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 § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 3 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 3 lines 1-2 recites “the portion of the deflecting tab,” which lacks antecedent basis.
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 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.
Claims 1-15 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by CN 104896199 A (hereinafter “Yang”).
Regarding claim 1 Yang discloses a spool (figs. 1-2) for winding a length of a media (i.e. capable of winding media; i.e. this is a functional recitation) onto the spool (figs. 1-2) and for retaining a finish end of the media on the spool (figs. 1-2), comprising:
a generally cylindrical barrel (2); and
a generally annular flange (4) extending outwardly from the barrel (2), the flange (4) provided with a tie-off feature (T; see annotated figure below) at an outer periphery of the flange (4);
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wherein the tie-off feature (T) comprises a receiving portion (R) for receiving the media and a retaining portion (A) for retaining the media within the tie-off feature (T) on the flange (4) of the spool (of figs. 1-2); and
wherein the receiving portion (R) narrows (i.e. at 5) from the outer periphery towards the retaining portion (A) to a transition region (TR) between the receiving portion (R) and the retaining portion (A) that is narrower than a diameter of the media (i.e. the media with which the spool is useable); and
wherein the tie-off feature (T) defines a passage (6) at the transition region (TR) and a portion (5) of the tie-off feature (T) is movable (i.e. rubber pads, 5, can deflect; see paragraph 22) at the passage (6) to allow the media to pass through the transition region (TR) from the receiving portion (R) to the retaining portion (A).
Regarding claim 2 Yang discloses the above spool, and further discloses wherein the portion of the tie-off feature (T) is in the form of a deflecting tab (i.e. element 5 could be considered an “tab” or an “arm,” under the broadest reasonable interpretation, and it is made of rubber, so it deflects; see paragraph 22) comprising a deflecting arm within the receiving portion (R) of the tie-off feature (T), and wherein the deflecting arm is configured and operable to deflect and allow the media (with which the spool is useable) to pass through the passage (6) at the transition region (TR) from the receiving portion (R) to the retaining portion (A).
Regarding claim 3 Yang discloses the above spool, and further discloses wherein [the] deflecting tab (5) comprises a pair of oppositely disposed deflecting arms (5) within the receiving portion (R) of the tie-off feature (T), and wherein each of the deflecting arms (5) is configured and operable to deflect and allow the media to pass through the passage (6) at the transition region (TR) from the receiving portion (R) to the retaining portion (A).
Regarding claim 4 Yang discloses the above spool, and further discloses wherein the portion of the tie-off feature (T) is in the form of a flexible membrane (i.e. rubber element 5 could be considered a membrane because it is thin; see fig. 1) comprising a pair of oppositely disposed flexing elements (5) within the receiving portion (R) of the tie-off feature (T), and wherein each of the flexing elements (5) is configured and operable to flex in a circumferential direction and allow the media (with which the spool is useable) to pass through the passage (6) at the transition region (TR) from the receiving portion (R) to the retaining portion (A).
Regarding claim 5 Yang discloses the above spool, and further discloses wherein the receiving portion (R) defines a receiving area that is larger than the diameter of the media (or else it couldn’t enter the slot) adjacent the outer periphery of the flange (4) and is smaller (at 6) than the diameter of the media (i.e. when elements 5 are not depressed; see paragraph 22) adjacent the passage (6) at the transition region (TR) of the tie-off feature (T) than the diameter of the media (see paragraph 22).
Regarding claim 6 Yang discloses the above spool, and further discloses wherein the retaining portion (A) defines a retaining area that is at least as large as the diameter of the media (or else the media could not enter; see paragraph 22) adjacent the passage (6) at the transition region (TR) of the tie-off feature (T).
Regarding claim 7 Yang discloses the above spool, and further discloses wherein the tie-off feature (T) comprises a first tie-off feature (T) at the periphery of the flange (4) and a second tie-off feature (T2; see annotated fig. below) at the periphery of the flange (4), and wherein the first tie-off feature (T) and the second tie-off feature (T2) are spaced apart in a circumferential direction along the outer periphery of the flange (4).
