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RECEIVED CENTRKL'ratiNTER

OgG 10 ZW. !NI

IN THE UNITED STATES PATE T AND TRADEMARK OFFICE

In Re Application of:

Confirmation No.:

3160

Becker, et al,

groupArt Unit:

3817

Serial No.: 10/408,815

xaminer:

Stormer, Russell

Filed: April 7, 2003

Pocket No.:

050221-1020

For: Tire Inflation System

RESPONSE AND AMENDMENT TO NON-FINAL OFFICE ACTION

Mail Stop Amendment Commissioner for Patents P.O. Box 1450 Alexandria, VA 22313-1450

Sir:

The outstanding non-final Office Action} mailed on May 18, 2007 (Part of Paper

No./Mail Date 20070512) has been carefully cbnsidered. In response thereto,

Applicants respectfully request entry of the following amendments and consideration of

the following remarks.

AUTHORIZATION TO DEBIT ACCOUNT

It is not believed that extensions of tim4 or fees for net addition of claims are

required, beyond those that may otherwise bel provided for in documents accompanying

this paper. However, in the event that additioriiial extensions of time are necessary to

allow consideration of this paper, such extensions are hereby petitioned under 37 C.F.R.

§ 1.136(a), and any fees required therefore (including fees for net addition of claims) are

hereby authorized to be charged to Deposit Account No. 20-0778. •

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Hendrickson et al v. Trans Tech Hendrickson Ex. 1026

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AMENDMENTS Tb THE CLAIMS I Please amend the specificatibn as indicated hereafter, [Use stfikethFe-ugh for

deleted matter (or double square bracketsnii' if the strikethrough is not easily ji

perceivable, i.e., '4" or a punctuatiori mark) a d underlined for added matter.]

1.9. (Canceled)

10. (Previously Presented) A Systm for air injection into tires, comprising:

an air chamber secured to a Wheel, the air chamber being operable to rotate with

the wheel, the air chamber having at least one air path to provide air to a

tire of the wheel;

a shaft configured to remain 6tationary! when the air chamber rotates with the

wheel, the shaft having a proxitIpal end and distal end, the proximal end

of the shaft being coupled to th6 air chamber, the distal end of the shaft

being operable to receive the air;

an inlet valve configured to inject the air through the shaft into the air chamber;

at least one fitting configured for connection to an air hose;

at least one pressure relief valve dispcled on the at least one air path of the air

chamber, the at least brie presOure relief being configured to release the

air when a tire presswie rises above an adjustable preset value;

at least one check valve disposed on tthe at least one air path of the air chamber,

the at least one check valve being configured to inject the air into the tyre

when the tire pressure drops blow an adjustable preset value; and

at least one pressure gauge disposed bn the at least one air path of the air

chamber to provide the air pre4ure of the tire.

PAGE 07

RECEIVED cENT§NakitINTER

DR 1.0 2007

2 !

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11. (Previously Presented) The s)istem of claim 10, further comprising ball

bearings configured to separate the shaft froth the air chamber.

12. (Previously Presented) The ss)stem of claim 10, wherein the check valve

is further configured to close off air flow upon detecting an increase in air flow rate

above a predetermined level.

13. (Previously Presented) The sytem of claim 10, wherein the pressure

gauge further comprises a sensor capable of transmitting a signal indicating measured

air pressure to a monitoring system.

14. (Previously Presented) The sytem of claim 10, further comprising a

stationary air source configured to inject air though the inlet valve.

15. (Previously Presented) The sytem of claim 14, further comprising an air

line configured between the stationary air source and the inlet valve.

16. (Previously Presented) The sytem of claim 14, further comprising at

least one shut-off valve configured between tt-de stationary air source and the inlet valve.

17. (Previously Presented) The syStem of claim 14, further comprising an air

pressure regulator configured between the stationary air source and the inlet valve.

18-23. (Cancelled)

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PAGE 09

24. (Previously Presented) A tire device comprising:

an air chamber secured to a wheel, the air chamber being operable to rotate with

the wheel, the air chamber hati.ing at least one air path to provide air to a

tire of the wheel, the air chamber having,

at least one pressure relief vale disposed on the at least one air path of

the air chamber, the at least one pressure relief being configured

to release the air when 6 tire pressure rises above an adjustable

presetvalUe;

at least one check valVe dispo4ed on the at least one air path of the air

chamber, the at least oie check valve being configured to inject

the air into a tire when the tire pressure drops below an adjustable

preset value, and

at least one pressure gauge diiposed on the at least one air path of the

air chamber to. indicate the tire pressure; and

a shaft configured to remain Stationaryli when the air chamber rotates with the

wheel, the shaft having a proxiiiinal end and distal end, the proximal end

of the shaft being coupled to the air chamber, the distal end of the shaft

being operable to receive the a!r.

