DETAILED ACTION
This office action is in response to the initial filing dated August 30, 2024.
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 .
Claim Status
Claims 1-20 are currently pending.
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 1-5 and 9 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Toppan Forms Co. Ltd. (Toppan; WO2017/130956 – translation provided).
As to claim 1, Toppan teaches a patch radiofrequency identification device for tires (Figures 2 and 5, Item 10 shows an RFID tag), designed to be applied to an inner liner of a tire before or after tire vulcanization/curing (Page 7, Paragraph 7 teaches incorporating the RFID tag into a tire without fear of damage) and comprising a flexible multilayer planar structure (Figure 5; Page 7, Paragraph 7 teaches a third fixing member made of a rubber sheet) including:
a substrate (Figures 2 and 5, Item 15; );
a first insulating layer covering a first portion of the substrate, thereby leaving exposed a second portion thereof extending around said first portion (Figures 2 and 5, Item 13 teaches a first fixing member covering a portion of the substrate and leaving another portion exposed; Page 5, Paragraph 3 teaches a first fixing member 13 made of PET or polyimide, for example, which are insulating materials);
a radiofrequency identification chip and a first antenna that are connected to each other and arranged on the first insulating layer (Page 2, First Aspect teaches a first antenna 16 connected to the RFID chip 11; Page 5, Paragraph 3 teaches the RFID chip and first antenna formed on the first fixing member 13);
a second antenna that is electromagnetically coupled with the first antenna (Page 2, First Aspect teaches a second antenna 17 electromagnetically coupled to the first antenna) and that extends, at least partially, on the first insulating layer (Figures 3-5; Page 6, Paragraph 6 teaches the RFID chip, first antenna, and electromagnetic coupling portion of the second antenna are connected to the first fixing member 13);
wherein a first portion of the second antenna extends around the first antenna and includes two ends located at opposite sides of the first antenna (Figures 3C and 4);
wherein at least a second portion of the second antenna includes one or more arms extending in opposite directions from the first antenna, each from a respective end of the first portion of the second antenna (Figure 3B shows extensions 17b waving within a set height W such that they form straight arms at noted by the lines on the right side of the figure around the high and low points of 17b), and respectfully formed by a meander-line-shaped and/or spiral-line-shaped wire (Figure 2; Page 5, Paragraph 10 teaches a corrugated or wave shape antenna; Page 5, Paragraph 1 teaches antennas made of wires);
wherein the radiofrequency identification chip, the first antenna, and the second antenna lie on a same plane (Figures 2, 3C, and 5);
wherein the second antenna is a parasitic radiator (Figure 3C shows first antenna 16 connected to the RFID chip 11 and second antenna 17 that is not connected to any other components; Page 5, Paragraph 1 teaches the first and second antenna do not directly connect; Page 8, Paragraph 8 teaches electromagnetic coupling portion 17a and a wave-shaped extension portion 17b to secure a long communication distance and improve durability of the RFID tag); and
a second insulating layer covering the first insulating layer, the radiofrequency identification chip, the first antenna and, at least partially, the second antenna (Figures 2, 3C, and 5, Item 14; Page 6, Paragraphs 3 and 4 teach the second fixing member 14 fixing the RFID chip, first antenna, and a portion of the second antenna on the opposite side of the first fixing member 13).
As to claim 2, depending from the patch radiofrequency identification device of claim 1, Toppan teaches wherein:
the first portion of the second antenna extends on the first insulating layer and is covered by the second insulating layer (Page 6, Paragraphs 3 and 4 and Figures 2, 3C, and 5 teach the second antenna electromagnetic coupling portion 17a on the first fixing member 13 covered by the second fixing member 14); and
the second portion of the second antenna:
extends from said first portion on the first insulating layer and is covered by the second insulating layer, or
extends from said first portion on the second portion of the substrate and is not covered by the second insulating layer (Page 6, Paragraphs 3 and 4 and Figures 2, 3C, and 5 teach the extensions 17b on the 3rd fixing member 15 which is not covered by the second fixing member).
