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 .
Information Disclosure Statement
The information disclosure statements (IDS) submitted on December 10, 2024 and October 30, 2025 are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Claim Rejections - 35 USC § 103
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 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 1-20 are rejected under 35 U.S.C. 103 as being unpatentable over Gallagher et al. (USPGPub 2020/0254820) in view of Kim et al. (USP 10,538,130).
Regarding claim 1: Gallagher discloses a gauge wheel tire (as seen in figure 2, at 202), comprising:
an elastomeric ground engaging portion (as seen in figure 4B, at 410);
a first elastomeric sidewall portion(as seen in figure 4B, at 402) attached to the elastomeric ground engaging portion;
a second elastomeric sidewall portion (as seen in figure 4B, at 404) attached to the elastomeric ground engaging portion;
an elastomeric axial support portion (as seen in figure 4B, at 304) attached to the first elastomeric sidewall portion and the second elastomeric sidewall portion opposite the elastomeric ground engaging portion (as seen in figure 4B), wherein the elastomeric ground engaging portion, the first elastomeric sidewall portion, the second elastomeric sidewall portion, and the elastomeric axial support portion define an annular cavity (as seen in figure 4B, at 412).
Further, Gallagher discloses least a first member (as seen in figure 4B, at 406), which is both flexible and resilient, positioned in the annular cavity and fixedly attached to the elastomeric ground engaging portion and/or the elastomeric axial support portion (as seen in figure 4B), wherein the first member has a first surface and a second surface that faces away from the first surface (as seen in figure 4B) but fails to show the first member being configured and arranged so that application of a force to the elastomeric ground engaging portion along a first line that intercepts and is perpendicular to an axis of rotation of the gauge wheel tire generates a compression force within the first member adjacent the first surface and a tension force within the first member adjacent the second surface. However, Kim teaches that it is well known in the tire art to provide a gauge wheel tire with such members (as seen in figure 3). Kim discloses a first member having a first surface and a second surface that faces away from the first surface (as seen in figure 4B) wherein the first member is configured and arranged so that application of a force to an elastomeric ground engaging portion along a first line that intercepts and is perpendicular to an axis of rotation of the gauge wheel tire generates a compression force within the first member adjacent the first surface and a tension force within the first member adjacent the second surface (as seen in annotated figure 3 below).
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Therefore it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to provide the device of Gallagher with the teachings of Kim since it would be a simple matter of combining prior art elements according to known methods to yield the predictable results of a gauge wheel tire having greater internal support and better able to be employed over differing terrain environments, absent any showing to the contrary.
Regarding claims 2 and 3: Gallagher as modified by Kim discloses the gauge wheel tire of claim 1. Further, the resultant device of Gallagher as modified by Kim would obviously have the first member is fixedly attached to each of the first elastomeric sidewall portion, the elastomeric ground engaging portion and the elastomeric axial support portion (as seen when combining figure 3 of Kim to replace members 406 in figure 4B of Gallagher).
Regarding claim 4: Gallagher as modified by Kim discloses the gauge wheel tire of claim 1. Further, Gallagher discloses a first seam between respective portions of the elastomeric ground engaging portion; and there is a second seam between respective portions of the elastomeric axial support portion (as seen in figure 4B, at 408).
Regarding claims 5 and 6: Gallagher as modified by Kim discloses the gauge wheel tire of claim 4. Further, Gallagher discloses the use of both thermal welding (pages 3 and 4, paragraphs [0051] to [0052]) and adhesives (pages 3 and 4, paragraphs [0049] and [0052]) as seam sealing means.
Regarding claim 7: Gallagher as modified by Kim discloses the gauge wheel tire of claim 1. Further, Gallagher discloses wherein the elastomeric axial support portion includes at least one flange that defines an annular cavity adapted to receive a circular gauge wheel rim portion (as seen in figure 4B, at 414).
Regarding claim 8: Gallagher as modified by Kim discloses the gauge wheel tire of claim 1. Further, Gallagher discloses wherein a hardness of at least the elastomeric ground engaging portion is between 85 Shore A and 95 Shore A (page 3, paragraph [0045] and claim 7).
Regarding claims 9 and 10: Gallagher as modified by Kim discloses the gauge wheel tire of claim 1. Further, the resultant device of Gallagher as modified by Kim would obviously have a second member, which is both flexible and resilient, positioned in the annular cavity and fixedly attached to the elastomeric ground engaging portion and/or the elastomeric axial support portion, wherein the second member: has a third surface and a fourth surface that faces away from the third surface, and is configured and arranged so that application of the force to the elastomeric ground engaging portion along a second line that intercepts and is perpendicular to the axis of rotation of the gauge wheel tire generates a compression force within the second member adjacent the third surface and a tension force within the second member adjacent the fourth surface as well as the first member is fixedly attached to the first elastomeric sidewall portion, and the second member is fixedly attached to the second elastomeric sidewall portion (as seen when combining figure 3 of Kim to replace members 406 in figure 4B of Gallagher).
Regarding claim 11: Gallagher as modified by Kim discloses the gauge wheel tire of claim 1. Further, Gallagher discloses wherein the device comprises an elastomeric protrusion portion extending axially from the first elastomeric sidewall portion (as seen in figure 8B, immediately above 814), the elastomeric protrusion portion including a generally flat region adapted to contact and clean debris from a disc or knife of an agricultural planter (page 3, paragraph [0043]).
Regarding method claims 12-20: In view of the structure as disclosed by Gallagher as modified by Kim, the method of making the gauge wheel tire would be obvious since it is the normal and logical means by which the device could be constructed, absent any showing to the contrary.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Knotowicz et al. (USPGPub 2020/0016933) discloses the state of the art gauge wheel tire and support structure.
Manesh et al. (USP 11,014,407) discloses a tire having various internal support means.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ROBERT ERIC PEZZUTO whose telephone number is (703)756-1320. The examiner can normally be reached Monday-Friday 7am-3:30pm.
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/ROBERT E PEZZUTO/ Examiner, Art Unit 3671
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