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 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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
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 1-3, 6, 7, 10, and 17-21 are rejected under 35 U.S.C. 103 as being unpatentable over Saito (6225556) in view of Heffner (7560646).
Saito discloses an apparatus comprising a dielectric body (44 or 46); first and second conductors (41) embedded entirely within the dielectric body and spaced apart from each other (Fig. 9C or 9D); and a shield (1) around a periphery of the dielectric body, wherein the shield is adjacent the dielectric body, wherein the dielectric body, along an outer edge of the dielectric body that is adjacent the shield, includes air gaps (not numbered, two shown in Fig. 9C and 9D) which are adjacent to an inner surface of the shield, are separated from each other, and are positioned between the shield and the first and second conductors, and wherein the dielectric body has, in cross-section, a non-homogenous dielectric property (re-claims 1, 17, and 20).
Saito does not disclose the air gaps being in the form of a plurality of strips (re-claims 1, 17, and 20).
Heffner discloses an apparatus comprising a profiled insulation (104) including a plurality of strips comprising air gaps and extending around an entirety of the periphery (Fig. 5) (re-claims 1, 3, 6, 10, 17, and 20).
It would have been obvious to one skilled in the art to modify the air gaps of Saito to be a plurality of strips or a plurality of air gaps which run along the length of the dielectric body and extend around an entirety of the periphery of the dielectric body, as taught by Heffner to further reduce the dielectric constant of the same. Furthermore, it has been held that a change in shape is a matter of choice. In re Dailey, 357 F.2d 669, 149 USPQ 47.
It is noted that since the modified apparatus of Saito comprises structure and material as claimed, the non-homogenous dielectric property is configured to enhance coupling of electromagnetic engery between the first and second conductors when signals are carried by the first and second conductors (re-claim 1).
Re-claim 2, Saito, as modified, discloses the apparatus being a cable and the dielectric body comprising, in cross-section, a first portion with a first dielectric constant (of vinyl) and a second portion with a second dielectric constant (air) different from the first dielectric constant, wherein the second portion is proximate to an inner surface of the shield and the second dielectric constant is less than the first dielectric constant so as to disrupt coupling of electromagnetic energy towards the shield and thereby enhance coupling of electromagnetic energy between the first and second conductors.
Re-claim 7, Saito, as modified, discloses the second portion comprising the plurality of strips of air gaps, wherein individual strips of the plurality of strips are spaced apart from each other by material having the first dielectric constant.
Re-claim 18, Saito, as modified, discloses the apparatus being a twinaxial cable, and the plurality of strips extending along a first portion of the periphery.
Re-claim 19, Saito, as modified, discloses the plurality of strips comprising a plurality of spaced aparts strips around an entirety of the periphery.
Re-claim 21, Saito, as modified, discloses the dielectric body comprising a first portion having a first dielectric constant and including the plurality of strips, wherein the plurality of strips are a plurality of strips of air gaps, and wherein the plurality of strips are positioned along at least a portion of a periphery of the first portion adjacent to the inner surface of the shield.
Response to Arguments
Applicant’s arguments with respect to claims 1, 17, and 20 have been considered but are moot in view of new ground of rejection.
Contact Information
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHAU N NGUYEN whose telephone number is (571)272-1980. The examiner can normally be reached M-Th, 7am to 5:30pm.
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/CHAU N NGUYEN/Primary Examiner, Art Unit 2841
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