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 § 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.
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.
Claim(s) 1-5, 7-11, and 13-16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kendziorra (DE 102020201389, see machine translation) (of record) and Sato et al. (JP 2006208052, see machine translation) (of record).
Regarding claim 1, Kendziorra discloses a tire comprising at least an electrically-conductive rubber (Figs. 1-2: 14, 15) ([0015]-[0016], [0021]-[0022]), wherein the electrically-conductive rubber has a contacting portion provided at a position contacting a rim (Figs. 1-2: 2, 3, 4).
However, Kendziorra does not expressly recite the electrically-conductive rubber forms a strain detecting body configured to output a detection signal corresponding to strain of the tire based on an electrical characteristic of the electrically-conductive rubber.
Sato discloses a strain sensor for rubber articles, such as tires, to detect strain occurring due to an external load ([0001], [0005]). The strain sensor is characterized in that it comprises a strain detection rubber composition which contains conductive particles and is capable of detecting the strain by measuring the change in electrical resistance caused by the strain arising from an external load ([0007]), wherein the conductive particles may be carbon black ([0009]). In this manner, it is possible to realize a strain sensor for rubber articles that can predict the degree of strain of a rubber article adjacent to the strain sensor by measuring the change in electrical resistance from the degree of strain of the rubber, and by appropriately changing the type and amount of conductive particles, the type of rubber, etc., strain sensors with various sensitivities can be designed, making it possible to measure a wide range of strain up to several hundred percent ([0010]). The type of rubber and conductive particles are also not particularly limited ([0015]-[0016]). Moreover, conventionally used wire technology is no longer needed, and instead it is possible to measure strain at various locations by simply attaching it to the location where measurement is desired ([0011]). Kendziorra discloses the electrically-conductive rubber may be made up of a rubber material having conductive particles (i.e., an electrically conductive rubber material) that connects to a sensor ([0015], [0021]-[0022]), similar to Sato’s disclosure of a strain sensor comprising a strain detection rubber composition which contains a rubber and conductive particles and is measured using a sensor. One of ordinary skill in the art before the effective filing date of the claimed invention would have found it obvious to modify the electrically-conductive rubber of Kendziorra so as to form a strain detecting body configured to output a detection signal corresponding to strain of the tire based on an electrical characteristic of the electrically-conductive rubber by modifying the type of rubber and type and amount of conductive particles for the advantages discussed above as taught by Sato.
Regarding claim 2, Kendziorra further discloses the contacting portion is provided at a bead portion (Figs. 1-2: 6).
Regarding claim 3, Kendziorra further discloses the tire has a plurality of structural portions (Figs. 1-2: inner surface at 5, bead at 6, sidewall on opposite side of 5) (Claim 1), and the electrically-conductive rubber (Figs. 1-2: 14, 15) is provided at at least one of the plurality of structural portions (Figs. 1-2: 5, 6).
Regarding claim 4, Kendziorra further discloses the plurality of structural portions include a tread portion, shoulder portions (which must necessarily be present between a tread and sidewall), side portions (Figs. 1-2: see sidewall above bead 6 and within inner surface 5) and bead portions (Figs. 1-2: 6) (Claim 1).
The examiner further notes that it is consistent with the fundamentals of tire construction to provide a tire including a tread portion, shoulder portions, side portions and bead portions.
Regarding claim 5, Kendziorra further discloses the electrically-conductive rubber (Figs. 1-2: 14, 15) is provided so as to span over plural structural portions (Figs. 1-2: 5, 6) among the plurality of structural portions.
Regarding claim 7, Kendziorra further discloses at least a portion of the electrically-conductive rubber (Figs. 1-2: 14, 15) is provided at an inner surface of the tire (Figs. 1-2: 5).
