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 .
REQUIREMENT FOR UNITY OF INVENTION
As provided in 37 CFR 1.475(a), a national stage application shall relate to one invention only or to a group of inventions so linked as to form a single general inventive concept (“requirement of unity of invention”). Where a group of inventions is claimed in a national stage application, the requirement of unity of invention shall be fulfilled only when there is a technical relationship among those inventions involving one or more of the same or corresponding special technical features. The expression “special technical features” shall mean those technical features that define a contribution which each of the claimed inventions, considered as a whole, makes over the prior art.
The determination whether a group of inventions is so linked as to form a single general inventive concept shall be made without regard to whether the inventions are claimed in separate claims or as alternatives within a single claim. See 37 CFR 1.475(e).
When Claims Are Directed to Multiple Categories of Inventions:
As provided in 37 CFR 1.475 (b), a national stage application containing claims to different categories of invention will be considered to have unity of invention if the claims are drawn only to one of the following combinations of categories:
(1) A product and a process specially adapted for the manufacture of said product; or
(2) A product and a process of use of said product; or
(3) A product, a process specially adapted for the manufacture of the said product, and a use of the said product; or
(4) A process and an apparatus or means specifically designed for carrying out the said process; or
(5) A product, a process specially adapted for the manufacture of the said product, and an apparatus or means specifically designed for carrying out the said process.
Otherwise, unity of invention might not be present. See 37 CFR 1.475 (c).
Restriction is required under 35 U.S.C. 121 and 372.
This application contains the following inventions or groups of inventions which are not so linked as to form a single general inventive concept under PCT Rule 13.1.
In accordance with 37 CFR 1.499, applicant is required, in reply to this action, to elect a single invention to which the claims must be restricted.
Group I, claim(s) 1-8, drawn to a method of treading a tire.
Group II, claim(s) 9-16, drawn to a method of forming a tread element.
Group III, claim(s) 17-20, drawn to a method of treading a tire through the application of multiple layers.
The groups of inventions listed above do not relate to a single general inventive concept under PCT Rule 13.1 because, under PCT Rule 13.2, they lack the same or corresponding special technical features for the following reasons:
Groups I and II lack unity of invention because even though the inventions of these groups require the technical feature of applying a layer of uncured material to a surface, directing a curing source to the layer of uncured material and curing said layer, this technical feature is not a special technical feature as it does not make a contribution over the prior art in view of Jabri (DE102016203885) (machine translation) (of record). Jabri discloses a method of applying a layer of uncured material to a surface ([0015]), directing a curing source to the layer of uncured material ([0015]) and curing said layer ([0015]).
Groups I and III lack unity of invention because even though the inventions of these groups require the technical feature of applying a layer of uncured material onto a tire casing, directing a curing source to the layer of uncured material and curing said layer, this technical feature is not a special technical feature as it does not make a contribution over the prior art in view of Jabri (DE102016203885) (machine translation) (of record). Jabri discloses a method of applying a layer of uncured material to a tire casing ([0015]), directing a curing source to the layer of uncured material ([0015]) and curing said layer ([0015]).
Groups II and III lack unity of invention because even though the inventions of these groups require the technical feature of applying a first layer of uncured material onto a tire casing, directing a curing source to the first layer of uncured material, curing said layer, applying a second layer of material over the cured first layer, directing the curing source to a portion of the second layer of material and curing said second layer of material, this technical feature is not a special technical feature as it does not make a contribution over the prior art in view of Jabri (DE102016203885) (machine translation) (of record). Jabri discloses a method of applying a first layer of uncured material onto a tire casing, directing a curing source to the first layer of uncured material, curing said layer, applying a second layer of material over the cured first layer, directing the curing source to a portion of the second layer of material and curing said second layer of material ([0015], [0016]).
This application contains claims directed to more than one species of the generic invention. These species are deemed to lack unity of invention because they are not so linked as to form a single general inventive concept under PCT Rule 13.1.
