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 7-9, 14 and 20 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 7, line 3, “the gripping portion” lacks antecedent basis.
Claim 14, lines 3-4, “the wide end” and “the narrow end” lack antecedent basis.
Claim 20, line 3, “the plurality of wires” lacks antecedent basis.
Claims 8 and 9 are included in this rejection because of dependency.
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
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.
Claims 1-5, 7-14 and 16-21 are rejected under 35 U.S.C. 103 as being unpatentable over Ling et al. (10790654) in view of Sunaga et al. (8946556).
Ling et al. discloses an apparatus comprising an elongated fitting (106) including an arcuate portion (200), a first helical leg that is formed from a first set of wires (Fig. 5) and extends from one end of the arcuate portion, and a second helical leg that is formed from a second set of wires (Fig. 6) and extends from an opposite end of the arcuate portion, wherein the first and second helical legs together form an axial opening having an internal profile, the first set of wires and the second set of wires together in a double helix defining the internal profile, and wherein both the first set of wires and the second set of wires are wrapped around the internal profile (Figs 2 and 4-7) (re-claim 1).
Ling et al. does not disclose the internal profile being a non-circular internal profile with narrow ends at a major axis and wide ends at a minor axis (re-claim 1).
Sunaga et al. discloses an apparatus comprising an elongated fitting (10) which includes a first leg (20) and a second leg (20), wherein the first and second legs together form an axial opening having a non-circular internal profile with narrow ends at a major axis and wide ends at a minor axis (Figs 2, 6, & 10).
It would have been obvious to one skilled in the art to modify the internal profile of Ling et al. to have a non-circular internal profile with narrow ends at a major axis and wide ends at a minor axis as taught by Sunaga et al. in order to accommodate an object (i.e., a cable) having a non-circular cross-section (i.e., elliptical).
Re-claim 2, Ling et al., as modified, discloses the internal profile being an ellipse.
Re-claim 3, Ling et al., as modified, discloses the first and second legs being wrapped together to form the double helix having the non-circular internal profile which forms the axial opening with a closed shape that defines both the major axis and the minor axis (Fig. 7 of Ling).
Re-claim 4, Ling et al., as modified, discloses the double helix having the non-circular internal profile extending between a distal end of the first and second legs and a crossover point located adjacent to the arcuate portion.
Re-claim 5, Ling et al. discloses a distal end of one of the legs extending further than the other of the legs (col. 11, lines 42-43).
Re-claims 7-8, Ling et al. and Sunaga et al. disclose the first helical leg and the second helical leg each forming gripping portions wrapped around the non-circular internal profile across the major axis and the minor axis, wherein the gripping portion is provided with a surface finish or surface coating, and wherein the surface coating comprises grit provided on an internal surface of at least one of the legs (col. 8, line 59); a contact surface area between the cable gripping portion and the cable extending entirely around the wide end and the narrow end of the cable.
Re-claim 9, although not disclosed in Ling et al., it would have been obvious to one skilled in the art to modify the surface finish of Ling et al. to comprise knurling since Ling et al. teaches that the internal surface of one of the legs need to be irregular or roughened (col. 8, lines 49-51) and since forming an irregular or a roughened surface by knurling is known in the art.
Re-claim 10, although not disclosed in Ling et al., it would have been obvious to one skilled in the art to use galvanized steel or stainless steel wire for the elongated fitting of Ling et al. to meet the specific use of the resulting apparatus since such steels are well-known in the art of their relative high strength and corrosion-resistant.
Re-claim 11, Ling et al. discloses an apparatus for supporting a cable, the cable having an external profile, the apparatus comprising: an elongated fitting (106) including an arcuate portion (200), a first helical leg, and a second helical leg, wherein the first helical leg is formed from a first set of wires that extend-extends from one end of the arcuate portion, wherein the second helical leg is formed from a second set of wires that extend extends from an opposite end of the arcuate portion, wherein each of the first and second helical legs define a double helix disposed around the cable, the double helix having an internal profile, and wherein the internal profile of the double helix matches the circular external profile around the cable such that both the first set of wires forming the first helical leg and the second set of wires forming the second helical leg. Ling et al. does not disclose the external profile and the internal profile being non-circular profile including narrow ends at a major axis and wide ends at a minor axis. Sunaga et al. discloses an apparatus for supporting a cable having a non-circular external profile including narrow ends at a major axis and wide ends at a minor axis, the apparatus comprising an elongated fitting (10) which includes a first leg (20) and a second leg (20), wherein the first and second legs together form an axial opening having a non-circular internal profile with narrow ends at a major axis and wide ends at a minor axis, and wherein the non-circular internal profile matches the non-circular external profile around the cable (Figs 2, 6, & 10). It would have been obvious to one skilled in the art to modify the internal profile of Ling et al. to have a non-circular internal profile with narrow ends at a major axis and wide ends at a minor axis as taught by Sunaga et al. in order to accommodate an object (i.e., a cable) having a non-circular cross-section (i.e., elliptical). It is noted that in the modified apparatus of Ling et al., the first helical leg and the second helical leg grip each of the narrow ends of the major axis and each of the wide ends at the minor axis.
Re-claim 12, Ling et al., as modified, discloses the double helix contacting an outer surface of the cable around the non-circular external profile, including around the wide ends and the narrow ends of the cable (see Sunaga), and the non-circular internal profile of the double helix and the non-circular external profile of the cable being elliptical.
