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 1-4, 7, and 11 are rejected under 35 U.S.C. 103 as being unpatentable over Hageltorn (2739089) in view of Pentney et al. (4422478).
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Hageltorn discloses a wrap comprising a body (Fig. 9) comprising a first surface, an oppositely facing second surface, two longitudinal edges and two transverse edges; a first locking feature (1) positioned on the first surface of the body and which expands along a first longitudinal edge of the two longitudinal edges and a second locking feature (3) positioned on the first surface of the body and which expands along a second longitudinal edge of the two longitudinal edges; wherein the first locking feature at the first longitudinal edge comprises at least two first locking elements (see annotated Figure) which expand along the first longitudinal edge and the second locking feature at the second longitudinal edge comprises at least two second locking elements (see annotated Fig.) which expand along the second longitudinal edge; wherein the first locking elements and the second locking elements are adapted for engaging with each other, for establishing, in an engaged state, at least two connections between the first locking feature and the second locking feature; wherein, when the connection between the first locking feature and the second locking feature is established, the body and the locking features form a tubular structure; wherein each of the at least two first locking elements are in the shape of a hook, wherein the hooks of the at least two first locking elements point in opposed directions; wherein the first surface is an inside surface of the body of the wrap when the locking features are connected and the wrap forms a tubular structure (re-claim 1).
Hageltorn does not disclose the wrap comprising a heat shrink material (re-claim 1).
Pentney et al. discloses a wrap (2) comprising a flame-retardant (col. 3 lines 46-50) heat shrink material (col. 5 line 10) (re-claims 1 and 11).
It would have been obvious to one skilled in the art to modify the wrap of Hageltorn to comprise a flame-retardant heat shrink material as taught by Pentney et al. such that the wrap can be tightly wrapped around cables and protects the same in case of fire.
Re-claim 2, Hageltorn, as modified, discloses the first and second locking features being adapted for establishing a formfitting connection between the first locking feature and the second locking feature, the formfitting connection between the first locking feature and the second locking feature comprising the at least two connections between the first locking elements and second locking elements in the engaged state.
Re-claim 3, Hageltorn, as modified, discloses the first and second locking features being adapted for establishing a forcefitting connection between the first locking feature and the second locking feature, the forcefitting connection between the first locking feature and the second locking feature comprising the at least two connections between the first locking elements and second locking elements in the engaged state.
Re-claim 4, Hageltorn discloses the first locking elements and the second locking elements comprising multiple teeth and edges formed in the first locking feature and the second locking feature to interlock with each other.
Re-claim 7, Hageltorn discloses the locking features being made of thermoplastic material.
Claims 8 and 9 are rejected under 35 U.S.C. 103 as being unpatentable over Hageltorn in view of Pentney et al. as applied to claim 1 above, and further in view of Trace et al. (2008/0314470).
Hageltorn, as modified, discloses the invention substantially as claimed except for the thermoplastic material of the locking features and the body having a softening temperature of 140°C. Trace et al. discloses a tubular structure comprising a thermoplastic material which has a softening temperature of 140°C ([0026]). It would have been obvious to one skilled in the art to use a thermoplastic material having a softening temperature of 140°C as taught by Trace et al. for the thermoplastic material of the locking features and the body of Hageltorn to meet the specific use of the resulting wrap.
Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over Hageltorn in view of Pentney et al. as applied to claim 1 above, and further in view of Eichberg (3495306).
Hageltorn and Pentney et al. disclose the invention substantially as claimed except for the locking features being fixed to the body by gluing. Eichberg discloses a wrap comprising a body (11) and locking features (12, 13) which are fixed to the body by gluing (bonded, col. 2 line 52) to a surface of the body. It would have been obvious to one skilled in the art to modify the wrap of Hageltorn by making the locking features separately and bonding the locking features to the first surface of the body, as taught by Eichberg. It has been held that constructing a formerly integral part into various elements would be a matter of obvious choice. In re Dulberg, 289 F.2d 522, 523, 129 USPQ 348, 349.
Response to Arguments
Applicant’s arguments with respect to claim 1 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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