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 .
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 1-9 and 17 are rejected under 35 U.S.C. 103 as being unpatentable over Rittweger (DE 102016218487, with English machine translation) in view of Matsumoto (US 20030084979).
Regarding claim 1, Rittweger discloses a vehicle tire comprising:
a tread which is provided for contacting the road surface, and two sidewalls which adjoin the tread, wherein at least one sidewall comprises at least one identifier region (see [0018-0020], see decorative surface 2, 2' on sidewall; tires inherently have treads for contacting the road surface);
wherein the identifier region comprises a plurality of identifier grooves which extend in the sidewall of the vehicle tire (see shallow depressions 1a in Figs. 1-3, [0020]);
wherein the identifier grooves have in each case one inner corrugation having a plurality of elongate elevations and depressions which in the interior of the identifier grooves run transversely to the longitudinal direction of the identifier grooves (see surface elevations 3a, 3b with depressions therebetween);
wherein that the elongate elevations and depressions, conjointly with the longitudinal direction of the identifier grooves, include in each case an angle in the range of 20° to 90° (the elevations are clearly illustrated with angles well within the 20 and 90 degrees relative to the extension of the recesses 1a, see Figs. 1, 2). Drawings and pictures can anticipate claims if they clearly show the structure which is claimed. In re Mraz, 455 F.2d 1069, 173 USPQ 25 (CCPA 1972). See MPEP 2125.
Rittweger discloses a spacing of the plurality of elongate elevations and depressions that varies along a longitudinal direction of the identifier grooves (Rittweger discloses that the first and second elevations can differ by their density to create a depth effect, [0009]). See annotated Fig. 1 a below.
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Rittweger discloses elevations are preferably essentially triangular or trapezoidal in cross-section ([0008])--thus Rittweger discloses triangular cross-sections. As to the height corresponding to 50 percent of a groove depth, it would have been obvious to a person having ordinary skill in the art prior to the effective filing date of the invention to have configured the elevations with height of 50% since Rittweger discloses the grooves (depressions 1a) have depths of 0.4 mm to 0.8 mm ([0024]) and elevations have height h1 of 0.15 to 0.6 mm, preferably 0.3 mm ([0025]), said ranges yielding height/depth ratios that include 50% (at 0.3 mm height, a groove depth of 0.4 to 0.8 yields a 38%-75% height ratio).
As to the "plurality of identifier grooves define an identifier in the at least one sidewall and the identifier includes labeling of information." Rittweger discloses a pattern of identifier grooves that form a sidewall decoration band (see Figs. 1,2; [0004]). While Rittweger does not disclose the identifier grooves as including labeling of information, it would have been obvious to a person having ordinary skill in the art prior to the effective filing date of the application to have include labeling of information since Matsumoto, similarly directed towards a tire sidewall, teaches providing information in a ridge/groove pattern by providing shallow parts 9, breaking parts 10, or raised protrusions 12 in the groove pattern to control visibility of the marking ([0044,0048,0055]). One would have been motivated to provide the mark to disclose a brand name or tire information ([0002]).
Regarding claim 2, there are more than five identifier grooves (see depressions 1a in Figs. 1, 2).
Regarding claim 3, the identifier grooves have varying width along their longitudinal direction (see depressions 1a in Figs. 1, 2).
Regarding claim 4, the identifier grooves extend at angle of 90 degrees to the radial direction in Fig. 2.
Regarding claim 5, the inner corrugation is disposed on the base of the identifier grooves (see Fig. 3).
Regarding claim 6, there are more than 15 elevations/depressions within the identifier grooves (see Figs. 1, 2).
Regarding claim 7, the elongate elevations or depressions extend across the periphery of the of the identifier groove to the other periphery of the identifier groove (see Fig. 1, 2). Additionally, Examiner notes that the elevations/depressions are provided for decorative effect and it would have been obvious to a person having ordinary skill in the art prior to the effective filing date of the invention to have configured the arrangement and extensions of the elevations/depressions across the identifier grooves based on aesthetic design choice.
Regarding claim 8, the elongate elevations/depressions are substantially mutually parallel within an identifier groove (see Figs. 1, 2).
Regarding claim 9, the elongate elevations/depressions of an identifier groove are at least partially co-aligned with elevations/depressions of an adjacent an identifier groove (see Figs. 1, 2).
Regarding claim 17, Rittweger discloses that very fine and small sized structures are formed in sidewall shells, which imprint correspondingly designed surface elements into the sidewall of the tire during vulcanization ([0031]).
Claims 10 and 11 are rejected under 35 U.S.C. 103 as being unpatentable over Rittweger (DE 102016218487, with English machine translation).
