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 § 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 14-15 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 14 recites the limitation "the grooves" in line 13. There is insufficient antecedent basis for this limitation in the claim. Claim 15 is also rejected as depending upon claim 14.
Claim 15 is 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 14 defines a plurality of grooves, but claim 15 which depends upon it refers to “the groove”, and thus there is a singular/plural mismatch.
Allowable Subject Matter
Claims 14-15 would be allowable if the rejections under 35 U.S.C. 112 above are overcome.
The following is a statement of reasons for the indication of allowable subject matter: Murata is taken to be the closest prior art of record. Regarding claims 14-15, Murata does not teach or suggest, in addition to the other claimed limitations, that a plurality of grooves are formed in the second tread surface, in the context of claim 14, and there is no teaching or suggestion in the prior art of record to modify Murata to arrive at such a configuration.
Claims 1-13 and 16 are allowed.
The following is an examiner’s statement of reasons for allowance: Murata is taken to be the closest prior art of record. Regarding claims 1-11 and 16, Murata does not teach or suggest, in addition to the other claimed limitations, that an edge is formed at a point at which the first side surface and the second tread surface intersect each other, in the context of claim 1, and there is no teaching or suggestion in the prior art of record to modify Murata to arrive at such a configuration.
Regarding claims 12-13, Murata teaches a groove 31b formed on a portion of the first side surface outward of the midpoint in the radial direction (see figure 4), and the claim requires the absence of such a feature, in the context of claim 12, and there is no teaching or suggestion in the prior art of record to modify Murata to arrive at the claimed configuration.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Response to Arguments
Applicant’s amendments and arguments with respect to the prior art rejections of the claims have been fully considered and are persuasive. The prior art rejections of the claims have been withdrawn.
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.
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/P.N.S/ Examiner, Art Unit 1749 February 17, 2026
/JUSTIN R FISCHER/Primary Examiner, Art Unit 1749