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
Applicant’s election without traverse of Group I, claims 12-20, in the reply filed on 27 April 2026 is acknowledged.
Claims 21 and 22 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 27 April 2026.
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
The information disclosure statement filed fails to comply with 37 CFR 1.98(a)(2), which requires a legible copy of each cited foreign patent document; each non-patent literature publication or that portion which caused it to be listed; and all other information or that portion which caused it to be listed. In particular, EP1237713B1 was listed in the information disclosure statement but a legible copy of the document was not submitted. It has been placed in the application file, but the information referred to therein has not been considered.
The information disclosure statement filed 11 April 2024 fails to comply with 37 CFR 1.98(a)(1), which requires the following: (1) a list of all patents, publications, applications, or other information submitted for consideration by the Office; (2) U.S. patents and U.S. patent application publications listed in a section separately from citations of other documents; (3) the application number of the application in which the information disclosure statement is being submitted on each page of the list; (4) a column that provides a blank space next to each document to be considered, for the examiner’s initials; and (5) a heading that clearly indicates that the list is an information disclosure statement. In particular, a copy of EP0123733A1 was submitted but not listed in the information disclosure statement. The information disclosure statement has been placed in the application file, but the information referred to therein has not been considered.
Specification
The disclosure is objected to because of the following informalities:
[0030]: Via the vertical movement of the conical annular heating body
Appropriate correction is required.
Applicant is reminded of the proper content of an abstract of the disclosure.
A patent abstract is a concise statement of the technical disclosure of the patent and should include that which is new in the art to which the invention pertains. The abstract should not refer to purported merits or speculative applications of the invention and should not compare the invention with the prior art.
If the patent is of a basic nature, the entire technical disclosure may be new in the art, and the abstract should be directed to the entire disclosure. If the patent is in the nature of an improvement in an old apparatus, process, product, or composition, the abstract should include the technical disclosure of the improvement. The abstract should also mention by way of example any preferred modifications or alternatives.
Where applicable, the abstract should include the following: (1) if a machine or apparatus, its organization and operation; (2) if an article, its method of making; (3) if a chemical compound, its identity and use; (4) if a mixture, its ingredients; (5) if a process, the steps.
Extensive mechanical and design details of an apparatus should not be included in the abstract. The abstract should be in narrative form and generally limited to a single paragraph within the range of 50 to 150 words in length. The current abstract is greater than 150 words and includes reference characters that should be removed.
See MPEP § 608.01(b) for guidelines for the preparation of patent abstracts.
Applicant is reminded of the proper language and format for an abstract of the disclosure.
The abstract should be in narrative form and generally limited to a single paragraph on a separate sheet within the range of 50 to 150 words in length. The abstract should describe the disclosure sufficiently to assist readers in deciding whether there is a need for consulting the full patent text for details.
The language should be clear and concise and should not repeat information given in the title. It should avoid using phrases which can be implied, such as, “The disclosure concerns,” “The disclosure defined by this invention,” “The disclosure describes,”, or in this present application “The invention relates to”, etc. In addition, the form and legal phraseology often used in patent claims, such as “means” and “said,” should be avoided.
Claim Objections
Claims 12-20, 23, 25 and 26 are objected to because of the following informalities:
Claim 12, L8: which is movable in [[the]] a vertical direction
Claim 12, L11-12: wherein the fluid path extends through the annular heating body and runs outside [[¶]] the annular heating body, through a
Claim 12, L10: located in [[a]] the shaping and vulcanizing space
Claim 13, L1: The apparatus of claim 12, wherein the surrounding insulating
Claim 14, L2-4: is connected to [[one]] a media connection or a plurality of media connections (50a, 50b), wherein the [[one]] media connection or the plurality of media connections (50a, 50b) is or are arranged on [[that]] a side of the
Claim 19, L3-5: is connected to [[one]] a coupling connection or a plurality of coupling connections (64a, 64b), wherein the [[one]] coupling connection or the plurality of coupling connections (64a, 65b) is or are connected
Claim 23, L8: which is movable in [[the]] a vertical direction
Claim 23, L10: located in [[a]] the shaping and vulcanizing space
Claim 23, L11-12: wherein the fluid path extends through the annular heating body and runs outside [[;¶]] the annular heating body, through a
Claim 25, L8: which is movable in [[the]] a vertical direction
Claim 25, L10: located in [[a]] the shaping and vulcanizing space
Claim 25, L11-12: wherein the fluid path extends through the annular heating body and runs outside [[;¶]], the annular heating body, through a
Claim 26, L1: The apparatus of claim 25, wherein [[the]] a connection zone is
Claims 12 and 23-28 contain no component reference characters, while claims 13-20 do contain component reference characters. The examiner suggests removing all component reference characters from the claims.