As to claim 3, depending from the patch radiofrequency identification device of claim 1, Toppan teaches wherein the multilayer planar structure is designed to be applied to an inner liner of a tire so that the inner liner covers the second insulating layer and the second portion of the substrate (Page 4, Paragraphs 11 and 12 teach mounting the tag in the tire; Figure 5 shows the RFID tag in the tire).
As to claim 4, depending from the patch radiofrequency identification device of claim 1, Toppan teaches wherein the first antenna is designed to operate as a near-field coupler, and the second antenna is designed to operate as a far-field radiating antenna (Page 8, Paragraph 8 teaches electromagnetic coupling portion 17a and a wave-shaped extension portion 17b to secure a long communication distance).
As to claim 5, depending from the patch radiofrequency identification device of claim 1, Toppan teaches wherein the radiofrequency identification chip is configured to:
store an univocal identifier assigned to the tire in which the patch radiofrequency identification device is embedded;
receive, via the second antenna and the first antenna, interrogation signals from radiofrequency identification readers; and
transmit, via the first antenna and the second antenna, backscattered interrogation signals carrying the univocal identifier (Page 6, Paragraph 5 teaches confirming information stored in the RFID chip without removing the RFID chip; Page 8, last Paragraph teaches a passive RFID tag performing wireless communication with a reader that reads tire data such that the tire data includes an identifier due to the use of RFID components).
As to claim 9, depending from the patch radiofrequency identification device of claim 1, Toppan teaches wherein a protective resin is interposed between:
the radiofrequency identification chip and the first antenna; and
the second insulating layer (Page 6, Paragraph [0003] taches a resin material as the second fixing material).
Claim Rejections - 35 USC § 103
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
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 6 is rejected under 35 U.S.C. 103 as being unpatentable over Toppan Forms Co. Ltd. (Toppan; WO2017/130956 – translation provided) as applied to claim 1 above, and further in view of Rushing (US PG Pub #2015/0248569).
As to claim 6, depending from the patch radiofrequency identification device of claim 1, Toppan does not explicitly teach wherein the radiofrequency identification chip is configured to perform a self-tuning of a respective input impedance and/or of an input impedance of the first antenna and the second antenna so as to compensate for varying surrounding dielectric/electromagnetic conditions.
In the field of antennas, Rushing teaches wherein the radiofrequency identification chip is configured to perform a self-tuning of a respective input impedance and/or of an input impedance of the first antenna and the second antenna so as to compensate for varying surrounding dielectric/electromagnetic conditions (Paragraph [0060] teaches an RFID marker with a self-tuning circuit including an impedance tuning element). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the teaching of Toppan with the self-tuning of Rushing because this keeps the antenna from de-tuning in harsh environmental conditions (Paragraph [0060]).
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Toppan Forms Co. Ltd. (Toppan; WO2017/130956 – translation provided) as applied to claim 1 above, and further in view of Adamson et al. (Adamson; US PG Pub #2005/0275518).
As to claim 7, depending from the patch radiofrequency identification device of claim 1, Toppan does not explicitly teach wherein:
a temperature sensor is integrated in the radiofrequency identification chip to measure temperature values; and
the radiofrequency identification chip is configured to transmit, via the first antenna and the second antenna, backscattered interrogation signals carrying the temperature values measured by the temperature sensor.
In the field of tire electronics, Adamson teaches a temperature sensor is integrated in the radiofrequency identification chip to measure temperature values; and
the radiofrequency identification chip is configured to transmit, via the first antenna and the second antenna, backscattered interrogation signals carrying the temperature values measured by the temperature sensor (Paragraph [0034] teaches additional sensor elements such as those suitable for monitoring temperature may be integrated with or coupled to an RF device so that measurements of the tire’s physical conditions may also be included in the communicated RF signals). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the teaching of Toppan with the temperature sensor of Adamson because such parameters are useful in tire monitoring and warning systems (Paragraph [0002]).
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Toppan Forms Co. Ltd. (Toppan; WO2017/130956 – translation provided) as applied to claim 1 above, and further in view of Choi et al. (Choi; US PG Pub #2006/0097870).
As to claim 8, depending from the patch radiofrequency identification device of claim 1, Toppan teaches wherein the substrate is made of rubber (Page 9, Lines 8-16 teach that the third fixing member 15 is a rubber sheet), but does not explicitly teach that the first and second insulating layers comprise one or more holes configured to allow rubber to pass through the first and second insulating layers from the rubber substrate toward the inner liner of the tire, and vice versa.
