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 § 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 1-4 and 7-15 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 1, lines 16-18 recite “a pressure contour”, “a second outer clamping wall” and “a
first inner clamping wall”. However, these elements were already recited in lines 2 and 4 of claim 1. Therefore it is unclear if new elements are being claimed or if lines 16-18 refer back to the same elements already recited in lines 2 and 4 of the claim. Clarification is needed.
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) 1-4 and 7-13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ming-Hwa 5,024,606.
In regard to claim 1, Ming-Hwa discloses a cable screw connection system (fig. 6) comprising:
a pressure element 31 including a pressure contour 21; and
a connecting part 10 including a clamping fixture,
wherein the clamping fixture includes a first inner clamping wall 12 and a second outer clamping wall 17 between which a groove is formed into which a reinforcement 43, 44 of a reinforced cable 40 is insertable and clamped by the screw connection system (at 32 on 31),
wherein at least one of the first, inner clamping wall 30 and the second, outer clamping wall is connected in one piece to the connecting part 10 (see fig. 2),
wherein the pressure element 31 is configured to be applied to the connecting part, and wherein the second outer clamping wall of the clamping fixture 17 is configured to be deformed by the pressure contour 21, and
wherein the second outer clamping wall 17 extends circumferentially around the first inner clamping wall 12,
wherein the pressure contour 21 of the pressure element 31 is arranged in such a way that the pressure contour 21 deforms at least the second outer clamping wall 17 of the clamping fixture in such a way that the reinforcement 43, 44 of the reinforced cable is held between is held between the first inner clamping wall 12 of the clamping fixture and the second outer clamping wall 17,
wherein the first, inner clamping wall 12 is arranged in a receiving recess in such
a way that it does not exert any pressure on a long molded part 11 inserted in the
screw connection system 31 even in the case of maximum deformation by the pressure contour 21.
Ming-Hwa discloses the outer clamping wall as having a thinner portion 15, but it is unclear If the thinner portion is thinner than the inner clamping wall 12. However, it would have been obvious to one of ordinary skill in the art to make the outer clamping wall thinner than the inner clamping wall because the outer clamping wall of Ming-Hwa is meant to deform inward and a change in the size of a prior art device is a design consideration within the skill of the art. In re Rose, 220 F.2d 459, 105 USPQ 237 (CCPA 1955).
In regard to claim 2, wherein the first inner clamping wall 12 is arranged concentrically to the second outer clamping wall 17.
In regard to claim 3, wherein the first inner clamping wall 12, or the second outer clamping wall 17, or both the first inner clamping wall and the second outer clamping wall are at least partially cylindrical in shape or at least partially conical in shape or at least partially both cylindrical and conical in shape (see fig. 2).
In regard to claim 4, wherein the pressure contour 31 is configured to deform the second outer clamping wall 17 in a direction of the first inner clamping wall 12 (see fig. 6).
In regard to claim 7, wherein the second outer clamping wall 17 comprises at least one weakening zone 15.
In regard to claim 8, wherein the first inner clamping wall 12 projects beyond the second outer clamping wall 17 at least in a longitudinal direction of the connecting part (see fig. 2).
In regard to claim 9, wherein the first inner clamping wall 12 has a chamfer (at the top end in fig. 2).
In regard to claim 10, wherein the second outer clamping wall 17 includes at least one radially extending viewing recess (the longitudinal slots 14’ would create a view recess).
In regard to claim 11, wherein the second outer clamping wall 17 has at least one slot 14’ in a longitudinal direction of the connecting part.
In regard to claim 12, Ming-Hwa discloses a method of screwing together a cable 40 with a reinforcement 44, 43 via the screw connection system 33, 31 according to Claim 1, the method comprising:
exposing the reinforcement 44, 43 of the cable;
inserting the long molded part 11 into the screw connection system 31;
inserting the exposed reinforcement 44, 43 into the clamping fixture (groove between 12 and 17) of the connecting part 10; and
applying the pressure element 31 of the screw connection system to the connecting part of the screw connection system (see fig. 3),
wherein the pressure contour 21 of the pressure element 31 deforms at least the second outer clamping wall 17 that continuously extends circumferentially around the first inner clamping wall 12 of the clamping fixture and the second outer clamping wall 17.
In regard to claim 13, further comprising checking a penetration depth of the exposed reinforcement into the clamping fixture via at least one viewing recess (the slots 14’ would allow one to see if 44, 43 is fully inserted into 10).
Allowable Subject Matter
Claims 14-15 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.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-4 and 7-13 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.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Holliday discloses a similar connector that is common and well known in the art.
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 DAVID E. BOCHNA whose telephone number is (571)272-7078. The examiner can normally be reached Monday-Friday 8:00-5:30.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Matthew Troutman can be reached at (571) 270-3654. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/DAVID BOCHNA/Primary Examiner, Art Unit 3679