Regarding claim 10, Rittweger discloses a method for producing a vehicle tire wherein the structure of the tire sidewall is produced by vulcanization of a green tire within a vulcanization mold that has been milled or engraved accordingly to imprint the correspondingly designed surface elements in the sidewall ([0031]). While Rittweger does not expressly disclose a step of producing a non-vulcanized vehicle tire blank, comprising a vulcanizable rubber compound in at least one component of the sidewall of the non-vulcanized vehicle tire blank, it would have been obvious to a person having ordinary skill in the art prior to the effective filing date of the invention to have produced a non-vulcanized tire blank since Rittweger discloses that a green tire is vulcanized with the patterned mold ([0031])--thus, one would obviously need to produce a green tire.
As to step (b), Rittweger discloses the sidewall shell of vulcanization molds that vulcanize the raw tire as milled or engraved to form the surface element pattern of the sidewall ([0031]), thus a raw tire is produced and vulcanized to form the vehicle tire. Rittweger discloses the sidewall pattern as having elongate identifier grooves (recesses 1a) and corrugations with elevations/depressions within the grooves (see elevations 3a, 3b). As to the angle being 20 to 70 degrees, it would have been obvious to a person having ordinary skill in the art prior to the effective filing date of the invention to have configured the angles at 20 to 70 degrees since Rittweger clearly illustrates the elevations with angles well within the range of 20 and 70 degrees relative to the extension of the recesses 1a, see Figs. 1, 2. Given the mold is correspondingly designed to imprint the pattern, the mold would have corresponding elongate identifier elevations, corrugations of elevations/depressions, and the recited angle. The step of molding ([0031]) would provide the identifier region, identifier groove, inner corrugation, and elongate elements.
Rittweger discloses a spacing of the plurality of elongate elevations and depressions that varies along a longitudinal direction of the identifier grooves (see Figs. 1 and 2 wherein the density of the elevations/depressions changes along the longitudinal direction of the shallow depressions 1a--see first and second structured elements 5a, 5b and Fig. 3 with varied spacing a1 and a2; see [0009]).
As to performing a complimentary vulcanization using a complementary vulcanization mold to emboss an identifier of the identifier region, Rittweger discloses that very fine and small sized structures are formed in sidewall shells, which imprint correspondingly designed surface elements into the sidewall of the tire during vulcanization ([0031]). This is decorative band reads on an "identifier" as this decoration can be used to identify the type or brand of tires (observers can associate a decorative pattern with a particular tire brand/type).
Regarding claim 11, the identifier region is molded as a negative of the identifier embossing region (mold imprints the sidewall structure, [0031]).
Claims 12-16 are rejected under 35 U.S.C. 103 as being unpatentable over Rittweger (DE 102016218487, with English machine translation) in view of Matsumoto (US 20130263992).
Regarding claim 12, Rittweger discloses an identifier region on a sidewall of a vehicle tire (see sidewall 1 of Figs. 1), the identifier region comprising:
a plurality of identifier grooves having a longer length towards a center axis of the tire (see depressions 1a of Fig. 1 wherein triangular shaped depressions have longer length towards the center);
a plurality of groove widths of the plurality of identifier grooves that vary along a longitudinal direction of the plurality of identifier grooves (depressions 1a have variable widths along their longitudinal length, Fig. 1);
a plurality of inner corrugations (see elevations 3 at bottom of depression 1a; said elevations are inclined to the longitudinal direction);
a plurality of spacings of the plurality of inner corrugations to adjust contrast (the inner elevations 3 have variable spacing to create difference in light reflection, [0009], Fig. 3; Examiner notes that the claim does not require the spacings be different); and
a plurality of cross sections of the plurality of identifier grooves (the depressions 1a have plural cross-sections; Examiner notes that the claim does not particularly limit the cross-sections or require differences).
Rittweger does not expressly disclose the at an offset angle of 70 degrees from the longitudinal direction; however, it would have been obvious to a person having ordinary skill in the art prior to the effective filing date of the invention to have configured the corrugation with inclination of 70 degrees to the longitudinal direction since (1) Rittweger clearly illustrates the elevations 3a as inclined relative to the longitudinal direction of the depressions 1a (see Fig. 1) and one having ordinary skill in the art would have found it obvious to adjust the inclination of the elevations based on aesthetic design choice for the decorative pattern and (2) Matsumoto, similarly directed towards a tire sidewall having decorative corrugations, teaches configuring the inclination of serrations as not more than 45 degrees to the tire radial, preferably 10 to 30 degrees (i.e., more than 45 degrees, preferably 60-80 degrees, to the longitudinal direction) to reduce cracks and tensile stress ([0039]), said range overlapping the claimed range.
