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Claims 1-5 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected apparatus (Group I), there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 08/05/2025.
Claim Objections
Claim 6 is objected to because of the following informalities: the phrase “is place” in line 8 should be written as –is placed— for grammatical clarity. Appropriate correction is required.
Claim 14 is objected to because of the following informalities: the phrase “is place” in line 8 should be written as –is placed— for grammatical clarity. 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) 6 and 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Naruse et al. (US 20240278516), Moraru et al. (US 20200076048) (of record), and Koch et al. (EP 1006167).
Regarding claims 6 and 14, Naruse discloses a tire manufactured by a process and a method for manufacturing a tire, comprising: providing an uncured rubber substrate of a predefined size (Fig. 5B: 23) ([0004]-[0005], [0061]); providing a wire antenna (Fig. 5B: 22) and a radio-frequency identification (RFID) tag (Fig. 5B: 21) ([0038]); attaching the wire antenna (Fig. 5B: 22) to the uncured rubber substrate (Fig. 5B: 23); attaching the RFID tag (Fig. 5B: 21) to the uncured rubber substrate (Fig. 5B: 23); folding the uncured rubber substrate (Fig. 5B: 23) along a longitudinal center axis to enclose the wire antenna (Fig. 5B: 22) and the RFID tag (Fig. 5B: 21) within a folded uncured rubber substrate ([0043]); attaching the folded uncured rubber substrate (Fig. 6A: 20, 23) to an innerliner of a green tire (Fig. 6A: 9) ([0036]-[0037], [0048]); and curing the green tire to create the tire ([0004]-[0005], [0041], [0044]-[0045], [0068]).
Naruse further discloses that the overall shape of the transponder is not limited to a particular shape ([0039]). Moraru discloses a RFID tag for use in aggressive environments (Abstract), comprising the steps of: providing a substrate of a predefined size (Fig. 1: 4); coating a wire antenna (Fig. 1: 2) and a radio-frequency identification (RFID) tag (Fig. 1: 3) in an adhesive ([0045]); attaching the wire antenna to the substrate ([0033]), the wire antenna being arranged with a plurality of loops (Fig. 1: 5); attaching the RFID tag (Fig. 1: 3) to the substrate ([0045]), wherein the RFID tag is placed within one of the plurality of loops (Fig. 1: 5) of the wire antenna to inductively couple the RFID tag to the wire antenna (Abstract, [0011], [0041]); and folding the substrate along a longitudinal center axis to enclose the wire antenna and the RFID tag within a folded substrate (Fig. 3) ([0045]). Moraru discloses that such a RFID tag has flexibility that allows for the realization of complex geometries for the wire antenna, and makes it possible to form very small radius curves without creating mechanical stresses in the tag structure ([0036]). Moreover, in this manner the antenna is very discreet ([0021], [0036]). Additionally, the RFID tag has electromagnetic performance (high reading distance), has small size, is flexible and resistant to bending, resistant to chemical stress, and resistant to a number of exposures greater than the product it identifies ([0021], [0034]). Although Moraru discloses the substrate is a textile substrate, rather than a rubber substrate, Moraru discloses that the RFID tag is intended for use in aggressive environments, which one of ordinary skill in the art would recognize applies to tires as well (e.g., RFID tags in tires must withstand heat, pressure, moisture, deformation, etc.). While Moraru is not in the same field of endeavor as the claimed RFID technology, it is reasonably pertinent to the problem addressed by the claimed invention, namely embedding RFID tags in a substrate that can withstand harsh mechanical, thermal, and environmental stresses. One of ordinary skill in the art would have been motivated to apply the method and structure of the cited reference to the claimed tire RFID tag because both involve the technical problem of maintain RFID functionality in substrates subject to harsh mechanical and environmental conditions. Such adaptation would have been obvious in view of the similar durability requirements, even though the specific substrates and final product placements differ. Accordingly, although Moraru teaches an RFID tag in a textile substrate for aggressive environments that are not specifically tires, one of ordinary skill would recognize, or alternatively find obvious, that the same advantages of Moraru as discussed above would also be applicable to and advantageous for a RFID tag in a rubber substrate in the aggressive environment of a tire. One of ordinary skill in the art before the effective filing date of the claimed invention would have found it obvious to modify Naruse in order to provide a RFID tag that can withstand aggressive environments along with the other advantages of the Moraru tag as discussed above.