Appropriate correction is required.
Claims 23 and 24 are objected to under 37 CFR 1.75 as being substantial duplicates of claims 15 and 16 (respectively). When two claims in an application are duplicates or else are so close in content that they both cover the same thing, despite a slight difference in wording, it is proper after allowing one claim to object to the other as being a substantial duplicate of the allowed claim. See MPEP § 608.01(m).
Claim Rejections - 35 USC § 112
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.
Claims 15-17 and 23-28 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.
Claim 15 recites the limitation of “a fluid path for a temperature control medium" (underline added for emphasis) in L3. It is unclear whether the “temperature control medium” of the fluid path mentioned in claim 15 means that the instance of “a temperature control medium” in claim 12 also flows through said fluid path or whether a separate instance of “a temperature control medium” exists.
As claim 16 is dependent on claim 15, it stands as rejected for similar reasons.
Claim 17 recites the limitation of “a fluid path for a temperature control medium" (underline added for emphasis) in L3. It is unclear whether the “temperature control medium” of the fluid path mentioned in claim 17 means that the instance of “a temperature control medium” in claim 12 also flows through said fluid path or whether a separate instance of “a temperature control medium” exists.
Claim 23 recites the limitation of “a fluid path for a temperature control medium" (underline added for emphasis) in L15. It is unclear whether the “temperature control medium” of the fluid path mentioned on L 15 means that the instance of “a temperature control medium” on L3 also flows through said fluid path or whether a separate instance of “a temperature control medium” exists.
As claim 24 is dependent on claim 23, it stands as rejected for similar reasons.
Claim 25 recites the limitation of “a fluid path for a temperature control medium" (underline added for emphasis) in L15 and L19. It is unclear whether these instances of “a temperature control medium” of the fluid path mean that the instance of “a temperature control medium” in claim 12 also flows through said fluid paths or whether a separate instance of “a temperature control medium” exists.
As claims 26-28 are directly/indirectly dependent on claim 25, they stand as rejected for similar reasons.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 12-16, 18-20, 23 and 24 are rejected under 35 U.S.C. 102(a)(1)/(a)(2) as being anticipated by Soeda et al. (EP0372920) (of record).
Regarding claim 12, Soeda discloses an apparatus for vulcanizing a tire, the apparatus comprising:
a tire receiving unit, which has a vulcanizing mold (“mould” (1)), wherein the vulcanizing mold provides a shaping and vulcanizing space for receiving a green tire to be vulcanized (Fig 1, Fig 5), with a fluid path for a temperature control medium (Fig 1 via “passages” (28, 29, 35, 36) and “pipes (33, 34)) extending through an annular heating body of the tire receiving unit (“jacket portion” (15));
an insulating body, running around the tire receiving unit, to reduce an exchange of heat between the tire receiving unit and surroundings of the apparatus (“heat shield” (13, 14));
a pressure body (“bolster” (4)), which is movable in the vertical direction and is arranged on an end face of the tire receiving unit (Fig 1), a vertical movement of the pressure body being able to initiate a horizontal movement of mold segments (“tread ring” (7)) up to the green tire, located in the shaping and vulcanizing space (C3 L21-29); and wherein the fluid path extends through the annular heating body and runs outside the annular heating body, through a vertically movable pressure body of the annular heating body (Fig 1).
Regarding claim 13, Soeda discloses all limitations of claim 12 as set forth above. Additionally, Soeda discloses that the surrounding insulating body is free from notches (Fig 1, in that once closed, the inner surface of “heat shield” (13, 14) would be unbroken).
Regarding claim 14, Soeda discloses all limitations of claim 12 as set forth above. Additionally, Soeda discloses that the fluid path extending through the annular heating body of the tire receiving unit is connected to a media connection or a plurality of media connections ("tubes" (32)), wherein the media connection or the plurality of media connections is or are arranged on a side of the vertically movable pressure body which faces away from the tire receiving unit (Fig 1).