25. (Previously Presented) The tire device of claim 24, further comprising

ball bearings configured to separate the shaft prom the air chamber.

28. (Previously Presented) The tird device of claim 24, wherein the check

valve is further configured to close off air flow Ivan detecting an increase in air flow rate

above a predetermined level.

4

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27. (Previously Presented) The tire &vice of claim 24, wherein the pressure

gauge further comprises a sensor capable odtransmitting a signal indicating measured

air pressure to a monitoring system.

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PAGE 11

REMARKS

This is a full and timely response to tt4 outstanding non-final Office Action

mailed on May 18, 2007 (Part of Paper No./M!ail bate 20070512). In view of the

following remarks, reconsideration and allowance of the Application and presently

pending claims are respectfully requested.

I. Interview Summary

Applicants first wish to express their sincere appreciate for the time Examiner

Stormer spent with Applicants' representative, Minh Nguyen, and Applicant, John Henry

Becker, during a telephone discussion on Octdper 11, 2007, regarding the outstanding

non-final Office Action. The discussion involvel:1 claims 10 and 24 as well as cited

references, Williams, Bartos, and Steth. App4ants respectfully pointed out during the

discussion that the references do not disclose tie pressure relief valve as recited in claims

10 and 24. The Examiner indicated that a further review of the cited references is needed

to confirm Applicants' assertion.

II. Claim Relectione Under 35 U.S.C. §162

The Office Action indicates that claims 18, 19, and 23 stand rejected under 35

U.S.C. §102(b) as allegedly being anticipated br U.S. Patent No. 5,544,688 to Freigang, et

al. Claims 18, 19 and 23 stand rejected under §102(b) as being clearly

anticipated by U.S. Patent No. 5,398,743 to Batos. Applicants have canceled claims 18,

19, and 23 and respectfully request that the re4ction be withdrawn.

6

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Ill. Claim Reiections Under 3$ U.S.C. 4403.

Claims 10, 11, 14, 15, 16, and 17 stanid rejected under 35 S.C. §103(a) as

allegedly being unpatentable over U.S. Patent Nb. 4,685,501 to Williams in view of U.S.

Patent No. 5,538,062 to Stech. Claims 12 anti 13 stand rejected under 35 S.C. §103(a)

as allegedly being unpatentable over Williarn. in View of Stech as applied to claim 10,

and further in view of U.S. Patent No. 4,763,7b9 to Schafer. Claims 21 and 22 stand

rejected under 35 U.S.C. §103(a) as allegedly being unpatentable over Barbs. Claims

24 and 25 stand rejected under 35 U.S.C. §1d3(a) as allegedly being unpatentable over

Bartos in view of Stech. Claims 26 and 27 stand rejected under 35 U.S.C. §103(a) as

allegedly being unpatentable over Bettos in vieSw of Stech as applied to claim 24, and

further in view of Schafer.

In order for a claim to be properly rejected Under 35 U.S.C. §103, the teachings of

the prior art reference must suggest all featured of the claimed invention to one of ordinary

skill in the art. See, e.g., in re Dow Chemical, t:.67 F.2d 469, 5 U.S.P.Q.2d 1529, 1531

(Fed. Cir. 1988); In re Keller, 642 F.2d 413, 20E U.S.P.Q. 871, 881 (C.C.P.A. 1981).

A. Claim 10

Claim 10 recites:

A system for air injectior'l into tires, comprising: • an air chamber securedito a wheel, the air

chamber being operable to rotate with the wheel, the air chamber having at least one air path to provide air to a tire of the wheel;

a shaft configured to rerhain stationary when the air chamber rotates with the Whedl, the shaft having a proximal end and distal end, the proximal end of the shaft being coupled to the air cham8er, the distal end of the shaft being operable to receiv8 the air;

an inlet valve configured to inject the air through the shaft into the air chamber;

at least one fitting configured for connection to an air hose;

at least one pressure Offal valve disposed on the at least one air path of the air chamber, the at least one pressure relief being Configured to release

7 ;

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the air when a dresiressurJ rides above an adjustable preset value;

at least one check valve disposed on the at least one air path of the air chamber, he at least one check valve being configured to injebt the air into the tire when the tire pressure drops belowlan adjustable preset value; and

at least one pressure gauge disposed on the at least one air path of the air chamber to provide the air pressure of the tire.

