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 .
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the embodiment from claim 7 “wherein the concave shape of the filleted perimeter surface comprises a flat linear portion near a center waist portion” must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) 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. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. 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 § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 9-20 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 9 recites the limitation “wherein the filleted perimeter surface comprises substantially all of the outer surface of the flexure member between the inner surface and the outer surface of the flexure member” (emphasis added). It is unclear how “the outer surface” can be between itself and anything else. To advance prosecution, it is assumed the first reference to “the outer surface” is intended to refer to the “side perimeter surface” (para. 63 and throughout the specification).
Claims 10 and 11 are dependent on claim 9
Claim 12 recites the limitations “the side surface” and “the perimeter side surface” in lines 5 and 6. There is insufficient antecedent basis for these limitations in the claim. It is recommended to amend these limitations to read “the side perimeter surface” to match the limitation in line 4.
Claim 15 recites the limitation “the two or more radiused concave surfaces”. There is insufficient antecedent basis for this limitation in the claim.
Claim 13, 14, and 16-20 are dependent on claim 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.
(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.
Claims 1-6, 8, 9, 12, 13, 15-17, and 20 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Miles et al. US 20230069943 A1
Regarding claim 1, Miles discloses a non-pneumatic tire 10 comprising an outer support ring 200; an inner support ring 12 positioned inside the outer support ring 200; a support structure positioned between the outer support ring 200 and the inner support ring 12, the support structure comprising a spoke 100, the spoke 100 comprising: a first end 142 secured to the inner support ring 12 (secured using the inner flexure member 112); a second end 144 secured to a flexure member 114, the flexure member 114 comprising an inner surface (surface against end of spoke 144, an outer surface 160, and a filleted perimeter surface 120. (Fig. 1 and 5)
Regarding claim 2, Miles discloses the non-pneumatic tire 10 of claim 1, wherein the inner surface of the flexure member 114 is secured to the second end 144 of the spoke 100 and the outer surface 160 of the flexure member 114 is secured to the outer support ring 200 for securing the second end 144 of the spoke 100 to the outer support ring 200. (Fig. 5)
Regarding claim 3, Miles discloses the non-pneumatic tire 10 of claim 1, wherein the filleted perimeter surface 120 is positioned between the inner surface and the outer surface 160 of the flexure member 114. (Fig. 5)
Regarding claim 4, Miles discloses the non-pneumatic tire 10 of claim 1, wherein the flexure member 114 is positioned between the second end 144 of the spoke 100 and the outer support ring 200, and the second end 144 of the spoke 100 is free of contact with the outer support ring 200. (Fig. 5)
Regarding claim 5, Miles discloses the non-pneumatic tire 10 of claim 1, wherein the filleted perimeter surface 120 has a concave shape. (Fig. 5)
Regarding claim 6, Miles discloses the non-pneumatic tire of claim 5, wherein the concave shape of the filleted perimeter surface 120 is continuous without a flat linear plane portion from the intersection with the inner surface to the intersection with the outer surface 160.
Regarding claim 8, Miles discloses the non-pneumatic tire 10 of claim 6, wherein the concave shape has a circular radius or elliptical arc. (Fig. 5 and 6)
Regarding claim 9, Miles discloses the non-pneumatic tire 10 of claim 1, wherein the filleted perimeter surface 120 comprises substantially all of the outer surface of the flexure member between the inner surface and the outer surface 160 of the flexure member 114, and the filleted perimeter surface 120 of the flexure member comprises two or more faces having a filleted surface 120,122. (Fig. 5 and 6)
Regarding claim 12, Miles discloses a flexure member 114 for a non-pneumatic tire 10, the flexure member 114 comprising: an inner surface having a plane (adjacent spoke portion 140); an outer surface 160 having a plane; and a side perimeter surface 120 (although 120 only the “distal surface” [para. 54] it is clear there is a surface which wraps all the way around which will be referred to by 120) arranged between the inner surface and the outer surface, the side surface 120 extending around the entire perimeter of the flexure member 114, the perimeter side surface 120 comprises two or more radiused face surfaces (the surface at 120 and 122). (Fig. 5)
Regarding claim 13, Miles discloses the flexure member 114 of claim 12, wherein the plane of the inner surface comprises a plurality of perimeter edges that form three or more connection points where the perimeter edges intersect one another, and the three or more connection points along the plane of the inner surface are in contact with a portion of a radiused concave surface of the side perimeter surface 120 of the flexure member (Fig. 5).
Regarding claim 15, Miles discloses the flexure member 114 of claim 12, wherein the two or more radiused concave surfaces 120,122 have a circular shape, an elliptical shape, a parabolic shape, or a combination thereof. (Fig. 5)
Regarding claim 16, Miles discloses the flexure member 114 of claim 12, wherein the two or more radiused face surfaces 120,122 are concave surfaces. (Fig. 5)
Regarding claim 17, Miles discloses the flexure member of claim 12, wherein the two or more radiused face surfaces 120,122 each comprise a first end and a second end, the first end intersects with a perimeter edge of the inner surface of the flexure member and the second end intersects with a perimeter edge of the outer surface of the flexure member. (Fig. 5)
Regarding claim 20, Miles discloses the flexure member 114 of claim 12, wherein the inner surface of the flexure member 114 is secured to a spoke 100 of the non-pneumatic tire and the outer surface 160 of the flexure member 114 is secured to an outer support ring 200 of the non-pneumatic tire 10. (Fig. 1 and 5)
Allowable Subject Matter
Claim 7 is 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.
Claims 10, 11, 14, 18, and 19 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The prior art shows non-pneumatic tires with flexure members between spokes and outer ring.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ALEX R PALMER whose telephone number is (703)756-1981. The examiner can normally be reached M-F 8:30 am - 5:00 pm MST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Samuel (Joe) Morano can be reached at (571) 272-6684. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/AP/Examiner, Art Unit 3615
/S. Joseph Morano/Supervisory Patent Examiner, Art Unit 3615
