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 § 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.
Claims 1-8 and 10-17 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Jackson (6504379).
Jackson discloses a core wire set comprising: a first core wire (50); a second core wire (52) arranged parallel to the first core wire; a first covering layer (56) covering the first core wire and the second core wire; a second covering layer (58) covering the first covering layer, wherein a wire placement space is formed between the first covering layer and the second covering layer, wherein a bare metal wire (60) is arranged in the wire placement space, and wherein the material of the first covering is selected from heat-insulating materials (Mylar, col. 4, line 53, trade name for PET, same material disclosed by the applicant) (re-claims 1 and 10). It is noted that since the material of the first covering layer of Jackson comprises the same material as disclosed by the applicant; the material of the first covering layer of Jackson will reduce heat transfer from the bare metal wire to an insulation layer of the first core wire during a welding process (re-claims 1 and 10).
Jackson also discloses that from the cross-section of the core wire set, the center of the first core wire, the center of the second core wire, and the center of the bare metal are arranged in a triangular shape (see, Fig. 4) (re-claims 2 and 11); a first side of the first covering layer faces the first core wire and the second core wire is insulated (col. 4, line 52 to col. 5, line 3) (re-claims 3 and 12); a second side of the first covering layer opposite to the first core wire and the second core wire is conducting (aluminum coating) (re-claims 4 and 13); a second side of the first covering layer opposite to the first core wire and the second core wire is heat conductor (aluminum, as disclosed by the applicant) (re-claims 5 and 14); a first side of the second covering layer toward the bare metal wire is conducting (col. 4, line 52 to col. 5, line 3) (re-claims 6 and 15); a first side of the second covering layer toward the bare metal wire is a heat conductor (aluminum) (re-claims 7 and 16); a second side of the second covering layer opposite to the bare metal wire is insulated (re-claims 8 and 17); and a transmission cable comprising a core wire set as claimed in claim 1 and an outer insulation layer (82, Fig. 4) covering the core wire set (re-claim 10).
Response to Arguments
Applicant’s arguments with respect to claims 1 and 10 have been considered but are moot in view of new ground of rejection.
Applicant argues that Jackson is entirely silent with respect to welding, welding heat, welding parameters, or any thermal issues associated with a welding process, and that since Jackson fails to disclose all features of the amended claims 1 and 10 of the application, the amended claims 1 and 10 should overcome the 102 rejection.
Examiner would disagree. It has been held that “[A]pparatus claims cover what a device is, not what a device does.” Hewlett-Packard Co.v.Bausch & Lomb Inc., 909 F.2d 1464, 1469, 15 USPQ2d 1525, 1528 (Fed. Cir. 1990). A claim containing a “recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus” if the prior art apparatus teaches all the structural limitations of the claim. Ex parte Masham, 2 USPQ2d 1647 (Bd. Pat. App. & Inter. 1987)
Although Jackson does not mention welding heat, welding parameters, or any thermal issues associated with a welding process, Jackson does disclose a core wire set comprising structure and material as claimed.
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.
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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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Imani N Hayman can be reached at 571-270-5528. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/CHAU N NGUYEN/Primary Examiner, Art Unit 2841
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