(Emphasis Added)

The Office Action mailed on May 18, recites the follOwing:

"Williams discloses a tire inflating system comprising an air chamber 102 which rotates with the wheel, a stationary shaft 20, an inlet valve 74 (72, to inject air through the shaft, a fitting 60 for connectioli of an air hose, and a pressure relief valve 74 (84). The pressure relief valve releases air when the pressure in the tire becomes too high, and allows the tire to be ihflated when the tire pressure drops too low. Williarhs '601 does not show a pressure gauge disposed on least one air path of the chamber?

(Emphasis Added)

Applicants respectfully submit that the !Williams reference fails to disclose a

pressure relief valve as recited in claim 10. In' general, Williams discloses a valve

system for remotely controlling the inflation pressure within a pneumatic tire of a wheel I !

mounted for rotation on an axle of a vehicle. (AbStract of the Williams reference). The

Office Action alleged that Williams discloses ai pressure relief valve as represented in

references 74 and 84. After further review ar41 analysis, reference 74 of Williams refers

to a valve body having a central hollow chamber 86 within which a valve spool 76 can

reciprocally move an air passage 88. Such air! passage 88 has an upper inner portion

90 located above the chamber 86 and a lewerlouger portion 92 roosted between the

chamber 86, the portion 90, 92 being plated crcUmferentially about and radially

8

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•••

outwardly from the chamber 86. (Col. 5, lines 25431 of Williams). In addition, reference

84 is referred to as a bolt. (Col. 5, line 18 of VVillYams).

Consequently, Applicants respecffullyisubmit that Williams fails to disclose a

pressure relief valve that is disposed on the air pSth of an air chamber and is configured

to release air when a tire pressure rises abo4 an adjustable preset value, as recited in

claim 10. Applicants respectfully assert that tile Williams valve body 74 and bolt 84 are

not the pressure relief valve as recited in clairk 10.

The Office Action admits that Williamslfails to disclose a pressure gauge as

recited in claim 10. In this regard, the Office /ctibn used Stech to disclose only the

pressure gauge and not the pressure relief va)ve. In fact, Applicants respectfully assert

that Stech also fails to disclose, teach or suggest; the pressure relief valve as recited in

claim 10. Therefore, because Williams and Stech, individually and in combination, fail to

disclose, teach or suggest the pressure relief i/alVe as recited in claim 10, Applicants

respectfully request that claim 10 be allowed and the rejection be withdrawn.

Applicants respectfully submit that ApOlicants discovered that the bearings, such

as that shown in FIG. 6 as references 62A anill 62B, wore down due to the air pressure

from the tire backing up and applied an the bJerings 62A and 62B. Applicants found

that by using the pressure relief valve, the airkweisure of the tire can be released out of

the tire inflation system, resulting in the bearinbs not wearing down due to the tire air

pressure not backing up into the bearings of Vile tire inflation system.

9 • • • •

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B. Dependent. Claims 11.117

Since independent claim 10 is allowable, Applicants respectfully submit that

claims 11-17 are allowable for at least the realonthat each depends from base claim

10. In re Fine, 837 F.2d 1071, 5 U.S.P4. 2d 11596, 1598 (Fed. Cii. 1988). Therefore,

Applicants respectfully request that the rejection of claims 11-17 be withdrawn.

C. Claim 24

Claim 24 recites:

A tire device comprising: an air chamber secured to a wheel, the air

chamber being operable to rotate With the wheel, the air chamber having at least one ail path to provide air to a tire of the wheel, the air chamber h

at least one_prdssdre_relief valve disposed on the at least One air path of the air chamber, the at least dnei pressure relief being configured to Olease the:air when a tire pressure riseslabove en adjustable preset value,

at least one chedk Valve disposed on the at least one air path of the lairchamber, the at least one check valve being configured to inject the air into a tire when the tire Pressure drops below an adjustable preset valuedand

at least One pre*urb gauge disposed on the at least one.air pathlof the air chamber to indicate the tire pressure; and a shaft configured to rerilain stationary when the air

chamber rotates with the wheelt the shaft having a proximal end and distal end, the prOximal end of the shaft being coupled to the air chamber, the distal end of the shaft being operable to receive 'the air.

(Emphasis Added)

The Office Action alleges the following

"Barton discloses a Wei inflatioli system comprising an air chamber 48, (62, 66),I a pressure relief valve 88. 102 a check vale 88, 102, and a stationary shaft 132 which remain§ stationary when the air chamber rotates. The ValVes 88, 102 allow

10 I

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the tires to be inflated and alio tb be deflated when the pressure in the tires isboo ' high. A pressure gauge is not shown."