Regarding claim 8, Kendziorra further discloses that at least a portion of the electrically-conductive rubber (Figs. 1-2: 14, 15) is provided at the inner surface of the tire (Figs. 1-2: 5). Moreover, it is consistent with the fundamentals of tire construction to provide a tire with an inner liner forming the inner surface of the tire. One of ordinary skill in the art would have recognized, or at least found obvious, that an inner liner is provided at the tire inner surface. Accordingly, the at least the portion of the electrically-conductive rubber provided at the inner surface of the tire would also necessarily be provided at the inner liner.
Regarding claim 9, Kendziorra further discloses the electrically-conductive rubber (Figs. 1-2: 14, 15) has an axial direction portion extending in an axial direction of the tire (Figs. 1-2: see portion of 14, 15 that extends axially at the bottom of the bead portion from the axially inner surface 5 toward the outer sidewall surface).
Regarding claim 10, Kendziorra further discloses the electrically-conductive rubber (Figs. 1-2: 14, 15) has a radial direction portion extending in a radial direction of the tire (Figs. 1-2: see portion of 14, 15 that extends radially upward from bead bottom portion along inner surface 5 toward tread).
Regarding claim 11, Kendziorra further discloses the electrically-conductive rubber (Figs. 1-2: 14, 15) has a circumferential direction portion extending in a circumferential direction of the tire (Fig. 1: see how 14, 15 have a width extending in circumferential direction).
Regarding claim 13, Kendziorra further discloses the electrically-conductive rubber is formed in a shape of a sheet (Figs. 1, 2: see sheet shape of 14, 15).
Regarding claim 14, Kendziorra further discloses a plurality of the electrically-conductive rubbers (Figs. 1-2: 14, 15) ([0021]-[0022]) ([0013]).
Regarding claim 15, Kendziorra further discloses a connecting member (Figs. 1-2: 9, 11, 12, 13) that electrically connects the plurality of electrically-conductive rubbers (Figs. 1-2: 14, 15) ([0020]-[0023]).
Regarding claim 16, Kendziorra further discloses the plurality of electrically-conductive rubbers (Figs. 1-2: 14, 15) are disposed so as to be apart from one another in at least one direction among an axial direction and a circumferential direction of the tire ([0013]: wherein there are at least two conductor tracks 14, 15, thereby two across from each other axially as illustrated in Figs. 1-2, and any additional conductor tracks must then be provided circumferentially apart from the two illustrated).
Claim(s) 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kendziorra (DE 102020201389, see machine translation) (of record) and Sato et al. (JP 2006208052, see machine translation) (of record) as applied to claim 1 above, and optionally further in view of Asayama (US 20120234448) (of record).
Regarding claim 8, Kendziorra discloses the claim limitations as discussed above.
Optionally, Asayama also discloses a tire comprising at least an electrically-conductive rubber, wherein the electrically-conductive rubber has a contacting portion provided at a position contacting a rim (Figs. 1-3, 5), and wherein an inner liner (Fig. 1: 15) is provided at an inner surface of the tire for maintaining air pressure ([0020]). One of ordinary skill in the art before the effective filing date of the claimed invention would have found it obvious to modify Kendziorra in order to provide an inner liner at the inner surface of the tire for maintaining air pressure, as taught by Asayama. Accordingly, Kendziorra in view of Asayama discloses an inner liner is provided at an inner surface of the tire, and at least a portion of the electrically-conductive rubber is provided at the inner liner.
Claim(s) 1-5, 7-11, and 13-16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wei et al. (WO 2020214318) (of record) and Sato et al. (JP 2006208052, see machine translation) (of record).
Regarding claim 1, Wei discloses a tire comprising at least an electrically-conductive rubber (Fig. 15: 1542; Fig. 19: 1942; Fig. 20: 2042; Fig. 21: 2142; Fig. 22: 2242; Fig. 24: 2442) ([0086]-[0088], [00102], [00107], [00114], [00118], [00132]), wherein the electrically-conductive rubber has a contacting portion provided at a position contacting a rim (Fig. 15: 1534) ([0084]-[0086], [00103]-[00105], [00107], [00114], [00118], [00132]).