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Regarding claim 8 Yang discloses a flange (4) for a spool (figs. 1-2) comprising:
a tie-off feature (T) formed in an outer periphery of the flange (4), the tie-off feature (T) comprising a receiving portion (R) for receiving (capable of receiving; i.e. this is a functional limitation; see paragraph 22) a finish end of a length of a media wound on the spool (figs. 1-2) and a retaining portion (A) for retaining the finish end of the media on the flange (4);
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wherein the receiving portion (R) extends from the outer periphery of the flange (4) towards the retaining portion (A) and narrows (at 5) from the outer periphery to a transition region (TR) between the receiving portion (R) and the retaining portion (A);
wherein the tie-off feature (T) defines a passage (6) at the transition region (TR) and a portion (5) of the tie-off feature (T) is movable (i.e. rubber element 5 depresses; see paragraph 22) at the passage (6) to allow the media to pass through the transition region (TR) from the receiving portion (R) to the retaining portion (A); and
wherein the retaining portion (A) retains (is capable of retaining; i.e. this is a functional recitation; see paragraph 22) the finish end of the media on the flange (4) within the tie-off feature (T) after the finish end of the media passes through the transition region (TR) from the receiving portion (R) to the retaining portion (A).
Regarding claim 9 Yang discloses the above flange, and further discloses wherein the portion of the tie-off feature (T) is in the form of at least one deflecting tab (i.e. element 5 could be considered an “tab” or an “arm,” and it is made of rubber, so it can deflect; see paragraph 22) comprising at least one deflecting arm configured and operable to deflect and allow the finish end of the media (with which the flange is useable) to pass through the passage (6) at the transition region (TR) from the receiving portion (R) to the retaining portion (A).
Regarding claim 10 Yang discloses the above flange, and further discloses wherein the portion (5) of the tie-off feature (T) is in the form of a flexible membrane (i.e. rubber element 5 could be considered a membrane because it is thin; see fig. 1) comprising a pair of oppositely disposed flexing elements (see elements 5 in figure 2) each configured and operable to flex in a circumferential direction and allow the finish end of the media (with which the flange is useable) to pass through the passage (6) at the transition region (TR) from the receiving portion (R) to the retaining portion (A).
Regarding claim 11 Yang discloses the above flange, and further discloses wherein the tie-off feature (T) comprises a first tie off feature (T) at the outer periphery of the flange (4) and a second tie-off feature (T2) at the outer periphery of the flange (4), and wherein the first tie-off feature (T) and the second tie-off feature (T2) are spaced apart in a circumferential direction along the outer periphery of the flange (4).
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Regarding claim 12 Yang discloses a spooling system for winding (capable of winding; i.e. this is a functional recitation) a length of a media onto a spool (figs. 1-2) and for retaining a finish end of the media on the spool (figs. 1-2), comprising:
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a flange (4) of the spool (figs. 1-2) provided with a tie-off feature (T) at an outer periphery of the flange (4), the tie-off feature (T) comprising a receiving portion (R), a retaining portion (A), and a transition region (TR) between the receiving portion (R) and the retaining portion (A), the receiving portion (R) extending from the outer periphery towards the retaining portion (A) and narrowing (at 5) from the outer periphery to a passage (6) at the transition region (TR) between the receiving portion (R) and the retaining portion (A), the receiving portion (R) defining a receiving area larger than a diameter of the finish end of the media (or else the media could not enter the slot; see paragraph 22) adjacent the outer periphery and smaller than the diameter of the finish end of the media adjacent the passage (6) at the transition region (TR); and
the media to the spool (i.e. there is necessarily some sort of mechanism for winding; whether human appendage or mechanical means) and for directing the media to the tie-off feature (T) at the outer periphery of the flange (4) and for disposing and inserting the finish end of the media (with which the system is useable) within the retaining portion (A) of the tie-off feature (T) wherein a portion of the tie-off feature (T) is movable (5 deflects because it is rubber; see par. 22) at the passage to allow the media to pass through the passage (6) from the receiving portion (R) to the retaining portion (A) (see par. 22).
Regarding claim 13 Yang discloses the above system, and further discloses wherein the portion (5) of the tie-off feature (T) is in the form of a deflecting tab (i.e. element 5 could be considered an “tab” or an “arm,” and it is made of rubber, so it can deflect; par. 22) comprising at least one deflecting arm configured and operable to deflect and allow the finish end of the media to pass through the passage (6) at the transition region (TR) between the receiving portion (R) and the retaining portion (A) (see par. 22).