In the field of providing RFID tags in tires, Choi teaches that the first and second insulating layers comprise one or more holes configured to allow rubber to pass through the first and second insulating layers from the rubber substrate toward the inner liner of the tire, and vice versa (Paragraph [0034] teaches holes in a substrate and connecting rubber layers through the holes to form a support). It would have been obvious to one of ordinary skill in the art before he effective filing date of the claimed invention to modify the teaching of Toppan with the holes of Choi because the adherability between the RFID tag and the tire can be improved (Paragraph [0034]).
Claims 10-14, 16, and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Toppan Forms Co. Ltd. (Toppan; WO2017/130956 – translation provided) in view of Dominak et al. (Dominak; US PG Pub #2004/0182494).
As to claim 10, Toppan teaches a tire (Figures 1 and 5 show a tire; Page 3, last 2 lines – Page 4, first 3 lines teach the tire with an RFID tag) comprising:
a patch radiofrequency identification device (Figures 2 and 5, Item 10 shows an RFID tag) fitted to the tire (Page 7, Paragraph 7 teaches incorporating the RFID tag into a tire without fear of damage) and comprising a flexible multilayer planar structure (Figure 5; Page 7, Paragraph 7 teaches a third fixing member made of a rubber sheet) including:
a substrate (Figures 2 and 5, Item 15; );
a first insulating layer covering a first portion of the substrate, thereby leaving exposed a second portion thereof extending around said first portion (Figures 2 and 5, Item 13 teaches a first fixing member covering a portion of the substrate and leaving another portion exposed; Page 5, Paragraph 3 teaches a first fixing member 13 made of PET or polyimide, for example, which are insulating materials);
a radiofrequency identification chip and a first antenna that are connected to each other and arranged on the first insulating layer (Page 2, First Aspect teaches a first antenna 16 connected to the RFID chip 11; Page 5, Paragraph 3 teaches the RFID chip and first antenna formed on the first fixing member 13);
a second antenna that is electromagnetically coupled with the first antenna (Page 2, First Aspect teaches a second antenna 17 electromagnetically coupled to the first antenna) and that extends, at least partially, on the first insulating layer (Figures 3-5; Page 6, Paragraph 6 teaches the RFID chip, first antenna, and electromagnetic coupling portion of the second antenna are connected to the first fixing member 13);
wherein a first portion of the second antenna extends around the first antenna and includes two ends located at opposite sides of the first antenna (Figures 3C and 4);
wherein at least a second portion of the second antenna includes one or more arms extending in opposite directions from the first antenna, each from a respective end of the first portion of the second antenna (Figure 3B shows extensions 17b waving within a set height W such that they form straight arms at noted by the lines on the right side of the figure around the high and low points of 17b), and respectfully formed by a meander-line-shaped and/or spiral-line-shaped wire (Figure 2; Page 5, Paragraph 10 teaches a corrugated or wave shape antenna; Page 5, Paragraph 1 teaches antennas made of wires);
wherein the radiofrequency identification chip, the first antenna, and the second antenna lie on a same plane (Figures 2, 3C, and 5);
wherein the second antenna is a parasitic radiator (Figure 3C shows first antenna 16 connected to the RFID chip 11 and second antenna 17 that is not connected to any other components; Page 5, Paragraph 1 teaches the first and second antenna do not directly connect; Page 8, Paragraph 8 teaches electromagnetic coupling portion 17a and a wave-shaped extension portion 17b to secure a long communication distance and improve durability of the RFID tag); and
a second insulating layer covering the first insulating layer, the radiofrequency identification chip, the first antenna and, at least partially, the second antenna (Figures 2, 3C, and 5, Item 14; Page 6, Paragraphs 3 and 4 teach the second fixing member 14 fixing the RFID chip, first antenna, and a portion of the second antenna on the opposite side of the first fixing member 13).
Toppan does not explicitly teach the tire comprising an inner liner and the patch radiofrequency identification device fitted to the inner liner.
