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 .
Drawings
The replacement drawings were received on December 17, 2025. These drawings are not approved because Figures 3-9 lack the proper cross-hatching which indicates the type of materials, which may be in an invention. Specifically, the cross hatching to indicate the conductor (metal) and insulative (thermoplastic) materials is improper. The applicant should refer to MPEP Section 608.02 for the proper cross-hatching of materials. Correction is required. Specifically,
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should be the cross hatching for all conductive/wire materials
In addition to Replacement Sheets containing the corrected drawing figure(s), applicant is required to submit a marked-up copy of each Replacement Sheet including annotations indicating the changes made to the previous version. The marked-up copy must be clearly labeled as “Annotated Sheets” and must be presented in the amendment or remarks section that explains the change(s) to the drawings. See 37 CFR 1.121(d)(1). Failure to timely submit the proposed drawing and marked-up copy will result in the abandonment of the application.
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) 1-4 and 11-12 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Yoshifuji (Pat Num 4,300,408). Yoshifuji discloses an auxiliary wire (Figs 1-3) having improved slippage and wear resistance of the inner cable, while also being superior to endurance over a long period of time (abstract). Specifically, with respect to claim 1, Yoshifuji discloses an auxiliary wire (Figs 1-3) comprising an auxiliary wire core (2) being formed by twisting a plurality of wire cores (Col 2, lines 25, Fig 3), a loose jacket protective layer (1a), wherein the loose jacket protective layer (1a) sleeves outside of the auxiliary wire core (2) and is able to slide along a length direction of the auxiliary wire core (2) relative to the auxiliary wire core (2, Col 2, lines 22-24), wherein an inner diameter of the loose jacket (1a) is larger than a maximum outer diameter of the auxiliary wire core (2) to ensure space for relatively sliding movement (Col 2, lines 22-24), and wherein the loose jacket protective layer (1a) is formed by winding a steel wire (1a) around the auxiliary wire core (2, Col 2, lines 15-17). With respect to claim 2, Yoshifuji discloses that the auxiliary wire (Figs 1-3), further comprising an outer protective layer (1c) of polymer material (Col 2, lines 19-20), wherein the outer protective layer (1c) of polymer material sleeves outside of the loose jacket protective layer (1a, Fig 3). With respect to claim 3, Yoshifuji discloses that the auxiliary wire (1a) further comprising a shielding layer (1b) sleeving an outer layer of the loose jacket protective layer (1a, Fig 3). With respect to claim 4, Yoshifuji discloses that the auxiliary wire (1a) is a control wire (Col 1, line 5). With respect to claim 11, Yoshifuji discloses that the auxiliary wire (1a) further comprising a shielding layer (1b) sleeving an outer layer of the loose jacket protective layer (1a, Fig 3). With respect to claim 12, Yoshifuji discloses that the auxiliary wire (1a) is a control wire (Col 1, line 5).
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
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.
Claim(s) 5-6 and 13-14 are rejected under 35 U.S.C. 103 as being unpatentable over Yoshifuji (Pat Num 4,300,408) in view of Takeda et al (Pub Num 2002/0053460, herein referred to as Takeda). Yoshifuji discloses an auxiliary wire (Figs 1-3) having improved slippage and wear resistance of the inner cable, while also being superior to endurance over a long period of time (abstract). Specifically, with respect to claim 5, Yoshifuji discloses an auxiliary wire (Figs 1-3) comprising an auxiliary wire core (2) being formed by twisting a plurality of wire cores (Col 2, lines 25, Fig 3), a loose jacket protective layer (1a), wherein the loose jacket protective layer (1a) sleeves outside of the auxiliary wire core (2) and is able to slide along a length direction of the auxiliary wire core (2) relative to the auxiliary wire core (2, Col 2, lines 22-24), wherein the loose jacket protective layer (1a) is formed by winding a steel wire (1a) around the auxiliary wire core (2, Col 2, lines 15-17). With respect to claim 13, Yoshifuji discloses that the auxiliary wire (Figs 1-3), further comprising an outer protective layer (1c) of polymer material (Col 2, lines 19-20), wherein the outer protective layer (1c) of polymer material sleeves outside of the loose jacket protective layer (1a, Fig 3). With respect to claim 14, Yoshifuji discloses that the auxiliary wire (1a) further comprising a shielding layer (1b) sleeving an outer layer of the loose jacket protective layer (1a, Fig 3).