Regarding claim 15, Soeda discloses all limitations of claim 12 as set forth above. Additionally, Soeda discloses that an upper flat heating body (“upper platen” (6)), which is arranged above the shaping and vulcanizing space of the tire receiving unit (Fig 1), and through which a fluid path for a temperature control medium extends (Fig 1), wherein the fluid path extending through the upper flat heating body runs outside the upper flat heating body through the vertically movable pressure body (Fig 1).
Regarding claim 16, Soeda discloses all limitations of claim 15 as set forth above. Additionally, Soeda discloses that the fluid path extending through the annular heating body of the tire receiving unit runs outside the annular heating body through the upper flat heating body (Fig 1).
Regarding claim 18, Soeda discloses all limitations of claim 12 as set forth above. Additionally, Soeda discloses that the annular heating body is in the form of a closing ring which is conical in some sections and which is designed, via a vertical movement, to horizontally move one or more mold support parts supporting the vulcanizing mold (Fig 1).
Regarding claim 19, Soeda discloses all limitations of claim 12 as set forth above. Additionally, Soeda discloses that the fluid path extending through the annular heating body of the tire receiving unit is connected to a coupling connection or a plurality of coupling connections (“sub member” (3b), Fig 5) of the tire receiving unit, wherein the coupling connection or the plurality of coupling connections of the tire receiving unit is or are connected in a connection zone of the vertically movable pressure body (Fig 5), in particular so as to be releasable without being destroyed, to coupling connections of the vertically movable pressure body (C6 L30-C7 L21).
Regarding claim 20, Soeda discloses all limitations of claim 19 as set forth above. Additionally, Soeda discloses that the connection zone is in the form of a universal interface for connecting coupling connections of different tire receiving units (C6 L7-21).
Regarding claim 23, Soeda discloses an apparatus for vulcanizing a tire, the apparatus comprising:
a tire receiving unit, which has a vulcanizing mold (“mould” (1)), wherein the vulcanizing mold provides a shaping and vulcanizing space for receiving a green tire to be vulcanized (Fig 1, Fig 5), with a fluid path for a temperature control medium (Fig 1 via “passages” (28, 29, 35, 36) and “pipes (33, 34)) extending through an annular heating body of the tire receiving unit (“jacket portion” (15));
an insulating body, running around the tire receiving unit, to reduce an exchange of heat between the tire receiving unit and surroundings of the apparatus (“heat shield” (13, 14));
a pressure body (“bolster” (4)), which is movable in the vertical direction and is arranged on an end face of the tire receiving unit (Fig 1), a vertical movement of the pressure body being able to initiate a horizontal movement of mold segments (“tread ring” (7)) up to the green tire, located in the shaping and vulcanizing space (C3 L21-29); and wherein the fluid path extends through the annular heating body and runs outside the annular heating body, through a vertically movable pressure body of the annular heating body (Fig 1);
an upper flat heating body (“upper platen” (6)), which is arranged above the shaping and vulcanizing space of the tire receiving unit (Fig 1), and through which a fluid path for a temperature control medium extends (Fig 1);
wherein the fluid path extending through the upper flat heating body runs outside the upper flat heating body through the vertically movable pressure body (Fig 1).
Regarding claim 24, Soeda discloses all limitations of claim 23 as set forth above. Additionally, Soeda discloses that the fluid path runs outside the annular heating body through the upper flat body (Fig 1).
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.
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.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 17 and 25-28 are rejected under 35 U.S.C. 103 as being unpatentable over Soeda et al. (EP0372920) (of record) in view of Hasegawa (JPS5970535) (machine translation) (of record).
Regarding claim 17, Soeda discloses all limitations of claim 12 as set forth above. While Soeda does not explicitly disclose that the apparatus comprises a lower flat heating body, which is arranged below the shaping and vulcanizing space of the tire receiving unit, and through which a fluid path for a temperature control medium extends, wherein the fluid path extending through the lower flat heating body runs outside the lower flat heating body through a fixed pressure body below the tire receiving unit, it would have been obvious to one of ordinary skill in the art prior to the earliest effective priority date of the instant application to do so, given that Hasegawa, which is within the tire vulcanization art, teaches that for a tire receiving unit (Fig 1) comprising of a vulcanizing mold (“upper mold” (6) and “lower die” (4)) and an upper flat heating body (“upper hot plate” (8)), the tire receiving mold can further comprise of a lower flat heating body (“lower heating plate” (3)) , which is arranged below the shaping and vulcanizing space of the tire receiving unit (Fig 1), and through which a fluid path for a temperature control medium extends (Fig 1 via “pipes” (3a, 3b)), wherein the fluid path extending through the lower flat heating body runs outside the lower flat heating body through a fixed pressure body below the tire receiving unit (Fig 1, unlabeled component below “lower heating plate” (3)). One would have been motivated to do so given that the inclusion of Hasegawa’s “lower heating plate” (3) into Soeda for the purpose of heating all sides of the vulcanization mold represents the combination of prior art elements to yield predictable results (See MPEP 2143(I)(A)).
