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 .
Election/Restrictions
Applicant’s election of Group I in the reply filed on 6/23/2025 is acknowledged. Because applicant did not distinctly and specifically point out the supposed errors in the restriction requirement, the election has been treated as an election without traverse (MPEP § 818.01(a)). Claims 4-7 and 9-12 are withdrawn from further consideration as being drawn to a nonelected invention.
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 2, 3 and 8 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 2, the phrase “the void” lacks antecedent basis. It is not clear what void is being referenced. Claim 2 also refers to “a length of a portion” without disclosing the overall element (portion of what?). It is unclear what is being claimed.
Claims 3 and 8, the phrase “the number of twists” lacks antecedent basis.
Claim Rejections - 35 USC § 102/103
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.
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 1-3 and 8 are rejected under 35 U.S.C. 102(a)(1) as anticipated by USPAP 2009/0191396 to Swan or, in the alternative, under 35 U.S.C. 103 as obvious over USPAP 2009/0191396 to Swan in view of USPN 5,588,304 to Koiso and/or USPAP 2013/0048219 to Ferreiro.
Claim 1, Swan discloses a threadlike adhesive body comprising: a core material having a plurality of filaments; and an adhesive, wherein the adhesive covers the core material, the core material is impregnated with the adhesive, and the threadlike adhesive body contains 1 vol % to 55 vol % of voids (see entire document including [0001], [0019], [0020], [0024], [0030], [0042]-[0044], [0100] and [0109]). Swan discloses that the core may be partially embedded in the sheath material by not more than 50% to maintain compressibility [0044] and that the article is compressible by 30% to 90% or more [0024]. Therefore, either Swan inherently teaches that that the adhesive body contains 1 vol % to 55 vol % of (compressible) voids or it would have been obvious to one having ordinary skill in the art to vary the vol% voids, such as claimed, based on the desired adhesive body compressibility.
Claim 2, Swan does not appear to explicitly mention the threadlike adhesive body satisfying the claimed formula but Figure 1 of Swan illustrates the adhesive body being deformed (flattened) between two substrates. Considering that the claimed formula appears to teach a voids with a flattened shape, the deformation process of Swan would inherently result in the adhesive body (deformed) pores of Swan satisfying the claimed formula. Plus, Koiso discloses that it is known in the art to construct a deformation body with oval, rectangular or slit shaped pores to change or control the characteristics of the bodies to be deformed (see entire document including column 4, line 65 through column 6, line 16 and column 7, lines 14-29). Therefore, it would have been obvious to one having ordinary skill in the art to construct the pores of Swan as claimed to change or control the characteristics of the bodies to be deformed.
Claims 3 and 8, Swan does not appear to mention twisting the core material but Ferreiro discloses that it is known in the art to provide twist in an amount of about 3 turns per inch to allow the adhesive body to advantageously expand and spread an adhesive coating (see entire document including [0028]). Therefore, it would have been obvious to one having ordinary skill in the art to twist the core material of Swan as claimed to advantageously expand and spread the adhesive coating.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANDREW T PIZIALI whose telephone number is (571)272-1541. The examiner can normally be reached Monday-Thursday 7am-5pm.
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/ANDREW T PIZIALI/Primary Examiner, Art Unit 1789