However, Yoshifuji doesn’t necessarily disclose a flat cable, comprising a flat cable sheath, a power wire core and the auxiliary wire, wherein the power wire core and the auxiliary wire are both arranged in the flat cable sheath, and the power wire core and the auxiliary wire are arranged in parallel along a width direction of the flat cable sheath (claim 5), nor the flat cable, wherein three power wire cores, comprising a first power wire core, a second power wire core and a third power wire core, are provided; the first power wire core, the second power wire core and the third power wire core are arranged at equal intervals along the width direction of the flat cable sheath, and one auxiliary wire is arranged between the first power wire core and the second power wire core and another auxiliary wire is arranged between the second power wire core and the third power wire core; wherein the auxiliary wire between the first power wire core and the second power wire core is a control wire, and the control wire is externally tangential with the first power wire core and arranged at an interval with the second power wire core; and the auxiliary wire located between the second power wire core and the third power wire core is an optical fiber, and the optical fiber is externally tangential with the third power wire core and arranged at an interval with the second power wire core (claim 6).
Takeda teaches a composite cable (Fig 7) having a power cable combined with an optical fiber, communication cables, or other communication lines (Paragraph 1), by utilizing a pipe having excellent insertion of the fiber or other communication lines, thereby improving work efficiency (Paragraph 96). Specifically, with respect to claim 5, Takeda teaches flat cable (Fig 7) comprising a flat cable sheath (7), a power wire core (3A), and an pipe (4), which may house an auxiliary wire (not shown, Paragraph 49), wherein the power wire core (3A) and the an pipe (4), which may house an auxiliary wire (not shown, Paragraph 49) are both arranged in the flat cable sheath (7) in parallel along a width direction of the cable sheath (7, Fig 7). With respect to claim 6, Takeda teaches that three power wire cores (3A, 3A, 3A), comprising a first power wire core (left 1A), a second power wire core (middle 1A), and a third power wire core (right 1A), are provided (Fig 7), wherein the first power wire core (left 1A), the second power wire core (middle 1A) and the third power wire core (right 1A) are arranged at equal intervals along the width direction of the flat cable sheath (7, Fig 7), and an pipe (4), which may house an auxiliary wire (not shown, Paragraph 49) is arranged between the first power wire core (left 1A) and the second power wire core (middle 1A) and another pipe (2nd 4), which may house an auxiliary wire (not shown, Paragraph 49) is arranged between the second power wire core (middle 1A) and the third power wire core (right 1A), wherein the pipe (4), which may house an auxiliary wire (not shown, Paragraph 49) between the first power wire core (left 1A) and the second power wire core (middle 1A) maybe a control wire (Paragraph 49), wherein the pipe (4), which may house an auxiliary wire (not shown, Paragraph 49) is externally tangential with the first power wire core (left 1A) and arranged at an interval with the second power wire core (middle 1A) and the pipe (4), which may house an auxiliary wire (not shown, Paragraph 49) located between the second power wire core (middle 1A) and the third power wire core (1A) may be an optical fiber (12, Fig 4, Paragraph 49), wherein the pipe (4), which may house an optical fiber (12, Paragraph 49) is externally tangential with the third power wire core (right 1A) and arranged at an interval with the second power wire core (middle 1A).
It would have been obvious to one having ordinary skill in the art of cables at the time the invention was made to modify the auxiliary wire of Yoshifuji to be inserted in one of the pipes configuration as taught by Takeda because Takeda teaches that such a flat cable configuration provides a composite cable (Fig 7) having a power cable combined with an optical fiber, communication cables, or other communication lines (Paragraph 1), by utilizing a pipe having excellent insertion of the fiber or other communication lines, thereby improving work efficiency (Paragraph 96).
Claim(s) 7-10 and 15-20 are rejected under 35 U.S.C. 103 as being unpatentable over Yoshifuji (Pat Num 4,300,408) in view of Mann (Pat Num 10,249,407). Yoshifuji discloses an auxiliary wire (Figs 1-3) having improved slippage and wear resistance of the inner cable, while also being superior to endurance over a long period of time (abstract). Specifically, with respect to claim 7, Yoshifuji discloses an auxiliary wire (Figs 1-3) comprising an auxiliary wire core (2) being formed by twisting a plurality of wire cores (Col 2, lines 25, Fig 3), a loose jacket protective layer (1a), wherein the loose jacket protective layer (1a) sleeves outside of the auxiliary wire core (2) and is able to slide along a length direction of the auxiliary wire core (2) relative to the auxiliary wire core (2, Col 2, lines 22-24), wherein the loose jacket protective layer (1a) is formed by winding a steel wire (1a) around the auxiliary wire core (2, Col 2, lines 15-17). With respect to claim 15, Yoshifuji discloses that the auxiliary wire (Figs 1-3), further comprising an outer protective layer (1c) of polymer material (Col 2, lines 19-20), wherein the outer protective layer (1c) of polymer material sleeves outside of the loose jacket protective layer (1a, Fig 3). With respect to claim 16, Yoshifuji discloses that the auxiliary wire (1a) further comprising a shielding layer (1b) sleeving an outer layer of the loose jacket protective layer (1a, Fig 3).
