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 .
Election/Restrictions
Applicant’s election of Group I, Claims 20-27 in the reply filed on 28 August 2025 is acknowledged. Because applicant did not distinctly and specifically point out the supposed errors in the restriction requirement, the election has been treated as an election without traverse (MPEP § 818.01(a)).
Claims 28-38 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention.
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they include the following reference character(s) not mentioned in the description: 400, 408, 409, 426.
Corrected drawing sheets in compliance with 37 CFR 1.121(d), or amendment to the specification to add the reference character(s) in the description in compliance with 37 CFR 1.121(b) 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. 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 disclosure is objected to because of the following informalities:
Paragraph 8 references specific claims numbers, which is improper.
Appropriate correction is required.
Claim Objections
Claims 21, 23, and 27 are objected to because of the following informalities:
Specifically, the term “filaments” should read --steel filaments--.
Appropriate correction is required.
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 20-27 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.
In regards to Claim 20, the phrase “after individualization and under a tension of half a newton per filament in the steel element” is unclear. Are the steel filaments individualized, or are they still together in the steel element? Further, is “under a tension” included in “after individualization and”? If so, then it would seem the steel filament is no longer under a tension, as it has already happened.
In regards to Claim 24, the phrase “the structural elongation” lacks proper antecedent basis.
Further in regards to Claim 24, the term “LC” is unknown; only “LO” is previously disclosed.
In regards to Claim 25, the phrase “the structural elongation” lacks proper antecedent basis.
The remaining claims inherit the rejection through dependency.
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) 20, 21, 26, and 27 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Barguet et al (FR 1908425).
In regards to Claim 20, Barguet teaches a steel for the reinforcement of a rubber product comprising two or more steel elements twisted together, said steel elements comprising one or more steel filaments, said steel cord comprising in total “N” steel filaments, each of said steel filaments having a cross sectional area “A” expressed in square millimeters said steel elements have, after individualization and under a tension of half a newton per filament in said steel element, a center line, said center line having a helix shape with a helix pitch length “LO” in millimeter, wherein the length of the center line of the steel element over one pitch is “S” millimeter, wherein the quantity “P” expressed newton:
P = πNE (A/S)2
is larger than 50 newton and wherein “E” is the modulus of steel (Table 1, Example D: N=3, A=0.07, LO=8.1, S=8.2, E=200,000).
In regards to Claim 21, Barguet teaches said filaments have an equivalent diameter “d” defined by A = πd2/4, wherein S/d is smaller than 30 (A=0.07, d=0.3, S=8.2).
In regards to Claim 26, Barguet teaches the number of steel elements is two, three, or four, and wherein the number of steel filaments within one steel element is one, two, or three (N=3).
In regards to Claim 27, Barguet teaches the number of filaments “N” is from and including 2 to 8 included (N=3).
Allowable Subject Matter
Claims 22-25 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Specifically, at least Cornille et al (20210309050) Tables 1 and 2 and Matsumaru (5661966) Tables 1 and 2 teach element similar to those as currently claimed.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Shaun R Hurley whose telephone number is (571)272-4986. The examiner can normally be reached Monday thru Friday, 8:00am - 3:00pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Clinton T Ostrup can be reached at (571) 272-5559. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/SHAUN R HURLEY/Primary Examiner, Art Unit 3732