*1 47 CCPA
Application ANTONSON. O. John Appeal No. 6396. Patent Akron, Ohio, ap- Meyer, Harold for S. of Customs Court
United States pellant. Patent Washington, Moore, D. C. Clarence W. 15, 1959. (Arthur C., Behrens, Washington, D. H. counsel), of Patents. Commissioner for WORLEY, Judge, RICH, Before Chief SMITH, Judges,
MARTIN, Judge KIRKPATRICK.1 WILLIAM H. Judge. RICH, appeal is from the decision This States Board of United affirming rejection the final Office primary 27 of examiner of claim 245,340 appellant’s application No. serial Four entitled “Tire Construction.” allowed. claims have been construction, Appellant’s as his relates, out, specification points not to general, solution of tires in but having problems airplanes for tires speeds hour or of 200 miles more. Martin, Judge, dissented. point some of the brief cluding out following: Space and limitations in aircraft limit tire size. high load-carrying requires This pres- capacity which means that inflation high, example pounds per sure is Quoting square inch or more. specification: pressure inflation flexing tires has reduced resulting forces action plus pressure inflation from high centrifugal developed force urged high speeds has chang- of the tire outward wall profile in cross section a tread curvature to a tread face radius a small radius of curvature. in radius of curvature The reduction has in a tread face resulted area of the tread reduction Jwcige pursuant provi- Judge O’CONNELL, District Senior States 1. United Pennsylvania, 294(d), Section Title United sions of- District Eastern place participate designated Code. States *2 heavy high speeds loads. at in- an supports the tire which is, quoted have above Much of we what concentration in stress crease portion analysis fact, of the in own underlying the tire of the which led him to the causes of failure the which relatively tread area small In cases of this means its solution. ground. the contacts sight point of, lost as kind it must flexing of the in “The decrease n by Supreme i Eibel ed out the Court caused an has also walls tire Ontario Process Co. v. Minnesota & as tread the within in the stresses Paper Co., 45, 67, S.Ct. 261 U.S. had been cushioned the forces by inventive act which L.Ed. 523 that the flexing walls the applicant patent resides entitles an to a pres- relatively low inflation discovery of as well in the source the cushioned had have sures application of trouble as in the dy. the reme tread. the the deformation high local- developed in the stresses Appellant’s problem treads portions of the solution of the ized central placing repeated deformation volved the caused have reinforcing plurality tire the concentrat- tread and within generated examples excessive In his cord. illustrative there stresses ed leading structure, of the tire. are two embodiments of this to failure heat reinforcing each with three such tread centrifugal high devel- force plies. specification As to the first the high throw speeds oped tends at says: body and sub- off tire the tread group inter- at jects bond “A adhesive body plies 18, 19, preferably and tire the tread and 20 con- high stituting In exceedingly stresses. less than one half the total change [including elas- addition, the sudden number of the car- ticity plies] are at cass embedded the tread interface highly rela- elastic tread resist the tire to distortion body tively profile has caused tire the action stiff large at weakness interface aforementioned centrif- high speeds ugal upon because tire at tendency exerted the tire at forces high speeds to move rela- and the action inability body high pressure inflating tire and the tive to the air in the operate and tire of the together tends to decrease the acting forces to resist radius of curvature tread. tire. * * * * tire simply lem, such more.” encountered tire construction tion and that of tires advent speeds mean to [******] “It can as disclosed art. disclosure thus of 200 miles [Emphasis ours.] quoting at failure of tires on aircraft imply The obvious be seen that radically different from to the nature a need for an was well known high speed operation low has arisen with the speed everything length appellant, land problem improved problems hour or airplanes opera- high said in we prob- do brought tire and the stresses upon ward movement and held mum area of ly large at the group craft which have ceeding ded transverse curvature with a relative- minimum amount of is restrained runs, is held the tire in the operation light radius. 