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 § 102
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
3. Claim(s) 1, 4, and 11 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Dubois (LU 82351, of record).
As best depicted in Figure 2, Dubois teaches an insert comprising an annular body 3” and a valve or positioning system (for said annular body- not depicted), wherein a mean inner diameter of said body during mounting of the tire on a rim (Figure 2) is greater than a mean inner diameter of said body when the tire is mounted on said rim (Figure 1- reference character 3 with thickness “e” corresponds with an inflated annular body). Additionally, the valve of Dubois (and associated inflation means) is a pneumatic system “configured to provide directional biased expansion of the insert” (unclear how the claim language defines over the structure and capability of the inflation valve of Dubois).
Regarding claim 4, any region of the annular body can be viewed as a “first portion” and any region of the annular body can be viewed as a “second portion”, wherein all of the portions are formed with the same material.
As to claim 11, the assembly of Dubois includes rim 4. Additionally, the tire of Dubois includes first and second bead regions 22.
Allowable Subject Matter
4. Claim 9 and 10 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Response to Arguments
5. Applicant's arguments filed February 24, 2026 have been fully considered but they are not persuasive. Applicant simply states DuBois does not teach or suggest a pneumatic system configured to provide directional biased expansion of the insert. It is unclear exactly how the valve and inflation means of DuBois is not capable of or configured to provide the claimed expansion. It is emphasized that the claims as currently drafted are directed to an insert and an assembly including an insert, as opposed to a method in which biased expansion of the insert is actually carried out.
Conclusion
6. 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.
7. Any inquiry concerning this communication or earlier communications from the examiner should be directed to JUSTIN R FISCHER whose telephone number is (571)272-1215. The examiner can normally be reached M-F 5:30-2:00.
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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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Justin Fischer
/JUSTIN R FISCHER/Primary Examiner, Art Unit 1749 May 21, 2026
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