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 .
Status of Claims:
Claims 1-20 are pending.
Claims 1-10 and 16-20 of Group I are elected without traverse.
Claims 11-15 are hereby withdrawn, belonging to unelected Group II.
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 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.
Claim 1-10 and 16-20 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.
Regarding Claims 1 and 16, the recitations of the term “substantially”, which is a relative term which renders the claims indefinite. The term “substantially” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. In line 3 of each claim, the recitation of “the upper ring being substantially coaxial with the lower ring” is indefinite by the use of the term “substantially”, because it is not clear to what degree the rings are coaxial. It is suggested by the Examiner to delete the word substantially, for greater clarity.
Regarding Claims 4, the recitations of the term “substantially”, which is a relative term which renders the claims indefinite. The term “substantially” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. In line 3, the recitation of “a radius of curvature of the curved portion is substantially equal to a radius of curvature of the transition portion” is indefinite by the use of the term “substantially”, because it is not clear to what degree the radii or curvature are equal. . It is suggested by the Examiner to delete the word substantially, for greater clarity.
Claim Rejections - 35 USC § 102
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-8 and 16, 18-20 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by EP-3216622 to Hasegawa (“Hasegawa”).
Regarding Claim 1, Hasegawa discloses a non-pneumatic tire comprising (1): a lower ring (12 “cylindrical exterior body” or 11 “”, Fig 1-5) having a first diameter (Fig 2) an upper ring (13 “ring shaped body”, 16 “ “) having a second diameter (Fig 2) the upper ring being coaxial with (Fig 2) the lower ring; and a support structure (15) connecting the lower ring to the upper ring, the support structure being made up of a plurality of spokes (21, 22,”elastic coupling plates”, Para 26 Figs 1,2), the plurality of spokes being arranged into a first spoke group (21, Figs 1,2 and a second spoke group (22, Figs 1,2 ) that is axially spaced from (Fig 1) the first spoke group, each one of the plurality of spokes comprising: a first end (21b, 22b, Figs 1-3) connected to the lower ring; a second end (21a, 22a Figs 1-3) connected to the upper ring; a transition portion (concave curved portion between 4 and 13 where callout for 21a, 22a Fig 6 “outer end portion”, Fig ) located between the (Figs 1-3) first end and the second end; and a helper spring (4 “reinforcing members” [reinforcement of elastic resin by reinforcement members is known in the art to reinforce strength thereof, thus reducing stress therein], with “end portions” 4a [i.e. second end] , Fig 5 and 4b “first end], Fig 5, “concave portion” concavely curved portion with respect to lower ring[ e.g. knee], and convexly curved with respect to upper ring ,located along 4d “main body portion”, concavely curved with respect to lower ring, and convexly curved with respect to upper ring, Figs 2-5, 7-16. Shown in embodiments 4A-4G, Para 44-47, Para 68 Fig 9, Para 71 Fig 10, Para 75 Fig 11: have reinforcement located centrally in thickness of 21, 22. Specifically embodiment 4G “reinforcing member” located on a surface of 21, 22 [e.g. helper spring] Para 87; “one, or two of 4G disposed at opposite ends”, Para 88; “disposed at an appropriate position for reinforcement of a limited portion on which stress is concentrated” thus reinforcement members 4G, could be on upper [above spoke] or lower [below spoke] (shown Fig 15) side of 21, 22] Para 89, Fig 15 shows one 4G on lower portion of 21, 22 Para 87-89, Fig 15) in various embodiments: Figs 5-6, 4A Fig 9, 4B Fig 10, 4C Fig 11, 4D Fig 12, 4E Fig 13, 4F Fig 14, 4G Fig 15, Figs 4-6 16, Para 44-47).
Regarding Claim 2, Hasegawa (Figs 1-7, English Translation “ET” pages discloses the non-pneumatic tire of claim 1, wherein the helper spring is located radially above the spoke (as described in paragraph 7 of this document).
Regarding Claim 3, Hasegawa discloses the non-pneumatic tire of claim 1, wherein the helper spring is located radially below the spoke (as described in paragraph 7 of this document).
Regarding Claim 4, Hasegawa discloses the non-pneumatic tire of claim 1, wherein the helper spring includes a curved portion (in between a first end and a second end (as described in paragraph 11 of this document), and wherein a radius of curvature of the curved portion is
Regarding Claim 5, Hasegawa discloses the non-pneumatic tire of claim 1, wherein the helper spring is attached to the spoke along a bond region (BRI: interface of attachment between spring and spoke ), the bond region extending along 20%-100% (helper spring 4 is embedded in spoke the full length, thus bond region is 100% thereof, Fig 4; helper springs 4a, 4b in Fig 12, and 4g in Fig 15 are between 20% to less than 100% along the spoke as shown Figs 12, 15 ) of the length of the helper spring.
