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 .
1) 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.
2) 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.
3) Claims 1, 3 and 5-7 are rejected under 35 U.S.C. 103 as being unpatentable over German 525 (DE 102019214525) in view of at least one of Korea 147 (KR 2018-0003147), Yurjevich et al (US 2003/0047264) and Korea 672 (KR 2010-0077672).
German 525 discloses a label 2 for a sidewall 1 of a pneumatic vehicle tire [FIGURES 1-2, machine translation]. FIGURE 2 of German 525 is reproduced below:
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German 525 discloses that the label 2 comprises:
7 - removable protective layer
6 - print layer
5 - raw or precrosslinked rubber
4 - reinforcement (e.g. fabric)
3 - raw or precrosslinked rubber.
See FIGURE 2 and machine translation. German 525 teaches that rubber layer 3 is vulcanized to adhere the label to the tire [machine translation]. German 525 teaches that in the event of any contact (e.g. contact with curb), reinforcement in label will absorb shear forces to reliably protect sidewall from damage [machine translation]. German 525 does not recite that the label comprises identifier and color pattern.
Korea 147 discloses a label 100 for a sidewall of a vehicle tire 200 [FIGURE 1-2, machine translation]. FIGURE 2 of Korea 147 is reproduced below:
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Korea 147 discloses that the label 100 comprises:
130 - protective transparent plastic film,
110 - film having on a surface thereof
printed temperature 110b and “colors”
(rectangular regions of crystal type cyan dye),
121 - adhesive layer,
122 - release paper.
Korea 147 discloses a tire comprises rubber and is affected by temperature [machine translation]. Korea 147 teaches that the colors change according to outside air temperature. Korea 147 teaches colors on the label are varied according to printed temperature on the label. Korea 147 teaches that the label visually indicates if the installed tire, such as summer tire, four season tire or winter tire having recommended temperature range for use, is proper in accordance with measured outdoor temperature of the label [machine translation]. Thus, Korea 147 teaches a tire label comprising indica and colors on a substrate (medium) wherein each color changes color when exposed to a predetermined temperature.
Yurjevich et al discloses a label 20 for a pneumatic tire comprising a substrate having “printed” thereon indicia indicating temperature or temperature range and colors 24 (indicator areas that non-reversibly change color at rated temperature or rated temperature range). FIGURE 3 of Yurjevich et al is reproduced below:
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424
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Yurjevich et al teaches that a tire exposed to excessive heat has a higher risk of failure because the excessive heat can harm rubber compositions and adhesion between components within the tire. Yurjevich et al teaches that the label allows visual indication of maximum temperature experienced by tire so that (1) investigator can remove the tire from service if maximum temperature indicated by label exceeds a predetermined limit or (2) investigator can use temperature data to help determine a potential cause of failure if the tire has already failed. Thus, Yurjevich et al teaches a tire label comprising indicia and colors on a substrate (medium) wherein each color changes color when exposed to a predetermined temperature.
Korea 672 discloses a label for a tire comprising a substrate (“medium”) and an adhesive wherein temperature paints 5 and written temperatures (i.e. 300oC .... 150oC) are “printed” on the substrate [FIGURES 1-2, machine translation]. Korea 672’s FIGURE 2, which illustrates the label, is reproduced below:
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Korea 672 shows the temperature paints (colors) being arranged as a column of rectangles [FIGURE 2]. Thus, Korea 672 discloses a label for a tire comprising:
indicia and colors
substrate
adhesive
Korea 672 teaches that the temperature paints (colors) irreversibly discolor at a corresponding temperature indicated by the written temperature [machine translation]. Korea 672 teaches that the label allows visual check of bead portion which is heated by heat generated from brake drum during braking operation [machine translation].
Thus, Korea 672 teaches a tire label comprising indica and colors on a substrate (medium) wherein each color changes color when exposed to a predetermined temperature.
As to claims 1, 3 and 5-7, it would have been obvious to one of ordinary skill in the art to provide German 525’s tire label such that:
the label comprises: an indicator portion having color components to be extracted by a degradation state determination apparatus that includes a degradation state model and a color change database for determining a degradation state of the tire; and a reinforcement portion to be bonded to the tire to reinforce the tire, wherein the indicator portion comprises a medium layer having printed thereon an identifier and at least one color pattern having a plurality of colors applied to different positions, the plurality of colors having different sensitivities to a degradation factor [claim 1],
the reinforcement portion comprises an adhesion layer that is provided on a
side of the medium layer closer to the tire and is to be adhered to the tire by an adhesive [claim 3],
the color pattern is configured to include a plurality of color components that exhibit different changes for one degradation factor [claim 5],
the degradation factor includes at least one of heat, oxygen, water, ultraviolet light, and ozone [claim 6],
the at least one color pattern comprises a plurality of color patterns printed on the medium layer [claim 7]
since:
(1) German 525 discloses a TIRE LABEL comprising print layer 6, rubber layer 5 (medium), reinforcement 4 (e.g. fabric) and rubber layer 3 wherein, in the event of any contact (e.g. contact with curb), reinforcement in label will absorb shear forces to reliably protect sidewall from damage; and
(2) (A) Korea 147 teaches a TIRE LABEL comprising indica and colors on a substrate (medium) wherein each color changes color when exposed to a predetermined temperature and wherein colors on the label are varied according to printed temperature on the label and visually indicate if the installed tire, such as summer tire, four season tire or winter tire having recommended temperature range for use, is proper in accordance with measured outdoor temperature of the label; (B) Yurjevich et al teaches a TIRE LABEL comprising indica and colors on a substrate (medium) wherein each color changes color when exposed to a predetermined temperature and wherein Yurjevich et al teaches that the label allows visual indication of maximum temperature experienced by tire so that (1) investigator can remove the tire from service if maximum temperature indicated by label exceeds a predetermined limit or (2) investigator can use temperature data to help determine a potential cause of failure if the tire has already failed; and/or (C) Korea 672 teaches a TIRE LABEL comprising indica and colors on a substrate (medium) wherein each color changes color when exposed to a predetermined temperature and wherein Korea 672 teaches that the label allows visual check of bead portion which is heated by heat generated from brake drum during braking operation.