However, Wei does not expressly recite the electrically-conductive rubber forms a strain detecting body configured to output a detection signal corresponding to strain of the tire based on an electrical characteristic of the electrically-conductive rubber.
Sato discloses a strain sensor for rubber articles, such as tires, to detect strain occurring due to an external load ([0001], [0005]). The strain sensor is characterized in that it comprises a strain detection rubber composition which contains conductive particles and is capable of detecting the strain by measuring the change in electrical resistance caused by the strain arising from an external load ([0007]), wherein the conductive particles may be carbon black ([0009]). In this manner, it is possible to realize a strain sensor for rubber articles that can predict the degree of strain of a rubber article adjacent to the strain sensor by measuring the change in electrical resistance from the degree of strain of the rubber, and by appropriately changing the type and amount of conductive particles, the type of rubber, etc., strain sensors with various sensitivities can be designed, making it possible to measure a wide range of strain up to several hundred percent ([0010]). The type of rubber and conductive particles are also not particularly limited ([0015]-[0016]). Moreover, conventionally used wire technology is no longer needed, and instead it is possible to measure strain at various locations by simply attaching it to the location where measurement is desired ([0011]). Wei discloses the electrically-conductive rubber may be made up of any of a variety of materials capable of conducting electricity, including, for example, a metal, or a polymer or rubber having high carbon content ([0087]), similar to Sato’s disclosure of a strain sensor comprising a strain detection rubber composition which contains a rubber and conductive particles. One of ordinary skill in the art before the effective filing date of the claimed invention would have found it obvious to modify the electrically-conductive rubber of Wei so as to form a strain detecting body configured to output a detection signal corresponding to strain of the tire based on an electrical characteristic of the electrically-conductive rubber by modifying the type of rubber and type and amount of conductive particles for the advantages discussed above as taught by Sato.
Regarding claim 2, Wei further discloses the contacting portion is provided at a bead portion (Fig. 15: 1548; Fig. 19: 1948; Fig. 20: 2048; Fig. 21: 2148; Fig. 22: 2248; Fig. 24: 2448).
Regarding claim 3, Wei further discloses the tire has a plurality of structural portions (Fig. 17: 1744, 1752, 1750, 1748; Fig. 18: 1844, 1852, 1850, 1848; Fig. 19: 1944, 1952, 1950, 1948; Fig. 20: 2044, 2052, 2050, 2048; Fig. 21: 2144, 2152, 2150, 2148; Fig. 22: 2244, 2252, 2250, 2248; Fig. 24: 2444, 2452, 2450, 2448), and the electrically-conductive rubber (Fig. 15: 1542; Fig. 19: 1942; Fig. 20: 2042; Fig. 21: 2142; Fig. 22: 2242; Fig. 24: 2442) is provided at at least one of the plurality of structural portions (Figs. 15, 19-22, 24).
Regarding claim 4, Wei further discloses the plurality of structural portions include a tread portion (Fig. 17: 1744; Fig. 18: 1844; Fig. 19: 1944; Fig. 20: 2044; Fig. 21: 2144; Fig. 22: 2244; Fig. 24: 2444), shoulder portions (Fig. 17: 1752; Fig. 18: 1852; Fig. 19: 1952; Fig. 20: 2052; Fig. 21: 2152; Fig. 22: 2252; Fig. 24: 2452), side portions (Fig. 17: 1750; Fig. 18: 1850; Fig. 19: 1950; Fig. 20: 2050; Fig. 21: 2150; Fig. 22: 2250; Fig. 24: 2450) and bead portions (Fig. 17: 1748; Fig. 18: 1848; Fig. 19: 1948; Fig. 20: 2048; Fig. 21: 2148; Fig. 22: 2248; Fig. 24: 2448) ([0099], [00101]-[00103], [00107], [00113]-[00114], [00118], [00131]-[00132]).
Regarding claim 5, Wei further discloses the electrically-conductive rubber (Fig. 15: 1542; Fig. 19: 1942; Fig. 20: 2042; Fig. 21: 2142; Fig. 22: 2242; Fig. 24: 2442) is provided so as to span over plural structural portions among the plurality of structural portions (Figs. 15, 19-22, 24).