Regarding Claim 6, Hasegawa discloses the non-pneumatic tire of claim 1, wherein the spoke further includes a knee portion (as described in paragraph 7 of this document) located between the transition portion and the second end, and wherein the helper spring includes a first end and a second end, the first end of the helper spring being aligned with the first end of the spoke, the second end of the helper spring being located less than midway between the transition portion and the knee portion of the spoke.
Regarding Claim 7, Hasegawa discloses the non-pneumatic tire of claim 1, wherein the helper spring includes a curved portion (in transition portion as described in paragraph 7 of this document) between a first end and a second end, the curved portion being adjacent the transition portion of the spoke, the second end being one of square-shaped, beveled, and elliptical-shaped in plan view Specifically the second end being one of square-shaped (Fig 4a has a square shape Fig 10)
Regarding Claim 8, Hasegawa discloses the non-pneumatic tire of claim 1, wherein the helper spring includes a curved portion (in transition portion as described in paragraph 7 of this document) between a first end and a second end, an edge of the second end being one of square, chamfered, and rounded. Specifically, the second end being one of square-shaped (Fig 4a has a square shape Fig 10)
Regarding Claim 16, Hasegawa discloses a non-pneumatic tire comprising (1): a lower ring (12 “cylindrical exterior body” or 11 “”, Fig 1-5) having a first diameter (Fig 2) an upper ring (13 “ring shaped body”, 16 “ “) having a second diameter (Fig 2) the upper ring being coaxial with (Fig 2) the lower ring; and a support structure (15) connecting the lower ring to the upper ring, the support structure being made up of a plurality of spokes (21, 22, Figs 1,2), each one of the plurality of spokes being provided with a helper spring (4 “reinforcing members” [reinforcement of elastic resin by reinforcement members is known in the art to reinforce strength thereof, thus reducing stress therein], with “end portions” 4a [i.e. second end] , Fig 5 and 4b “first end], Fig 5, “concave portion” concavely curved portion with respect to lower ring[ e.g. knee], and convexly curved with respect to upper ring located along 4d “main body portion” Figs 2-5, 7-16. Shown in embodiments 4A-4G, Para 44-47, Para 68 Fig 9, Para 71 Fig 10, Para 75 Fig 11: have reinforcement located centrally in thickness of 21, 22. Specifically embodiment 4G “reinforcing member” located on a surface of 21, 22 [e.g. helper spring] Para 87, “one, or two of 4G disposed at opposite ends” Para 88 “disposed at an appropriate position for reinforcement of a limited portion on which stress is concentrated” Para 89 [i.e. could be on upper or lower side of 21, 22], Fig 15 shows one 4G on lower portion of 21, 22 Para 87-89, Fig 15) in various embodiments: Figs 5-6, 4A Fig 9, 4B Fig 10, 4C Fig 11, 4D Fig 12, 4E Fig 13, 4F Fig 14, 4G Fig 15, Figs 4-6 16, Para 44-47) nesting (Fig 15, shows 4G nested with 4d, Para 93) with a curved portion (concave curved portion between 4a and 4b, Para 93) the helper spring being arranged and configured to reduce stress in an associated spoke (as just described).
Regarding Claim 18, Hasegawa discloses the non-pneumatic tire of claim 16, wherein the plurality of spokes are arranged into a first spoke group (21, Figs 1,2 and a second spoke group (22, Figs 1,2 ) that is axially spaced from (Fig 1) the first spoke group and a second spoke group that is axially spaced from the first spoke group.
Regarding Claim 19, Hasegawa discloses the non-pneumatic tire of claim 18, wherein the spokes of the first spoke group (21) are curved (Fig 3) relative to a first circumferential direction (counterclockwise, Fig 3) of the tire, and the spokes of the second spoke group (22) are convexly curved (counterclockwise) relative to the first circumferential direction of the tire.
Regarding Claim 20, Hasegawa discloses the non-pneumatic tire of claim 16, wherein each one of the plurality of spokes comprises: a first end connected to the lower ring; a second end connected to the upper ring; a knee portion located between the first end and the second end, the knee portion being concavely curved () relative to the lower ring; and a transition portion located between the first end and the knee portion, the transition portion being convexly curved relative to the lower ring (as described in paragraph
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.
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) 9-10, and 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hasegawa as applied to claim 1 above, and further in view of JP-2016107751-A to Kono (“Kono”).
Regarding Claim 9, Hasegawa discloses the non-pneumatic tire of claim 1, including a helper spring [4G “reinforcing member”] attached to spokes [21, 22 “elastic coupling plates”), but does not disclose wherein at least one spoke comprises a buffer between the helper spring and the spoke.
