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 § 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) 1-24 is/are rejected under 35 U.S.C. 103 as being unpatentable over Shely, US 5,295,285 in view of Harsley, US 2016/0001943.
Regarding claim 1, Shely discloses an object bundling apparatus comprising: a body (22) having an opening (28) extending through the body (22), the opening (28) defining an insertion chamber having a channel wall (boundary wall defining the opening 28), a first shoulder (54), and a second shoulder (54) opposite the first shoulder; a biasing member (56) extending (hinged) from the channel wall into the insertion chamber (figure 4); at least one body engagement member (58) disposed on the biasing member (figure 4), the at least one body engagement member (58) comprising a holding surface (engagement face of 58) laterally bound by a first side of the at least one body engagement member (58) and a second side of the at least one body engagement member (see the opposing lateral sides of 56 for the ‘first and second sides’ of 58), the holding surface (face of 58) positioned laterally between the first shoulder and the second shoulder (member 56 received in a channel 38 between the shoulders 54); and, a strap (24) adapted to be passed through the opening (28) in a direction of insertion, the strap (24) comprising: a first free end (26) and a terminal second end (attached to the body), the strap (24) made integral with the body (22) at the terminal second end (figures 1-2) and forming a unitary object bundling apparatus (figures 1-2); and a bottom surface (front side of the strap; figure 1) which includes a recessed medial portion (38) laterally bound by a first trap edge (36) and a second strap edge (36), wherein the strap (24) includes a plurality of strap engagement members (44) along the bottom surface (the front side; see figures 1 and 5), each of the plurality of strap engagement members (44) comprising a contact surface (52) laterally bound by the first strap edge (36) and the second strap edge (36), when the strap (24) is inserted in the insertion chamber, the bottom surface (front side) is supported on the first shoulder (54) and the second shoulder (54) and the strap medial portion (38) overlays (register over) the biasing member (56), and wherein the strap engagement members and body engagement member ratchet into firmer locking engagement upon advancement of the strap in a direction opposite to the direction of insertion (pawl teeth 58 biting more firmly into rack teeth 44 under holding load).
Shely does not explicitly disclose the holding surface (of the at least one body engagement member) having a non-linear surface profile (bounded by the first and second sides) and the contact surface (of the plurality of strap engagement members) having a non-linear surface profile extending laterally across the strap between the first strap edge and the second strap edge, wherein the non-linear contact surface profile of the strap (24) is configured to nest within the non-linear holding surface profile of the body (22) upon advancement of the strap (24) in the direction opposite the direction of insertion.
Harsley teaches an object bundling apparatus wherein the body engagement member (5) comprises a holding surface (chevron rung 3, functioning as an aperture bounding rung 13; bound by first and second sides 2) having a non-linear surface profile (bound by the first and second sides; see figures 3, 15, 19 and 22) and the strap engagement member (3) having a contact surface (of 3) that comprises a non-linear surface profile (to engage the members 5 of the rung 13 in figure 15) wherein the non-linear contact surface profile of the strap (of 17) is configured to nest (“when pulled in the reverse direction, the rung 13 engages to form a co-operative latch and thereby prevent withdrawal”) within the non-linear holding surface profile (a curved profile) of the body (of the front end) upon advancement of the strap (the strip) in the direction (figure 15) opposite the direction of insertion (see figures 14 and 15). It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the contact surface profiles of Shely to be non-linear as taught by Harsley to increase load capacity, reduce wear (due to the camming interaction) and improve vibration resistance (since the curved surfaces can draw the engagement pawl member deeper into the strap as tension increases).
Regarding claim 2, the combination of Shely and Harsley teaches the object bundling apparatus of claim 1. Harsley further teaches wherein the holding surface of the at least one body engagement member (5) has an arc-shaped surface profile (see figures 3 and 14).
Regarding claim 3, the combination of Shely and Harsley teaches the object bundling apparatus of claim 2. Harsley further teaches wherein the holding surface of the at least one body engagement member (5) has a concave surface profile (concave away from the forward direction) relative to the direction of insertion (see figure 14).
Regarding claim 4, the combination of Shely and Harsley teaches the object bundling apparatus of claim 2. Harsley further teaches wherein the holding surface of the at least one body engagement member (5) has a convex surface profile (convex from the forward direction) relative to the direction of insertion (see figure 14).
Regarding claim 5, the combination of Shely and Harsley teaches the object bundling apparatus of claim 2. Harsley further teaches wherein the contact surface of the plurality of strap engagement members (3) has a concave arc-shaped surface profile (see figures 3 and 14) relative to the direction of insertion (figure 14).