The first group of species are as follows:
Species A: the removal process using a solvent, [0027]
Species B: the removal process using a blower, a vacuum or an absorbent roller, [0028]
Species C: the removal process using at least one energy source, [0029]
The second group of species are as follows:
Species D: application of the first layer of material using a roller or sprayer, [0025]
Species E: application of the first layer of material using film deposition, [0025]
Species A, B and C lacky unity of inventions because even though the inventions of these species requires the technical feature of a method of treading a tire comprising: providing a tire casing; providing a material configured to form a tread element on the tire casing, the material being polymerizable; applying a first layer of the material to the tire casing; directing a curing source to at least a portion of the first layer, the curing source configured to cure the material on the tire casing; at least partially curing the at least a portion of the first layer on the tire casing such that the at least a portion of the first layer couples to a surface of the tire casing, forming the tread element; removing, by a removal process, uncured material from the tire casing; applying a plurality of layers of the material to the first layer, wherein each layer of the plurality of layers is applied sequentially; and directing the curing source to a first portion of each layer prior to a subsequent layer being applied, the technical feature is not a special technical feature as it does not make a contribution over the prior art in view of Jabri (DE102016203885) (machine translation) (of record). Jabri discloses a method of treading a tire comprising: providing a tire casing ([0031] "vehicle tire" (1), Fig 1a); providing a material configured to form a tread element on the tire casing, the material being polymerizable ([0015] via "rubber material"); applying a first layer of the material to the tire casing ([0015]); directing a curing source to at least a portion of the first layer, the curing source configured to cure the material on the tire casing ([0015]); at least partially curing the at least a portion of the first layer on the tire casing such that the at least a portion of the first layer couples to a surface of the tire casing, forming the tread element ([0015]); applying a plurality of layers of the material to the first layer, wherein each layer of the plurality of layers is applied sequentially ([0011]); and directing the curing source to a first portion of each layer prior to a subsequent layer being applied ([0015]); and removing, by a removal process, uncured material from the tire casing ([0015]).
Species D and E lack unity of inventions because even though the inventions of these species requires the technical feature of a method of treading a tire comprising: providing a tire casing; providing a material configured to form a tread element on the tire casing, the material being polymerizable; applying a first layer of the material to the tire casing; directing a curing source to at least a portion of the first layer, the curing source configured to cure the material on the tire casing; at least partially curing the at least a portion of the first layer on the tire casing such that the at least a portion of the first layer couples to a surface of the tire casing, forming the tread element; and removing, by a removal process, uncured material from the tire casing, the technical feature is not a special technical feature as it does not make a contribution over the prior art in view of Jabri (DE102016203885) (machine translation) (of record). Jabri discloses a method of treading a tire comprising: providing a tire casing ([0031] "vehicle tire" (1), Fig 1a); providing a material configured to form a tread element on the tire casing, the material being polymerizable ([0015] via "rubber material"); applying a first layer of the material to the tire casing ([0015]); directing a curing source to at least a portion of the first layer, the curing source configured to cure the material on the tire casing ([0015]); at least partially curing the at least a portion of the first layer on the tire casing such that the at least a portion of the first layer couples to a surface of the tire casing, forming the tread element ([0015]); and removing, by a removal process, uncured material from the tire casing ([0015]).
Applicant is required, in reply to this action, to elect a single species to which the claims shall be restricted if no generic claim is finally held to be allowable. The reply must also identify the claims readable on the elected species, including any claims subsequently added. An argument that a claim is allowable or that all claims are generic is considered non-responsive unless accompanied by an election.
Upon the allowance of a generic claim, applicant will be entitled to consideration of claims to additional species which are written in dependent form or otherwise require all the limitations of an allowed generic claim. Currently, the following claim(s) are generic: claim 1.
During a telephone conversation with Kiri Lee Sharon on 22 September 2026 a provisional election was made without traverse to prosecute the invention of Group I, species A and D, claims 1-3, 6 and 8. Affirmation of this election must be made by applicant in replying to this Office action. Claims 4-5, 7 and 9-20 are withdrawn from further consideration by the examiner, 37 CFR 1.142(b), as being drawn to a non-elected invention.
