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 .
Response to Arguments
Applicant’s arguments/remarks filed on 04/10/2026 have been fully considered.
With respect to the drawing objection(s), Applicant’s amendment(s) to the claim(s) has/have overcome the all objection(s).
With respect to the specification objection(s), Applicant’s amendment(s) to the specification has/have overcome all the objection(s).
With respect to the claim interpretation under 35 U.S.C. § 112(f), Applicant's amendment(s) to the claim(s) has overcome the claim objection(s).
With respect to the claim rejection(s) under 35 U.S.C. § 102 of amended claim 1, Applicant’s arguments are moot in view of the new grounds of rejection set forth below.
With respect to the nonstatutory double patenting rejections, the terminal disclose accepted on 04/10/2026 has overcome the claim rejections.
Claim Objections
Claim(s) 7 is/are objected to because of the following informalities:
Claim 7, “into a cylindrical rubber member for a tire” should be changed to --into the cylindrical rubber member for the tire --.
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.
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) 1-2, 4, and 6-8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lizuka (US 20010050134 – of record) alone or further in view of Aleckovic (US 20150239157) and Isaka (WO 2009078247A1 with English machine translation – FOR of record).
Regarding claim 1, Lizuka discloses a rubber member molding apparatus (molding apparatus of Fig. 10, P0047) comprising:
an extruding machine (60) that extrudes a long rubber member forward (extruder 60 extrudes ribbon 30R comprising rubber: P0047, Fig. 10);
upper and lower forming rollers (64, 65) movable in a front-back direction (T2: P0044, Fig. 10), the upper and lower forming rollers sandwiching the long rubber member extruded from the extruding machine (P0047, 0049, Figs. 10-11); and
a molding drum (61) to which the long rubber member (30R) moved forward after having passed through a gap between the upper and lower forming rollers (64, 65) is attached and on which the long rubber member turns into a cylindrical rubber member (30) for a tire (P0047, Fig. 10), the molding drum rotating in an upward direction (R2) at a location where the molding drum faces the upper and lower forming rollers (P0047, Fig. 10),
wherein the upper forming roller is disposed forward of the lower forming roller (64 is clearly shown as being disposed forward 65: Figs. 10-11), with the upper forming roller being disposed at a front attaching position, the long rubber member is sandwiched between the upper forming roller and the molding drum (Figs. 10-11).
Lizuka fails to explicitly disclose that “at least a predetermined portion of an outer peripheral surface of the molding drum is configured for the long rubber member to be more easily attached thereto than to an outer peripheral surface of the upper forming roller”.
However, Examiner considers that Lizuka implicitly discloses/suggests that at least a predetermined portion of an outer peripheral surface of the molding drum (61) is configured for the long rubber member to be more easily attached thereto than to an outer peripheral surface of the upper forming roller (64) because Lizuka discloses/suggests that the long rubber member (30R) is more adherable to the molding drum (61) than to the upper forming roller (64: P0049, Fig. 11) and depicts/suggests that 61 is configured for the long rubber member (30R) to be more easily attached thereto than to an outer peripheral surface of the upper forming roller (64) so that the depicted transfer of the long rubber member (30R) from the upper forming roller (64) to the molding drum (61) is possible (P0047, Figs. 10-11). If that was not the case, the long rubber member (30R) would remain attached to the upper forming roller (64). See MPEP 2144.01.
Lizuka fails to explicitly disclose that “the upper and lower forming rollers continue rotating after extrusion of the long rubber member from the extruding machine stops to cut the long rubber member between the extruding machine and the upper and lower forming rollers”.
However, the missing claimed language amounts to a recitation of intended use that does not require any additional structure and that does not differential the claimed apparatus from the taught apparatus. See MPEP §§ 2114-2115. Furthermore, since Lizuka teaches that the operation of the extruder as well as the rotation/operation of the forming rollers are controllable/adjustable (P0049-0050, Fig. 11) and a person of ordinary skill in the art would implicitly understand that the apparatus of Lizuka is capable of operating such that the extrusion of the long rubber member from the extruding machine stops and cuts the long rubber member after completing the molding of the cylindrical rubber member (See MPEP 2144.01), the apparatus of Lizuka is expected to be capable of operating such that the upper and lower forming rollers continue rotating after extrusion of the long rubber member from the extruding machine stops to cut the long rubber member between the extruding machine and the upper and lower forming rollers. See MPEP §§ 2112.01 I, 2114 I-II, and 2115. Thus, Lizuka implicitly discloses/suggests the rubber member molding apparatus substantially as claimed by applicant.