Regarding claim 6, the combination of Shely and Harsley teaches the object bundling apparatus of claim 2. Harsley further teaches wherein the contact surface of the plurality of strap engagement members (3) has a convex arc-shaped surface profile (see figures 3 and 14) relative to the direction of insertion (figure 14).
Regarding claim 7, the combination of Shely and Harsley teaches the object bundling apparatus of claim 1. Harsley further teaches wherein the holding surface of the at least one body engagement member (5) has a chevron-shaped surface profile (see figures 1, 2 and 15) extending between the first side (29) and second side (29).
Regarding claim 8, the combination of Shely and Harsley teaches the object bundling apparatus of claim 7. Harsley further teaches wherein the chevron-shaped surface profile (figures 1, 2 and 15) is defined by angled lateral portions (7) extending between the first side (29) and second side (29).
Regarding claim 9, the combination of Shely and Harsley teaches the object bundling apparatus of claim 7. Harsley further teaches wherein the contact surface of the plurality of strap engagement members (3) has a chevron-shaped surface profile (see figure 15) extending between the first strap edge (on one rail 2) and second strap edge (on the other rail 2; see figure 15).
Regarding claim 10, the combination of Shely and Harsley teaches the object bundling apparatus of claim 9. Harsley further teaches wherein the chevron-shaped surface profile (see figure 3) is defined by angled lateral portions (7) extending between the first strap edge (on the one rail 2) and second strap edge (on the other rail 2).
Regarding claim 11, the combination of Shely and Harsley teaches the object bundling apparatus of claim 1. Harsley further teaches wherein the holding surface of the at least one body engagement member (5) has a surface profile defined by a flat medial portion (64) and angled lateral portions (7) extending from the flat medial portion (64) to the first side (29) and second side (29).
Regarding claim 12, the combination of Shely and Harsley teaches the object bundling apparatus of claim 11. Harsley further teaches wherein the contact surface of the plurality of strap engagement members (3) has a surface profile defined by a flat medial portion (64) and angled lateral portions (7) extending from the flat medial portion (64) to the first strap edge (on one rail 2) and second strap edge (on the other rail 2).
Regarding claim 13, Shely discloses an object bundling apparatus comprising: a body (22) having an opening (28) extending through the body (22), the opening (28) defining an insertion chamber having a channel wall (boundary wall defining the opening 28), a first shoulder (54), and a second shoulder (54) opposite the first shoulder; a biasing member (56) extending (hinged) from the channel wall into the insertion chamber (figure 4); at least one body engagement member (58) disposed on the biasing member (56), the at least one body engagement member (58) comprising a holding surface (engagement face of 58) laterally bound by a first side of the at least one body engagement member (58) and a second side of the at least one body engagement member (58; see the opposing lateral sides of 56), the holding surface (of 58) positioned laterally between the first shoulder and the second shoulder (member 56 received in a channel 38 between the shoulders 54); and, a strap (24) adapted to be passed through the opening (28) in a direction of insertion, the strap (24) comprising: a first free end (26) and a terminal second end (attached to the body), the strap (24) made integral with the body (22) at the terminal second end (figures 1-2) and forming a unitary object bundling apparatus (figures 1-2); and a bottom surface (front side of the strap; figure 1) which includes a recessed medial portion (38) laterally bound by a first trap edge (36) and a second strap edge (36), wherein the strap (24) includes a plurality of strap engagement members (44) along the bottom surface (the front side; see figures 1 and 5), each of the plurality of strap engagement members (44) comprising a contact surface (52) laterally bound by the first strap edge (36) and the second strap edge (36), the contact surface (52) having a surface profile extending laterally across the strap (24) between the first strap edge (36) and second strap edge (36), when the strap (24) is inserted in the insertion chamber, the bottom surface (front side) is supported on the first shoulder (54) and the second shoulder (54) and the strap medial portion (38) overlays (register over) the biasing member (56), and the contact surface profile of the strap (24) is configured to abut against the holding surface profile (of the engagement member) of the body (22) upon advancement of the strap (24) in a direction opposite the direction of insertion.
Shely does not explicitly disclose the holding surface having a non-linear surface profile and the contact surface having a non-linear surface profile extending laterally across the strap (24) between the first strap edge and second strap edge, and wherein the non-linear contact surface profile of the strap (24) is configured to abut against the non-linear holding surface profile of the body (22) upon advancement of the strap (24) in the direction opposite the direction of insertion.
