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 .
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
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Claims 1-6 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-9 of U.S. Patent No. 12,027,288. Although the claims at issue are not identical, they are not patentably distinct from each other because see below.
Application No. 18/645,600
Patent No. US 12,027,288
1. A garment to which an elastic wiring has been fixed, the elastic wiring comprising: an elastic tube; a conductor wire arranged within the tube; and caulking members that fix the conductor wire and the tube at both ends of the tube in the lengthwise direction, wherein: a length of the conductor wire between the fixing portions when the tube is in an unextended state is longer than a length of the tube between the fixing portions; each of the caulking members comprises a male member and a female member; the male member comprises a first flat plate portion and a fitting convex portion that is provided on the first flat plate portion; the female member comprises a second flat plate portion and a fitting concave portion that is provided on the second flat plate portion; and the conductor wire and the tube are caulked by the first flat plate portion and the second flat plate portion in a state of the fitting convex portion and the fitting concave portion being fitted together.
1. A garment comprising: a composite wiring fixed to the garment, the composite wiring comprising: an elastic wiring including an elastic tube, a conductor wire disposed inside the tube, and first and second fixing portions that fix the conductor wire and the tube together at first and second ends of the tube, respectively, in a lengthwise direction of the tube, a length of the conductor wire between the fixing portions when the tube is in an unextended state being longer than the length of the tube between the first and second fixing portions; another wiring separate from the elastic wiring; and a connection member that connects the conductor wire of the elastic wiring and a conductor wire of the other wiring at least at the first fixing portion by caulking in a state of being brought into contact with each other, the connection member having an interior section sealed in a watertight manner with a sealing material; wherein the connection member is a crimping sleeve, and the crimping sleeve connects the conductor wire of the elastic wiring and the conductor wire of the other wiring by caulking the conductor wire of the other wiring inserted in an end portion of the tube of the elastic wiring from the periphery of the tube of the elastic wiring.
4. A garment comprising: a composite wiring fixed to the garment, the composite wiring comprising: an elastic wiring comprising an elastic tube, a conductor wire disposed inside the tube, and first and second fixing portions that fix the conductor wire and the tube together at first and second ends of the tube, respectively, in a lengthwise direction thereof, a length of the conductor wire between the first and second fixing portions when the tube is in an unextended state being longer than the length of the tube between the first and second fixing portions; an other wiring separate from the elastic wiring; and a connection member that connects the conductor wire of the elastic wiring and a conductor wire of the other wiring at least at the first fixing portion by caulking in a state of being brought into contact with each other, the connection member having an interior section sealed in a watertight manner with a sealing material, wherein the second fixing portion includes a caulking member comprising: a male member comprising a first flat plate portion and a fitting convex portion that is provided on the first flat plate portion; and a female member comprising a second flat plate portion and a fitting concave portion that is provided on the second flat plate portion, wherein, in a state of the fitting convex portion and the fitting concave portion being fitted together, the conductor wire and the tube are caulked by the first flat plate portion and the second flat plate portion, and a protrusion is formed in the female member.
2. The garment according to claim 1, comprising a sensor connected to one end of the elastic wiring.
2. The garment according to claim 1, comprising a sensor connected to one end of the composite wiring.
5. The garment according to claim 4, comprising a sensor connected to one end of the composite wiring.
3. The garment according to claim 2, comprising a transmitter connected to the other end of the elastic wiring.
3. The garment according to claim 2, comprising a transmitter connected to the other end of the composite wiring.
6. The garment according to claim 5, comprising a transmitter connected to the other end of the composite wiring.
4. A garment to which an elastic wiring has been fixed, the elastic wiring comprising: an elastic tube; a conductor wire arranged within the tube; and caulking members that fix the conductor wire and the tube at both ends of the tube in the lengthwise direction, wherein: a length of the conductor wire between the fixing portions when the tube is in an unextended state is longer than a length of the tube between the fixing portions; each of the caulking members comprises a male member comprising a flat plate portion and a spike extending substantially perpendicularly from the flat plate portion, and a ring-shaped female member fixed to the male member by being crimped to the spike; and by fixing the female member to the male member, the conductor wire and the tube are caulked by the flat plate portion and the female member, and a recess is formed in the ring-shaped central portion of the female member.
7. A garment comprising: a composite wiring fixed to the garment, the composite wiring comprising: an elastic wiring comprising an elastic tube, a conductor wire disposed inside the tube, and first and second fixing portions that fix the conductor wire and the tube together at first and second ends of the tube, respectively, in a lengthwise direction thereof, a length of the conductor wire between the first and second fixing portions when the tube is in an unextended state being longer than the length of the tube between the first and second fixing portions; an other wiring separate from the elastic wiring; and a connection member that connects the conductor wire of the elastic wiring and a conductor wire of the other wiring at least at the first fixing portion by caulking in a state of being brought into contact with each other, the connection member having an interior section sealed in a watertight manner with a sealing material, wherein the second fixing portion includes a caulking member comprising: a male member comprising a flat plate portion and a spike extending substantially perpendicularly from the flat plate portion; and a ring-shaped female member fixed to the male member by being crimped to the spike, wherein, by fixing the female member to the male member, the conductor wire and the tube are caulked by the flat plate portion and the female member, and a recess is formed in the ring-shaped central portion of the female member.
