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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Drawings
The drawings are objected to because the figure does not comply with 37 C.F.R. 1.84(u)(1) (see MPEP 608.02(V)). Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Specifically,
(u) Numbering of views.
(1) The different views must be numbered in consecutive Arabic numerals, starting with 1, independent of the numbering of the sheets and, if possible, in the order in which they appear on the drawing sheet(s). Partial views intended to form one complete view, on one or several sheets, must be identified by the same number followed by a capital letter. View numbers must be preceded by the abbreviation "FIG." Where only a single view is used in an application to illustrate the claimed invention, it must not be numbered and the abbreviation "FIG." must not appear.
(emphasis added).
Specification
The lengthy specification has not been checked to the extent necessary to determine the presence of all possible minor errors. Applicant’s cooperation is requested in correcting any errors of which applicant may become aware in the specification.
Applicant is reminded of the proper content of an abstract of the disclosure.
A patent abstract is a concise statement of the technical disclosure of the patent and should include that which is new in the art to which the invention pertains. The abstract should not refer to purported merits or speculative applications of the invention and should not compare the invention with the prior art.
If the patent is of a basic nature, the entire technical disclosure may be new in the art, and the abstract should be directed to the entire disclosure. If the patent is in the nature of an improvement in an old apparatus, process, product, or composition, the abstract should include the technical disclosure of the improvement. The abstract should also mention by way of example any preferred modifications or alternatives.
Where applicable, the abstract should include the following: (1) if a machine or apparatus, its organization and operation; (2) if an article, its method of making; (3) if a chemical compound, its identity and use; (4) if a mixture, its ingredients; (5) if a process, the steps.
Extensive mechanical and design details of an apparatus should not be included in the abstract. The abstract should be in narrative form and generally limited to a single paragraph within the range of 50 to 150 words in length.
See MPEP § 608.01(b) for guidelines for the preparation of patent abstracts.
The abstract of the disclosure is objected to because it refers to purported merits of the invention and is not in a single paragraph (one way to overcome this objection would be to delete the last sentence in lines 9-10, in line 9 change “the following inequality (1)” to -- (A/B) x 100 > 1 -- , and delete line 11). A corrected abstract of the disclosure is required and must be presented on a separate sheet, apart from any other text. See MPEP § 608.01(b).
The title of the invention is not descriptive. A new title is required that is clearly indicative of the invention to which the claims are directed.
The following title is suggested: TIRE WITH SPECIFIED RUBBER COMPRISING RECOVERED CARBON BLACK.
Claim Interpretation
The term “filler” is defined in specification paragraph 0050 as reinforcing filler including the recovered carbon black and any other reinforcing filler (e.g. usual carbon black, silica) used in the tire industry.
The term “recovered carbon black” (also known as recycled carbon or rCB) is defined in specification paragraph 0043.
The claimed tire is defined as a pneumatic tire in specification paragraphs 0039-0042.
Claim Objections
Claim 14 is objected to because of the following informalities: in line 3 to correct a typographical error “toping” should be changed to -- topping -- . Appropriate correction is required.
Claim Rejections - 35 USC § 112
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.
Claims 1-15 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.
In claim 1, to provide proper grammar and antecedent basis, applicant should amend the claim such that between lines 1 and 2 is inserted -- a tread part, -- , in line 2 “a tread part” is changed to -- the tread part -- , and lines 3-6 are rewritten as -- a carcass that is arranged on the inner sides of the sidewall rubbers in a tire width direction, the carcass having a carcass cord topping rubber, a breaker that is arranged on the outer side of the carcass in a tire radial direction and on the inner side of the tread part, the breaker having a breaker topping rubber, and -- .
In claim 2, to clarify that it further limits claim 1, applicant should amend the claim such that “the right side of the inequality (1) is 5” is changed to -- (A/B) x 100 > 5 -- .
In claim 3, to clarify that it further limits claim 1, applicant should amend the claim such that “the right side of the inequality (1) is 6” is changed to -- (A/B) x 100 > 6 -- .
In claim 4 line 5, to provide proper antecedent basis, applicant should amend the claim such that “a position” is changed to -- each position -- .
In claim 8 line 1, to provide proper antecedent basis, applicant should amend the claim such that “a rubber” is changed to -- the at least one rubber -- .
In claim 9 line 1, to provide proper antecedent basis, applicant should amend the claim such that “a rubber” is changed to -- the at least one rubber -- .
In claim 10 line 1, to provide proper antecedent basis, applicant should amend the claim such that “a rubber” is changed to -- the at least one rubber -- .
In claim 11 line 1, to provide proper antecedent basis, applicant should amend the claim such that “a rubber” is changed to -- the at least one rubber member -- .
In claim 12 line 1, to provide proper antecedent basis, applicant should amend the claim such that “a rubber” is changed to -- the at least one rubber member -- .
In claim 13 line 1, to provide proper antecedent basis, applicant should amend the claim such that “a rubber” is changed to -- the at least one rubber member -- .
Allowable Subject Matter
Claims 1-15 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action.
US 2018/0009971 A1 cited by applicant discloses a rubber composition where the ratio of recovered carbon black to oil is greater than 1 but not the claimed (A/B) x 100 > 1 where A is the total amount in g of the recovered carbon black in all of the sidewall rubbers, carcass cord topping rubber, breaker topping rubber, and inner liner rubber and B is the total amount of the oil in the whole tire. The prior art of record fails to disclose or suggest applicant’s tire, including satisfying the particular (A/B) x 100 > 1 where A is the total amount in g of the recovered carbon black in all of the sidewall rubbers, carcass cord topping rubber, breaker topping rubber, and inner liner rubber and B is the total amount of the oil in the whole tire, in the claimed environment.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Adrienne C. Johnstone whose telephone number is (571)272-1218. The examiner can normally be reached M-F 1PM-5PM.
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, Katelyn Smith can be reached at 571-270-5545. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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ADRIENNE C. JOHNSTONE
Primary Examiner
Art Unit 1749
Adrienne Johnstone /ADRIENNE C. JOHNSTONE/ Primary Examiner, Art Unit 1749 June 25, 2026
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