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 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:
“first straightening portion and second straightening portion are structurally configured to define/engage/spin in claims 1 and 8 [corresponding structure is rollers];
“first housing portion and second housing portion are structurally configured to pivot/permit access” in claims 1 and 8 [corresponding structure is hinge 100; see figure 12];
“receiving portion that is structurally configured to extend” in claims 6, 13 and 23 [corresponding structure is opening within housing].
“straightening portion is configured to define/spin” in claim 18 [corresponding structure is rollers]; and
“housing portion is structurally configured to permit access” in claim 18 [corresponding structure is shown in figures 2A & 2B].
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
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 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) 1-28 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kazuaki (EP 0739066A2, cited by Applicant).
In reference to claim 1, Kazuaki discloses a handheld tool (100) for straightening a cable that is structurally configured to enhance placement of the fiber through the tool, comprising
a first housing portion (2) pivotally coupled with a second housing portion (1),
a first straightening portion disposed in the first housing portion [see figure 1]
a second straightening portion disposed in the second housing portion [see figure 1],
wherein the first straightening portion and the second straightening portion are aligned in a plane that extends from the first housing to the second housing [see figure 1],
wherein the first straightening portion and the second straightening portion are structurally configured to define a straightening path that extends in a longitudinal direction between the first straightening portion and the second straightening portion [see figure 1],
wherein the first straightening portion and the second straightening portion are structurally configured to engage a fiber cable in the closed position [see col. 5 lines 40-53],
wherein the first straightening portion is structurally configured to spin freely relative to the first nad second housing portions, and the second straightening portion is structurally configured to spin freely relative to the first and second housing portions such that the first straightening portion and the second straightening portion are structurally configured to straighten a fiber cable that engages the first straightening portion and the second straightening portion as the fiber cable is moved through the tool in the longitudinal direction [see col. 5 line 54-col. 6 line 9],
wherein the first housing portion and the second housing portion are structurally configured to pivot to the open position so as to move the first straightening portion away from the second straightening portion in order to enhance placement of the fiber cale in the straightening path [see col. 3 lines 30-37].
In reference to claim 2, the first straightening portion includes a first roller (11’) positioned along a first longitudinal axis of the first housing portion, and the second straightening portion includes a second roller (11) positioned along a second longitudinal axis of the second housing portion; and wherein the first longitudinal axis is separated from the second longitudinal axis in the plane, as seen in figure 1.
In reference to claim 3, the first roller (11’) is structurally configured to rotate around a first pin (12’) that extends through the first housing portion and the second roller (11) is structurally configured to rotate around a second pin (12) that continuously extends through the second housing portion [see col. 3 lines 47-54; figure 1].
In reference to claim 4, the first pin (12’) is spaced apart from the second pin (12) in the longitudinal direction, as seen in figure 1.
In reference to claim 5, the first straightening portion is structurally configured to overlap the second straightening portion along the straightening path in a direction perpendicular to the longitudinal direction, as seen in figure 1.
In reference to claim 6, the first housing portion and the second housing portion are structurally configured to define a receiving portion (spacing between first and second housing portion) that is structurally configured to extend along a length of the first housing portion and the second housing portion in the longitudinal [see figure 1].
In reference to claim 7, the receiving portion comprises an opening between the first housing portion and the second housing portion that is structurally configured to align with the straightening path, as seen in figure 1.
In reference to claim 8, Kazuaki discloses a handheld tool for straightening a cable that is structurally configured to enhance placement of the fiber through the tool, comprising
a first straightening portion disposed in a housing portion (1, 2) [see figure 1];
a second straightening portion disposed in the housing portion (1, 2) [see figure 1];
wherein the first straightening portion and the second straightening portion are aligned in a plane;
wherein the first straightening portion and the second straightening portion are configured to define a straightening path that extends in a longitudinal direction through the housing portion between the first straightening portion and the second straightening portion [see col. 4 lines 15-21];
wherein the first straightening portion and the second straightening portion are structurally configured to engage a fiber cable that extends along the straightening path;
wherein the first straightening portion and the second straightening portion are configured to spin freely relative to the housing portion such that the first straightening portion and the second straightening portion are structurally configured to straighten a fiber cable that engages the first straightening portion and the second straightening portion as the fiber cable is moved through the housing in the longitudinal direction [see col. 3 lines 47-54]; and
wherein the housing portion is structurally configured to permit access to the straightening path from a direction transverse to the longitudinal direction in order to enhance placement of the fiber cable in the straightening path [see figure 1].
In reference to claim 9, the first straightening portion includes a first roller (11’) positioned along a first longitudinal axis of the housing and the second straightening portion includes a second roller (11) positioned along a second longitudinal axis of the housing; and wherein the first longitudinal axis is separated from the second longitudinal axis in the plane.