Regarding the identifier grooves having a groove length in the range of 0.1*u to 0.2*u wherein u is an internal circumference of the vehicle tire, Rittweger illustrates the identifier grooves (depressions 1a) as extending around a relatively small portion of the tire circumference--see Fig. 1 wherein Rittweger discloses the patterns form a spoke/net-like structure ([0021,0023]). While Rittweger does not expressly disclose the extent of these depressions relative to a tire inner circumference, Examiner notes that the depressions are formed as part of a decorative band extending around the sidewall ([0001,0003-0004]). Absent a showing of unexpected results, it would have been obvious to a person having ordinary skill in the art prior to the effective filing date of the invention to have configured the length of the depressions 1a of Rittweger as 0.1*u to 0.2*u since Rittweger discloses forming the depressions as extending for small lengths of the tire circumference to form a decorative pattern around the sidewall ([0001,0003-0004], Figs. 1, 2) and one of ordinary skill in the art would have found it obvious to adjust the dimensions of the depressions based on aesthetic design choice.
Regarding claim 13, Rittweger discloses the elevations are isosceles triangles in cross-section ([0025]). As to the height, it would have been obvious to a person having ordinary skill in the art prior to the effective filing date of the invention to have configured the elevations with height of 50% since Rittweger discloses the grooves (depressions 1a) have depths of 0.4 mm to 0.8 mm ([0024]) and elevations have height h1 of 0.15 to 0.6 mm, preferably 0.3 mm ([0025]), said ranges yielding height/depth ratios that include 50%.
Regarding claim 14, the space between the elevations is construed as a depression in the corrugation. As to the depression "height," it would have been obvious to a person having ordinary skill in the art prior to the effective filing date of the invention to have configured the depressions with height of 50% since Rittweger discloses the grooves (depressions 1a) have depths of 0.4 mm to 0.8 mm ([0024]) and elevations have height h1 of 0.15 to 0.6 mm, preferably 0.3 mm ([0025]), said ranges yielding height/depth ratios that include 50%.
Regarding claim 15, the limitation "a groove density, a groove width, a groove depth and dimensions of the inner corrugations are designed to adjusting the contrast" relates to the intended use of the pattern and does not require any particular structure not present in Rittweger. Examiner notes that Rittweger arranges the depressions 1a and the inner elevations 3 to provide a contrasting shadow effect in the pattern (see Fig. 1).
Regarding claim 16, Rittweger does not expressly disclose the elongate elevations have an angle of 45 to 65 degrees conjointly with the longitudinal direction of the identifier grooves; however, it would have been obvious to a person having ordinary skill in the art prior to the effective filing date of the invention to have configured the elevations with inclination of 45-65 degrees to the longitudinal direction since (1) Rittweger clearly illustrates the elevations 3a as inclined relative to the longitudinal direction of the depressions 1a (see Fig. 1) and one having ordinary skill in the art would have found it obvious to adjust the inclination of the elevations based on aesthetic design choice for the decorative pattern and (2) Matsumoto, similarly directed towards a tire sidewall having decorative corrugations, teaches configuring the inclination of serrations as not more than 45 degrees to the tire radial, preferably 10 to 30 degrees (i.e., more than 45 degrees, preferably 60-80 degrees, to the longitudinal direction) to reduce cracks and tensile stress ([0039]), said range overlapping the claimed range.
Response to Arguments
Applicant's arguments filed 5/05/2026 have been fully considered but they are not persuasive.
Regarding claim 1, Applicant argues that Rittweger does not teach the identifier includes labeling of information.
In response to the amendment, Examiner has made new grounds of rejection under Rittweger in view of Matsumoto (US 20030084979)(detailed above).
Regarding claim 10, Applicant argues that the cited art does not teach the identifier of claim 10.
Examiner disagrees. Rittweger's decorative band reads on an "identifier" as this decoration can be used to identify the type or brand of tires (observers can associate a decorative pattern with a particular tire brand/type).
Regarding claims 12-16, Applicant argues that the claims depend from claim 10, which is shown to be allowable.
Examiner notes that claims 12-16 do not depend from claim 10 and claim 10 has not been indicated as allowable.
Conclusion
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ROBERT C DYE whose telephone number is (571)270-7059. The examiner can normally be reached Monday - Friday, 9:00 am - 5:00 pm EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Anna Momper can be reached at (571) 270-5788. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ROBERT C DYE/Primary Examiner, Art Unit 3619
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