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 § 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)(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, 3-8, 10-11 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Maniero (US 5818012).
Maniero discloses in reference to claim:
A power indicator cap 16 for a heating cable 12 comprising: a power indicator 60 that illuminates when connected to a distal end 19 of a heating cable 12 that has been connected to a power source at a proximal end 17 of the heating cable; an attachment mechanism 16 (Fig. 1) that allows the power indicator to be electrically connected to the distal end 19 of the heating cable;
the attachment mechanism 16 comprising:
a proximal component 52/56 that includes a crimp sleeve 57 (cable 12 is crimped within)at a proximal end of the proximal component 52/56;
a distal component 50 including the power indicator 60;
wherein one of the proximal component and the distal components includes a
receptacle 52 for receiving connectors 67/68 of the other of the proximal and distal components
such that, when connected, an electrical connectivity is established between the power
indicator 60 and the heating cable 12.
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3. (Currently Amended) The power indicator cap of claim 1 wherein the receptacle 52 for receiving connectors of the other of the proximal and distal components comprises a female component 70/71 and a male component 68/67.
4. (Currently Amended) The power indicator cap of claim 1 further comprising a connection feature 54 configured to interact with a corresponding connection feature of a cable pulling device (a puller’s hand or clamp).
5. (Currently Amended) The power indicator cap of claim 4 wherein the connection feature comprises an aperture A that extends through the cable cap.
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6. (Currently Amended) The power indicator cap of claim 3 wherein the receptacle 52 for receiving connectors of the other of the proximal and distal components comprises a female receptacle 70/71 on the proximal component.
7. The power indicator cap of claim 3 wherein the male component comprises at least one lead 68
8. (Currently amended) The power indicator cap of claim 7 wherein the male component comprises two leads 68/67.
10. (Currently amended) A method of verifying electrical power is being supplied to a distal end of a heating cable 12 comprising: crimping (at recess 57) a proximal connector 16 to a distal end 19 of a length of heating cable 12 between a proximal end 17 and a distal end 19; connecting the heating cable 12 to the power supply (via 34/36/38); connecting a distal component 50 having a power indicator 60 into the proximal connector 52; verifying electrical power is reaching the power indicating cap 60 by observing illumination of an indicator light on the power indicator cap.
11. (Currently Amended) The method of claim 10 wherein connecting the distal component 50 comprises connecting a male connector 68/67 on the distal component into a female connector 70/71 on the proximal connector 52.
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.
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) 1, 3-8, 10-11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Schoff (US 4101190) in view of Schaffer (US 3879099)
Schoff discloses in reference to claim:
A power indicator cap 40/104 for a heating cable 18 comprising: a power indicator 90/106 that illuminates when connected to a distal end at 120 of a heating cable 18 that has been connected to a power source at a proximal end 21 of the heating cable; an attachment mechanism 30/40 that allows the power indicator to be electrically connected to the distal end of the heating cable;
the attachment mechanism 30/40 comprising:
a proximal component 30 that includes a connection sleeve at 56 (cable 18 is connected within) at a proximal end of the proximal component 30/40;
a distal component 40 including the power indicator 90/106;
wherein one of the proximal component 30 and the distal components 40 includes a
receptacle 80 for receiving connectors 48/50/52/54 of the other of the proximal and distal components such that, when connected, an electrical connectivity is established between the power indicator 90/106 and the heating cable 18.
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Schoff does not explicitly disclose the use of a crimp sleeve as the connection means for the heating cable.
Schaffer discloses a similar attachment mechanism including the use of a crimp sleeve 18/20 as a means for making an electrical connection to a flexible cable 12 in an attachment mechanism 14.
It would have been obvious to substitute the known means of electrical connection using a crimp sleeve as taught by Schaffer in the device of Schoff in order to provide a quick means for connection to the heating cable.
3. (Currently Amended) The power indicator cap of claim 1 wherein the receptacle 80 for receiving connectors of the other of the proximal and distal components comprises a female component and a male component See figure 3.
4. (Currently Amended) The power indicator cap of claim 1 further comprising a connection feature (outer housing) configured to interact with a corresponding connection feature of a cable pulling device (a puller’s hand or clamp).
5. (Currently Amended) The power indicator cap of claim 4 wherein the connection feature comprises an aperture that extends through the cable cap. Note the housing comprises at least an aperture extending through the cable cap for the electrical connections.
6. (Currently Amended) The power indicator cap of claim 3 wherein the receptacle 80 for receiving connectors of the other of the proximal and distal components comprises a female receptacle on the proximal component. See Figure 3
7. The power indicator cap of claim 3 wherein the male component comprises at least one lead. See Figure 3
8. (Currently amended) The power indicator cap of claim 7 wherein the male component comprises two leads. See Figure 3
Regarding claims 10-11, see the above discussion, mutatis mutandis
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Response to Arguments
Applicant’s arguments with respect to the pending claim(s) 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 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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to THOR S CAMPBELL whose telephone number is (571)272-4776. The examiner can normally be reached M,W-F 6:30-10:30, 12-4.
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, Ibrahime Abraham can be reached at 5712705569. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/THOR S CAMPBELL/
Primary Examiner
Art Unit 3761
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