While Naruse does not expressly recite how the tire is vulcanized, it is generally known in the tire art to inflate a curing bladder within an innerliner of a green tire to vulcanize the tire. For instance, Koch discloses manufacturing a green tire (Fig. 7: 50) that is then cured by a known curing process, such as using an inflatable bladder (Fig. 7: 56) positioned inside the green tire and inflated to create an outwardly directed force on the green tire to maintain its correct shape, wherein the bladder thus presses an electronic device (Fig. 7: 20) against the innerliner (Fig. 7: 12) ([0031]). One of ordinary skill in the art before the effective filing date of the claimed invention would have found it obvious to modify Naruse in order to cure the tire in a generally known manner, such as the method of using a curing bladder within the innerliner of the green tire as taught by Koch.
Naruse discloses providing a substrate of predefined size, as discussed above. However, Naruse does not expressly recite cutting the uncured rubber substrate to the predefined size. The examiner notes that while the claimed method does not expressly recite how the predefined size is achieved, one of ordinary skill in the art would further recognize, or alternatively find obvious, that it may be done in a limited number of ways: (1) cutting the uncured rubber substrate to the predefined size; (2) molding the uncured rubber substrate to the predefined size; or (3) additive manufacturing the uncured rubber substrate to the predefined size. In other words, there are a finite number of identified, predictable solutions that a skilled artisan may choose from with a reasonable expectation of success. Absent unexpected results, case law holds that when there is a finite number of identified and predictable solutions, a person of ordinary skill has good reason to pursue known options with his or her technical grasp. See MPEP 2144.04(II)(B). Moreover, one of ordinary skill in the art before the effective filing date of the claimed invention would recognize, or alternatively find obvious, that of the aforementioned methods, cutting would be most common, fastest, and have the lowest cost (e.g., no molding/curing or 3D printing time, no additional tools or systems other than a knife/blade, easily replicated quickly rather than one by one molding/printing, etc.).
Claim(s) 7-8 and 15-16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Naruse et al. (US 20240278516), Moraru et al. (US 20200076048) (of record), and Koch et al. (EP 1006167) as applied to claims 6 and 14 above, and further in view of Zheng (CN 204297159, see machine translation).
Regarding claims 7-8 and 15-16, modified Naruse does not expressly recite attaching the wire antenna to the uncured rubber substrate comprises pressing the wire antenna into the uncured rubber substrate, or attaching the wire antenna to the uncured rubber substrate comprises stitching the wire antenna into the uncured rubber substrate.
Zheng discloses forming an RFID electronic label comprising an uncured rubber substrate (Figs. 1-2: 1) and an antenna (Figs. 1-2: 3), wherein the antenna is pressed/stitched into the rubber substrate using rollers (Fig. 1: 4, 10). In this manner, it is possible to save on labor and meet the needs for automatic production, reduce the damage to the RFID electronic label, and effectively improve the production efficiency and product quality (Abstract, [0014]). Moreover, the rollers ensure the antenna is bonded to the substrate ([0032]-[0033]). Although Zheng discloses a specific overall method for forming a continuous strip of RFID tags, rather than an individual tag, Zheng also discloses that pressing/stitching down on the antenna with a roller ensures it is bonded in an efficient manner that will reduce damage to the RFID tag, which is also applicable to and advantageous for the method of modified Naruse. One of ordinary skill in the art before the effective filing date of the claimed invention would have found it obvious to further modify Naruse in order to provide pressing/stitching the wire antenna into the uncured rubber substrate so as to ensure it is bonded to the substrate, as well as the advantages discussed above as taught by Zheng.
Claim(s) 9 and 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Naruse et al. (US 20240278516), Moraru et al. (US 20200076048) (of record), and Koch et al. (EP 1006167) as applied to claims 6 and 14 above, and further in view of any one of Lim (KR 20070027249, see machine translation) and/or Liu (TW M541059, see machine translation).
Regarding claims 9 and 17, modified Naruse does not expressly recite perforating the uncured rubber substrate prior to attaching the wire antenna and prior to attaching the RFID tag.