In the field of attaching RFID tags to tires, Dominak teaches the tire comprising an inner liner and the patch radiofrequency identification device fitted to the inner liner (Paragraphs [0017]-[0018] and [0026] teach attaching a tag to the inner liner of a tire). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the tag of Toppan to be located at the inner line as in Dominak because the placement of a tag on the inner surface is important given the dynamics of the forces of the tire as well as the ability to read and write for some frequencies with minimal interference (Paragraph [0046]).
As to claim 11, depending from the tire of claim 10, Toppan teaches wherein:
the first portion of the second antenna extends on the first insulating layer and is covered by the second insulating layer (Page 6, Paragraphs 3 and 4 and Figures 2, 3C, and 5 teach the second antenna electromagnetic coupling portion 17a on the first fixing member 13 covered by the second fixing member 14); and
the second portion of the second antenna:
extends from said first portion on the first insulating layer and is covered by the second insulating layer, or
extends from said first portion on the second portion of the substrate and is not covered by the second insulating layer (Page 6, Paragraphs 3 and 4 and Figures 2, 3C, and 5 teach the extensions 17b on the 3rd fixing member 15 which is not covered by the second fixing member).
As to claim 12, depending from the tire of claim 10, Toppan teaches wherein a top rubber layer covers the second insulating layer and the second portion of the substrate (Figure 5, item 15).
As to claim 13, depending from the tire of claim 12, Toppan teaches wherein the inner liner comprises the top rubber layer.
In the field of attaching RFID tags to tires, Dominak teaches wherein the inner liner comprises the top rubber layer (Paragraph [0018] teaches directly mounting a tag to the inner liner with a rubber cover). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the teaching of Toppan with the mounting of Dominak because this provides an improved adhesive (Paragraph [0018]).
As to claim 14, depending from the tire of claim 13, Toppan teaches wherein the first insulating layer is attached to the substrate by a first adhesive material or layer, and the inner liner is attached to the second insulating layer by a second adhesive material or layer (Page 6, Paragraphs 3 and 4 teach the second fixing member is an adhesive; Figure 5 shows this adhesive separating the top rubber layer on top and securing the first fixing member 13 on the sides to the third fixing member 15 such that the second fixing member acts as both an adhesive and second insulating layer).
As to claim 16, depending from the tire of claim 10, Toppan teaches wherein the first antenna is designed to operate as a near-field coupler, and the second antenna is designed to operate as a far-field radiating antenna (Page 8, Paragraph 8 teaches electromagnetic coupling portion 17a and a wave-shaped extension portion 17b to secure a long communication distance), and wherein the radiofrequency identification chip is configured to:
store an univocal identifier assigned to the tire in which the patch radiofrequency identification device is embedded;
receive, via the second antenna and the first antenna, interrogation signals from radiofrequency identification readers; and
transmit, via the first antenna and the second antenna, backscattered interrogation signals carrying the univocal identifier (Page 6, Paragraph 5 teaches confirming information stored in the RFID chip without removing the RFID chip; Page 8, last Paragraph teaches a passive RFID tag performing wireless communication with a reader that reads tire data such that the tire data includes an identifier due to the use of RFID components).
As to claim 20, depending from the tire of claim 10, Toppan teaches wherein a protective resin is interposed between:
the radiofrequency identification chip and the first antenna; and
the second insulating layer (Page 6, Paragraph [0003] taches a resin material as the second fixing material).
Claims 15 and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Toppan Forms Co. Ltd. (Toppan; WO2017/130956 – translation provided) in view of Dominak et al. (Dominak; US PG Pub #2004/0182494) as applied to claims 10 and 13 above, and further in view of Choi et al. (Choi; US PG Pub #2006/0097870).
As to claim 15, depending from the tire of claim 13, Toppan teaches wherein the substrate is made of rubber (Page 9, Lines 8-16 teach that the third fixing member 15 is a rubber sheet), but does not explicitly teach that the first and second insulating layers comprise one or more holes configured to allow rubber to pass through the first and second insulating layers from the rubber substrate toward the inner liner of the tire, and vice versa.