Applicant is reminded that upon the cancelation of claims to a non-elected invention, the inventorship must be corrected in compliance with 37 CFR 1.48(a) if one or more of the currently named inventors is no longer an inventor of at least one claim remaining in the application. A request to correct inventorship under 37 CFR 1.48(a) must be accompanied by an application data sheet in accordance with 37 CFR 1.76 that identifies each inventor by his or her legal name and by the processing fee required under 37 CFR 1.17(i).
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they include the following reference character(s) not mentioned in the description: 130 and 142 in Figure 1. Corrected drawing sheets in compliance with 37 CFR 1.121(d), or amendment to the specification to add the reference character(s) in the description in compliance with 37 CFR 1.121(b) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Rejections - 35 USC § 102
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 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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1, 2, 6 and 8 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Jabri (DE102016203885) (machine translation) (of record).
Regarding claim 1, Jabri discloses a method of treading a tire comprising:
providing a tire casing ([0031] "vehicle tire" (1), Fig 1a);
providing a material configured to form a tread element on the tire casing, the material being polymerizable ([0015] via "rubber material");
applying a first layer of the material to the tire casing ([0015]);
directing a curing source to at least a portion of the first layer, the curing source configured to cure the material on the tire casing ([0015]);
at least partially curing the at least a portion of the first layer on the tire casing such that the at least a portion of the first layer couples to a surface of the tire casing, forming the tread element ([0015]); and
removing, by a removal process, uncured material from the tire casing ([0015]).
Regarding claim 2, Jabri discloses all limitations of claim 1 as set forth above. Additionally, Jabri discloses that the method further comprises applying a plurality of layers of the material to the first layer, wherein each layer of the plurality of layers is applied sequentially ([0011]); and directing the curing source to a first portion of each layer prior to a subsequent layer being applied ([0015]).
Regarding claim 6, Jabri discloses all limitations of claim 1 as set forth above. Additionally, Jabri discloses that the first layer of the material is applied using a roller or a sprayer ([0016] via “a part, powder is applied”/”extruder” (5a,b), Fig 1).
Regarding claim 8, Jabri discloses all limitations of claim 2 as set forth above. Additionally, Jabri discloses that the method further comprises directing the curing source to a second portion of each layer, the second portion separated from the first portion by a distance defining a groove (Fig 1a,b, [0031], [0033], in regards to there being space between “tread 4 not shown tire tread profile blocks”); and at least partially curing the first portion and the second portion of each layer, leaving uncured material between the first portion and the second portion and forming the groove ([0031], [0033], [0015]).
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 3 is rejected under 35 U.S.C. 103 as being unpatentable over Jabri (DE102016203885) (machine translation) (of record) in view of either Erdman (US2014035862) (of record) and/or Ricke et al. (DE102018207204) (machine translation).
Regarding claim 3, Jabri discloses all limitations of claim 2 as set forth above. While Jabri does disclose the step of removal of uncured material ([0015]), Jabri does not explicitly disclose how said removal is done, including where the removal process includes applying a solvent to the tire casing to dissolve the uncured material such that the uncured material is removed from the tire casing. However, it would have been obvious to one of ordinary skill in the art prior to the earliest effective priority date of the instant application to do so, as both Erdman ([0041] via “abrasive solvent”) and Ricke ([0014] via “chemical”) teach the use of solvent for removing unwanted material from a tire surface, which would include a tire tread. One would have been motivated to use a solvent for the predictable result of removing unwanted material from the tire during treading.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Schramm et al. (DE102015210579) (machine translation) teaches a method of treading a tire through the use of applying multiple layers of material, curing said layers and removing portions ([0004], [0020] via “rubber material for profile positive 8, 9” and [0014] via “negative material”).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ALEXANDER D BOOTH whose telephone number is 571-272-6704. The examiner can normally be reached M-Th 7:00-4:30.
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.
/ALEXANDER D BOOTH/Examiner, Art Unit 1749
/SEDEF E PAQUETTE/Primary Examiner, Art Unit 1749