Lim discloses an RFID tag comprising an RFID chip (Fig. 3: 120), at least one antenna (Fig. 3: 110) electrically connected to the RFID chip, and a base film (i.e., substrate) (Fig. 3: 130) for mounting the RFID chip and antenna, wherein the base film has at least one penetrating hole (i.e., perforation) (Fig. 3: 135) (Abstract; Page 3 lines 22-25; Page 4 lines 1-25). In this manner, an RFID tag is provided having a structure capable of reinforcing bonding force in a position where it is difficult to maintain bonding force using an adhesive and having high coupling with a tire, and thus it is possible to prevent the RFID tag from being delaminated from an external material by external force (Page 3 lines 1-4; Page 5 lines 24-28). Moreover, the holes have the effect of preventing deformation of the antenna by serving as a support for the pattern of the neighboring antenna by the external material to be filled into the hole (Page 4 lines 17-25). Additionally, the holes serve to disperse the impact from the outside, thereby the impact can be prevented from being transmitted to the RFID chip (Page 4 lines 32-33). Accordingly, one of ordinary skill in the art before the effective filing date of the claimed invention would have found it obvious to further modify Naruse in order to perforate the uncured rubber substrate prior to attaching the wire antenna and prior to attaching the RFID tag for the advantages as taught by Lim above.
Additionally or alternatively, Liu discloses an RFID tag structure that enhances the attachment/adhesion of an RFID tag when attached to other materials, such as tires (Page 1 lines 4-5, 13-14; Page 5 lines 1-13), wherein the RFID tag structure comprises a substrate (Figs. 1-2: 10) comprising an RFID chip (Figs. 1-2: 101), a plurality of antennas Figs. 1-2: 105, 1050, 103, 1030), and a plurality of holes (i.e., perforations) (Figs. 1-2: 107) (Page 2 lines 13-20; Page 3 lines 1-11). Accordingly, one of ordinary skill in the art before the effective filing date of the claimed invention would have found it obvious to further modify Naruse in order to perforate the uncured rubber substrate prior to attaching the wire antenna and prior to attaching the RFID tag for the advantages as taught by Liu above.
Claim(s) 10 and 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Naruse et al. (US 20240278516), Moraru et al. (US 20200076048) (of record), Koch et al. (EP 1006167), and any one of Lim (KR 20070027249, see machine translation) and/or Liu (TW M541059, see machine translation) as applied to claims 6, 9, 14, and 17 above, and further in view of any one of Takahashi (JP 2016210095, see machine translation) and/or Yoshida et al. (JP S60196331, see machine translation).
Regarding claims 10 and 18, modified Naruse does not expressly recite perforating the uncured rubber substrate is performed with a laser. Instead, both Lim and Liu are silent as to the manner in which the perforations are formed in the substrate.
Takahashi discloses forming penetration holes (i.e., perforations) in a rubber sheet (i.e., uncured rubber substrate) with a laser (Abstract). In this manner, it is possible to reduce management and maintence cost, and reduce noise to contribute to the environmental improvement of the factory (Page 3 lines 16-27). Moreover, the occurrence of defects is prevented (Page 4 lines 22-25). Although Takahashi does not expressly recite a rubber substrate for the same purpose as Lim and/or Liu, Takahashi does disclose an uncured rubber substrate provided with perforations, and an advantageous manner in which those perforations are provided, which would also be applicable to the perforated rubber substrate of modified Naruse. One of ordinary skill in the art before the effective filing date of the claimed invention would have found it obvious to further modify Naruse in order to provide the perforations in the substrate in a known manner in the art, such as the laser method taught by Takahashi for the advantages as discussed above.
Additionally or alternatively, Yoshida discloses forming penetration holes (i.e., perforations) in a rubber sheet (i.e., uncured rubber substrate) with a laser (Page 3 lines 6-11). Conventionally, drilling holes into unvulcanized rubber sheets that make up a tire has been done with needles, but this perforation method stretches the rubber because it has viscoelasticity, thereby leaving the thickness of the area around the hole thinner but remaining raised (Page 1 lines 5-7; Page 2 lines 1-11). By using a laser, the aforementioned conventional disadvantages may be prevented (Page 3 lines 1-11). Moreover, it is possible to automatically drill holes of predetermined diameter at predetermined intervals at predetermined positions in the unvulcanized rubber sheet so that a plurality of holes can be drilled at one time (Page 4 lines 12-16). Moreover, it is possible to easily drill clear holes of a required size in an unvulcanized rubber sheet without any local stretching or swelling around the holes (Page 5 lines 4-6). Although Yoshida does not expressly recite a rubber substrate for the same purpose as Lim and/or Liu, Yoshida does disclose an uncured rubber substrate provided with perforations, and an advantageous manner in which those perforations are provided, which would also be applicable to the perforated rubber substrate of modified Naruse. One of ordinary skill in the art before the effective filing date of the claimed invention would have found it obvious to further modify Naruse in order to provide the perforations in the substrate in a known manner in the art, such as the laser method taught by Yoshida for the advantages as discussed above.
