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 .
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the “device is contained within at least one spoke” as set forth in claim 14, and “the reservoir extends circumferentially about the radially outer side of the rim” as set forth in claim 23 must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
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 1, 3-8, 10-12, 14 and 15 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Imamiya et al. (JP 2012011905 A; hereinafter “Imamiya”; previously cited by Applicant).
Regarding claim 1, Imamiya discloses a passive tire inflation device, comprising: a reservoir 8, a migration chamber (comprised of unlabeled chamber/passage within outer cylinder 11 and passage 12C within inner cylinder 12) containing a migration plug 14, and a post-plug outlet at 10e, wherein the migration chamber is fluidically connected to the reservoir (Figs. 1 and 2; paragraph [0026]), wherein the migration chamber is fluidically connected to the post-plug outlet (Figs. 1 and 2; paragraph [0026]), and wherein the migration plug is formed from a rubber compound (paragraph [0027]).
Regarding claim 3, Imamiya further discloses the reservoir contains an inert gas (paragraph [0021]).
Regarding claim 4, Imamiya further discloses a pre-plug inlet at 10i oriented between the reservoir and the migration chamber (Figs. 1 and 2).
Regarding claim 5, Imamiya further discloses the post-plug outlet is fluidically connected to a tire air chamber 2IS (Fig. 1).
Regarding claim 6, Imamiya further discloses at least one restriction plate 15 oriented within the migration chamber between the migration plug and the post-plug outlet (Fig. 2; paragraph [0031]).
Regarding claim 7, Imamiya further discloses the restriction plate includes at least one orifice (evident from the plate being “porous” per paragraph [0031]).
Regarding claim 8, Imamiya discloses a tire and wheel assembly including a passive tire inflation device, comprising: a vehicle wheel 3 including a rim 4 and at least one spoke 6, a tire 2 mounted on the vehicle wheel forming a tire air chamber 2IS (Fig. 1), the device comprising: a reservoir 8, a migration chamber (comprised of unlabeled chamber/passage within outer cylinder 11 and passage 12C within inner cylinder 12) containing a migration plug 14, and a post-plug outlet at 10e, wherein the post-plug outlet is fluidically connected to the tire air chamber (Figs. 1 and 2; paragraph [0032]).
Regarding claim 10, Imamiya further discloses a pre-plug inlet at 10i oriented between the reservoir and the migration chamber (Figs. 1 and 2).
Regarding claim 11, Imamiya further discloses at least one restriction plate 15 oriented within the migration chamber between the migration plug and the post-plug outlet (Fig. 2; paragraph [0031]).
Regarding claim 12, Imamiya further discloses the restriction plate includes at least one orifice (“porous” per paragraph [0031]).
Regarding claim 14, Imamiya further discloses the device is contained within at least one spoke (Fig. 1).
Regarding claim 15, Imamiya further discloses the post-plug outlet extends through the rim (Figs. 1 and 2).
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.
Claims 13, 16 and 18-23 are rejected under 35 U.S.C. 103 as being unpatentable over Imamiya in view of Kurz et al. (DE 102016221815 A1; hereinafter “Kurz”; previously cited by Applicant).
Regarding claim 13, Imamiya fails to disclose the device being attached to at least one spoke.
Kurz, however, in the embodiment shown in Fig. 4, teaches a tire inflation device (comprised of 7, 8a/8b and 10) that can be attached to at least one spoke 5.
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 tire and wheel assembly of Imamiya so that the inflation device is attached to the at least one spoke instead of being contained within the at least one spoke, such as taught by Kurz, as a well-known alternative arrangement that would have a reasonable expectation of success in providing predictable results for allowing the device to be removed or replaced, if needed and/or desired.
Regarding claim 16, Imamiya discloses a tire and wheel assembly including a passive tire inflation device, comprising: a vehicle wheel 3 including a rim 4 and at least one spoke 6, a tire 2 mounted on the vehicle wheel forming a tire air chamber 2IS (Fig. 1), the device comprising: a reservoir 8, a migration chamber (comprised of unlabeled chamber/passage within outer cylinder 11 and passage 12C within inner cylinder 12) containing a migration plug 14, and a post-plug outlet at 10e, wherein the post-plug outlet is fluidically connected to the tire air chamber (Figs. 1 and 2; paragraph [0032]).
Regarding claims 16, 21 and 23, Imamiya fails to disclose the reservoir extending circumferentially about the rim about the radially inner side of the rim or about the radially outer side of the rim. Instead, the reservoir 8 of Imamiya is formed within the at least one spoke 6 (Fig. 1).
Kurz, however, teaches a tire and wheel assembly which comprises a tire inflation device with a reservoir 7 that can extend circumferentially about the rim about the radially inner side of the rim (note Fig. 4 and paragraph [0033]) or about the radially outer side of the rim (note Figs. 3a and 3b, and paragraph [0029]).
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 tire and wheel assembly of Imamiya so that the reservoir extends circumferentially about the rim either about the radially inner side of the rim or about the radially outer side of the rim, such as taught by Kurz, as well-known alternative reservoir arrangements that would have a reasonable expectation of success in providing predictable results for providing pressurized gas to the tire air chamber.
Regarding claim 18, Imamiya further discloses a pre-plug inlet at 10i oriented between the reservoir and the migration chamber (Figs. 1 and 2).
Regarding claim 19, Imamiya further discloses at least one restriction plate 15 oriented within the migration chamber between the migration plug and the post-plug outlet (Fig. 2; paragraph [0031]).
Regarding claim 20, Imamiya further discloses the restriction plate includes at least one orifice (evident from the plate being “porous” per paragraph [0031]).
Regarding claim 22, Imamiya further discloses the post-plug outlet extends through the rim (Figs. 1 and 2).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The cited prior art shows other examples of tire inflation devices with reservoirs attached to or formed within the wheel.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KIP T KOTTER whose telephone number is (571)272-7953. The examiner can normally be reached 9:30-6 EST Monday-Friday.
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, Samuel (Joe) J Morano can be reached at (571)272-6684. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Kip T Kotter/Primary Examiner, Art Unit 3615
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