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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 01/23/2026 has been entered.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1-4, 8, and 16-19 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention. On page 8 of Applicant’s Remarks, Applicant argues that “[a]lthough the specification … does not expressly disclose the steps of removing the curing envelope and disks” paragraphs [0037]-[0038] and Applicant’s Figures 1-2 illustrating different embodiments of a resulting non-pneumatic tire after the assembly and curing steps inherently discloses the steps of removing the curing envelope and protective disks. The examiner agrees that removal of the curing envelope is inherently disclosed in the specification as it is also a common step known in the art and required for the cured tire to be used. However, paragraphs [0038], [0040]-[0043], and [0046]-[0047] all disclose securing protective disks to the tire without ever mentioning removal or replacement. Protective disks do not inherently need to be removed from a tire, as disclosed by the prior art of record in the previous office action. Moreover, for inherency to be true, the removal of the disks must be a step that occurs each and every time, and the prior art of record clearly discloses all of the claim limitations, including securing disks to the tire, wherein the disks may or may not be removed (see detailed rejection below). Thereby, the disks are not inherently required to be removed each time they are used with a curing envelope. Furthermore, while Applicant’s Figures 1-2 may illustrate non-pneumatic tires after curing, the examiner notes that Figures 5-6 expressly disclose embodiments of protective disks secured to a non-pneumatic tire and a non-pneumatic tire and hub assembly wherein the disks 300 are secured to the tire, a tread 140 is provided, and the entire structure may be provided on a hub H ([0046]-[0047]). The specification also discloses “[a] pair of protective disks may be employed” ([0040]). In other words, Figures 1-2 do not inherently disclose the step of removing the disks, and instead merely represent embodiments wherein protective disks may be omitted. Figures 5-6 are embodiments that provide protective disks, and there is no express or implied disclosure to remove such protective disks after curing or at any other point. Claims 2-4 and 8 are dependent upon claim 1, and claims 17-19 are dependent upon claim 16.
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 text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim(s) 1, 3-4, 8, and 16-19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Manesh et al. (US 20110079335) (of record) and Lung et al. (US 20200376789) (of record).
Regarding claim 1, Manesh discloses a method of making a non-pneumatic tire, the method comprising: providing a tire structure including: a lower ring (Figs. 1-10, 14-17, 19-21: 20) having a first diameter, an upper ring (Figs. 1-10, 14-17, 19-21: 30) having a second diameter greater than the first diameter, the upper ring being substantially coaxial with the lower ring (Figs. 1-10, 14-17, 19-21), and a support structure (Figs. 1-10, 14-17, 19-21: 40) extending between the lower ring (Figs. 1-10, 14-17, 19-21: 20) and the upper ring (Figs. 1-10, 14-17, 19-21: 30) ([0065]-[0067]); providing a first disk and a second disk (Figs. 28, 29: 310) ([0120]-[0121]), each of the first and second disks having an upper diameter and a central opening defining a lower diameter (Fig. 28), and each of the first and second disks having a continuous solid surface extending from the upper diameter to the lower diameter (Fig. 28); securing the first disk to a first side of the tire structure ([0121]); securing the second disk to a second side of the tire structure ([0121]); and providing an elastomeric tread (Figs. 1-2: 70; see also Figs. 33, 33A, 34, 36, 36A, 37) circumferentially about a top of the upper ring (Figs. 1-2: 30).
Manesh further discloses that the first disk and second disk (Figs. 28, 29: 310) can be removable from the tire for servicing and/or replacement ([0123]). In other words, Manesh discloses removing the first disk from the tire structure and removing the second disk from the tire structure.
Manesh discloses that the tire is cured ([0108]-[0110], [0125]). However, Manesh does not expressly recite: securing a curing envelope about the elastomeric tread, including the steps of securing a first end of the curing envelope to the first side of the tire structure at a location below the support structure and securing a second end of the curing envelope to the second side of the tire structure at a location below the support structure; applying heat within the curing envelope; and removing the curing envelope.