PNG
media_image1.png
618
443
media_image1.png
Greyscale
Alternatively, if Applicant disagrees with the implicit teachings/suggestions of Lizuka above, in the same field of endeavor, apparatuses for molding rubber/tire material/members and/or solving the problem of improving/ensuring adhesion of the extruded material to a desired roll among other rolls (Abstract, P0006, Fig. 3), Aleckovic teaches to provide a hotter surface temperature, smoother/rougher surface, and/or proper speed to the desired roll among the other rolls for the benefit(s) of improving/ensuring adhesion of the extruded material to the desired roll among the rolls (Abstract, P0012, 0023).
Since Lizuka discloses/suggests envisions selective/more adhesion of the extruded material to the molding drum (61) than to the upper forming roller (64: P0049, Fig. 11), it would have been prima facie obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to have modified the apparatus of Lizuka in view of Aleckovic by configuring with proper roughness/temperature/speed at least a predetermined portion of an outer peripheral surface of the molding drum for the long rubber member to be more easily attached thereto than to an outer peripheral surface of the upper forming roller for the benefit(s) of improving/ensuring attachment and transfer of the long rubber member to the molding drum. See MPEP §§ 2143 I C, 2143 G, and/or 2144 II.
In the same field of endeavor, apparatuses for molding rubber material/members and/or solving the problem of enabling cutting of the long rubber member between the extruding machine and the upper and lower forming rollers, Isaka discloses the technique of operating the apparatus such that upper and lower forming rollers (21, 22) continue rotating after extrusion of the long rubber member from a extruding machine stops for the benefit(s) of cutting the long rubber member between the extruding machine and the upper and lower forming rollers without requiring additional structural elements, improving productivity, and reducing the amount of rubber discarded (pg. 5-6, Fig. 2).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to further modify the apparatus of Lizuka in view of Isaka by configuring/operating the apparatus such that the upper and lower forming rollers continue rotating after extrusion of the long rubber member from the extruding machine stops to cut the long rubber member between the extruding machine and the upper and lower forming rollers for yielding the predictable benefit(s) of cutting the long rubber member between the extruding machine and the upper and lower forming rollers without requiring additional structural elements, improving productivity, and reducing the amount of rubber discarded as suggested by Isaka. See MPEP §§ 2143 I C, 2143 G, and/or 2144 II.
Regarding claim 2, Lizuka further discloses wherein outer peripheral surfaces of the upper and lower forming rollers (64, 65) are in such a relationship that the long rubber member (30R) having passed through the gap between the upper and lower forming rollers is attached to the outer peripheral surface of the upper forming roller (64: P0049, Figs. 10-11).
Regarding claim 4, Lizuka further discloses wherein the long rubber member moved forward after having passed through the gap between the upper and lower forming rollers is attached to the molding drum and turns into the cylindrical rubber member for the tire (P0047, Fig. 11).
Regarding claim 6, Lizuka fails to explicitly disclose that “wherein the upper and lower forming rollers rotate in directions of moving the long rubber member sandwiched therebetween forward after stopping of the extrusion of the long rubber member from the extruding machine”.
However, the missing claimed language amounts to a recitation of intended use that does not require any additional structure and that does not differential the claimed apparatus from the taught apparatus. See MPEP §§ 2114-2115. Furthermore, since Lizuka teaches that the operation of the extruder as well as the rotation/operation of the forming rollers are controllable/adjustable (P0049-0050, Fig. 11), the apparatus of Lizuka is expected to be capable of operating such that the upper and lower forming rollers rotate in directions of moving the long rubber member sandwiched therebetween forward after stopping of the extrusion of the long rubber member from the extruding machine. See MPEP §§ 2112.01 I, 2114 I-II, and 2115.
Additionally, Isaka further discloses wherein the upper and lower forming rollers rotate in directions of moving the long rubber member sandwiched therebetween forward after stopping of the extrusion of the long rubber member from the extruding machine (pg. 5-6, Fig. 2).
Regarding claim 7, Lizuka further implicitly discloses/shows wherein the gap between the upper and lower forming rollers is formed as a long rubber member supplier (P0049-0050, Fig. 11),
a leading portion of the long rubber member is attached to the molding drum and the long rubber member is wound around the molding drum and turns into the cylindrical rubber member for the tire by rotating the molding drum while the supplier supplies the long rubber member (P0049-0050, Fig. 11).
Lizuka/combination fails to explicitly disclose that “the leading portion is in a tapered shape having a tip end, the tip end of the leading portion is positioned closer to an outside in a drum axial direction with respect to a center position of the long rubber member in a width direction thereof by moving at least one of the supplier or the molding drum in the drum axial direction upon attachment of the leading portion,
a portion of the long rubber member overlapping with the leading portion in the drum axial direction is formed as an inclined portion inclined with respect to a drum circumferential direction by moving at least one of the supplier or the molding drum in the drum axial direction when the long rubber member is wound around a position overlapping with the leading portion in the drum axial direction, and
a portion of the long rubber member other than the inclined portion is wound in parallel with the drum circumferential direction”.