Kono (English Translation “ET”, Pages 1-12, Figs 1-13) discloses a non-pneumatic tire (1, Fig 2), having at least one spoke (21, 22 “elastic connecting plates, Figs 2,12), wherein at least one spoke comprises a buffer (7 “a urethane member/elastic regulating/restricting portion”, [i.e. plastic] between 21, 22 plates, to regulate/ prevent interference of coupling plates, Abstract, ET Page 10, Para 4 beginning “In the non-pneumatic tire. 1B according to the third…”, Claim 2, Fig 12, 13) to “regulate the interference/restrict interference between connecting plates” [i.e. spokes], (Claim 2) “elastic restricting portion …restricting interference between the elastic coupling plates” [i.e. spokes], thus prevent contact between spokes during deflection, Fig 12, Fig 13 ) between the helper spring and the spoke.
The difference between the disclosure in the claimed invention and the prior art, is that the prior art does not disclose the non-pneumatic tire having spokes with attached helper springs and the non-pneumatic tire having a buffer between adjacent spokes, in a single combined apparatus.
It would have been obvious to one skilled in the art before the effective filing date of the claimed invention to have combined the non-pneumatic tire having spokes with attached helper springs of Hasegawa and the teaching of the non-pneumatic tire having a buffer between adjacent spokes of Kono, to modify the non-pneumatic tire (of Hasegawa) such that it includes a buffer between adjacent spokes (like Kono), with the motivation to regulate the interference/restrict interference between connecting plates thus preventing contact between spokes during deflection (Abstract, ET Page 10, Para 4, claim 2, Figs 12, 13), having an expectation of equivalent function and a reasonable expectation of success.
Regarding Claim 10, the combination of Hasegawa and Kono discloses the non-pneumatic tire of claim 9, wherein the buffer is made up of at least one of plastic, metal, carbon fiber reinforced polymer, glass reinforced polymer, and ceramics. Specifically, the buffer is plastic as described in paragraph 25 of this document).
Regarding Claim 17, Hasegawa discloses the non-pneumatic tire of claim 16, including elastic connecting portions having reinforcement, capable of deforming underloading, but does not disclose wherein at least three adjacent spokes of the plurality of spokes are in simultaneous contact with one another upon the occurrence of the high impact event.
Kono (English Translation “ET”, Pages 1-12, Figs 1-13) discloses a non-pneumatic tire (1, Fig 2), including a support structure (15 “coupling member”) including a plurality of spokes (21, 22 “elastic connecting plates, Figs 2,12) wherein at least three adjacent spokes of the plurality of spokes are in simultaneous contact upon the occurrence of the high impact event (“first (21) and second (22) elastic connecting plates can be easily deformed”, (English Translation “ET” Page 3 Para 9 beginning “The connecting member 25....”, lines 5-7, continuing on Page 5; Page 12, Top paragraph beginning “connection board…”, line 10; the invention of Kono relates to methods of preventing contact between connection plates, but without such methods [Abstract “coupling members is freely displaced”, Page 10, Para 9, beginning “the configuration of the…”, last line “reinforcing member 4 can be omitted”], the connection plates under loading would deform and contact like the conventional non-pneumatic tire shown in Figure 13 in state in which compression load was added, wherein at least 3 adjacent connection plates/spokes are in simultaneous contact, Page 12, Para 1 top of page, beginning “connection board…”, last 4 lines describing Fig 13).
The difference between the disclosure in the claimed invention and the prior art, is that the prior art does not disclose the non-pneumatic tire and the non-pneumatic tire wherein at least three adjacent spokes of the plurality of spokes are in simultaneous contact upon the occurrence of the high impact event, in a single combined apparatus.
It would have been obvious to one skilled in the art before the effective filing date of the claimed invention to have combined the non-pneumatic tire of Hasegawa and teaching of the non-pneumatic tire wherein at least three adjacent spokes of the plurality of spokes are in simultaneous contact upon the occurrence of the high impact event of Kono, to modify the spokes (of Hasegawa) such that at least three adjacent spokes of the are in simultaneous contact upon the occurrence of the high impact event (like Kono) with the motivation to ensure the spokes have a desired degree of resilience through elastic deformation of the spokes (Kono: Abstract “freely displaced”, Page 10 Para 9 last line, 12 Para 1 last 4 lines describing Fig 13) and to improve the durability of the spokes/coupling members (Hasegawa Para 5, 9) having an expectation of equivalent function and a reasonable expectation of success.
The prior art made of record and not relied upon listed in PTO-892 is considered pertinent to applicant's disclosure: and discloses at least one of : a non-pneumatic tire, having an inner ring and an outer ring, a plurality of spokes in two groups, formed of elastomeric material with reinforcement, extending between in inner ring and outer ring, each having a first end and a second end, having a knee a transition portions, curved portions being concave in a circumferential direction and convex in another circumferential direction, capable of deforming under loading to contact eachother.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to EVA LYNN COMINO whose telephone number is (571)270-5839. The examiner can normally be reached M-F 8:00-5:30.
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, Joe 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.
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.
/EVA L COMINO/Examiner, Art Unit 3615
/S. Joseph Morano/Supervisory Patent Examiner, Art Unit 3615