Regarding claim 25, Soeda discloses an apparatus for vulcanizing a tire, the apparatus comprising:
a tire receiving unit, which has a vulcanizing mold (“mould” (1)), wherein the vulcanizing mold provides a shaping and vulcanizing space for receiving a green tire to be vulcanized (Fig 1, Fig 5), with a fluid path for a temperature control medium (Fig 1 via “passages” (28, 29, 35, 36) and “pipes (33, 34)) extending through an annular heating body of the tire receiving unit (“jacket portion” (15));
an insulating body, running around the tire receiving unit, to reduce an exchange of heat between the tire receiving unit and surroundings of the apparatus (“heat shield” (13, 14));
a pressure body (“bolster” (4)), which is movable in the vertical direction and is arranged on an end face of the tire receiving unit (Fig 1), a vertical movement of the pressure body being able to initiate a horizontal movement of mold segments (“tread ring” (7)) up to the green tire, located in the shaping and vulcanizing space (C3 L21-29); and wherein the fluid path extends through the annular heating body and runs outside the annular heating body, through a vertically movable pressure body of the annular heating body (Fig 1);
an upper flat heating body (“upper platen” (6)), which is arranged above the shaping and vulcanizing space of the tire receiving unit (Fig 1), and through which a fluid path for a temperature control medium extends (Fig 1);
wherein the fluid path extending through the upper flat heating body runs outside the upper flat heating body through the vertically movable pressure body (Fig 1).
While Soeda does not explicitly disclose that the apparatus comprises a lower flat heating body, which is arranged below the shaping and vulcanizing space of the tire receiving unit, and through which a fluid path for a temperature control medium extends, wherein the fluid path extending through the lower flat heating body runs outside the lower flat heating body through a fixed pressure body below the tire receiving unit, it would have been obvious to one of ordinary skill in the art prior to the earliest effective priority date of the instant application to do so, given that Hasegawa, which is within the tire vulcanization art, teaches that for a tire receiving unit (Fig 1) comprising of a vulcanizing mold (“upper mold” (6) and “lower die” (4)) and an upper flat heating body (“upper hot plate” (8)), the tire receiving mold can further comprise of a lower flat heating body (“lower heating plate” (3)) , which is arranged below the shaping and vulcanizing space of the tire receiving unit (Fig 1), and through which a fluid path for a temperature control medium extends (Fig 1 via “pipes” (3a, 3b)), wherein the fluid path extending through the lower flat heating body runs outside the lower flat heating body through a fixed pressure body below the tire receiving unit (Fig 1, unlabeled component below “lower heating plate” (3)). One would have been motivated to do so given that the inclusion of Hasegawa’s “lower heating plate” (3) into Soeda for the purpose of heating all sides of the vulcanization mold (top, bottom and sides) represents the combination of prior art elements to yield predictable results (See MPEP 2143(I)(A)).
Regarding claim 26, modified Soeda teaches all limitations of claim 25 as set forth above. Additionally, Soeda teaches that a connection zone is in the form of a universal interface for connecting coupling connections of different tire receiving units (“sub member” (3b)).
Regarding claim 27, modified Soeda teaches all limitations of claim 26 as set forth above. Additionally, Soeda teaches that the annular heating body is in the form of a closing ring (Fig 1, C3 L21-29).
Regarding claim 28, modified Soeda teaches all limitations of claim 27 as set forth above. Additionally, Soeda teaches that the annular heating body is conical in some sections (Fig 1) and designed, via a vertical movement, to horizontally move one or more mold support parts supporting the vulcanizing mold (C3 L21-29).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ALEXANDER D BOOTH whose telephone number is 571-272-6704. The examiner can normally be reached M-Th 7:00-4:30.
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/ALEXANDER D BOOTH/Examiner, Art Unit 1749
/SEDEF E PAQUETTE/Primary Examiner, Art Unit 1749
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