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 .
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the “conductive filament in any combination of horizontally, vertically and/or helically in the object” must be shown or the feature(s) canceled from the claim(s).
Figure 2 is two figures and should be corrected to Fig. 2A and 2B. The expanded view of area “A” requires a separate designation --2B--.
The drawings fail to show at least the combination of “horizontally and vertically”, “horizontally and helically”, and/or “horizontally, vertically and helically” found in claims 5 and 17.
Also see:
“A plurality of conductive filament is installed horizontally into the object” found in claim 6.
“The conductive filament is installed in any combination of horizontally, vertically and/or helically onto the object” found in claim 9 (similar to claims 5 and 17 above).
No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Specification
The disclosure is objected to because of the following informalities:
In paragraph 009, beginning of the second sentence, replace “1” with --Fig. 1--.
In paragraph 024, line 6, remove the extra spacing. Also, the last two “sentences” of this paragraph are incomplete.
Appropriate correction is required.
Claim Objections
Claims 5, 6, 9, 12 and 17 are objected to because of the following informalities:
In claims 5, 9 and 17, replace “and or” with --and/or--.
In claim, claim 6, replace “into” with --onto-- (which corresponds with the claims and the specification.
In claim 12, line 2, insert --filament-- after “conductive”.
Appropriate correction is required.
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 5, 6, 9 and 17 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.
For claims 5 and 17, how are the conductive filaments embedded in horizontal, vertical and/or helical in the object?
For claim 6, how the conductive filament is installed horizontally into the object. Clarify the direction of the filament by referencing the central axis.
For claim 9, how are the conductive filaments installed in horizontal, vertical and/or helical onto the object?
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)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1, 3-10, 12-13 and 16-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Blemel, US Pub. 2007/0021941.
Regarding claims 1 and 10, Blemel teaches a method for monitoring wear, strain and structural integrity on or in an object, wherein the object is formed about an axis (device for assessing the integrity of insulated conduit, harnesses, cables, pipelines and other interconnected systems for the purpose of understanding the location, degree and risk of damage and deterioration, and the cause thereof; see at least the abstract, paragraphs 0048-0052 and figs. 2A-2C and 3), comprising:
embedding a minimum of one conductive filament into a wall of the object (conductive filament 3, 4 and/or 5 are embedded between the object formed of insulations 2 and 14; see at least fig. 3), or installing a conductive filament onto a surface of the object (the conductive filament is installed onto the surface of the object 2; see fig. 3);
attaching or extending a minimum of two leads (leads comprises of power source and leads connecting to the microcontroller 13; see at least fig. 4) from the conductive filament for measurement; and
measuring and interpreting a level of resistance or conductivity found throughout the conductive filament (the microcontroller 13 for sensor management, data processing the communication; see at least paragraphs 0063-0065 and 0090-0095).
Regarding claims 3 and 15, Blemel teaches the conductive filament being embedded vertically in the object (conductive filament 3, 4 and/or 5 are embedded between the object formed of insulations 2 and 14; see at least fig. 3.
Regarding claims 4, 5, Blemel teaches the conductive filament being embedded helically in the object (conductive filament 3, 4 and/or 5 are embedded between the object formed of insulations 2 and 14; see at least fig. 3).
Regarding claim 6 and 18, Blemel teaches the method of claim 1, wherein a plurality of conductive filaments is installed horizontally onto the object (See fig 2C. This claim was examined with the term “onto” due to its typographical err. Also, see the 112(b) rejection for claim 6 above.).
Regarding claims 7 and 19, Blemel teaches the method of claim 1, wherein the conductive filament is installed vertically onto the object (See fig. 2A. Also, claim does not recite 90 degrees or right angle.).
Regarding claims 8 and 20, Blemel teaches the method of claim 1, wherein the conductive filament is installed helically onto the object (see fig. 2B).
Regarding claim 9, Blemel teaches the method of claim 1, wherein the conductive filament is installed in any combination of horizontally, vertically and/or helically onto the object (see figs. 2A-2C, vertically, helically or horizontally, respectively).
Regarding claim 12, Blemel teaches the system of claim 10 wherein the object is formed about an axis (axis relative to cire 1; see fig. 3) and a plurality of conductive filaments (3, 4 and/or 5) are embedded into the wall of the object (conductive filament 3, 4 and/or 5 are embedded between the object formed of insulations 2 and 14; see at least fig. 3).
Regarding claim 13, Blemel teaches the system of claim 10, wherein the object is formed about an axis, and a plurality of conductive filaments are mounted onto the object (the conductive filaments 3, 4 and 5 are installed onto the surface of the object 2, the object may be formed of insulations 2 and 14; see fig. 3).
Regarding claims 16 and 17, plurality of conductive filaments (3, 4 and 5) are embedded helically in the object (conductive filament 3, 4 and/or 5 are embedded between the object formed of insulations 2 and 14; see at least fig. 3).
Claim Rejections - 35 USC § 103
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) 2, 11 and 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Blemel.
Regarding claim 2, Blemel teaches the claimed invention except for the conductive filament being embedded horizontally in the object.
Blemel teaches (in fig. 2C) a structure wherein the conductive filaments in a horizontal direction to the center axis. Belmel teaches that the conductive filaments may take on horizontal, vertical or helical direction to the center axis, or any angle consistent for measurement of the path for the purpose of detecting damages to the conductive filament.
It would have been obvious to one skilled in the art before the effective filing date of the current invention to combine the teaching taught by Blemel, since the conductive filament may take on any angle needed for the purpose detecting damages to the conductive filament.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KYUNG S LEE whose telephone number is (571)272-1994. The examiner can normally be reached 7AM-3PM M-F.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Renee Luebke can be reached at 571-272-2009.
The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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KYUNG S. LEE
Primary Examiner
Art Unit 2833
/KYUNG S LEE/Primary Examiner, Art Unit 2833