Lung discloses a method of making a non-pneumatic tire, the method comprising: providing a tire structure including: a lower ring (Figs. 1, 2B, 3, 7, 8A, 9A, 9B, 10: 30) having a first diameter, an upper ring (Figs. 1, 2A, 3, 7, 8A, 9A, 9B, 10: 20) having a second diameter greater than the first diameter (Figs. 2A, 2B), the upper ring being substantially coaxial with the lower ring (Figs. 1, 2A, 3, 9A, 9B, 10), and a support structure (Figs. 1, 2C, 3, 7, 8A, 9A, 9B, 10: 40) extending between the lower ring (Figs. 1, 2C, 3, 7, 8A, 9A, 9B, 10: 30) and the upper ring (Figs. 1, 2C, 3, 7, 8A, 9A, 9B, 10: 20); providing an elastomeric tread circumferentially about a top of the upper ring ([0002], [0044]-[0045], [0048]); securing a curing envelope (Fig. 10: 200) about the elastomeric tread ([0007], [0044]-[0045], [0048], [0072]), including the steps of securing a first end of the curing envelope to the first side of the tire structure at a location below the support structure and securing a second end of the curing envelope to the second side of the tire structure at a location below the support structure (Fig. 10: see how ends of curing bladder 200 extend around the tire structure to underneath the tire, including the support structure) ([0072]); and applying heat within the curing envelope ([0045]). In this manner, within the curing bladder its contents are exposed to a curing operation, where with the application of heat, the plurality of spokes are fixedly connected to each of the inner hub and outer band when the adhesive is vulcanized ([0072]). One of ordinary skill in the art before the effective filing date of the claimed invention would have found it obvious to cure the non-pneumatic tire of Manesh using a generally known manner in the substantially similar art, such as the method taught by Lung, in order to fixedly connect the components of the tire during vulcanization.
Furthermore, it is consistent with the fundamentals of tire curing to remove a curing envelope at the conclusion of curing so as to provide the resulting cured tire product for use.
Regarding claim 3, Lung further discloses the curing bladder (Fig. 10: 200) may be multiple pieces or a single piece ([0072]), and illustrates the first end of the curing envelope (Fig. 10: 200) may be secured to a lower surface of the lower ring (Fig. 10: 30, see how bladder 200 engages inner hub 30 with either the inner portion of a 2-piece structure, or if a 1-piece structure with just the ends of the 1-piece structure), and a second end of the curing envelope (Fig. 10: 200) may be secured to the lower surface of the lower ring (Fig. 10: 30, see how bladder 200 engages inner hub 30 with either the inner portion of a 2-piece structure, or if a 1-piece structure with just the ends of the 1-piece structure).
Regarding claim 4, Manesh further discloses mounting the tire structure on a rim ([0115], [0125]).
Regarding claim 8, Manesh further discloses the upper diameter of the first disk (Figs. 28, 29: 310) is equal to the second diameter of the upper ring, and wherein the lower diameter of the first disk is equal to the first diameter of the lower ring ([0118]-[0119]: wherein the disk 310 can cover all the side of the interconnected web 40, and the interconnected web 40 is defined at its radially outermost by upper ring 30 and at its radially innermost by lower ring 20, and thereby a disk matching those rings must have the same diameter at its upper diameter as radially outermost upper ring 30 and at its lower diameter as radially innermost lower ring 20).
Regarding claim 16, Manesh discloses a method of making a non-pneumatic tire, the method comprising: providing a non-pneumatic tire structure (Figs. 1-10, 14-17, 19-21 20, 30, 40); providing a first disk and a second disk (Figs. 28, 29: 310), wherein each of the first and second disks has an upper diameter and a central opening defining a lower diameter (Figs. 28, 29), and wherein each of the first and second disks has a continuous solid surface extending from the upper diameter to the lower diameter (Figs. 28, 29); securing the first disk to a first side of the non-pneumatic tire structure ([0121]); securing the second disk to a second side of the non-pneumatic tire structure ([0121]); providing an elastomeric tread (Figs. 1-2: 70; see also Figs. 33, 33A, 34, 36, 36A, 37) circumferentially about a top of the non-pneumatic tire structure.
Manesh further discloses that the first disk and second disk (Figs. 28, 29: 310) can be removable from the tire for servicing and/or replacement ([0123]). In other words, Manesh discloses removing the first disk from the tire structure and removing the second disk from the tire structure.
Manesh discloses that the tire is cured ([0108]-[0110], [0125]). However, Manesh does not expressly recite: securing a curing envelope about the elastomeric tread, including the steps of securing a first end of the curing envelope to the first side of the non-pneumatic tire structure and securing a second end of the curing envelope to the second side of the non-pneumatic tire structure; applying heat within the curing envelope; and removing the curing envelope.
Lung discloses a method of making a non-pneumatic tire, the method comprising: providing a tire structure including: a lower ring (Figs. 1, 2B, 3, 7, 8A, 9A, 9B, 10: 30) having a first diameter, an upper ring (Figs. 1, 2A, 3, 7, 8A, 9A, 9B, 10: 20) having a second diameter greater than the first diameter (Figs. 2A, 2B), the upper ring being substantially coaxial with the lower ring (Figs. 1, 2A, 3, 9A, 9B, 10), and a support structure (Figs. 1, 2C, 3, 7, 8A, 9A, 9B, 10: 40) extending between the lower ring (Figs. 1, 2C, 3, 7, 8A, 9A, 9B, 10: 30) and the upper ring (Figs. 1, 2C, 3, 7, 8A, 9A, 9B, 10: 20); providing an elastomeric tread circumferentially about a top of the upper ring ([0002], [0044]-[0045], [0048]); securing a curing envelope (Fig. 10: 200) about the elastomeric tread ([0007], [0044]-[0045], [0048], [0072]), including the steps of securing a first end of the curing envelope to the first side of the non-pneumatic tire structure and securing a second end of the curing envelope to the second side of the non-pneumatic tire structure (Fig. 10: see how ends of curing bladder 200 extend around the tire structure to underneath the tire, including the support structure) ([0072]); and applying heat within the curing envelope ([0045]). In this manner, within the curing bladder its contents are exposed to a curing operation, where with the application of heat, the plurality of spokes are fixedly connected to each of the inner hub and outer band when the adhesive is vulcanized ([0072]). One of ordinary skill in the art before the effective filing date of the claimed invention would have found it obvious to cure the non-pneumatic tire of Manesh using a generally known manner in the substantially similar art, such as the method taught by Lung, in order to fixedly connect the components of the tire during vulcanization.
