DETAILED ACTION
Election/Restrictions
Applicant's election with traverse of Group I claims 1-7 in the reply filed on 3-17-2026 is acknowledged. The traversal is on the ground(s) that there is not a search burden between Group I and Group II. This is found persuasive because a search for a wire tip guiding surface includes a search for a contact surface configured to contact a wire tip. The restriction requirement is withdrawn and claims 1-9 are examined in this Office Action.
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.
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: “a feeding unit” in claim 1, line 2; “a guiding unit” in claim 1, line 3 and “a grasping unit” in claim 1, line 4; “a feeding unit” in claim 8, line 2; “a guiding unit” in claim 8, line 3 and “a grasping unit” in claim 8, line 4.
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
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 and 4 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Cai (CN 101353088). Cai discloses a rebar tying tool (Fig. 3) comprising a feeding unit (28; [0061],[0076]) configured to feed tying wire (26), a guiding unit (60) configured to guide the wire (26) around the rebars (Fig. 17A), and a grasping unit (60b,60e) configured to grasp the wire (26) around rebars (60f) wherein Figs. 17A-17C illustrate grasping rollers (60e) clamping the wire (26) and directing the wire to a grasping unit cam (60b) having a wire tip guiding surface (top of cam 60b along wire feed direction F; Fig. 17B) which guides the wire to a wrapping track (60a). The wrapping track (60a) is shown as surface (AOC, Fib. 17B; [0107], lines 4-5) and is configured to guide a tip of the wire (Fig. 17a) when the wire is guided around the rebars by the guiding unit (60a; wire shown around the rebars; Fig. 17A), and the wire tip guiding surface (top of cam 60b along wire feed direction F; Fig. 17B) is configured to guide the tip of the wire in a direction approaching the rebars (Fig. 17A, solid arrows wrapping around the rebar (60f) when the wire tip guiding surface is in contact with the tip of the wire. Regarding claim 4, the grasping unit is configured to pivot rotatably about the pivot (O2), so that the guiding surface (top of cam 60b along wire feed direction F; Fig. 17B) when rotatably pivoted counterclockwise is closer to the rebar to make a larger loop (B1; Fig. 17C) when forming a smaller loop (H1; Fig. 17C) the wire tip guiding surface is relatively farther away (dotted lines, B2; Fig. 17C) from the rebar than when forming a larger loop (E1) where the wire tip guiding surface is positioned (solid lines, B1).
Claim(s) 1 and 4-6 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Yoshida et al. (2020/0290109). Yoshida discloses a rebar tying tool (Fig. 1) comprising a feeding unit (3A) configured to feed tying wire (W), a guiding unit (50) configured to guide the wire (W) around rebars (S), and a grasping unit (70,9A) configured to grasp the wire (W) around the rebars (Fig. 11A). Fig. 14A illustrates the wire (W) directed to the grasping unit wire tip guiding surface (9A) which guides the wire in a direction of the wire loop (Ru; [0228], lines 9-12) approaching the rebars (S). The wire tip guiding surface (9A) has a guarding surface (regulation part 90; [0226],[0227]) that is concave and configured to contact a tip of the wire ([0227], lines 5-7) when the wire is guided around the rebars by the guiding unit (50). Regarding claim 4, the grasping unit part (70L,70R) is configured to be rotatable about a shaft (72) and Fig. 14A illustrates that the wire tip guiding surface (9A) is inclined from left to right toward the guarding surface (regulation part, 90) which is farther away from a central axis of the shaft (72). Regarding claim 5, Yoshida discloses a guarding surface (regulation part 90; [0226],[0227]). Regarding claim 6, the grasping unit includes a first clamp part (70L) and a second clamp part (70R) configured to clamp the wire (W) between the wire tip guiding surface (9A) the clamp parts (70R,70L).