200 miles in contact with and the plies 18, 19 and 20 embed- bo loads which a minimum. of the tire 10 on air- Therefore amplitude tread surface is landing speeds per high hour the tread accompanying excessive out- flexing the maxi- deflec- of 13 to a There is placed land- ex- distinguishing flexing bination as from the- action distributed prior relatively art: so area over a generated the heat “27, *3 A generally Fur- to cause failure. insufficient pneumatic toroidal having tire later- elasticity thermore ally spaced radially por- inward bead radially inward tread face tions, generally a toroidal carcass body through sudden 10 a portion connecting por- said bead elasticity change modulus tions, and peripheral a portion- place at the not take interface having ground engaging- a smooth IS and between the tread surface, said carcass com- 10. Instead of tire prising plurality a crossing bias- elasticity pro- change graduated plies extending laid of cord material distribution for even vides from bead to bead and embedded in provid- entire tire stresses over rubber, portion compris- said tread wearing qualities ing long and ing body of tread rubber bonded to- strength.” [Emphasis creased portion, said carcass said tread rub- ours.] ber imbedded radial- therein change” last “graduated ly outward plies said carcass by a quoted effected above sentence least plies, three tread said tread described specific feature comprising each referring follows, elongated as generally parallel cords relating to particularly ato embedded in rubber with the indi- embodiment: illustrative second ply extending vidual cords each “ * * * generally transversely of the tire at group plies in longitudinal angle an acute separated to- 23 are the tread the circumferential increasing center-line as rubber of ply, ply and with each tread extend- face. approach the tread ing circumferentially Fig. ply 27 inner As shown stopping a substantial distance short ply 28 than middle closer to of said beads in the lateral extent of' ply 28 ply the middle 29 is outer ply, plies being said tread radial- spacing graduated is desir- ly spaced one another dis- provides in that able greater tances than the distances be- toward por- tween the in the carcass proximity Also the tread face the outermost 29 to 28 and of the outermost disposed adjacent provides tread 23 the tread and with the innermost maximum resistance distortion ply spaced said carcass provides operation spacing the radial said stability of the tire.” increased progressively decreasing from sufficiently foregoing indi- should radially of the invention which is the nature cate plies.” [Emphasis inner ours.] single appeal claim on forth in set only- follows, portions reading Board of italicized likewise had as particularly being portions claim before relied it. references re- patentability of the com- on are: overall lied upon for 1,616,069 1, et
Tuttle al. Feb. 1,846,269 23, Musselman Feb. 2,006,315 25, June 2,153,965 Apr. 11, 1939
Purdy 2,432,630 429,519 (France) Sept. Liáis
95J summarizing views, answer states all of its The examiner’s one of points rejected patents made “on the claim stands board “the use Musselman, Lejeune in view of or Liáis in tire Purdy” pat- and treads is Hopkinson, well known” al. Liáis Tuttle et teaching been, by saying, appear, ent seems to have concludes sug- fairly support the best secondary the board had for that references gest art how the assertion. The Liáis disclosure therefore one skilled ob- modified to deserves careful consideration. Liáis’ could basic references special 27.” invention resided in mode “a tain the structure *4 constituting the carcasses states The Board linings casings.” the the It consisted rejected as opinion, “The claim its combining, carcass, up to make Mus being one of unpatentable over layers of cloth threads bias selman, either view of Liáis in or layers “straight” threads. He Purdy” and Hopkinson, Tuttle et al. posed layers to alternate these was to the claim felt affirmed because it groups groups alternate of bias with “where features of known a combination straight thread cloth. He illustrated his func performs its normal each feature showing figures, invention with two gives only We its result.” own tion two forms carcass. Over most of the however, were conclusions that these feel figure layer carcass in each cent-shaped is a of cres- by justified and that references extending cross-section, from would not be combination the claimed near beads each on side and over the by application of the ordi reached nary part of where the tread of a ap in the absence the art skill of modern tire would be. This ap teaching. plicant’s reasons Our creases in thickness from each side following of the pear consideration toward the tread center line in true recognizes references, not one which shape. crescent of this peculiar faced the applicant. part reads, “1 is the elastic material of casing.” That is all that is said about Purdy quickly dis- patent can be it. In the central of the “elastic only for its show- posed It was cited of. material,” might in what one term the cords, not relied a feature laid of tire, drawing of the attached patentability. The board on for shows two curved dashed lines marked significance this limita- patentable no “4,” spaced somewhat further from the respect either to claim, with tion they outside of the carcass than or tread neither the outer wall of the tire and we. Before and neither do appellant, spaced apart a distance somewhat less leaving it patent noted that is it is spacings. than either of these The lines references, six recent most parallel part and underlie that application 1947 on an issued in which would be the tread if it had issued other references 1942. The filed says patent explana- All that the one. shall now and 1939. We is, lines “et these 4 les toiles dites chronological up in order. them take Appellant ‘de croissant’.” translates this patent Liáis a French “and the cloth called ‘of the crescent’ (1911) the board said patent of which plies].’ The Patent Office [tread transla- only this: tion is “and the so-termed ‘de crois- (French): Liáis, appears us sant’* fabrics. clear to *‘Croissant’ Crescent, crescent-shaped, (of two constitute elements that reinforcing tire) meanings embed- some fabric layer applied The most word.” we can see in this dis- ded interpretation on closure, put our 3.” own 2 and carcass English plied appellant. The other translations was fur- 1. We patent is a matter nished Patent Office. and where it this indifference, sup- used the one we have says it, may patent is" the lines that be vulcanized to cas- Ap- ing fabric, marked tread fabrics. if “4” indicate desired.” parently tiré was assumed French drawing nowhere shows kind of . Nei- understand. builders of would tread reinforcement. Without mention- explained.. ther structure nor function ing' tire-wheel, of this nature suggest to do We not think this foregoing board seems to have taken the filed, anyone appellant how when justifying, part, disclosure as at least in keep treads, “crois- which are not its that the use of conclusion flying airplane shaped, off sant” internally located along they roll when regard well known. We cannot so it. hour. We note over 200 miles an The fabric reinforcement in Musselman they “toiles,” there were but two could as well have been cemented to they cord, and that were “tread,” inside or outside of the consider- claim, spaced were not as called de- nature read claim 27 so that in case does no very carrying very light, soft, scribed as course, is, this suggestion There disclosure. very pressure small air “so that in land- *5 or ing very spread out over a tire will his for them. solution great provide very area as to a so cushioning effect, adapt- 1920, in at the time Tuttle, same in is the next filed itself contour of the point antici- It was relied on to of time. calling it comes in contact.” We pate for of claim the feature plies think this reference is entitled to particular spacing only airplane whatever. It is the are Tuttle there therein forth. set obviously record, only tire of very useful on a plies he discloses no tread at all but relatively light, speed planes. slow spacing of progressive in the plies out and from the inside his carcass Hopkinson was relied on the board loose- an increase in the at the same time disclosing plies “protective in the says He weave. ness the fabric [Emphasis tread rubber.” The ours.] gives results merely him “remarkable said, patent board also “this wearing “un- qualities” and that he is in its cumulative to Liáis disclosure ** give adequate or to plies able two tread.” as to the reasons information impres- extended a false These create statements wearing qualities.” No improved Hopkinson’s “protective for the as to sion where use of actually plies” made mention is are. they appear to be for conven- they patent makes it clear lie portions use. tional automotive and tread between the carcass patentee explains the tire. The practice that the a Musselman, discloses filed in place strips had been to breaker airplanes, for to and wheel” “balloon tire top on soft rubber treated with cushioning give when on- effect a place outermost carcass casing rough very The tire surface. a strips. breaker He tread stock over the inner used with an (C), to be which is says: then single piece of cot- tube, is made weave, sewed strip cut with be breaker fabric to ton lieu of *** itself turned in on strips into tube extend one or draw-strings it hold provided protective plies around the tire more and. resulting hub, shirred on the wheel heel to the from one bead other. *** becomes protective In effect sidewalls. little more than treated, preferably coated, consists skim wheel flanges. The whole of the hub with with a rubber stock the char- is: disclosure relevant stock. acteristics Ac- cordingly, when the tread stock is “Preferably tread 28 is a suitable protective applied casing over the C. The tread applied merges coating with the desired, by tread stock reinforced, if may be protective shown). on the (not means dis- does not reasons stated. embedded tective effect [Emphasis close within tread stock.” explained above. tire as ours.] casing arrangement Tuttle et The al., relying rather on words The board wearing improve which is said factor than substance. qualities under- he not reasons protec- say possible makes sug- way explain, in no stand and cannot rubber,” as “in the tive gests reinforcing say tread, to noth- they are did, fact that the board arrangement putting an instead rubber coated with tread skim casing. into it similar to those in his cementing to- used (cid:127)of the softer rubber What seems to be the closest reference they Obviously plies. gether the carcass point of disclosure of reinforce- vulcanization, up, upon will end ment, patent, is so the 1911 Liáis French not and will