(Emphasis Addition)

Applicants respectfully submit that the Bartos reference fails to disclose a

pressure relief valve as recited in claim 24. lh general, Bartos discloses a valve that

comprises axially diaphragm elements for coili

trolling the flow of air to and from a pair of

tires rotatably mounted on a common axle blithe vehicle (Abstract of the Bartos

reference). In fact, the Office Action'referrecii to 'references 88 and 102 as the pressure

relief valve as recited in claim 24. However, fter further review and analysis, the

references 88 and 102 are described in Bartels as diaphragms. Bartos discloses the use

of the diaphragms 88, 102 as follows:

'Assuming the tire inflation sys!tern to be activated and the existing tire pressure to be theilower tire pressure of 35 psi, for example, inflation of the tires to the higher pressure is achieved as follows. The operator displaces selector 28 to the INFLATE position wherappbn normally closed inflate valve in pneumatic control module 14 opens and normally closed deflate valve 34 and veht valve 35 remain closed. Air under pressure then flows ?rorn source 18 through control module 14 and line 36 tlo quick exhaust valve 22, whereupon normally open exhaust line 40 therein closes, and the air under pressure flows through drop line 38 to tire isolating valve 20. Air undel• pressure enters the upstream end of the air flow passageway through coupling housing 52 and valve housing 48 and flows into the first and second diaphragm chambers through passageways 116 and 118 opening into recesses 80 and 94, respectively. The air under preisure acting against the undersides of diaphragms 88 and 102 displaces the latter from the upstream end of the corresponding one of the air ports 90 and 104 against the bias Of spring 112, whereupon the air under pressdire flows through the air ports to tire lines 24 and 26 and the corresponding tire to inflate the latter to the higher kesSure. When the inflation pressure is reached, inflate valve 312 closes whereby the air flow stops, spring 112 biase4 diaphragms 88 and 102 to close air ports 90 and 104, and vent valve 35 opens for air under pressure between pneumatic control module 14 and tire isolating valve 20 to ve6t to atmosphere through

11

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vent line 37. The decreasing prjesSure resulting from opening of the vent valVe caus6s quick exhaust valve 22 to open for air to quickly exhaust to atmosphere through line 40." (Col. 7, line 62 — Col. 8, lire 27)

Accordingly, Applicants respectfully submit that the Bartos diaphragms 88, 102

are not the pressure relief valve as recited in dlairn 24. Therefore, Applicants

respectfully request that claim 24 be allowed 4nd.the rejection be withdrawn.

The Office Action admits that Bartos fails to disclose a pressure gauge as recited

in claim 24. In this regard, the Office Action used Stech to disclose only the pressure

gauge and not the pressure relief valve, In fabt, Applicants respectfully assert that

Stech also fails to disclose, teach or suggest the pressure relief valve as recited in claim

24. Therefore, because Bartos and Stech, individually and in combination, fail to

disclose, teach or suggest the pressure relief ,/alve as recited in claim 24, Applicants

respectfully request that claim 24 be allowed 4nd the rejection be withdrawn.

F. Dependent Claims 251-27

Since independent claim 24 is allowable, Applicants respectfully submit that

claims 25-27 are allowable for at least the rea&In'that each depends from base claim

24. In m Fine, 837 F2d 1071, 5 U.S.P.Q. 2d 11596, 1598 (Fed. Cir. 1988). Therefore,

Applicants respectfully request that the rejectiOn Of claims 25-27 be withdrawn.

12

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CONCLOSION

In light of the foregoing amendmentsanti: for at least the reasons set forth

above, Applicants respectfully submit that all tbjections and/or rejections have been

traversed, rendered moot, and/or accommodted, and that the now pending claims 10-

17 and 24-27 are in condition for allowance. avorable consideration and allowance of

the present application and all pending clairn4 are hereby courteously requested.

• Any other statements in the Office Action that are not explicitly addressed herein

are not intended to be admitted. In addition, Aniand all findings of inherency are

traversed as not having been shown to be necessarily present. Furthermore, any and

all findings of well-known art and official notice, and similarly interpreted statements,

should not be considered well known since thL Office Action does not include specific

factual findings predicated on sound technical) and scientific reasoning to support such

conclusions.

if, in the opinion of the Examiner, a tel‘phonic conference would expedite the i •

examination of this matter, the Examiner is in4ited to call the undersigned agent at (770)

933-9500.

Tii0MAS, KAYDEN, hORSTEMEYER & RISLEY, L.L.P.

•

Suite 1750 100 Galleria Parkway N.W. Atlanta, Georgia 30339 (770) 933-9500

/1J1inh N. NouKen/ Minh N. Nguyen, Reg. No. 53,864

13

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