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 .
Election/Restrictions
Applicant’s election without traverse of a tubeless insert in which the positioning system is a pneumatic structure or a pneumatic structure configured to provide directional biased expansion of the insert in the reply filed on November 29, 2025 is acknowledged. It is further noted that claims 7 and 16 include an adjusting device and such a structural limitations correspond with a non-inventive embodiment (adjusting device is used in combination with a positioning system comprising a wire, a chain, a helical structure, a cord, or cable). Thus, the elected claims are 1, 2, 4, and 9-12.
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.
Claim(s) 1, 4, 9, and 11 is/are rejected under 35 U.S.C. 102(a1) as being anticipated by .
Lust (EP 2117850, of record).
As best depicted in Figures 1 and 2, Lust is directed to an insert comprising an annular body (combination of 2 and 6- Paragraph 22) and a positioning system or steel band “configured” to pull said annular body down into place against bead regions 4 (Paragraphs 26 and 27). It is clearly evident from Figures 1 and 2 that a second diameter of said body (claimed mean inner diameter Y) is smaller than a first diameter of said body (claimed mean inner diameter X). Lastly, regarding claim 1, said body necessarily has some degree of “shock absorbing characteristics”.
Regarding claim 4, Figures 1 and 2 depict a continuous structure at any point of a cross-section of the insert.
As to claim 9, bevelled edges 3 can be coated with a lubricant and thus, the annular body as a whole includes a first material (material of main body 6, for example) and a second material (lubricant) (Paragraph 25).
With respect to claim 11, the assembly of Lust includes rim 5.
5. Claim(s) 1, 4, 10, and 11 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Nozawa (JP 03273912).
As best depicted in Figure 1, Nozawa teaches an insert comprising an annular body 22 formed with a shape memory alloy and a heat generator or positioning system 20 designed to increase or decrease the volume (and thus the diameter) of said annular body. Figure 1 (as well as Figures 4, 9, and 10) specifically include hypothetical lines that indicate a maximum volume (and thus maximum diameter) of the annular body. Lastly, regarding claim 1, the positioning system of Nozawa is “configured” to vary the insert diameter when it is being installed on a rim and when it is installed on a rim (limitations correspond with an intended use of the insert and fail to further define the structure of the claimed insert).
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 tire regions that engage with rim 13 on respective sides correspond with first and second beads.
6. Claim(s) 1, 2, 4, 11, and 12 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Dubois (LU 82351).
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).
With respect to claims 2 and 12, the valve of Dubois is a pneumatic structure or a pneumatic system.
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.
Conclusion
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 December 23, 2025
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