However, the missing claimed language amounts to a recitation of intended use that does not require any additional structure and that does not differential the claimed apparatus from the taught apparatus. See MPEP §§ 2114-2115. Furthermore, since Lizuka discloses/shows that the forming rollers (64, 65) are movable relative to the molding drum (61) in a drum axial direction and a drum circumferential direction to control positioning/winding of the portions of the long rubber member (P0049-0052, Figs. 10-11), the apparatus of Lizuka is expected to be capable of performing the intended use. See MPEP §§ 2112.01 I, 2114 I-II, and 2115.
Regarding claim 8, Lizuka further implicitly discloses wherein the long rubber member extruded from the extruding machine passes through the gap formed between the upper and lower forming rollers (P0049, Figs. 10-11), and the leading portion turns into a tapered shape accordingly (material passing through the gap formed between the upper and lower forming rollers (i.e., a nip) is expected tapered shape: See MPEP 2144.01 and Fig. 2 of Aleckovic, and other prior art of record). Furthermore, the claimed language “the leading portion turns into a tapered shape accordingly” amounts to a recitation of intended use that does not require any additional structure and that does not differential the claimed apparatus from the taught apparatus. The apparatus of modified Lizuka is expected to be capable of performing the intended use. See MPEP §§ 2112.01 I, 2114 I-II, and 2115.
Claim(s) 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lizuka in view of Aleckovic and Isaka as applied to claim 7 above, and further in view of Nakatani (US 20220242024).
Regarding claim 9, the combination, as applied to claim 7 above, fails to disclose wherein the leading portion is in an isosceles triangular shape having a tip end at a center position in a width direction.
In the same field of endeavor, apparatuses for molding rubber members, Nakatani (US 20220242024) discloses a relevant rubber member molding apparatus (P0021, Figs. 1-3) comprising a gap between upper and lower forming rollers configured to obtain an isosceles triangular shape having a tip end at a center position in a width direction (P0029-0030, Fig. 3, Figs. 6-10, and accompanying text) for the benefit(s) of manufacturing a rubber strip in which a cross-sectional shape is likely to meet a target (P0005).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to further modify the apparatus of Lizuka/combination in view of Nakatani by configuring the gap between upper and lower forming rollers to obtain the leading portion with an isosceles triangular shape having a tip end at a center position in a width direction for the benefit(s) of manufacturing a rubber strip in which a cross-sectional shape is likely to meet a target as suggested by Nakatani. See MPEP §§ 2143 I C, 2143 G, and/or 2144 II.
The combination, as applied above, fails to explicitly disclose “the leading portion is deformed into a right triangular shape by moving at least one of the supplier or the molding drum in the drum axial direction and moving the tip end of the leading portion closer to the outside in the drum axial direction with respect to the center position of the long rubber member in the width direction thereof when the leading portion is attached to the molding drum.”
However, the missing claimed language amounts to a recitation of intended use that does not require any additional structure and that does not differential the claimed apparatus from the taught apparatus. See MPEP §§ 2114-2115. Furthermore, since Lizuka discloses/shows that the forming rollers (64, 65) are movable relative to the molding drum (61) in a drum axial direction and a drum circumferential direction to control positioning/winding of the portions of the long rubber member (P0049-0052, Figs. 10-11), the apparatus of Lizuka is expected to be capable of performing the intended use. See MPEP §§ 2112.01 I, 2114 I-II, and 2115.
Conclusion
Applicant's submission of an information disclosure statement under 37 CFR 1.97(c) with the timing fee set forth in 37 CFR 1.17(p) on 04/10/2026 as well as Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Additional prior art made of record and not relied upon that is considered to be pertinent to
Applicant’s disclosure:
Nishikawa (US 20150068667) discloses a relevant apparatus comprising controller (3) for controlling winding, shaping, and attaching of a rubber strip to a molding drum by controlling rotation the molding drum and motion of the molding drum in a drum axial direction (P0034-0035, Fig. 1, and accompanying text). Nishikawa further discloses shaping and winding technique of the portions of the rubber relevant to claims 7-9 (P0035, Fig. 2, and Fig. 4).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JERZI H MORENO HERNANDEZ whose telephone number is (571)272-0625. The examiner can normally be reached 1:00-10:00 PM PT.
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, Galen Hauth can be reached at 571-270-5516. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
JERZI H. MORENO HERNANDEZ
Primary Examiner
Art Unit 1743
/JERZI H MORENO HERNANDEZ/Primary Examiner, Art Unit 1743
Prosecution Insights