As to claim 1, the following additional comments are provided. In claim 1, repair patch reads on German 525’s tire label. In other words, “repair patch” fails to require structure not disclosed by German 525 and fails to intended use of repairing. In claim 1, reinforcement portion reads on at least reinforcement 4 (fabric) In claim 1, medium layer reads on rubber layer 5. As to claim 1, at least one of Korea 147, Yurjevich et al and Korea 672 motivate one of ordinary skill in the art to provide German 525’s tire label such that the print layer comprises identifier (e.g. printed indicia such as temperature) and color pattern having a plurality of colors applied to different positions. As to the colors having different sensitivities to a degradation factor [claim 1], each of Korea 147, Yurjevich et al and Korea 672 teach colors at different positions wherein each color changes color at a predetermined temperature. As to color components [claim 1], note color pattern suggested by at least one of at least one of Korea 147, Yurjevich et al and Korea 672. In claim 1, the description of “to be extracted by a degradation state determination apparatus that includes a degradation state model and a color change database for determining a degradation state of the tire” (emphasis added) relates to intended use and fails to require structure not disclosed by the applied prior art.
As to claim 3, the claimed adhesion layer reads on rubber layer 3 of German 525’s tire label which is vulcanized to adhere the label to a tire.
As to claims 5 and 6, each of Korea 147, Yurjevich et al and Korea 672 teach different areas of color which change color at different temperatures caused by heat.
As to claim 7, the description of “a plurality of color patterns” reads on (A) eight rectangular areas of color shown by Korea 147 [FIGURE 2], (B) five circular areas of color shown by Yurjevich et al [FIGURE 3], or (C) twelve rectangular areas of color shown by Korea 672 [FIGURE 2].
4) Claims 2 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over German 525 (DE 102019214525) in view of at least one of Korea 147 (KR 2018-0003147), Yurjevich et al (US 2003/0047264) and Korea 672 (KR 2010-0077672) as applied above and further in view of Janko (US 2016/0232821).
As to claim 2, it would have been obvious to one of ordinary skill in the art to provide German 525’s tire label such that the indicator portion further comprises a protective layer provided on a side of the medium layer away from the tire and configured to inhibit transmission of at least ultraviolet light since (1) Korea 147 teaches providing a TIRE LABEL comprising indica and colors on a substrate and adhesive with a protective transparent plastic film 130 [FIGURE 2, machine translation] and (2) Janko teaches providing a TIRE LABEL comprising face layer 10 having printing thereon and an adhesive layer with a transparent top coat layer 50 for protecting print layer from UV to thereby protect the print layer from degradation [FIGURE 2, paragraphs 22, 127, 155].
As to claim 20, the claimed adhesion layer reads on rubber layer 3 of German 525’s tire label which is vulcanized to adhere the label to a tire.
5) Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over German 525 (DE 102019214525) in view of at least one of Korea 147 (KR 2018-0003147), Yurjevich et al (US 2003/0047264) and Korea 672 (KR 2010-0077672) as applied above and further in view of Mahling (US 5,591,513).
As to claim 4, it would have been obvious to one of ordinary skill in the art to provide German 525’s tire label such that the indicator portion further comprises a penetration prevention layer provided between the medium layer and the reinforcement portion and configured to prevent penetration of ink since Mahling teaches providing a TIRE LABEL 1 comprising colored print 6, 7, rubber layer 1 and vulcanizable adhesive layer 4 such that a barrier layer 3 (non-polar polymer) is provided between the rubber layer 2 and the vulcanizable adhesive layer 4 to prevent migration of antioxidants from the tire 8 to the rubber layer 2 having colored print 6, 7 to avoid discoloration [FIGURE 1].
Remarks
6) Applicant’s election without traverse of Group I, claims 1-7 and 20, drawn to repair patch in the reply filed on 3-23-26 is acknowledged.
Claims 8-19 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected Group, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 3-23-26.
Casper et al (US 2012/0247648) is cited of interest for disclosing a repair patch comprising cover layer 10, intermediate layer 20 containing filamentary inserts 70 and connecting layer 30 comprising natural rubber [FIGURE 1].
The remaining references are of interest.
7) No claim is allowed.
8) Any inquiry concerning this communication or earlier communications from the examiner should be directed to STEVEN D MAKI whose telephone number is (571)272-1221. The examiner can normally be reached Monday-Friday 9:30AM-6PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Katelyn B Smith (Whatley) can be reached at 571-270-5545. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/STEVEN D MAKI/
Primary Examiner, Art Unit 1749
April 22, 2026
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