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 Objections
Claim(s) 6 is/are objected to because of the following informalities:
Claim 6 recites “The engaged portion” in line 3. The examiner suggests amending to remove the capitalization of --The-- to a lower case --the--
Appropriate correction is required.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are: wire gripping portion, first actuating portion, second actuating portion, engaging portion and engaged portion in claims 1-5; third actuating portion in claim 7.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
Claim Rejections - 35 USC § 102
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.
Claim(s) 1-9 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kearney US 1464939.
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Kearney discloses (see Figures 1-3 above) a wire gripper, comprising: a wire gripping portion (formation gap between 1 and 2) configured to grip a linear object (A) by being closed; and first and second actuating portions (16 and 2) and configured to transition to an engageable state (17 sliding along 18 to open jaws 1 and 2) when the first actuating portion (16) is pushed; wherein in the engageable state (opening of gripping portion), the wire gripping portion is open.
As for claim 2, Kearney discloses wherein among the first and second actuating portions (16 and 2), one has an engaging portion (17) and other one has an engaged portion (18), and when the first actuating portion (16) is pushed, the engaging portion (17) and the engaged portion (18) transition to an engageable state (sliding 17 along slot 18).
As for claim 3, Kearney discloses wherein when the first actuating portion (16) is pushed, the first (16) and second actuating portions (2) transition to the engageable state (opening position), and when the first actuating portion (16) is further pushed in the engageable state, the engaging portion (17) and the engaged portion (18) transition to an engaged state (fully open position, 17 slides to the end of slot 18 to a fully engaged/open state).
As for claim 4, Kearney discloses wherein the first actuating portion (16) has a pushing portion (handle of 16) and a support portion (15), and the engaging portion (17) or the engaged portion (18) is disposed at a connecting part (joint between 15 and 16) between the pushing portion and the support portion (see Figs. 1-3 above).
As for claim 5, Kearney discloses wherein when the pushing portion (16) is pushed, the engaging portion (17) and the engaged portion (18) transition to the engageable state (opening of gripping portion).
As for claim 6, Kearney discloses wherein the engaged portion (18) is formed in a recess shape (slot).
As for claim 7, Kearney discloses wherein the wire gripping portion (gap between 1 and 2) has a first wire gripping portion (2) and a second wire gripping portion (1) disposed opposite to the first wire gripping portion, the first wire gripping portion and the second wire gripping portion grip the linear object (A) by being closed (see Figs. 1-2 above), the first wire gripping portion has a third actuating portion, and the third actuating portion (11 and 12) moves in a direction away from the second wire gripping portion (1) when the linear object passes between the third actuating portion and the second wire gripping portion (see Figs. 1 and 2).
As for claim 8, Kearney discloses wherein when engagement is released (handle 16 is pulled backwards), the wire gripping portion moves in a closing direction (see Fig. 2).
As for claim 9, Kearney discloses wherein the second actuating portion (2) has an annular portion (9).
Claim(s) 1-6 and 8-9 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Svensson US 977236.
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Svensson discloses (see Figures 5 and 6 above) a wire gripper, comprising: a wire gripping portion (formation gap between a and B) configured to grip a linear object (I’) by being closed; and first and second actuating portions (E and A) and configured to transition to an engageable state (p engages p’ or g’ and h2) when the first actuating portion (E) is pushed; wherein in the engageable state (opening of gripping portion), the wire gripping portion is open.
As for claim 2, Svensson discloses wherein among the first and second actuating portions (E and A), one has an engaging portion (hook, p; lug g’) and other one has an engaged portion (pin, p’; recess h2), and when the first actuating portion is pushed, the engaging portion and the engaged portion transition to an engageable state (sliding E along A in slot, h, causing p/g’, to move towards p’/h2 to an engageable position/state).
As for claim 3, Svensson discloses wherein when the first actuating portion is pushed, the first and second actuating portions transition to the engageable state (opening position), and when the first actuating portion (E) is further pushed in the engageable state, the engaging portion (p, g’) and the engaged portion (p’, h2) transition to an engaged state (fully open position, E slides along A and p engages p’ or g’ engages h2).
As for claim 4, Svensson discloses wherein the first actuating portion (E) has a pushing portion (E) and a support portion (F), and the engaging portion (p, g’) or the engaged portion (p’, h2) is disposed at a connecting part (g) between the pushing portion and the support portion (see Figs. 5 and 6 above).
As for claim 5, Svensson discloses wherein when the pushing portion (E) is pushed, the engaging portion (p, g’) and the engaged portion (p’, h2) transition to the engageable state (opening of gripping portion).
As for claim 6, Svensson discloses wherein the engaged portion (h2) is formed in a recess shape (enlarged recess, see Fig. 6 above)
As for claim 8, Svensson discloses wherein when engagement is released, the wire gripping portion moves in a closing direction (dashed lines, see Figs. 8 and 9).
As for claim 9, Svensson discloses wherein the second actuating portion has an annular portion (pin, p’ is annular shaped).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TYRONE V HALL JR whose telephone number is (571)270-5948. The examiner can normally be reached Mon.-Fri. 7:30am-3:30pm.
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, Monica Carter can be reached at (571) 272-4475. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/TYRONE V HALL JR/Primary Examiner, Art Unit 3723