5. The garment according to claim 4, comprising a sensor connected to one end of the elastic wiring.
8. The garment according to claim 7, comprising a sensor connected to one end of the composite wiring.
6. The garment according to claim 5, comprising a transmitter connected to the other end of the elastic wiring.
9. The garment according to claim 8, comprising a transmitter connected to the other end of the composite wiring.
Claims 1 and 4 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1 and 4 of U.S. Patent No. 11,996,216. Although the claims at issue are not identical, they are not patentably distinct from each other because see below.
Application No. 18/645,600
Patent No. US 11,996,216
1. A garment to which an elastic wiring has been fixed, the elastic wiring comprising: an elastic tube; a conductor wire arranged within the tube; and caulking members that fix the conductor wire and the tube at both ends of the tube in the lengthwise direction, wherein: a length of the conductor wire between the fixing portions when the tube is in an unextended state is longer than a length of the tube between the fixing portions; each of the caulking members comprises a male member and a female member; the male member comprises a first flat plate portion and a fitting convex portion that is provided on the first flat plate portion; the female member comprises a second flat plate portion and a fitting concave portion that is provided on the second flat plate portion; and the conductor wire and the tube are caulked by the first flat plate portion and the second flat plate portion in a state of the fitting convex portion and the fitting concave portion being fitted together.
1. An elastic wiring comprising: an elastic tube; a conductor wire arranged within the tube; and fixing portions that fix the conductor wire and the tube at both ends of the tube in the lengthwise direction, wherein the length of the conductor wire between the fixing portions when the tube is in an unextended state is longer than the length of the tube between the fixing portions, the fixing portions each includes a caulking member; the caulking member comprises a male member and a female member; the male member comprises a first flat plate portion and a fitting convex portion that is provided on the first flat plate portion; the female member comprises a second flat plate portion and a fitting concave portion that is provided on the second flat plate portion; and the conductor wire and the tube are caulked by the first flat plate portion and the second flat plate portion in a state of the fitting convex portion and the fitting concave portion being fitted together.
4. A garment to which an elastic wiring has been fixed, the elastic wiring comprising: an elastic tube; a conductor wire arranged within the tube; and caulking members that fix the conductor wire and the tube at both ends of the tube in the lengthwise direction, wherein: a length of the conductor wire between the fixing portions when the tube is in an unextended state is longer than a length of the tube between the fixing portions; each of the caulking members comprises a male member comprising a flat plate portion and a spike extending substantially perpendicularly from the flat plate portion, and a ring-shaped female member fixed to the male member by being crimped to the spike; and by fixing the female member to the male member, the conductor wire and the tube are caulked by the flat plate portion and the female member, and a recess is formed in the ring-shaped central portion of the female member.
4. An elastic wiring comprising: an elastic tube; a conductor wire arranged within the tube; and fixing portions that fix the conductor wire and the tube at both ends of the tube in the lengthwise direction, wherein the length of the conductor wire between the fixing portions when the tube is in an unextended state is longer than the length of the tube between the fixing portions, the fixing portions each includes a caulking member, the caulking member comprising: a male member comprising a flat plate portion and a spike extending substantially perpendicularly from the flat plate portion; and a ring-shaped female member fixed to the male member by being crimped to the spike; wherein by fixing the female member to the male member, the conductor wire and the tube are caulked by the flat plate portion and the female member, and a recess is formed in the ring-shaped central portion of the female member.
Claims 1 and 4 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 3-4 of U.S. Patent No. 11,610,701. Although the claims at issue are not identical, they are not patentably distinct from each other because see below.
Application No. 18/645,600
Patent No. US 11,610,701
1. A garment to which an elastic wiring has been fixed, the elastic wiring comprising: an elastic tube; a conductor wire arranged within the tube; and caulking members that fix the conductor wire and the tube at both ends of the tube in the lengthwise direction, wherein: a length of the conductor wire between the fixing portions when the tube is in an unextended state is longer than a length of the tube between the fixing portions; each of the caulking members comprises a male member and a female member; the male member comprises a first flat plate portion and a fitting convex portion that is provided on the first flat plate portion; the female member comprises a second flat plate portion and a fitting concave portion that is provided on the second flat plate portion; and the conductor wire and the tube are caulked by the first flat plate portion and the second flat plate portion in a state of the fitting convex portion and the fitting concave portion being fitted together.