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) 2 and 3 is/are rejected under 35 U.S.C. 103 as being unpatentable over Cai (CN 101353088). Cai does not explicitly recite that an angle formed between the wire tip guiding surface (top of cam 60b along wire feed direction F; Figs. 17A,17B) and the wrapping track (60a) is greater than 90 degrees. Fig. 17A illustrates that the wire (26) is moving through the grasping rollers (60e) and guiding by the cam (60b) which is an approximately horizontal orientation about pivot (O2) so that the angle between the horizontally oriented cam (60b) and wrapping track (60a) is approximately 90 degrees. The wrapping track (60a) is pivotal on the guiding unit (60) to swing about pivot (O1) and slidable along pivot (O3). Cai discloses clockwise and counterclockwise rotation (arrow about pivot O1, Fig. 17B) and capability of pivoting the cam and the wrapping track relative to one another so that it is an obvious matter of design choice to pivot the wrapping track (60a) to an orientation which is greater than 90 degrees relative to the cam (60b) to form a large diameter loop when the wrapping track pivots from A-C to B-D the angle FOE is larger than the angle FOH.
Claim(s) 8 and 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Cai (CN 101353088). Cai discloses a rebar tying tool (Fig. 3) comprising a feeding unit (28; [0061],[0076]) configured to feed tying wire (26), a guiding unit (60) configured to guide the wire (26) around the rebars (Fig. 17A), and a grasping unit (60b,60e) configured to grasp the wire (26) around rebars (60f) wherein Figs. 17A-17C illustrate grasping rollers (60e) clamping the wire (26) and directing the wire to a grasping unit cam (60b) having a wire tip contacting surface (top of cam 60b along wire feed direction F; Fig. 17B) which guides the wire to a wrapping track (60a). The wrapping track includes a wire contact surface (60a) and is shown as surface (AOC, Fib. 17B; [0107], lines 4-5) configured to contact the tip of the wire (Fig. 17a) when the wire is guided around the rebars by the guiding unit (60e; wire shown around the rebars; Fig. 17A), and the wire tip contact surface (top of cam 60b along wire feed direction F; Fig. 17B) is configured to guide the tip of the wire in a direction approaching the rebars (Fig. 17A, solid arrows wrapping around the rebar 60f) when the wire tip contact surface is in contact with the tip of the wire. Cai does not explicitly recite that an angle formed between the wire tip contact surface (top of cam 60b along wire feed direction F; Figs. 17A,17B) and the wrapping track (60a) is greater than 90 degrees. Fig. 17A illustrates that the wire (26) is moving through the grasping rollers (60e) and the tip (wire front end which is fed) is contacted by the cam (60b) which is at an approximately horizontal orientation about pivot (O2) so that the angle between the horizontally oriented cam (60b) and wrapping track (60a) is approximately 90 degrees. The wrapping track (60a) is pivotal on the guiding unit (60) to swing about pivot (O1) and slidable along pivot (O3). Cai discloses clockwise and counterclockwise rotation (arrow about pivot O1, Fig. 17B) and capability of pivoting the cam and the wrapping track relative to one another, it is an obvious matter of design choice to pivot the wrapping track (60a) to an orientation which is greater than 90 degrees relative to the cam (60b) to form a large diameter loop when the wrapping track pivots from A-C to B-D the wire tip angle FOE is larger than the wire tip angle FOH as the wrapping track pivots clockwise.
Allowable Subject Matter
Claim 7 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims. The prior art of record does not disclose that the grasping unit further comprises, a first clamping member comprising the wire tip guiding surface and a guarding surface disposed between the wire tip guiding surface and the rebars and configured to contact the tip of the wire while the tip of the wire is moving on the wire tip guiding surface; and a second clamping member configured to clamp the wire between the first clamping member and the second clamping member, including the limitations of base claim 1 and intervening claim 3.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to EDWARD THOMAS TOLAN whose telephone number is (571)272-4525. The examiner can normally be reached M-F 7:30-5.
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/EDWARD T TOLAN/Primary Examiner, Art Unit 3725
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