Harsley teaches an object bundling apparatus wherein the body engagement member (5) comprises a holding surface (chevron rung 3, functioning as an aperture bounding rung 13; bound by first and second sides 2) having a non-linear surface profile (bound by the first and second sides; see figures 3, 15, 19 and 22) and the strap engagement member (3) having a contact surface (of 3) that comprises a non-linear surface profile (to engage the members 5 of the rung 13 in figure 15) wherein the non-linear contact surface profile of the strap (of 17) is configured to nest (“when pulled in the reverse direction, the rung 13 engages to form a co-operative latch and thereby prevent withdrawal”) within the non-linear holding surface profile (a curved profile) of the body (of the front end) upon advancement of the strap (the strip) in the direction (figure 15) opposite the direction of insertion (see figures 14 and 15).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the contact surface profiles of Shely to be non-linear as taught by Harsley to increase load capacity, reduce wear (due to the camming interaction) and improve vibration resistance (since the curved surfaces can draw the engagement pawl member deeper into the strap as tension increases).
Regarding claim 14, the combination of Shely and Harsley teaches the object bundling apparatus of claim 13. Harsley further teaches wherein the holding surface of the at least one body engagement member (5) has an arc-shaped surface profile (see figures 3 and 14) between the first side and the second side.
Regarding claim 15, the combination of Shely and Harsley teaches the object bundling apparatus of claim 14. Harsley further teaches wherein the holding surface of the at least one body engagement member (5) has a concave surface profile (concave away from the forward direction) relative to the direction of insertion (see figure 14).
Regarding claim 16, the combination of Shely and Harsley teaches the object bundling apparatus of claim 14. Harsley further teaches wherein the holding surface of the at least one body engagement member (5) has a convex surface profile (convex from the forward direction) relative to the direction of insertion (see figure 14).
Regarding claim 17, the combination of Shely and Harsley teaches the object bundling apparatus of claim 14. Harsley further teaches wherein the contact surface of the plurality of strap engagement members (3) has a concave arc-shaped surface profile (see figures 3 and 14) relative to the direction of insertion (figure 14).
Regarding claim 18, the combination of Shely and Harsley teaches the object bundling apparatus of claim 14. Harsley further teaches wherein the contact surface of the plurality of strap engagement members (3) has a convex arc-shaped surface profile (see figures 3 and 14) relative to the direction of insertion (figure 14).
Regarding claim 19, the combination of Shely and Harsley teaches the object bundling apparatus of claim 13. Harsley further teaches wherein the holding surface of the at least one body engagement member (5) has a chevron-shaped surface profile (see figures 1, 2 and 15) extending between the first side (29) and second side (29).
Regarding claim 20, the combination of Shely and Harsley teaches the object bundling apparatus of claim 19. Harsley further teaches wherein the chevron-shaped surface profile (figures 1, 2 and 15) is defined by angled lateral portions (7) extending between the first side (29) and second side (29).
Regarding claim 21, the combination of Shely and Harsley teaches the object bundling apparatus of claim 19. Harsley further teaches wherein the contact surface of the plurality of strap engagement members (3) has a chevron-shaped surface profile (see figure 15) extending between the first strap edge (on one rail 2) and second strap edge (on the other rail 2; see figure 15).
Regarding claim 22, the combination of Shely and Harsley teaches the object bundling apparatus of claim 21. Harsley further teaches wherein the chevron-shaped surface profile (see figure 3) is defined by angled lateral portions (7) extending between the first strap edge (on the one rail 2) and second strap edge (on the other rail 2).
Regarding claim 23, the combination of Shely and Harsley teaches the object bundling apparatus of claim 13. Harsley further teaches wherein the holding surface of the at least one body engagement member (5) has a surface profile defined by a flat medial portion (64) and angled lateral portions (7) extending from the flat medial portion (64) to the first side (29) and second side (29).
Regarding claim 24, the combination of Shely and Harsley teaches the object bundling apparatus of claim 23. Harsley further teaches wherein the contact surface of the plurality of strap engagement members (3) has a surface profile defined by a flat medial portion (64) and angled lateral portions (7) extending from the flat medial portion (64) to the first strap edge (on one rail 2) and second strap edge (on the other rail 2).
Response to Arguments
Applicant's arguments filed on April 3, 2026 have been fully considered but they are not persuasive.
The amendment has necessitated a new ground of rejection as set forth above wherein claims 1-24 are rejected by a combination of Shely et al. (US 5,295,285) and Harsley (US 2016/0001943). As rejected, Shely discloses the added limitations regarding the bottom surface of the strap being supported on shoulders (54) and the medial portion (38) overlays the biasing member (56) when the strap (24) is inserted in the chamber of the body (22).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See PTO-892 for similar art cited. For example, Sarton (US 4,490,887) teaches a cable tie whose strap edges and the head passageway walls are made oblique so that the pawl wedges and clamps the strap sideways against the passageway walls.
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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/R.D./ Examiner, Art Unit 3677
/JASON W SAN/ SPE, Art Unit 3677
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