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 drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the schedule (claims 1 and 11), the clam-shell (claim 2), and the magnetic attachment of the elongated coded section to the elongated member body (claim 11) must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Specification
The specification is objected to as failing to provide proper antecedent basis for the claimed subject matter. See 37 CFR 1.75(d)(1) and MPEP § 608.01(o). Correction of the following is required: The specification does not mention a “clam-shell” (claim 2).
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 2 and 5 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.
Regarding claim 2, the term “clam-shell” is not understood in this context. As mentioned above, the specification does not use this term, and it is not understood to what disclosed structure it refers.
Regarding claim 5, there is no antecedent basis for “said color.”
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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1, 3, and 5-7 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Cerniglia (2020/0394938).
Regarding claim 1, Cerniglia discloses a labeling kit comprising: a plurality of attachment members (154, Fig. 20) each configured to be removably retained about a working member (152, Fig. 20), wherein each attachment member has a coded identifier (paragraph 0067); and a schedule (150, Fig. 20) that includes a coded identifier that matches the coded identifier of the attachment members (paragraph 0067), and wherein the schedule is capable of being customized with indicia provided by a user (i.e., a user can write on schedule 150, if desired).
Regarding claim 3, each attachment member (154, Fig. 20) comprises an elongated member that is wrapped around the working member (152, Fig. 20).
Regarding claim 5, Fig. 20 shows that the background color of the indicia “300” extends to only about half of the attachment member (154).
Regarding claim 6, see paragraph 0056 and note that Cerniglia discloses varying the number of background colors. Further, Fig. 20 illustrates different background colors for the indicia “300” and the indicia “2”. Figs. 8-10 likewise illustrate a pattern of multiple colors on the attachment members.
Regarding claim 7, Fig. 20 shows that the code identifiers on attachment member (154) comprise a design pattern.
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 2 is rejected under 35 U.S.C. 103 as being unpatentable over Cerniglia (2020/0394938) in view of Hawker (5,115,586).
Cerniglia discloses the invention substantially as claimed, as set forth above. However, Cerniglia does not disclose how the attachment member is attached to the working member, except to say that it is “wrapped around the hose” (paragraph 0059). Hawker teaches attaching an identifier to a cylindrical member via a clam-shell arrangement. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to attach the attachment member disclosed by Cerniglia to the working member via a clam-shell arrangement, as taught by Hawker, in order to enable the attachment member to be readily attached and removed from the working member as desired.
Claims 4, 9, and 10 are rejected under 35 U.S.C. 103 as being unpatentable over Cerniglia (2020/0394938) in view of Meyers (2021/0398457).
Cerniglia discloses the invention substantially as claimed, as set forth above. However, Cerniglia does not disclose how the attachment member is attached to the working member, except to say that it is “wrapped around the hose” (paragraph 0059). Meyers teaches attaching an identifier (11, Fig. 1) to a cylindrical member via zip ties (16, 18, Fig. 1). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to attach the attachment member disclosed by Cerniglia to the working member via zip ties, as taught by Meyers, in order to enable the diameter of the attachment member to correspond to the diameter of the working member.
Regarding claim 9, the attachment member disclosed by Meyers includes a fastener (18, Fig. 1) and a fastening assembly (19, Fig. 1) by which the fastener is retained. The fastener is removable (paragraph 0014). Also, like all zip ties, it can be removed by being cut.
Regarding claim 10, the fastener (18, Fig. 1) comprises a fastening element (the teeth of the zip tie) and the fastening assembly (19, Fig. 1) comprises a loop through which the fastening element is attached. The fastening element is removable (paragraph 0014). Also, like all zip ties, it can be removed by being cut.
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Cerniglia (2020/0394938) in view of Larsen (5,778,583).
Cerniglia discloses the invention substantially as claimed, as set forth above. However, Cerniglia does not disclose how the attachment member is attached to the working member, except to say that it is “wrapped around the hose” (paragraph 0059). It is not known whether the attachment member is formed of stretchable material. Larsen teaches attaching an identifier to a cylindrical member via a stretchable material (12, Fig. 3, column 3, lines 54-57). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to attach the attachment member disclosed by Cerniglia to the working member via a stretchable material, as taught by Meyers, in order to enable the attachment member to attach to working members of different diameter.
Claims 11-17 are rejected under 35 U.S.C. 103 as being unpatentable over Cerniglia (2020/0394938) in view of Meyers (2021/0398457) and Augustine (2013/0205630).
Cerniglia discloses a labeling kit comprising: an attachment member (154, Fig. 20) having an elongated member body that wraps around the working member (152, Fig. 20); an elongated coded section is carried along a length of the elongated member body (Fig. 20); and a schedule (150, Fig. 20) is provided that includes a coded identifier that matches the coded identifier of the attachment members (paragraph 0067), and wherein the schedule is capable of being customized with indicia provided by a user (i.e., a user can write on schedule 150, if desired).
However, Cerniglia does not disclose how the attachment member is attached to the working member, except to say that it is “wrapped around the hose” (paragraph 0059). Meyers teaches attaching an identifier (11, Fig. 1) to a cylindrical member via a fastener body in the form of zip ties (16, 18, Fig. 1). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to attach the attachment member disclosed by Cerniglia to the working member via zip ties, as taught by Meyers, in order to enable the diameter of the attachment member to correspond to the diameter of the working member.
The zip ties disclosed by Meyers comprises a fastener body (18, Fig. 1) to which the elongated member body (11, Fig. 1) would be attached. The elongated member body is removably attached to the fastener body (paragraph 0014). Also, like all zip ties, it can be removed by being cut.
Further, the elongated coded section disclosed by Cerniglia is not disclosed as being attached to the elongated member body by magnets. Rather, it appears that the coded section is printed directly on the elongated member body. Augustine teaches attaching indicia in the form of an image (paragraph 0060) to a band that encircles a cylindrical object via magnets (paragraphs 0060-0061). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to attach the elongated coded section disclosed by Cerniglia to the elongated member body by magnets, as taught by Augustine, in order to facilitate the removal and replacement of the coded section, if desired.
Regarding claim 12, in the combination set forth above, the elongated member body (11, Fig. 1) disclosed by Meyers is secured to the fastener body (16, 18, Fig. 1) at a plurality of positions along the length of the elongated member body. Specifically, it is secured at both ends thereof, as shown in Fig. 1 of Meyers.
Regarding claim 13, Fig. 20 of Cerniglia shows that the background color of the indicia “300” comprises a color. See also paragraph 0056.
Regarding claim 14, see paragraph 0056 and note that Cerniglia discloses varying the number of background colors. Further, Fig. 20 illustrates different background colors for the indicia “300” and the indicia “2”. Figs. 8-10 likewise illustrate a pattern of multiple colors on the attachment members.
Regarding claim 15, Fig. 20 of Cerniglia shows that the code identifiers on attachment member (154) comprise a design pattern.
Regarding claim 16, the member (154, Fig. 20) disclosed by Cerniglia is inherently flexible in order to be able to wrap around the working member (152, Fig. 20).
Regarding claim 17, the attachment (16, 18, Fig. 1) disclosed by Meyers is a zip tie.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The relevance of each reference is explained below, unless the relevance is deemed to be readily apparent.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to GARY C HOGE whose telephone number is (571)272-6645. The examiner can normally be reached Monday through Friday.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jonathan Liu can be reached at (571) 272-8227. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/GARY C HOGE/ Primary Examiner, Art Unit 3631