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 .
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.
Claims 11-12 and 14-17 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Miyasaka (JP 2017001437 with English Machine Translation).
Regarding claim 11, Miyasaka discloses a tire (title) comprising a plurality of knurling units (40) (see Figs. 1 and 9; [0044]), each of the plurality of knurling units (40) including: a first knurling part (25), a second knurling part (25), a third knurling part (25), and a fourth knurling part (25), the knurling parts (25) formed around a central apex (26) and connected at the central apex (26) (see Modified Figure 8A below; [0044]); a top surface (28) of each of the knurling parts (25) having a shape of an inclined triangle (see Fig. 8B; [0044]), with a first edge of the inclined triangle extending upward from a lowest top surface point to the central apex (26) (see Modified Figure 8B below); wherein a second edge of the inclined triangle of the first knurling part (25) extends upward from the first knurling part lowest top surface point to a first apex (27) (see Modified Figure 8B below); wherein a second edge of the inclined triangle of the second knurling part (25) extends upward from the second knurling part lowest top surface point to a second apex (27) (see Modified Figure 8B below); wherein a second edge of the inclined triangle of the third knurling part (25) extends upward from the third knurling part lowest top surface point to a second apex (27) (see Modified Figure 8A below); wherein a second edge of the inclined triangle of the fourth knurling part (25) extends upward from the fourth knurling part lowest top surface point to a fourth apex (27) (see Modified Figure 8A below); wherein the first edge of the first knurling part (25) continuously contacts the fourth knurling part (25), the first edge of the second knurling part (25) continuously contacts the first knurling part (25), the first edge of the third knurling part (25) continuously contacts the second knurling part (25), and the first edge of the fourth knurling part (25) continuously contacts the third knurling part (25) (see Modified Figure 8A below); and wherein an inclination with respect to the base surface (22) of the first edge of each knurling part (25) is steeper than an inclination of the second edge of each knurling part (25), respectively (see Modified Figure 8B below).
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Modified Figure 8A, Miyasaka
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Modified Figure 8B, Miyasaka
Regarding claim 12, Miyasaka discloses all of the limitations as set forth above for claim 11. Miyasaka further discloses that each of the first to fourth knurling parts (25) comprises two exposed triangular faces (see Modified Figure 8A above).
Regarding claim 14, Miyasaka discloses a tire (title) comprising a plurality of knurling units (40) (see Figs. 1 and 9; [0044]), each of the plurality of knurling units (40) including: a plurality of knurling units (25) formed around a central apex (26) and connected at the central apex (26) (see Modified Figure 8A above; [0044]); wherein each knurling part (25) has an inclined top surface (28) comprising a first edge and a second edge, the first edge extending from a lowest point of the top surface to the central apex (26), and the second edge extending from the lowest point of the top surface to a peripheral apex (27) (see Modified Figures 8A and 8B above).
Regarding claim 15, Miyasaka discloses all of the limitations as set forth above for claim 14. Miyasaka further discloses that the first edge of each knurling part (25) continuously contacts an adjacent knurling part (25) (see Modified Figures 8A and 8B above).
Regarding claim 16, Miyasaka discloses all of the limitations as set forth above for claim 15. Miyasaka further discloses that the plurality of knurling parts (25) comprises first to fourth knurling parts (25) (see Modified Figure 8A above); wherein the first edge of the first knurling part (25) continuously contacts the fourth knurling part (25) (see Modified Figure 8B above), the first edge of the second knurling part (25) continuously contacts the first knurling part (see Modified Figure 8B above), the first edge of the third knurling part (25) continuously contacts the second knurling part (25) (see Modified Figure 8A above), and the first edge of the fourth knurling part (25) continuously contacts the third knurling part (see Modified Figure 8A above); and wherein an inclination with respect to the base surface (22) of the first edge of each knurling part (25) is steeper than an inclination of the second edge of each knurling part (25), respectively (see Modified Figure 8B above).
