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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
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,
“at least one conductivity sensor” in line 2 of claim 23.
“a bearing area for rotatable mounting of the rope or cable guide pulley” in line 7 of claim 35.
“a ratio of a material thickness of the surface layer and a material thickness of the fabric layer in a radial direction of the insert element is in a range from 0.8 to 9; wherein the ratio is in a range of from 1 to 8; wherein the ratio is in a range of from 2 to 7” in claims 29-31.
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.
Claim Objections
Claims 16, 19-21, and 36 are objected to because of the following informalities:
In claim 16, lines 3-4, “a rope or cable” should read ---the rope or cable---.
In claim 21, line 2, “surface comparatively layer” should read
---surface layer comparatively---.
In claim 36, line 1, “an insert element for guiding a rope or cable” should read ---the insert element for guiding the rope or cable---.
In claim 36, line 4, “a surface layer” should read ---the surface layer---.
In claim 36, line 5, “vulcanization the indicator element” should read ---vulcanization of the indicator element---.
In claim 36, line 6, “a state of wear” should read ---the state of wear---.
In claim 19, “SBR, NR, NBR, EPDM, CSM, BR and FKM” should include acronyms. For example, “SBR” should recite ---styrene-butadiene rubber---.
In claim 20, “PE, PP, TPE, PA and PETP” should include acronyms. For example, “PE” should recite ---polyethylene---.
Appropriate correction is required.
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.
(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.
Claim(s) 16-17, 21-24, and 32-35 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Bartholet (EP3620340A1).
Regarding claims 16-17, Bartholet discloses an insert element (3, 53k, 53m; Figure 3) for guiding a rope or cable (101) for a cableway installation, comprising: a surface layer (3) with a first surface layer side (3a) configured to come into contact with a rope or cable (101) to be guided, and a second surface layer side (side adjacent to reel body 2) opposite the first surface layer side (3a); and an indicator element (53k) arranged on and/or in the surface layer (3), wherein the indicator element (53k) is configured to indicate a state of wear of the insert element (3, 53k, 53m);
wherein the insert element (3, 53k, 53m) is formed in one piece.
Regarding claims 21, Bartholet discloses wherein the indicator element (53k, conductive wire) and the surface comparatively layer (3, plastic or rubber material) have different properties, including a different hardness, density, tear resistance, elongation at break, abrasion, rebound elasticity, compression set, tear propagation resistance, glass transition temperature, electrical conductivity and swelling.
Regarding claims 22-24, Bartholet discloses wherein the indicator element (53k, wire) comprises at least one of at least one thread;
at least one conductivity sensor (53, 53k) configured to detect a voltage applied to the rope or cable (101) passed through the insert element (3, 53k, 53m; page 9, ¶3);
wherein the indicator element (53k) comprises at least one wire.
Regarding claims 32-34, Bartholet discloses wherein the surface layer (3) has a guide region (3b; Figure 3) and two shoulder regions (left and right elevated regions on surface side 3a) adjacent to the guide region (3b) on the first surface layer side (3a) in a cross-section transverse to a rope or cable guide direction, wherein the guide region (3b) has a recess which is deepened by a recess spacing relative to at least one of the two shoulder regions, and wherein a ratio of a width of both shoulder regions in a cross-section transverse to the rope or cable guide direction and the recess spacing is in a range from 0.2 to 5; in a range of from 0.4 to 3; in a range of from 0.7 to 2.5 (Figure 9).
Regarding claim 35, Bartholet discloses a rope or cable guide pulley (1; Figure 3), comprising: an insert element (3, 53k, 53m) comprising a surface layer (3) with a first surface layer side (3a), configured to come into contact with a rope or cable (101) to be guided, and a second surface layer side (side adjacent to reel body 2) opposite the first surface layer side (3a); an indicator element (53k) arranged on and/or in the surface layer (3), wherein the indicator element (53k) is configured to indicate a state of wear of the insert element (3, 53k, 53m); and a bearing area (10, 11; Figure 1) for rotatable mounting of the rope or cable guide pulley (1).
Claim(s) 16-18, 21-22, 25, and 32-35 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Jones (US5019019A).
Regarding claims 16-18, Jones discloses an insert element (13, 15, 16, 18; Figures 1-4) for guiding a rope or cable for a cableway installation, comprising: a surface layer (13) with a first surface layer side (top surface of 13) configured to come into contact with a rope or cable to be guided, and a second surface layer side (bottom surface of 13) opposite the first surface layer side; and an indicator element (15) arranged on and/or in the surface layer (13), wherein the indicator element (15) is configured to indicate a state of wear of the insert element (13, 15, 16, 18);
wherein the insert element (13, 15, 16, 18) is formed in one piece;
wherein the indicator element (15) covers the second surface layer side at least partially (Figures 2-3).
Regarding claim 21, Jones discloses wherein the indicator element (15, metal or metal mesh) and the surface comparatively layer (13, elastomeric material; column 2, line 50 – column 3, line 24) have different properties, including a different hardness, density, tear resistance, elongation at break, abrasion, rebound elasticity, compression set, tear propagation resistance, glass transition temperature, electrical conductivity and swelling.
Regarding claim 22, Jones discloses wherein the indicator element (15) comprises at least one of a fabric (column 3, lines 1-24).
Regarding claim 25, Jones discloses wherein the indicator element (15) is one of a plurality of indicator elements (15 and 18) distributed in a radial direction of the insert element (13, 15, 16, 18), and each indicator element (15 made of metal and 18 made of elastomeric material; column 3, lines 1-24 and column 4, lines 15-22) having different properties.
