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 .
Response to Arguments
Applicant’s arguments, see Pages 5-8, filed 3/13/2026, with respect to the rejection(s) of claim(s) 1-5 under JUST Cable Ties have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Sampson US 5293669 and JP S611199952.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the engagement teeth formed in the base portion except the function portion must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
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.
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 and 3-4 are rejected under 35 U.S.C. 103 as being unpatentable over Sampson US 5293669.
Regarding claim 1, Sampson discloses a cable tie, comprising:
a desired length of belt configured to be wrapped around a bundle of tied articles; and
a buckle (10) connected to a proximal end portion of the belt and having a belt insertion hole (18) into which the belt is introduced and an engagement claw (28),
wherein the belt includes a base portion (annotated Fig 4) linearly extending from the buckle and a functional portion (annotated Fig 4) having a first linear portion (annotated Fig 4) and a second linear portion (annotated Fig 4),
wherein the belt includes a plurality of engagement teeth (47) formed in the base portion except the functional portion,
wherein the engagement teeth are configured to engage the engagement claw of the buckle when the belt is introduced in to the belt insertion hole of the buckle and is then fastened (Col 7 lines 61-64, “one or more lace teeth 47 engage locking teeth 29 associated with pivot arm 28”),
wherein the first linear portion is connected to a distal end of the base portion at a proximal end thereof,
wherein the second linear portion is connected to a distal end of the first liner portion at a proximal end thereof,
wherein the first linear portion is inclined at a first angle (Θ2) with respect to the base portion in a belt wrapping direction,
wherein the second linear portion is inclined at a second angle (Θ3) with respect to the first liner portion in the belt wrapping direction, and
wherein the sum of the first angle and the second angle (Θ4) is determined to be equal to or smaller than 60 degrees (Col 6 lines 35-37, Θ4 may range from about 10 degrees to about 60 degrees) (Fig 4-5).
Claim language noted in italics in this office action are considered by the examiner to be intended use that fails to further limit the structure of the claimed invention. Since the claimed invention is directed solely to that of a belt, the prior art must only be capable of performing the functional recitations in order to be applicable, and in the instant case, the examiner maintains that the multi-use fastener disclosed by Sampson is indeed capable of the intended use statements. Note that it has been held that a recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus satisfying the claimed structural limitations.
Sampson does not explicitly disclose wherein the first angle is determined to be equal to or smaller than the second angle.
However, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to have had Θ2 be equal or less than Θ3 to allow easier insertion of the function portion for the user, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. In re Aller, 105 USPQ 233.
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Regarding claim 3, Sampson discloses the invention except wherein a length of the functional portion of the belt is determined to be equal to 28 +/- 10 percent of an overall length of the belt.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to have had the length of the function portion be 28 +/- 10 percent of the overall length of the belt to allow for easier insertion and removal of the functional portion before the base portion is engaged, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. In re Aller, 105 USPQ 233. Please note that in the instant application, page 11, lines 1-2, applicant has not disclosed any criticality for the claimed limitations.
Regarding claim 4, Sampson discloses the invention except wherein a length of the first linear portion is determined to be greater than a length of the second linear portion.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to have had the length of the first linear portion be greater than the length of the second linear portion to allow for easier insertion and removal of the functional portion before the base portion is engaged, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. In re Aller, 105 USPQ 233. Please note that in the instant application, page 22, lines 20-21, applicant has not disclosed any criticality for the claimed limitations.
Claims 2 and 5 are rejected under 35 U.S.C. 103 as being unpatentable over Sampson US 5293669 in view of JP S61119952.
Regarding claim 2, Sampson as modified discloses the invention except wherein the functional portion includes a third linear portion,
wherein the third linear portion is connected to a distal end of the second linear portion at a proximal end thereof,
wherein the third linear portion is inclined at a third angle with respect to the second liner portion in the belt wrapping direction, and
wherein the second angle is determined to be equal to or smaller than the third angle, and
wherein the sum of the first angle, the second angle and the third angle is determined to be equal to or smaller than 60 degrees.
JP S61119952 discloses a cable tie with 5 linear portions bent at corresponding V-shaped slots.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have had a third linear portion of the functional portion of Sampson bent at a third angle as taught by JP S61119952 to create more of a gradual bend in the tie and allow it to more easily wrap around more objects or a bigger object.
Sampson in view of JP S61119952 discloses the invention except wherein the second angle is determined to be equal to or smaller than the third angle. It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to have had the second angle be equal or smaller than the third angle to allow easier insertion of the function portion for the user, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. In re Aller, 105 USPQ 233. Please note that in the instant application, applicant has not disclosed any criticality for the claimed limitations. The Examiner notes that the disclosure is silent to the claim limitation being claimed.
Sampson discloses wherein the function portion can have one linear portion at one angle Θ1 to range from 10 to 60 degrees. Sampson also discloses wherein the functional portion can have two linear portions at angles Θ2 and Θ3 respectively wherein the sum of the angles Θ4 is between 10 to 60 degrees. Therefore, it would have been obvious to one skilled in the art before the effective filing date of the invention to have the sum of the three angles of the three linear portions of the modified cable tie of Sampson in view of JP S61119952 to be 60 degrees or less.
Regarding claim 5, Sampson in view of JP S61119952 discloses the invention except wherein a length of the first linear portion, a length of the second linear portion and a length of the third linear portion may be determined to be equal to each other.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to have had the length of the first, second, and third linear portions be equal to each other to allow the tie to more easily bend around the object and insert into the buckle, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. In re Aller, 105 USPQ 233. Please note that in the instant application, page 10, line 19-21, applicant has not disclosed any criticality for the claimed limitations.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANNA SALEM RASHID whose telephone number is (703)756-1113. The examiner can normally be reached M-F 10:00 - 6:00.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jason San can be reached at (571) 272-6531. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ANNA S RASHID/Examiner, Art Unit 3677
/JASON W SAN/SPE, Art Unit 3677