Regarding claim 17, Miyasaka discloses all of the limitations as set forth above for claim 14. Miyasaka further discloses that each of the knurling parts (25) comprises two exposed triangular faces (see Modified Figure 8A above).
Claim Rejections - 35 USC § 103
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 1-10, 13, and 18-20 are rejected under 35 U.S.C. 103 as being unpatentable over Miyasaka (JP 2017001437 with English Machine Translation) (hereinafter Miyasaka '437) in view of Miyasaka et al. (US 2018/0141390) (Miyasaka '390).
Regarding claim 1, Miyasaka ‘437 discloses a tire (title) comprising a plurality of knurling units (40) (see Figs. 1 and 9; [0044]), each of the plurality of knurling units (40) including: a first knurling part (25), a second knurling part (25), a third knurling part (25), and a fourth knurling part (25), the knurling parts (25) formed around a central apex (26) and connected at the central apex (26) (see Modified Figure 8A above; [0044]); wherein each of the knurling parts (25) has an inclined top surface (28) (see Figs. 3B and 8B; [0036]; [0044]), wherein the first knurling part (25) is formed continuously with the second knurling part (25) at one side of the first knurling part (25) and is stepped with the second knurling part (25) (see Modified Figure 8B above), wherein the second knurling part (25) is formed continuously with the third knurling part (25) at one side of the second knurling part (25) and is stepped with the second knurling part (25) (see Modified Figure 8A above), wherein the third knurling part (25) is formed continuously with the fourth knurling part (25) at one side of the third knurling part (25) and is stepped with the fourth knurling part (25) (see Modified Figure 8A above), wherein the fourth knurling part (25) is formed continuously with the first knurling part (25) at one side of the fourth knurling part (25) and is stepped with the first knurling part (25) (see Modified Figure 8B above). Miyasaka ‘437 fails to disclose, however, that the plurality of knurling units (40) are formed continuously with each adjacent knurling unit (40).
However, this configuration is known in the art. For instance, Miyasaka ‘390 teaches a similar tire (title) comprising a plurality of knurling units (24, 26) adjacent in the radial direction, each of the plurality of knurling units (24, 26) including a plurality of knurling parts (25, 27) formed around a central apex (O1, O2) and connected at the central apex (O1, O2) (see Figs. 2 and 3; [0080]-[0081]; [0087]-[0088]). Miyasaka ‘390 further teaches that the knurling units (24, 26) can be configured with connecting portions (34A, 34B) such that the plurality of knurling units (24, 26) are formed continuously with each adjacent knurling unit (24, 26) in the radial direction (see Figs. 12 and 13; [0109]). Miyasaka ‘390 further teaches that configuring the knurling units (24, 26) in this way enhances the durability of the knurling units (24, 26) ([0015]; [0112]).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the knurling units disclosed by Miyasaka ‘437 to be continuously connected to each other through connecting portions, as taught by Miyasaka ‘390, because they would have had a reasonable expectation that doing so would enhance the durability of the knurling units.
Regarding claim 2, modified Miyasaka ‘437 discloses all of the limitations as set forth above for claim 1. Modified Miyasaka ‘437 further discloses that the plurality of knurling units (Miyasaka ‘437: 40) are provided on any one or more of a side of the tire (Miyasaka ‘437: see Figs. 1 and 12; [0007]).
Regarding claim 3, modified Miyasaka ‘437 discloses all of the limitations as set forth above for claim 1. Modified Miyasaka ‘437 further discloses that the first knurling part (Miyasaka ‘437: 25), the second knurling part (Miyasaka ‘437: 25), the third knurling part (Miyasaka ‘437: 25), and the fourth knurling part (Miyasaka ‘437: 25) are formed in a same shape (see Modified Figure 8A above).
Regarding claim 4, modified Miyasaka ‘437 discloses all of the limitations as set forth above for claim 1. Modified Miyasaka ‘437 further discloses that each of the first to fourth knurling parts (Miyasaka ‘437: 25) comprises two exposed triangular faces (see Modified Figure 8A above).