3. A composite wiring comprising: an elastic wiring comprising an elastic tube, a conductor wire disposed inside the tube, and first and second fixing portions that fix the conductor wire and the tube together at first and second ends of the tube, respectively, in a lengthwise direction thereof, a length of the conductor wire between the first and second fixing portions when the tube is in an unextended state being longer than the length of the tube between the first and second fixing portions; other wiring separate from the elastic wiring; and a connection member that connects the conductor wire of the elastic wiring and a conductor wire of the other wiring at least at the first fixing portion by caulking in a state of being brought into contact with each other, the connection member having an interior section sealed in a watertight manner with a sealing material, wherein the second fixing portion includes a caulking member comprising: a male member comprising a first flat plate portion and a fitting convex portion that is provided on the first flat plate portion; and a female member comprising a second flat plate portion and a fitting concave portion that is provided on the second flat plate portion, wherein, in a state of the fitting convex portion and the fitting concave portion being fitted together, the conductor wire and the tube are caulked by the first flat plate portion and the second flat plate portion, and a protrusion is formed in the female member.
4. A garment to which an elastic wiring has been fixed, the elastic wiring comprising: an elastic tube; a conductor wire arranged within the tube; and caulking members that fix the conductor wire and the tube at both ends of the tube in the lengthwise direction, wherein: a length of the conductor wire between the fixing portions when the tube is in an unextended state is longer than a length of the tube between the fixing portions; each of the caulking members comprises a male member comprising a flat plate portion and a spike extending substantially perpendicularly from the flat plate portion, and a ring-shaped female member fixed to the male member by being crimped to the spike; and by fixing the female member to the male member, the conductor wire and the tube are caulked by the flat plate portion and the female member, and a recess is formed in the ring-shaped central portion of the female member.
4. A composite wiring comprising: an elastic wiring comprising an elastic tube, a conductor wire disposed inside the tube, and first and second fixing portions that fix the conductor wire and the tube together at first and second ends of the tube, respectively, in a lengthwise direction thereof, a length of the conductor wire between the first and second fixing portions when the tube is in an unextended state being longer than the length of the tube between the first and second fixing portions; other wiring separate from the elastic wiring; and a connection member that connects the conductor wire of the elastic wiring and a conductor wire of the other wiring at least at the first fixing portion by caulking in a state of being brought into contact with each other, the connection member having an interior section sealed in a watertight manner with a sealing material, wherein the second fixing portion includes a caulking member comprising: a male member comprising a flat plate portion and a spike extending substantially perpendicularly from the flat plate portion; and a ring-shaped female member fixed to the male member by being crimped to the spike, wherein, by fixing the female member to the male member, the conductor wire and the tube are caulked by the flat plate portion and the female member, and a recess is formed in the ring-shaped central portion of the female member.
Claim 1 is rejected on the ground of nonstatutory double patenting as being unpatentable over claims 5 of U.S. Patent No. 11,678,827. Although the claims at issue are not identical, they are not patentably distinct from each other because see below.
Application No. 18/645,600
Patent No. US 11,678,827
1. A garment to which an elastic wiring has been fixed, the elastic wiring comprising: an elastic tube; a conductor wire arranged within the tube; and caulking members that fix the conductor wire and the tube at both ends of the tube in the lengthwise direction, wherein: a length of the conductor wire between the fixing portions when the tube is in an unextended state is longer than a length of the tube between the fixing portions; each of the caulking members comprises a male member and a female member; the male member comprises a first flat plate portion and a fitting convex portion that is provided on the first flat plate portion; the female member comprises a second flat plate portion and a fitting concave portion that is provided on the second flat plate portion; and the conductor wire and the tube are caulked by the first flat plate portion and the second flat plate portion in a state of the fitting convex portion and the fitting concave portion being fitted together.
5. A garment to which a composite wiring is fixed, the composite wiring comprising a plurality of pieces of wiring accommodated and gathered together within an elastic sheath, wherein at least one of the pieces of wiring is elastic wiring comprising an elastic tube, a conductor wire arranged within the tube and having slack in the tube, thereby allowing extension of the conductor wire in a lengthwise direction of the conductor wire, and fixing portions for fixing the conductor wire and the tube at both ends of the tube in the lengthwise direction thereof, wherein the length of the conductor wire between the fixing portions when the tube is in an unextended state being longer than the length of the tube between the fixing portions, and the fixing portion includes a male member having a first flat plate portion and a fitting convex portion provided with a through hole, and a female member having a second flat plate portion facing the first flat plate portion and a fitting concave portion to be fitted to the fitting convex portion, the both ends of the conductor wire and the tube are caulked by the first flat plate portion and the second flat plate portion by forming a knot larger than the through hole on a distal side of the conductor wire that has passed through the through hole and fitting the fitting convex portion of the male member and the fitting concave portion of the female member.
Examiner remarks: The Examiner considers the following prior art references as the closest art related to the instant application:
Johnson (Pub. No. US 2006/0185873) discloses an elastic wiring having an elastic tube, a conductor wire within the tube, and fixing portions.
Liu et al. (Patent No. US 9,378,864) discloses a stretchable metal wire assembly using an elastic tube.
Bishop (Pub. No. US 2006/0080808) discloses an elastic tube capable of shortening a cable.
Conclusion
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/AMOL H PATEL/Examiner, Art Unit 2847 /HOA C NGUYEN/Primary Examiner, Art Unit 2847