Regarding claims 32-34, Jones discloses wherein the surface layer (13) has a guide region (14; Figures 1-4) and two shoulder regions (left and right elevated regions on top surface side) adjacent to the guide region (14) on the first surface layer side in a cross-section transverse to a rope or cable guide direction, wherein the guide region (14) has a recess which is deepened by a recess spacing relative to at least one of the two shoulder regions, and wherein a ratio of a width of both shoulder regions in a cross-section transverse to the rope or cable guide direction and the recess spacing is in a range from 0.2 to 5; in a range of from 0.4 to 3; in a range of from 0.7 to 2.5.
Regarding claim 35, Jones discloses a rope or cable guide pulley, comprising: an insert element (13, 15, 16, 18) comprising a surface layer (13) with a first surface layer side (top surface of 13), configured to come into contact with a rope or cable to be guided, and a second surface layer side (bottom surface of 13) opposite the first surface layer side; an indicator element (15) arranged on and/or in the surface layer (13), wherein the indicator element (15) is configured to indicate a state of wear of the insert element (13, 15, 16, 18); and a bearing area (axle of hub 12; Figure 1) for rotatable mounting of the rope or cable guide pulley.
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.
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(s) 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Bartholet.
Regarding claims 19, Bartholet discloses wherein the surface layer (3) comprises at least one of rubber or plastic (page 8). It would have been obvious to one of ordinary skill in the art before the filing date of the claimed invention to modify the insert element of Jones to include the surface layer comprises at least one of SBR, NR, NBR, EPDM, CSM, BR and FKM in order to provide an soft and deformable surface to prevent or reduce damage and wear to the rope. Since it has been held to be within the general skill of a worker in the art to select known material on the basis of its suitability for the intended use as a matter of obvious design choice. In re Leshin, 125 USPQ 416. Bartholet teaches that the surface layer can be made of a type of rubber or plastic.
Claim(s) 20 and 26-31 is/are rejected under 35 U.S.C. 103 as being unpatentable over Jones.
Regarding claim 20, Jones discloses the above insert element and further teaches wherein the indicator element (15) comprises at least one of an elastomeric material. It would have been obvious to one of ordinary skill in the art before the filing date of the claimed invention to modify the insert element of Jones to include wherein the indicator element comprises of PE, PP, TPE, PA, or PETP in order to provide improvement of cost effectiveness, lightweight, high durability, and chemical resistance. Since it has been held to be within the general skill of a worker in the art to select known material on the basis of its suitability for the intended use as a matter of obvious design choice. In re Leshin, 125 USPQ 416. Jones further teaches that the insert element can be made of any elastomeric material such as polyurethane.
Regarding claims 26-28, Jones discloses wherein a ratio of a material thickness of the surface layer (13) and a material thickness of the indicator element (15) in a radial direction of the insert element (13, 15, 16, 18) is in a range smaller than 1 (Figures 2-4). It would have been obvious to one of ordinary skill in the art before the filing date of the claimed invention to modify the insert element of Jones to include a ratio of a material thickness of the surface layer and a material thickness of the indicator element in a radial direction of the insert element is in a range from 0.01 to 0.7, a range from .07 to 0.5; and/or a range from 0.1 to 0.3 in order to allow sufficient wear of the surface layer and continuance of operation up to an allowable thickness. Since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the experimental, optimum, or workable ranges involves only routine skill in the art. In re Aller, 105 USPQ 233.
Regarding claims 29-31, Jones discloses a fabric layer (fabric web 15) configured to absorb radial forces, wherein a ratio of a material thickness of the surface layer (13) and a material thickness of the fabric layer (fabric web 15) in a radial direction of the insert element (13, 15, 16, 18) is in a range smaller than 1 (Figures 2-4). It would have been obvious to one of ordinary skill in the art before the filing date of the claimed invention to modify the insert element of Jones to include a ratio of a material thickness of the surface layer and a material thickness of the fabric layer in a radial direction of the insert element is in a range from 0.8 to 9; the ratio is in a range of from 1 to 8; the ratio is in a range of from 2 to 7 in order to allow sufficient wear of the surface layer and continuance of operation up to an allowable thickness of the surface layer and some of the fabric layer prior to stopping operation for replacement of the insert. Since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the experimental, optimum, or workable ranges involves only routine skill in the art. In re Aller, 105 USPQ 233.
Claim(s) 36 is/are rejected under 35 U.S.C. 103 as being unpatentable over Jones in view of Smith (US20150300959A1).
Regarding claim 36, Jones discloses the above insert and further teaches a method of manufacturing an insert element (13, 15, 16, 18) for guiding a rope or cable, the method comprising: providing the indicator element (15); applying the indicator element (15) in or on a surface layer (13); and wherein the indicator element (15) is configured to indicate a state of wear of the insert element (13, 15, 16, 18)., but fails to teach vulcanization of the indicator element and the surface layer.
Smith teaches a similar insert and further teaches the method of vulcanization of the indicator element (4; Figures 1-2) and the surface layer (3; ¶0019). It would have been obvious to one of ordinary skill in the art before the filing date of the claimed invention to modify the insert element of Jones to include the method of vulcanization of the indicator element and surface layer in order to chemically bond the layers together to form a solid single piece and prevent detachment of the layers.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Additional references listed on form PTO-892 are cited for their relevance to the disclosed invention and demonstration of the state of the art.
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/H.S./Examiner, Art Unit 3654
/ANNA M MOMPER/Supervisory Patent Examiner, Art Unit 3654