In reference to claim 10, the first roller (11’) is structurally configured to rotate around a first pin (12’) that extends through the housing and the second roller (11) is structurally configured to rotate around a second pin (12) that extends through the housing [see col. 3 lines 47-54; figure 1].
In reference to claim 11, the first pin (12’) is spaced apart from the second pin (12) in the longitudinal direction, as seen in figure 1.
In reference to claim 12, the first straightening portion is structurally configured to overlap the second straightening portion along the straightening path in a direction perpendicular to the longitudinal direction, as seen in figure 1.
In reference to claim 13, the housing portion is structurally configured to define a receiving portion (opening between first and second housings) that is structurally configured to extend along a length of the housing portion in the longitudinal [see figure 1].
In reference to claim 14, the receiving portion comprises an opening in the housing that is structurally configured to align with the straightening path, as seen in figure 1.
In reference to claim 15, the housing portion comprises a first housing portion (5) configured to be pivotally coupled with a second housing portion (1); wherein the first housing portion (2) and the second housing portion (1) are structurally configured to pivot relative to one another in the plane between an open position and a closed position; and wherein the first straightening portion and the second straightening portion are structurally configured to engage a fiber cable in the closed position [see col. 3 lines 30-37; figure 1].
In reference to claim 16, the first housing portion (2) and the second housing portion (1) are structurally configured to pivot to the open position so as to move the first straightening portion away from the second straightening portion in order to enhance placement of the fiber cable in the straightening path [see col. 3 lines 30-46].
In reference to claim 17, the first straightening portion is disposed in the first housing portion, and the second straightening portion is disposed in the second housing portion, as seen in figure 1.
In reference to claim 18, Kazuaki discloses a handheld tool for straightening a cable that is structurally configured to enhance placement of the fiber through the tool, comprising:
a straightening portion disposed in a housing portion (1, 2);
wherein the straightening portion is configured to define a straightening path that extends in a longitudinal direction through the housing portion;
wherein the straightening portion is structurally configured to engage a fiber cable that extends along the straightening path;
wherein the straightening portion is configured to spin freely relative to the housing portion such that the straightening portion is structurally configured to straighten a fiber cable that engages the straightening portion as the fiber cable is moved through the housing in the longitudinal direction [see col. 3 lines 47-54]; and
wherein the housing portion is structurally configured to permit access to the straightening path from a direction transverse to the longitudinal direction in order to enhance placement of the fiber cable in the straightening path [see col. 3 lines 30-46; figure 1].
In reference to claim 19, the straightening portion includes a first roller (11’) positioned along a first longitudinal axis of the housing and a second roller (11) positioned along a second longitudinal axis of the housing; and wherein the first longitudinal axis is separated from the second longitudinal axis in the plane, as seen in figure 1.
In reference to claim 20, the first roller (11’) is structurally configured to rotate around a first pin (12’) that extends through the housing and the second roller (11) is structurally configured to rotate around a second pin (12) that extends through the housing, as seen in figure 1.
In reference to claim 21, wherein the first pin (12’) is spaced apart from the second pin (12) in the longitudinal direction [see figure 1].
In reference to claim 22, the first straightening portion is structurally configured to overlap the second straightening portion along the straightening path in a direction perpendicular to the longitudinal direction, as seen in figure 1.
In reference to claim 23, the housing portion is structurally configured to define a receiving portion (spacing between first housing 2 and second housing 1) that is structurally configured to extend along a length of the housing portion in the longitudinal [see figure 1].
In reference to claim 24, the receiving portion comprises an opening in the housing that is structurally configured to align with the straightening path, as seen in figure 1.
In reference to claim 25, the housing portion comprises a first housing portion (2) configured to be pivotally coupled with a second housing portion (1); wherein the first housing portion and the second housing portion are structurally configured to pivot relative to one another in the plane between an open position and a closed position; and wherein the straightening portion is structurally configured to engage a fiber cable in the closed position [see col. 3 lines 30-46].
In reference to claim 26, the straightening portion includes a first straightening portion disposed in the first housing portion (2) and a second straightening portion disposed in the second housing portion (1), as seen in figure 1.
In reference to claim 27, the first housing portion and the second housing portion are structurally configured to pivot to the open position so as to move the first straightening portion away from the second straightening portion in order to enhance placement of the fiber cable in the straightening path [see col. 3 lines 30-46].
In reference to claim 28, the first straightening portion is disposed in the first housing portion, and the second straightening portion is disposed in the second housing portion, as seen in figure 1.
Pertinent Art
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. DE 529198C to Kirvel and US 2020/0070228A1 to Tsai discloses a handheld tool for straightening a cable with freely spinning rollers.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Debra Sullivan whose telephone number is (571)272-1904. The examiner can normally be reached Monday-Friday 8am-4:30pm EST.
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/Debra M Sullivan/
Primary Examiner, Art Unit 3725