However, Yoshifuji doesn’t necessarily disclose a round cable, comprising a cable core and a round cable sheath covered outside of the cable core, wherein the cable core comprises the auxiliary wire (claim 7), nor the round cable, wherein the cable core is formed by twisting power wire cores, a ground wire core, a grounding detection wire core and the auxiliary wire, wherein the power wire cores comprise three power wire cores, the three power wire cores are mutually twisted tangentially in pair, the ground wire core, the grounding detection wire core and the auxiliary wire respectively comprise one ground wire core, one grounding detection wire core and one auxiliary wire, and the ground wire core, the grounding detection wire core and the auxiliary wire are respectively tangentially placed in gaps between every two adjacent power wire cores; and the auxiliary wire is a communication wire (claim 8), nor the round cable, wherein the cable core is formed by twisting power wire cores, a ground wire core and the auxiliary wire, wherein the power wire cores comprise three power wire cores, the ground wire core and the auxiliary wire respectively comprise one ground wire core and one auxiliary wire, the auxiliary wire is a control wire or a communication wire, the auxiliary wire and the three power wire cores are mutually twisted tangentially in pair, and the ground wire core is located at a center position of the auxiliary wire and the three power wire cores (claim 9), nor the round cable sheath being made of a single-layer sheath structure or a multi-layer sheath structure (claims 10, 17, & 18), nor the round cable, wherein the cable core is formed by twisting power wire cores, a ground wire core and the auxiliary wire, wherein the power wire cores comprise three power wire cores, the ground wire core and the auxiliary wire respectively comprise one ground wire core and one auxiliary wire, the auxiliary wire is a control wire or a communication wire, the auxiliary wire and the three power wire cores are mutually twisted tangentially in pair, and the ground wire core is located at a center position of the auxiliary wire and the three power wire cores (claim 19), nor the round cable, wherein the cable core is formed by twisting power wire cores, a ground wire core and the auxiliary wire, wherein the power wire cores comprise three power wire cores, the ground wire core and the auxiliary wire respectively comprise one ground wire core and one auxiliary wire, the auxiliary wire is a control wire or a communication wire, the auxiliary wire and the three power wire cores are mutually twisted tangentially in pair, and the ground wire core is located at a center position of the auxiliary wire and the three power wire cores (claim 20).
Mann teaches a round cable (Fig 1) that optimizes the flexibility of the individual elements in the stranded cable, while exhibiting superior abrasion resistance (Col 1, lines 35-46). Specifically, with respect to claim 7, Mann teaches a round cable (10) comprising a cable core (Fig 1) and a round cable sheath (26, 24) covered outside of the cable core (Fig 1), wherein the cable core (Fig 1) comprises the auxiliary wire (16). With respect to claims 8-9 and 19-20, Mann teaches that the round cable (10), wherein the cable core (i.e. bundle of conductors) is formed by twisting power wire cores (12), a ground wire core (one 18), a grounding detection wire core (another 18) and the auxiliary wire (16, Col 2, lines 32-37), wherein the power wire cores (12) comprise three power wire cores (12, 12, 12), wherein the three power wire cores (12, 12, 12) are mutually twisted tangentially in pair (Col 2, lines 25-31), the ground wire core (one 18), the grounding detection wire core (another 18) and the auxiliary wire (16) respectively comprise one ground wire core (one 18), one grounding detection wire core (another 18) and one auxiliary wire (one 16), and are respectively tangentially placed in gaps between every two adjacent power wire cores (i.e. 12, 12), and wherein the auxiliary wire (16) is a communication wire (i.e. control cable, Col 3, line 39). With respect to claims 10, 17, and 18, Mann teaches that the round cable sheath (26, 24) is a multi-layer sheath structure (Col 3, lines 63-67).
It would have been obvious to one having ordinary skill in the art of cables at the time the invention was made to modify the auxiliary wire of Yoshifuji to be inserted in the round cable configuration as taught by Mann because Mann teaches that such a configuration provides a round cable (Fig 1) that optimizes the flexibility of the individual elements in the stranded cable, while exhibiting superior abrasion resistance (Col 1, lines 35-46).