Re-claim 13, Ling et al., as modified, discloses the double helix forming a cable gripping portion that is a channel in which the cable is housed, and extending between a distal end of the first and second helical legs and a crossover point located adjacent to the arcuate portion.
Re-claim 14, Ling et al., as modified, discloses a contact surface area between the cable gripping portion and the cable extending entirely around the cable (see Ling Fig. 7 and Sunaga Figs 2, 6, & 10), and the cable gripping portion being provided with a surface coating at the contact surface area around the wide end and the narrow end of the cable.
Re-claim 16, Ling et al., as modified, discloses the major axis and the minor axis of the non-circular internal profile each intersecting the first set of wires and the second set of wires forming the first helical leg and the second helical leg.
Re-claim 17, Ling et al. discloses a method comprising providing an elongated fitting (106) including an arcuate portion (200), a first helical leg (Fig. 4) extending from one end of the arcuate portion, and a second helical leg (Fig. 4) extending from an opposite end of the arcuate portion, wherein the first helical leg is formed from a first set of wires and the second helical leg is formed from a second set of wires; and forming a channel having an internal profile (Fig. 7) with the first and second legs, wherein forming the channel includes wrapping the first set of wires and the second set of wires in a double helix that defines the internal profile. Ling et al. does not disclose forming the channel such that the internal profile is a non-circular internal profile having narrow ends at a major axis and wide ends at a minor axis. Sunaga et al. discloses a method comprising forming a channel having a non-circular internal profile with a first leg (20) and a second leg (20), wherein the channel includes narrow ends at a major axis and wide ends at a minor axis (Figs 2, 6, & 10). It would have been obvious to one skilled in the art to form the channel, when forming the channel, of Ling et al. to have a non-circular internal profile having narrow ends at a major axis and wide ends at a minor axis, as taught by Sunaga et al. to accommodate an object (i.e., a cable) having a non-circular cross-section (i.e., elliptical).
Re-claim 18, Ling et al., as modified, discloses the internal profile being closed and elliptical.
Re-claim 19, Ling et al., as modified, discloses wrapping the first and second helical legs together in a single component to form the double helix having the non-circular internal profile.
Re-claim 20, Ling et al., as modified, discloses the major axis and the minor axis that each intersect the wires forming at least one of the first and second legs.
Re-claim 21, Ling et al. discloses that forming the channel includes wrapping the first set of wires and the second set of wires around a cable (Ling, col. 2, lines 24-31, winding a first helical winding and a third helical winding around the wire). Ling et al., as modified, discloses that the wide ends and the narrow ends of the non-circular internal profile match wide ends and narrow ends of the cable (Sunga, Figs 2, 6, & 10), wherein the first helical leg and the second helical leg grip the wide ends and the narrow ends of the cable.
Claim 15 is rejected under 35 U.S.C. 103 as being unpatentable over Ling et al. in view of Sunaga et al. as applied to claim 11 above, and further in view of Huang et al. (2016/0099092).
Ling et al. and Sunaga et al. disclose the invention substantially as claimed including the first and second helical legs together in a single component wrapped around the cable, such that at least a portion of each wire in the first set of wires and the second set of wires is in contact with an outer surface of the cable around the narrow ends of the major axis and the wide ends of the minor axis, wherein at least two wires in the first set of wires form the first helical leg, and wherein at least two wires in the second set of wires form the second leg.
Ling et al. and Sunaga et al. do not disclose the first leg and the second leg being bonded together. Huang et al. discloses an apparatus comprising a helix ([0025]) including a plurality of wires which are bonded together (via adhesive 106) in a single component wrapped around a cable (101/102). It would have been obvious to one skilled in the art to bond all the wires in the first set of wires and the second set of wires together, as taught by Huang et al., to secure the wires on the cable. It is noted that in the modified apparatus of Ling et al., the first and second helical legs are bonded together.
Response to Arguments
Applicant’s arguments with respect to claims 1, 11, 17, and 21 have been considered but are moot in view of new ground of rejection.
Applicant argues that Sunaga does not disclose any portion of the flat cable 10, including the shells 20, as being wrapped around a non-circular internal profile. Examiner would disagree. First, the claimed invention does not call for a cable. It calls for an apparatus. Second, Sunaga does disclose cable (16) being wrapped around by a non-circular internal profile (Figs 2, 6, or 10) formed by first leg (20) and second leg (20).
Applicant argues that Sunaga does not disclose either the shells 20, or any other portion of the flat cable 10 as being wrapped around non-circular external profile. Examiner would disagree. Cable (16) of Sunaga has a non-circular external profile which is wrapped around by a non-circular internal profile formed by first leg (20) and second leg (20).
Applicant argues that the solder layers 26 in Sunaga occupy all space including a major axis between the insulated conductors 16 and obstruct the grooves 22 and the edge portions 24 from wrapping around either narrow end of the insulated conductors 16 at the major axis. Examiner would disagree because Figures 6 and 10 of Sunaga show that each cable 16 is wrapped around first and second legs (20) including the narrow ends at the major axis.
Applicant argues that the two shells 20 of Sunaga do not wind around insulated conductors 16. Examiner would disagree. Sunaga is relied upon only to support the position that an internal profile formed by two legs can have a non-circular internal profile. Features of the internal profiled formed by two legs are already disclosed in Ling.
Contact Information
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHAU N NGUYEN whose telephone number is (571)272-1980. The examiner can normally be reached M-Th, 7am to 5:30pm.
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/CHAU N NGUYEN/Primary Examiner, Art Unit 2841