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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 03/16/2026 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 1-2, 4-6, and 8-16 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.
Claim 1 requires “the surface of the tread portion has a profile with a concave shape over part of its width when the tire is cured and in use on a vehicle”. The original specification of the instant application fails to recite and/or convey this claimed limitation to one skilled in the art at the time the application was filed. First, it is acknowledged that the cured tire of instant application has a tread having a concave shape because the concave shape is formed in a mold during the curing process as shown in FIG. 3. FIG. 1 and FIG. 2 illustrates a concave shape on the surface of the tread. However, FIG. 1 and FIG. 2 fails to illustrate or describe the state of the tire (i.e. inflated and installed on the vehicle). The original specification fails to convey that the concave shape of the tread is present when the tire is inflated and mounted to a vehicle.
[0011] of the original specification states that the tread of the tire has a concavity for optimizing tire footprints. [00113] states simulations of footprints of reference tires and inventive tires has been prepared and compared. [00114] states simulations showed the concave shape of the inventive tire obtained similar footprints as for the reinforced tired. These description fail to convey the concave shape is present in the tread during the tire is inflated and mounted to a vehicle. The remaining claims are rejected because they are dependent claims of rejected claim 1.
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.
Claim 2, 4, 6, 8-10, and 15 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 2 recites “wherein the tread portion comprises a tread pattern with first circumferential grooves that axially delimit the first shoulder portion and the second shoulder portion with respect to the central portion of the tread;” which is already required in claim 1. It is unclear what structure is required by the repeated limitation and deletion is advised.
Claim 4 recites “wherein the tread portion comprises a tread pattern with first circumferential grooves and one or more optional second circumferential grooves, the second circumferential grooves when present being arranged in the central portion;” which is already required in claim 1. It is unclear what structure is required by the repeated limitation and deletion is advised.
Claim 6 recites “wherein the tire has an asymmetric tread” which is already required in claim 1. It is unclear what structure is required by the repeated limitation and deletion is advised.
Claims 8-10 recites “wherein it comprises”. It is unclear what “it” is referring to.
Claim 15 recites “wherein the tread portion further comprises a tread pattern” which is already required in claim 1. It is unclear what structure is required by the repeated limitation. Change to the claim limitation to --the tread pattern--.
Prior Art of Interest
JP 2018-111357: FIG. 1 teaches a tire comprising a tread having a concave shape when the tire is filled with an air pressure of 30 kPa. FIG. 2 teaches the concave shape shown in FIG. 1 being no longer present when the tire is filled with an air pressure of 240 kPa. In other words, the tread portion having the concave shape bulges outward in the tire radial direction from FIG. 1 and FIG. 2. See page 4 of the machine translation.
JP 06-171304: FIG. 1 teaches a tire having a tread with a concave shape 10. FIG. 2 shows the concave shape of the tread present during a grounding state of the tread.
Response to Arguments
Applicant’s arguments have been considered and are moot in view of the new grounds of rejection presented in this office action.
Conclusion
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/KENDRA LY/Primary Examiner, Art Unit 1749