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 .
Priority
Acknowledgment is made of applicant's claim for domestic priority under 35 U.S.C. 120. The PCT Application Number PCT/JP2022/015330, being filed on March 29, 2022.
Acknowledgment is made of applicant's claim for foreign priority under 35 U.S.C. 119(a)-(d). The certified copy has been filed in present Application filed on November 02, 2023.
Information Disclosure Statement
The information disclosure statements filed November 02, 2023 have been submitted for consideration by the Office. It has been placed in the application file and the information referred to therein has been considered.
Applicants must continue to share prior art references throughout the patent application process. A supplemental IDS must be submitted if prior art is discovered through a foreign patent application or an International Patent Search, or a related application before a prosecution closes.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 2-5 and 7 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Rejection of claims 2-5 and 7, the limitation “wherein the entire water-stop cover is the elastic tube” is failing to comply with the written description requirement. Based on figure 3, the claim is indefinite because it is elastic tube as cover which fills the gap contact the insulating coating and between the insulating coating and the housing. Therefore, claim new matter wherein resin provided as filling layer instead of the elastic tube.
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.
Claim 1-7 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.
Rejection of claim 1, the limitation “a water-stop cover that fills a mesh of the braid and is located between the housing and the insulating coating; wherein the water-stop cover has an elastic portion and is held between the housing and the insulating coating” is indefinite for failing to particularly point out and distinctly claim the subject matter.
It is not clear what a water-stop cover fills a mesh of the braid and is located between the housing and the insulating coating. Also, when water-stop cover fills a mesh of the braid by resin filler, the cover lacks essential underlying structure.
It should be properly clarified in order claim rejected properly. Note that there is clear difference when the water-stop cover has or is the elastic tube.
wherein the water-stop cover has an elastic portion (40 has 41 and 42 figure 1) and is elastic portion (cover 60 is elastic portion in figure 3) held between the housing and the insulating coating; therefore, it appears that the water-stop cover has an elastic portion is reading on only figure 1 which lacks proper essential underlying structure.
Rejection of claims 6, the limitation “wherein the entire water-stop cover is the elastic tube” is indefinite for failing to particularly point out and distinctly claim the subject matter.
Claim 1 mentions that the entire water-stop cover has the elastic tube; while the entire water-stop cover is the elastic tube. Therefore, claim 6 in view of claim 1 provides multiple conflicting meaning in order to define two different structure of two different embodiment by claim language which is not possible.
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-AlA) 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.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-7 are rejected under 35 U.S.C. 102 (a)(1)/ (a)(2) (whichever apply)as being anticipated by Ogue et al. (US20190115121, hereinafter Ogue or Hideomi et al. (JP2016119821, hereinafter Hideomi).
Rejection of claims 1,Ogue (figures 1-10) or Hideomi (figures 1-3) discloses a wire harness comprising:
a shielded wire having a core wire (a core wire 12a in Ogue; a core wire 2 in Hideomi),
an insulating coating covering an outer periphery of the core wire (an insulating coating 12b in Ogue), and
a braid covering an outer periphery of the insulating coating (a braided wire 13 in Ogue; or specification of Hideomi states that “The conductive path 2 is for a high voltage, and includes a conductor and an insulator” or insulator stopper 4 (whichever apply) in Hideomi);
a housing covering an outer periphery of the braid (a grommet 20 in Ogue; or a grommet 6 in Hideome ); and
a water-stop cover that fills a mesh of the braid and is located between the housing and the insulating coating (14-15 or 14 in Ogue and see paragraph 0027 of Ogue; Or 4-5 or 5 in Hideome and see abstract of Hideome),
wherein the water-stop cover has an elastic portion and is held between the housing and the insulating coating (14-15 or 14 in Ogue; or 4-5 or 5 in Hideome).
Rejection of claim 2,Ogue (figures 1-10) discloses the wire harness according to claim 1 wherein: the water-stop cover has a resin filler and the elastic tube,
the resin filler fills the mesh of braid and is located in an area reaching the insulating coating, and the elastic tube is held between the housing and the resin filler (see two part cover in the rejection of claim 1 above of Ogue).
Rejection of claim 4,Ogue (figures 1-10) discloses the wire harness according to claim 1 wherein: the resin filler is adhered to the insulating coating (see Ogue in figures 1-10).
Rejection of claim 5,Ogue (figures 1-10) discloses wherein: the resin filler is adhered to the insulating coating (see Ogue in figures 1-10).
Rejection of claims 2-5, Hideomi (figures 1-3) discloses wherein: the water-stop cover has a resin filler and the elastic tube,
the resin filler fills the mesh of braid and is located in an area reaching the insulating coating, and the elastic tube is held between the housing and the resin filler (see these claim do not apply or considered to withdrawn when a water-stop cover has only elastic tube which fills the gap between braid in claim 1: herein hideomi has insulting rubber stop 4 as insulating coting and resin filling portion 5 as elastic tube made of silicone or butyl material ).
Rejection of claims 6, Hideomi (figures 1-3) discloses the wire harness according to claim 1 wherein: wherein: the water-stop cover has a resin filler and the elastic tube,
the resin filler fills the mesh of braid and is located in an area reaching the insulating coating, and the elastic tube is held between the housing and the resin filler (see these claim do not apply or considered to withdrawn when a water-stop cover has only elastic tube which fills the gap between braid in claim 1: herein hideomi has insulting rubber stop 4 as insulating coting and resin filling portion 5 as elastic tube made of silicone or butyl material ).
Rejection of claim 7,Ogue or Hideome discloses the wire harness according to wherein an inner side of the water-stop cover in a radial direction is adhered to the insulating coating, and an outer side of the water-stop cover in the radial direction is flatly pressed and in intimate contact with the housing. (see Ogue in figures 1-10 or Hideomi in figures 1-3 ).
Pertinent Prior Arts
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Please refer to the enclosed PTO-892 form for the citation of pertinent art in the present case, all of which disclose various wire harness bracket assemblies.
Communication
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PARESH PAGHADAL whose telephone number is (571)272-5251. The examiner can normally be reached 7:00AM-4:00PM, Monday - Thursday.
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/PARESH PAGHADAL/ Primary Examiner, Art Unit 2847