Claim(s) 11 and 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Naruse et al. (US 20240278516), Moraru et al. (US 20200076048) (of record), and Koch et al. (EP 1006167) as applied to claims 6, 9, 14, and 17 above, and further in view of Mine (JP 2007203566, machine translation).
Regarding claims 11 and 19, modified Naruse does not expressly recite perforating the uncured rubber substrate is performed with a roller with a plurality of protrusions. Instead, both Lim and Liu are silent as to the manner in which the perforations are formed in the substrate.
Mine discloses forming penetration holes in an uncured rubber substrate with a roller (Figs. 1, 3-4: 42; Fig. 5: 50; Fig. 6: 61) with a plurality of protrusions (Figs. 1, 3-4: 45; Fig. 5: 54; Fig. 6: 60), wherein the roller forms a large number of holes in the rubber strip that penetrate from its front to back surfaces, which improves work efficiency ([0022]-[0023], [0028], [0033]). Moreover, a roller with protrusions for forming perforations can perform two roles: forming holes in the rubber substrate, and pressing down on the rubber to compress and push out air ([0031]). Although Mine does not expressly recite a rubber substrate for the same purpose as Lim and/or Liu, Mine does disclose an uncured rubber substrate provided with perforations, and an advantageous manner in which those perforations are provided, which would also be applicable to the perforated rubber substrate of modified Naruse. One of ordinary skill in the art before the effective filing date of the claimed invention would have found it obvious to further modify Naruse in order to provide the perforations in the substrate in a known manner in the art, such as the roller with protrusion method taught by Mine for the advantages as discussed above.
Claim(s) 12 and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Naruse et al. (US 20240278516), Moraru et al. (US 20200076048) (of record), and Koch et al. (EP 1006167) as applied to claims 6 and 14 above, and further in view of Destraves et al. (US 20200067171) (of record).
Regarding claims 12 and 20, modified Naruse does not expressly recite compressing the folded uncured rubber substrate prior to attaching the folded uncured rubber substrate to the innerliner of the green tire.
Destraves discloses forming an RFID transponder sandwiched between two layers of rubber, and then pressing it with a compressive force to form a compact geometry ([0088]-[0089]). Although Destraves discloses the RFID tag is sandwiched between two rubber layers, rather than sandwiched between a rubber layer folded on itself, one of ordinary skill would readily recognize that the same advantages of a compact geometry would also be applicable to and advantageous for the folded sandwich structure of modified Naruse. Accordingly, one of ordinary skill in the art before the effective filing date of the claimed invention would have found it obvious to further modify Naruse in order to compress the folded uncured rubber substrate prior to attaching the folded uncured rubber substrate to the innerliner of the green tire so as to provide a compact geometry, as taught by Destraves.
Claim(s) 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Naruse et al. (US 20240278516), Moraru et al. (US 20200076048) (of record), and Koch et al. (EP 1006167) as applied to claim 6 above, and further in view of Incavo et al. (US 20100212791).
Regarding claim 13, modified Naruse does not expressly recite coating the wire antenna and the RFID tag in an adhesive or adhesion promoter further comprises dipping the wire antenna and the RFID tag in an adhesive or adhesion promoter.
Incavo discloses providing a RFID tag (Fig. 2: 24) sandwiched in between rubber layers of a substrate (Fig. 2: 20, 22), wherein the tag and antenna (Fig. 2: 36) are provided with an adhesive (Fig. 2: 26) that may be coated on the electronic device by brushing, dipping, or spraying ([0033]). The adhesive coating secures the body of the layers and the electronic device ([0008], [0024], [0031]). Accordingly, one of ordinary skill in the art before the effective filing date of the claimed invention would have found it obvious to provide the RFID tag and antenna coated in adhesive of modified Naruse with the adhesive coating in a generally known manner in the art, such as by dipping, as taught by Incavo.
Contact Information
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/SEDEF E PAQUETTE/Primary Examiner, Art Unit 1749