Regarding claim 5, modified Miyasaka ‘437 discloses all of the limitations as set forth above for claim 4. Modified Miyasaka ‘437 further discloses that the two exposed triangular faces share a third edge (Miyasaka ‘437: 28P) (see Modified Figure 8B below; [0030]; [0044]; see also Fig. 9). Modified Miyasaka ‘437 fails to disclose, however, that one of the two exposed triangular faces is steeper than the other of the two exposed triangular faces.
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Modified Figure 8B, Miyasaka ‘437
Miyasaka ‘390 further teaches that each of the knurling parts (Miyasaka ‘390: 25, 27) comprises two exposed faces (Miyasaka ‘390: 23WA-1, 23WA-2) that share an edge (Miyasaka ‘390: 23A), and one of the two exposed faces (Miyasaka ‘390: 23WA-2) is steeper than the other of the two exposed faces (Miyasaka ‘390: 23WA-1) (Miyasaka ‘390: see Fig. 7C; [0100]). Miyasaka ‘390 further teaches that configuring the knurling parts (Miyasaka ‘390: 25, 27) in this way enhances the visibility of the tire (Miyasaka ‘390: [0100]).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the two exposed triangular faces in each knurling part disclosed by modified Miyasaka ‘437 such that one is steeper than the other, as taught by Miyasaka ‘390, because they would have had a reasonable expectation that doing so would enhance the visibility of the tire.
Regarding claim 6, modified Miyasaka ‘437 discloses all of the limitations as set forth above for claim 1. Modified Miyasaka ‘437 fails to explicitly disclose, however, a length of an edge of a bottom of each of the knurling units (Miyasaka ‘437: 40).
Miyasaka ‘390 further teaches that a spacing (Miyasaka ‘390: P) between the central apexes (Miyasaka ‘390: O1, O2) of adjacent knurling units (Miyasaka ‘390: 24, 26) is from 0.2 mm to 1.0 mm (Miyasaka ‘390: [0089]; see Fig. 3). Miyasaka ‘390 further teaches that a length (Miyasaka ‘390: L) of an edge of a bottom of each of the knurling units (Miyasaka ‘390: 24, 26) is longer than the spacing (Miyasaka ‘390: P) and thus, greater than 1.0 mm (Miyasaka ‘390: [0089]; see Fig. 3), overlapping the claimed range of 0.1 mm to 5.0 mm. In the case where the claimed range overlaps the range disclosed by the prior art, a prima facie case of obviousness exists. See MPEP §2144.05. Miyasaka ‘390 further teaches that configuring the lengths and spacings of the knurling units (Miyasaka ‘390: 24, 26) in this way helps to further suppress light reflection on the tire, enhancing visibility (Miyasaka ‘390: [0093]).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have configured a length of the knurling units disclosed by modified Miyasaka ‘437 to be within the claimed range, as suggested by Miyasaka ‘390, because they would have had a reasonable expectation that doing so would suppress light reflection on the tire and enhance visibility.
Regarding claim 7, modified Miyasaka ‘437 discloses all of the limitations as set forth above for claim 1. Modified Miyasaka ‘437 further discloses that a height (Miyasaka ‘437: H1) of each of the knurling units (Miyasaka ‘437: 40) is from 0.1 mm to 1.0 mm (Miyasaka ‘437: [0028]; see also Fig. 3B), suggesting the claimed range of 0.1 mm to 1.0 mm.
Regarding claim 8, modified Miyasaka ‘437 discloses all of the limitations as set forth above for claim 1. Modified Miyasaka ‘437 fails to explicitly disclose an inclination of the inclined top surface (Miyasaka ‘437: 28) of each of the knurling parts (Miyasaka ‘437: 25).