With respect to claims 9, 19, & 20, it would have been obvious to one having ordinary skill in the art, at the time the invention was made to modify modified Yoshifuji to comprise the ground wire core being located at a center position of the auxiliary wire and the three power wire cores, since it has been held that rearranging parts of an invention involves only routine skill in the art. In re Japikse, 86 USPQ 70
Response to Arguments
Applicant's arguments filed December 17, 2025, have been fully considered but they are not persuasive. Specifically, the applicant argues the following
A) Yoshifuji helical tube creates a helical structure that does not inherently provide specific dimensional relationship of the inner diameter larger than a maximum outer diameter of the auxiliary wire core and therefore cannot anticipate claim 1.
B) Yoshifuji fails to disclose or suggest a loose jacket protective layer that is able to slide along a length direction of the auxiliary wire core relative to the auxiliary wire core because the protective layer (1a) is a helical tube that is fixedly wound around the conduit and not slidable protective layer around an auxiliary wire core as claimed.
C) The combination of Yoshifuji and Takeda don’t render obvious claims 5-6 and 13-14 and should be withdrawn because the combination fail to teach/suggest the specific structural arrangement of amended claim 1, which is incorporated into all rejected claims through dependency.
D) The combination of Yoshifuji and Mann don’t render obvious claims 7-10 and 15-20 and should be withdrawn because the combination fail to teach/suggest the specific structural arrangement of amended claim 1, which is incorporated into all rejected claims through dependency.
With respect to arguments A-D, the examiner respectfully traverses. Firstly, it must be stated that Yoshifuji teaches a conduit (1, Figs 1-3) that comprises three distinct parts of loose jacket protective layer (1a), a shielding layer (1b), and an outer protective sleeve (1c), all of which loosely surrounds an auxiliary wire (2), thereby allowing sliding of the loose jacket protective layer (1a) with respect to the auxiliary wire (2, Col 2, lines 22-24). While the applicant is correct in stating that layers (1a-1c) are fixedly attached to form the overall conduit (1), the conduit (1) has a an inner diameter of the loose jacket (1a) is larger than a maximum outer diameter of the auxiliary wire core (2) to ensure space for relatively sliding movement (Col 2, lines 22-24), and therefore the inner loose jacket protective layer (1a) has an inner diameter of the loose jacket (1a) is larger than a maximum outer diameter of the auxiliary wire core (2) to ensure space for relatively sliding movement (Col 2, lines 22-24). Secondly, the figures 1-3, clearly show the inner jacket protectively layer (1a) having an inner diameter of the loose jacket (1a) is larger than a maximum outer diameter of the auxiliary wire core (2) to ensure space for relatively sliding movement.
There clearly exist a gap between layer (1a) and auxiliary conductor (2) as indicated by the arrow
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The drawings may be utilized to determine certain claimed features of a claimed invention. Specifically, MPEP 2125 states the following:
2125 Drawings as Prior Art
DRAWINGS CAN BE USED AS PRIOR ART
Drawings and pictures can anticipate claims if they clearly show the structure which is
claimed. In re Mraz, 455 F.2d 1069, 173 USPQ 25 (CCPA 1972). However, the
picture must show all the claimed structural features and how they are put together.
Jockmus v. Leviton, 28 F.2d 812 (2d Cir. 1928). The origin of the drawing is
immaterial. For instance, drawings in a design patent can anticipate or make obvious the
claimed invention as can drawings in utility patents. When the reference is a utility patent, it
does not matter that the feature shown is unintended or unexplained in the specification.
The drawings must be evaluated for what they reasonably disclose and suggest to one of
ordinary skill in the art. In re Aslanian, 590 F.2d 911, 200 USPQ 500 (CCPA 1979).
See MPEP § 2121.04 for more information on prior art drawings as "enabled
disclosures."
As shown in the Figures, there clearly indicates that a gap is formed between the inner diameter of the inner protective jacket layer (1a) and the outer diameter of the auxiliary wire (2), wherein an inner diameter of the loose jacket (1a) is larger than a maximum outer diameter of the auxiliary wire core (2) to ensure space for relatively sliding movement (Col 2, lines 22-24, state that the core is slidable with respect to the loose jacket (1a), therefore the jacket (1a) is slidable with respect to the wire core (2)).
In light of the above, it is respectfully submitted that the 35 USC 102(a)(1) rejections of claims 1-4 and 11-12 and the 35 USC 103(a) rejection of remaining claims are proper and just.
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.
Communication
Any inquiry concerning this communication or earlier communications from the examiner should be directed to WILLIAM H MAYO III whose telephone number is (571)272-1978. The examiner can normally be reached on M-Thurs (5:30a-3:00p) Fri 5:30a-2p (w/alternating Fridays off).
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Imani Hayman can be reached on (571) 270-5528. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/William H. Mayo III/
William H. Mayo III
Primary Examiner
Art Unit 2847
WHM III
February 20, 2025