Regarding claim 7, Wei further discloses at least a portion of the electrically-conductive rubber (Fig. 15: 1542; Fig. 19: 1942; Fig. 20: 2042; Fig. 21: 2142; Fig. 22: 2242; Fig. 24: 2442) is provided at an inner surface of the tire (Figs. 15, 19-21, 24).
Regarding claim 8, Wei further discloses an inner liner is provided at an inner surface (Fig. 19: 1954) of the tire ([00105], [00111], [00116], [00121], [00135]), and at least a portion of the electrically-conductive rubber (Fig. 19: 1942) is provided at the inner liner.
Regarding claim 9, Wei further discloses the electrically-conductive rubber has an axial direction portion extending in an axial direction of the tire (Figs. 15, 19, 24: see how the respective electrically-conductive rubbers wraps around bead in axial direction).
Regarding claim 10, Wei further discloses the electrically-conductive rubber has a radial direction portion extending in a radial direction of the tire (Figs. 15, 19-22, 24: see how the respective electrically-conductive rubbers extend up from bead in radial direction).
Regarding claim 11, Wei further discloses the electrically-conductive rubber has a circumferential direction portion extending in a circumferential direction of the tire (Figs. 21-22: see how the respective electrically-conductive rubbers may extend circumferentially) ([00115], [00120]).
Regarding claim 13, Wei further discloses the electrically-conductive rubber is formed in a shape of a sheet (Figs. 21-22) ([00120]; Claims 7, 20).
Regarding claim 14, Wei further discloses a plurality of the electrically-conductive rubbers ([0004]-[0006], [00103]-[00105], [00114], [00118], [00133]: wherein at least one conductive element may be provided, i.e., more than one being a plurality).
Regarding claim 15, Wei further discloses the at least one electrically-conductive rubber is electrically connected to at least one electricity storage device which is electrically connected to at least one electronic device ([00109], [00114], [00118). In other words, the plurality of electrically-conductive rubbers may be connected to the same electricity storage device and/or electronic device, and thereby may be connect to one another. Accordingly, Wei discloses there may be a connecting member that electrically connects the plurality of electrically-conductive rubbers.
Regarding claim 16, while Wei does not expressly recite the plurality of electrically-conductive rubbers are disposed so as to be apart from one another in at least one direction among an axial direction and a circumferential direction of the tire, one of ordinary skill in the art would recognize, or alternatively find obvious, that the direction in which the plurality of electrically-conductive rubbers are disposed so as to be apart from one another may be done in a limited number of ways: (1) axially; (2) radially; or (3) circumferentially. In other words, there are a finite number of identified, predictable solutions that a skilled artisan may choose from with a reasonable expectation of success. Absent unexpected results, case law holds that when there is a finite number of identified and predictable solutions, a person of ordinary skill has good reason to pursue known options with his or her technical grasp. See MPEP 2144.04(II)(B). Accordingly, one of ordinary skill in the art before the effective filing date of the claimed invention would have found it obvious to provide the plurality of electrically-conductive rubbers are disposed so as to be apart from one another in at least one direction among an axial direction and a circumferential direction of the tire.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-5, 7-11, and 13-16 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.
Applicant's arguments filed 08/14/2026 have been fully considered but they are not persuasive.
On page 8 of the Remarks, Applicant argues that neither Kendziorra nor Wei discloses the claimed strain detection feature because disclosure of an electrically-conductive rubber or path contacting a rim does not satisfy the claimed functional and structural relationship. The examiner notes that both Kendziorra and Wei have been modified in view of Sato, as discussed in the detailed rejection above, so as to modify the generic electrically-conductive rubber disclosed in each of Kendziorra and Wei to have the advantages as disclosed by Sato.
Conclusion
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.
Contact Information
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/SEDEF E PAQUETTE/Primary Examiner, Art Unit 1749
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