In the field of providing RFID tags in tires, Choi teaches that the first and second insulating layers comprise one or more holes configured to allow rubber to pass through the first and second insulating layers from the rubber substrate toward the inner liner of the tire, and vice versa (Paragraph [0034] teaches holes in a substrate and connecting rubber layers through the holes to form a support). It would have been obvious to one of ordinary skill in the art before he effective filing date of the claimed invention to modify the teaching of Toppan with the holes of Choi because the adherability between the RFID tag and the tire can be improved (Paragraph [0034]).
As to claim 19, depending from the tire of claim 10, Toppan teaches wherein the substrate is made of rubber (Page 9, Lines 8-16 teach that the third fixing member 15 is a rubber sheet), but does not explicitly teach that the first and second insulating layers comprise one or more holes configured to allow rubber to pass through the first and second insulating layers from the rubber substrate toward the inner liner of the tire, and vice versa.
In the field of providing RFID tags in tires, Choi teaches that the first and second insulating layers comprise one or more holes configured to allow rubber to pass through the first and second insulating layers from the rubber substrate toward the inner liner of the tire, and vice versa (Paragraph [0034] teaches holes in a substrate and connecting rubber layers through the holes to form a support). It would have been obvious to one of ordinary skill in the art before he effective filing date of the claimed invention to modify the teaching of Toppan with the holes of Choi because the adherability between the RFID tag and the tire can be improved (Paragraph [0034]).
Claim 17 is rejected under 35 U.S.C. 103 as being unpatentable over Toppan Forms Co. Ltd. (Toppan; WO2017/130956 – translation provided) in view of Dominak et al. (Dominak; US PG Pub #2004/0182494) as applied to claim 10 above, and further in view of Rushing (US PG Pub #2015/0248569).
As to claim 17, depending from the tire of claim 10, Toppan does not explicitly teach wherein the radiofrequency identification chip is configured to perform a self-tuning of a respective input impedance and/or of an input impedance of the first antenna and the second antenna so as to compensate for varying surrounding dielectric/electromagnetic conditions.
In the field of antennas, Rushing teaches wherein the radiofrequency identification chip is configured to perform a self-tuning of a respective input impedance and/or of an input impedance of the first antenna and the second antenna so as to compensate for varying surrounding dielectric/electromagnetic conditions (Paragraph [0060] teaches an RFID marker with a self-tuning circuit including an impedance tuning element). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the teaching of Toppan with the self-tuning of Rushing because this keeps the antenna from de-tuning in harsh environmental conditions (Paragraph [0060]).
Claim 18 is rejected under 35 U.S.C. 103 as being unpatentable over Toppan Forms Co. Ltd. (Toppan; WO2017/130956 – translation provided) in view of Dominak et al. (Dominak; US PG Pub #2004/0182494) as applied to claim 10 above, and further in view of Adamson et al. (Adamson; US PG Pub #2005/0275518).
As to claim 18, depending from the tire of claim 10, Toppan does not explicitly teach wherein:
a temperature sensor is integrated in the radiofrequency identification chip to measure temperature values; and
the radiofrequency identification chip is configured to transmit, via the first antenna and the second antenna, backscattered interrogation signals carrying the temperature values measured by the temperature sensor.
In the field of tire electronics, Adamson teaches a temperature sensor is integrated in the radiofrequency identification chip to measure temperature values; and
the radiofrequency identification chip is configured to transmit, via the first antenna and the second antenna, backscattered interrogation signals carrying the temperature values measured by the temperature sensor (Paragraph [0034] teaches additional sensor elements such as those suitable for monitoring temperature may be integrated with or coupled to an RF device so that measurements of the tire’s physical conditions may also be included in the communicated RF signals). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the teaching of Toppan with the temperature sensor of Adamson because such parameters are useful in tire monitoring and warning systems (Paragraph [0002]).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Wu et al. (US PG Pub #2017/0358839)
Schuermann (US Patent #5,479,171)
Gaspari et al. (US PG Pub #2018/0053083)
Contact Information
Any inquiry concerning this communication or earlier communications from the examiner should be directed to RYAN W SHERWIN whose telephone number is (571)270-7269. The examiner can normally be reached M-F, 7:00-8:00, 9:00-3:00 and 4:00-5:00 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, Steven Lim can be reached at 571.270.1210. 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.
/RYAN W SHERWIN/ Primary Examiner, Art Unit 2688