a liquid adhesive (i.e., a support bed constructed of a flowable material) between the tire inner surface and the spring support structure for the advantages discussed above. Accordingly, one of ordinary skill would have recognized, or at least found obvious, that the liquid adhesive applied to the surface of the tire before application of the springs would necessarily require that the springs be at least partially embedded into the adhesive upon application by the nature of the uncured adhesive being flowable and the spring being pressed into it.
Contact Information
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SEDEF PAQUETTE 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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/SEDEF E PAQUETTE/Primary Examiner, Art Unit 1749
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