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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on July 27, 2026 has been entered.
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 and 4 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Caretta (JP 2000-190701, newly cited).
As best depicted in Figures 1, 3, and 4, Caretta is directed to a tubeless tire insert or annular body 3 including a positioning system or valve system 4 that can inflate, deflate, and regulate pressurized air within said insert. A valve system that controls the flow of air is seen to constitute a pneumatic system. Caretta further states that different materials can be used in the core region of the insert, as compared to the sidewall region of the insert, to form regions with different stiffness properties. See the modified figure below.
PNG
media_image1.png
644
922
media_image1.png
Greyscale
It is further noted that the claims as currently drafted are directed to an insert and tire including an insert and limitations pertaining to the method of arranging an insert within a wheel assembly fails to further define the structure of the claimed articles. Given that the valve or positioning system can inflate or deflate the insert, it reasons that a mean inner diameter of the insert can be greater when said insert is being installed on a rim, as compared to when said insert is installed on said rim (simply required that the claimed insert has the capability of being provided such that first and second diameters are present at first and second conditions).
Regarding claim 4, the core region is formed with a material or composition that demonstrates greater rigidity, as compared to the sidewall regions.
5. Claim(s) 1, 4, 10, and 11 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kumho (KR 10-2008-0002311, newly cited).
As best depicted in Figures 1-4, Kumho is directed to an annular tire tube or body comprising a mixture of a shape memory alloy and a rubber compound (Abstract). This corresponds with a first material and an additional material that is different from said first material. Kumho further states that the tube or insert is expansible via a pneumatic or hydraulic pump and such can correspond with the claimed positioning system (Figures 2a-2c illustrate a change in geometry.
Lastly, regarding claims 1 and 11, the claims as currently drafted are directed to an insert and tire including an insert and limitations pertaining to the method of arranging an insert within a wheel assembly fails to further define the structure of the claimed articles. Given that the pneumatic or hydraulic pump can inflate or deflate the insert, it reasons that a mean inner diameter of the insert can be greater when said insert is being installed on a rim, as compared to when said insert is installed on said rim (simply required that the claimed insert has the capability of being provided such that first and second diameters are present at first and second conditions).
With respect to claims 4 and 10, Kumho includes different materials (shape memory alloy and rubber- combination of materials defines the claimed insert) and such satisfies the claimed invention.
Regarding claim 11, the tire of Kumho necessarily includes beads (those regions that are placed directly on the rim) and a wheel rim necessarily includes a rim bed (any arbitrary region between respective bead regions or bead seats of the tire). Additionally, as detailed above, the expansible tube of Kumho, which corresponds with the claimed annular body, is formed with a shape memory alloy.
Response to Arguments
6. Applicant’s arguments with respect to claim(s) 1 and 4 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
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.
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.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
Justin Fischer
/JUSTIN R FISCHER/Primary Examiner, Art Unit 1749 August 19, 2026
Prosecution Insights