inside face lacking nothing in disclosure as to teach called manner '“embedded” already fully one who did They cer- appellant’s claim 27. significance understand the broken anywhere tainly near will not be ‘de lines described as “les toiles dites spaced in- tread and it, croissant’.” We do appellant understand wardly progressively de- therefrom claims not to creasing distances. light has shed no further on the Office left for considera- The last reference light subject. feel there is We that what Lejeune, filed in based who totally glows dimly as ineffective so n ona 1934 application. The board French suggestion appel- make as a which would n didnot re- discuss this reference *6 any- lant’s claimed invention obvious to incidentally saying only ferred to it ordinary certainly one and not to one of neces- must that tread making in the tire art faced with skill sarily circumferentially and extend practical problem preventing the saying num- that selection further plies airplane tires, destruction of inflated merely of de- a matter ber landings pounds, by over 200 at over 200 alleging Lejeune sign, one showed that miles hour. any ply. “reinforc- We do not find such ing Lejeune simple plies” for the at all in singly references, failure of the disclose a rubber reason that he does not suggest combination, or in pneumatic he discloses is a tire. What specific limitations of claim 27 which we cycles and automobiles '“tire cover” appel- emphasized, upon which and n whichis made of a specially and woven patentability principally relies lant impregnated with treated cotton fabric art, prior should be evident from over the drawings are sche- rubber latex. foregoing discussion and we see no though they may appear to matic point it out further detail. need to places, a rubber tire such suggest show failure to a' structure Beside a specification. It is is described quite limita- meets detailed which loom woven on a circular 27, not one of thé refer- of claim tions special or cords which are cotton threads problem approaches ences even them, neu- to swell treated with caustic airplane sup- failure or impregnated tralized, shaped, dried why information as They liquid dipping latex. a vat of Appellant service. has not fail in such only drip-dried and vulcanized. are then the causes failure but determined layers portion has two one form the tread remedies, designed a structure has there is no reinforced fabric. Since (cid:127)of success, practical apparently only impregnated fabric, latex rubber shortcomings prior tires in this serv- weight. to no reference is entitled this ice. up our views on the sum We shall now of the board is reversed. The decision given can be No references. Reversed. for the Purdy, Musselman wood, Judge (dissenting). MARTIN, CCPA F.2d That Tuttle and teach my disagree with I am constrained to thickness rubber rather colleaguesin this case. crucial; than in the tread is not therefore apparently Appellant contend does not Hopkinson’s it is Tuttle’s and disclosures any part of structure the basic advantages of the inherent of variation supporting cord tire, other than his layers thickness of rubber tread, novel. between cord has court contend and the Yet he does found, Thus, concept. vides the needed it would is unobvious be obvious to the skilled technician rubber modify art to structural the broad outwardly tread, towards plies of the cord including multiple combinations plies cord vary- me the periphery To thereof. taught Hop- by Lejeune, in the tread element ply spacing is the cord kinson, Liáis, by Musselman or increas- patentability upon proportion of rubber outwards predicated, I am possibly be could towards the of the tread so one feature such a unconvinced that elasticity,” to “increase by when informed one would be unobvious which ordinary inherently improved Tuttle of the ” in the art. skill “» * * *** wearing qualities “ ” * * * * * * longer provi- appealed life claim recites “ * * tires, by Hopkinson cushioning three at least sion of against spacing *, effect ioning severe cush- blows which the radial decreasing prevent sepa- effect progressively tends “to said radially radially ration of the outer from each other,” when specification states plies.” The rubber thickness between inner only “ ** graduated supporting plies out- increased provides wards. spacing desirable in that toward a tire with above, In view of the affirm the * * *.” Whatever decision Board *7 advantages may be achieved commercial longitudinal angle re- improve inforcing stress cords order utilizing simple distribution, design, limitations these appealed claim. in the recited solely requires three a variation 47 CCPA of rubber. Application Harry B. FUGE. advantage re- record Appeal disclosed No. 6442. “* * elasticity increasing lates United States Court of Customs ”; to the it obvious deem and Patent art, in view technician skilled teachings of Tuttle proportion of rubber relative tread cords, increased. teachings apply of a order In another in combination with reference claim, the dis- recitations of a meet bodily the former need not closure into re Att- incorporated the latter.