Furthermore, it is consistent with the fundamentals of tire curing to remove a curing envelope at the conclusion of curing so as to provide the resulting cured tire product for use.
Regarding claim 17, Lung further discloses applying pressure within the curing envelope ([0040], [0060]).
Regarding claim 18, Manesh further discloses mounting the non-pneumatic tire structure on a rim ([0115], [0125]).
Regarding claim 19, Manesh further discloses the non-pneumatic tire structure includes a lower ring (Figs. 1-10, 14-17, 19-21: 20) having a first diameter, an upper ring (Figs. 1-10, 14-17, 19-21: 30) having a second diameter greater than the first diameter, and a support structure (Figs. 1-10, 14-17, 19-21: 40) extending between the lower ring and the upper ring.
Claim(s) 2 is/are rejected under 35 U.S.C. 103 as being unpatentable over Manesh et al. (US 20110079335) (of record) and Lung et al. (US 20200376789) (of record) as applied to claim 1 above, and further in view of Hill (US 4808256) (of record).
Regarding claim 2, modified Manesh does not expressly recite the securing of the curing envelope about the elastomeric tread includes securing each end of the curing envelope with an arc band.
Hill discloses a curing ring device that seals the curing envelope around the tire in its bead area with an annular pressure ring that engages the envelope around the bead ring (Figs. 3-4: 20) (Abstract). In this manner, there is no margin for error and thus no requirement for time consuming adjustments while the arc band presses firmly against the envelope in the tire bead area to provide an effective seal, and automatically stays closed and locked (Col. 4 lines 19-22). After curing, the arc band is quickly and easily removed without special tools or extra labor (Col. 4 lines 22-25). One of ordinary skill in the art before the effective filing date of the claimed invention would have found it obvious to further modify Manesh in order to secure the curing envelope with an arc band as is generally known in the similar tire curing art, as taught by Hill for the advantages as discussed above.
Response to Arguments
Applicant's arguments filed 01/23/2026 have been fully considered but they are not persuasive.
On pages 8-10 of the Remarks, Applicant argues the support for the amended claim language. The examiner refers to the detailed rejection under 35 USC 112(a) above.
On pages 9-10 of the Remarks, Applicant argues that “the sidewalls (310) in Figures 28 and 29 of Manesh [are identified by the Office as] corresponding to the claimed first and second disks,” but “[t]he sidewalls (310) of Manesh … are part of the final tire. Nothing in Manesh discloses a step of removing the sidewalls from the tire structure.” Applicant further argues that “removing the sidewalls form the tire of Manesh would render the sidewalls unsatisfactory for their intended purpose” because “”[t]he sidewalls (310) of Manesh are not removed from the tire, but instead serve an important function in the final tire,” namely “’to ensure that debris, water, or other material does not enter the tire, including the interconnected web area, and interfere with the tire’s functionality and performance … [and] help prevent damage to the web from projectiles or other debris’” as disclosed in paragraphs [0117]-[0118]. Applicant argues Manesh thereby teaches away from the claimed steps of removing the first and second disks.
The examiner respectfully disagrees and refers to the detailed rejection above, wherein it is explained that Manesh discloses that the first disk and second disk (Figs. 28, 29: 310) can be removable from the tire for servicing and/or replacement ([0123]). In other words, Manesh discloses removing the first disk from the tire structure and removing the second disk from the tire structure. Moreover, the examiner notes that the claim language merely requires “removing the first disk from the tire structure; and removing the second disk from the tire structure.” The claims do not further require any order or timing for the steps, only that at some point in time the first and second disks are removed from the tire structure, and Manesh discloses that the disks are capable of being and may be removed at any time.
Contact Information
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SEDEF PAQUETTE (née AYALP) whose telephone number is (571) 272-5031. The examiner can normally be reached on Monday - Friday 8:00 AM EST - 4:00 PM EST.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, KATELYN SMITH (née WHATLEY) 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. The fax phone number for the examiner is (571) 273-5031.
Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/SEDEF E PAQUETTE/Primary Examiner, Art Unit 1749