Regarding claim 14 Yang discloses the above system, and further discloses wherein the portion of the tie-off feature (T) is in the form of a flexible membrane (i.e. rubber element 5 could be considered a membrane because it is thin; see fig. 1) comprising a pair of oppositely disposed flexing elements (see 5 in fig. 2) each configured and operable to flex in a circumferential direction and allow the finish end of the media to pass through the passage (6) at the transition region (TR) between the receiving portion (R) and the retaining portion (A).
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Regarding claim 15 Yang discloses the above system, and further discloses wherein the tie-off feature (T) comprises a first tie-off feature (T) at the outer periphery of the flange (4) and a second tie-off feature (T2) at the outer periphery of the flange (4), and wherein the first tie-off feature (T) and the second tie-off feature (T2) are spaced apart in a circumferential direction along the outer periphery.
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.
Claims 16-20 are rejected under 35 U.S.C. 103 as being unpatentable over Yang.
Regarding claim 16 Yang discloses a method for winding a length of media onto a spool (figs. 1-2) and for retaining [media] (i.e. “data wire”) on the spool (figs. 1-2), the method comprising:
providing a spool (figs. 1-2) having a flange (4) provided with a first tie-off feature (T, see annotated fig. below) at an outer periphery of the flange (4), the first tie-off feature (T) comprising a receiving portion (R) that extends from the outer periphery towards a retaining portion (A) and a transition region (TR) between the receiving portion (R) and the retaining portion (A), the receiving portion (R) narrowing from the outer periphery to a passage at the transition region (TR);
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winding the length of [the media] (see par. 12) onto the spool (of figs. 1-2);
directing media to the first tie-off feature (T) at the outer periphery;
disposing and inserting [the media] within the receiving portion (R) of the first tie-off feature (T);
passing [the media] through the passage at transition region of the first tie-off feature (T) from the receiving portion (R) to the retaining portion (A); and
retaining [the media] within the retaining portion (A) of the first tie-off feature (T);
wherein a portion of the first tie-off feature (T) is movable (compressible due to being rubber) at the passage (6) to allow the media to pass through the passage (6) from the receiving portion (R) to the retaining portion (A).
It is not clear from Yang whether a finish end of the media is used as set forth in claim 16. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use any portion of a wire, including a finish end of the data wire, with a reasonable expectation of success. One having ordinary skill in the art would have been motivated to make this combination in order to prevent the wire from loosening.
Regarding claim 17 modified Yang teaches the above system, and further discloses wherein the portion (5) of the first tie-off feature (T) is in the form of a deflecting tab (i.e. element 5 could be considered an “tab” or an “arm,” and it is made of rubber, so it can deflect; see par. 22) comprising at least one deflecting arm, and wherein the method further comprises deflecting the at least one deflecting arm (i.e. compression of 5) to allow the finish end of the media to pass through the passage (6) at the transition region (TR) from the receiving portion (R) to the retaining portion (A).
Regarding claim 18 modified Yang teaches the above system, and further discloses wherein the portion (5) of the first tie-off feature (T) is in the form of a flexible membrane (i.e. rubber element 5 could be considered a membrane because it is thin; see fig. 1) comprising a pair of oppositely disposed flexing elements (see 5 in fig. 3), and wherein the method further comprises flexing at least one of the pair of flexing elements to allow the finish end of the media to pass through the passage (6) at the transition region (TR) from the receiving portion (R) to the retaining portion (A).
Regarding claim 19 modified Yang teaches the above system, and further discloses wherein the flange (4) of the spool (figs. 1-2) is provided with a second tie-off feature (T2) at the outer periphery of the flange (4) comprising a receiving portion (R), a retaining portion (A) and a transition region (TR) between the receiving portion (R) and the retaining portion (A), and wherein the method further comprises:
directing the finish end of the media to the second tie-off feature (T2) at the outer periphery;
disposing and inserting the finish end of the media within the receiving portion (R) of the second tie-off feature (T);
passing the finish end of the media through the transition region (TR) of the second tie-off feature (T) from the receiving portion (R) to the retaining portion (A); and
retaining the finish end of the media within the retaining portion (A) of the second tie-off feature (T).
Regarding claim 20 modified Yang teaches the above system, and further discloses wherein the first tie-off feature (T) and the second tie-off feature (T2) are spaced apart in a circumferential direction along the outer periphery of the flange (4).
Response to Arguments
Applicant’s arguments with respect to claims 1-20 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
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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/N.L.A/ Examiner, Art Unit 3654
/ROBERT W HODGE/ Supervisory Patent Examiner, Art Unit 3654