Miyasaka ‘390 further teaches that each of the knurling parts (Miyasaka ‘390: 24, 26) has an inclined top surface (Miyasaka ‘390: 23WA-23WC, 28WA-28WC) having an inclination angle (Miyasaka ‘390: θ) in a range of 5o to 30o with respect to a plane perpendicular to a base surface (Miyasaka ‘390: 22) (Miyasaka ‘390: [0085]; [0087]; see also Figs. 4A and 4B), making an inclination of the inclined top surface (Miyasaka ‘390: 23WB, 28WB) with respect to the base surface (Miyasaka ‘390: 22) be in a range of 60o (90-30) to 85o (90-5), suggesting the claimed range of 60o to 90o. Miyasaka ‘390 further teaches that configuring the inclined top surface (Miyasaka ‘390: 23WA-23WC, 28WA-28WC) in this way enhances the visibility of the tire while maintaining the durability of the knurling parts (Miyasaka ‘390: 24, 26) (Miyasaka ‘390: [0085]).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have configured the inclined top surface of the knurling parts disclosed by modified Miyasaka ‘437 to have an inclination angle within the claimed range, as suggested by Miyasaka ‘390, because they would have had a reasonable expectation that doing so would enhance the visibility of the tire while maintaining the durability of the knurling parts.
Regarding claim 9, modified Miyasaka ‘437 discloses all of the limitations as set forth above for claim 1. Modified Miyasaka ‘437 further discloses that the plurality of knurling units (Miyasaka ‘437: 40) form a character (Miyasaka ‘437: 16) (Miyasaka ‘437: see Fig. 1; [0026]).
Regarding claim 10, modified Miyasaka ‘437 discloses all of the limitations as set forth above for claim 9. Modified Miyasaka ‘437 further discloses that the character (Miyasaka ‘437: 16) is located on a sidewall (Miyasaka ‘437: 12) of the tire (Miyasaka ‘437: see Fig. 1; [0024]-[0026]).
Regarding claims 13 and 18, Miyasaka ‘437 discloses all of the limitations as set forth above for claims 12 and 17, respectively. Miyasaka ‘437 in view of Miyasaka ‘390 further satisfies all of the limitations in claims 13 and 18 as set forth above for claim 5, which has the same subject matter as claims 13 and 18.
Regarding claim 19, Miyasaka ‘437 discloses all of the limitations as set forth above for claim 14. Miyasaka ‘437 further discloses that the plurality of knurling units (40) form a character (16) (see Fig. 1; [0026]). Miyasaka ‘437 fails to explicitly disclose, however, that the plurality of knurling units (40) are formed continuously with each adjacent knurling unit (40).
However, this configuration is known in the art. For instance, Miyasaka ‘390 teaches a similar tire (title) comprising a plurality of knurling units (24, 26) adjacent in the radial direction, each of the plurality of knurling units (24, 26) including a plurality of knurling parts (25, 27) formed around a central apex (O1, O2) and connected at the central apex (O1, O2) (see Figs. 2 and 3; [0080]-[0081]; [0087]-[0088]). Miyasaka ‘390 further teaches that the knurling units (24, 26) can be configured with connecting portions (34A, 34B) such that the plurality of knurling units (24, 26) are formed continuously with each adjacent knurling unit (24, 26) in the radial direction (see Figs. 12 and 13; [0109]). Miyasaka ‘390 further teaches that configuring the knurling units (24, 26) in this way enhances the durability of the knurling units (24, 26) ([0015]; [0112]).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the knurling units disclosed by Miyasaka ‘437 to be continuously connected to each other through connecting portions, as taught by Miyasaka ‘390, because they would have had a reasonable expectation that doing so would enhance the durability of the knurling units.
Regarding claim 20, modified Miyasaka ‘437 discloses all of the limitations as set forth above for claim 19. Modified Miyasaka ‘437 further discloses that the character (Miyasaka ‘437: 16) is located on a sidewall (Miyasaka ‘437: 12) of the tire (Miyasaka ‘437: see Fig. 1; [0024]-[0026]).
Conclusion
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/B.C.D./Examiner, Art Unit 1749
/JUSTIN R FISCHER/Primary Examiner, Art Unit 1749