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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on February 23, 2026 has been entered.
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.
Claim 7 is 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.
Claim 7 recites the limitation "the fastener tabs" in line 3. There is insufficient antecedent basis for this limitation in the claim. The applicant should provide proper antecedent basis for this limitations in order to provide the claim with clarity.
Treatment of Claims
The examiner assumes that the label carrier of claim 1 comprises a flat profile in part, wherein the flat profile comprises a fastener tab and therefore the plurality of label carriers has a plurality of flat profiles comprising a plurality of fastener tabs.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 1-2 and 7-9 are rejected under 35 U.S.C. 103 as being unpatentable over Mori (Pat Num 5,187,887) in view of Sarton et al (Pat Num 4,649,658, herein referred to as Sarton). Mori discloses a method of attaching a label carrier (Figs 1-26) which is easily and readily inserted in between the lugs (Col 1, lines 47-57). Specifically, with respect to claim 1, Mori discloses a method for attaching a label carrier (H) to an insulating sheath (located at D) of an electrically conductive wire (D), the method comprising providing a label carrier (H) formed of an elongated strip of elastically expandable material (Col 4, line 49-51), wherein the label carrier (H) has a flat profile (1) in part (Fig 1), wherein the flat profile (1) of the label carrier (H) comprises a fastener tab (1a) and wherein at one end of the label carrier (H), the flat profile (1) gradually merges into two wings (2, 2), which form a channel (5) with an longitudinal slot (4) between the two wings (3, 2), inserting a wire (D) through the slot (4) and into the channel (5) formed by the wings (2, 2, as shown in Fig 15F), wherein the wire (D) is held by friction between the wings (2, 2, Col 2, lines 28-52). With respect to claim 2, Mori discloses that the flat profile (1) at one end comprises a fastener tab (1a) that may be formed of a thermoplastic (i.e. polypropylene, Col 4, lines 49-51). With respect to claim 7, Mori discloses a method, wherein a plurality of label carriers (H) are oriented parallel to one another and are connected by at least one connecting strip (6) to form an endless belt (Col 4, lines 64-68), wherein the endless belt (Figs 2) is fed to a device (Fig 16A, Cols 4-5, lines 68 & 1-13, respectively) in which the fastener tabs (1a) are attached to one wire (D) each (Col 5, lines 27-40), and the connections (6) between the individual label carriers (H) are cut (Col 5, lines 1-13). With respect to claim 8, Mori discloses that the endless belt (Fig 2) comprises a plurality of label carriers (H) are oriented parallel to one another are connected by at least one connecting strip (6) to form an endless belt (Col 4, lines 64-68), and wherein which each label carrier (H) has a flat profile (1) in part and has two elastically expandable wings (2, 2), which form a channel (5) having a slot (4), wherein the flat profile comprises on one end, a fastener tab (1a). With respect to claim 9, Mori discloses that the wings (2, 2) form an internal conical sleeve (Fig 1).
While Mori discloses that label carrier as disclosed above, Mori doesn’t necessarily disclose a covering profile formed of a material that can be labeled and comprising bent around edges to be removably fixed over the flat profile of the label carrier (claim 1).
Sarton teaches a method for attaching a label carrier (Figs 1-16) to an insulating sheath of an electrical cable (11) for the purpose of identifying the cable (11, Col 1, lines 5-10) and offering the advantageous combination of an extended capacity for adapting to cables of different diameters with proper retention of the cables (Col 2, lines 5-8), while also providing a cover over the label carrier to protect the marking on the label carrier (Cols 9-10, lines 66-69 & 1-11). Specifically, with respect to claim 1, Sarton teaches a method of a label carrier (10, Figs 6 & 9) formed of an elongated strip of elastically expandable material (Col 4, line 22-31), wherein the label carrier (10) has a flat profile (13) in part (Fig 6), wherein the flat profile (13) of the label carrier (10) comprises a fastener tab (25) and has two wings (14, 14), which form a channel (located at 11) with an longitudinal slot (15) between the two wings (14, 14), inserting a cable (11) through the slot (15) and into the channel (located at 11) formed by the wings (14, 14, as shown in Fig 9), wherein the cable (11) is held by friction between the wings (14, 14, Col 8, lines 14-31), wherein a covering profile (40) is formed of a material that can be labeled (Col 10, lines 3-5) and comprises bent around edges (Fig 9) in order to be removably fixed over the flat profile (13) of the label carrier (10, Col 10, lines 1-11).
It would have been obvious to one having ordinary skill in the art of contact arrangements at the time the invention was made to modify the terminal of Mori to comprise the cover profile configuration as taught by Sarton because Sarton teaches that such a configuration provides a contact arrangement (Figs 1-19) that provides a method for attaching a label carrier (Figs 1-16) to an insulating sheath of an electrical cable (11) for the purpose of identifying the cable (11, Col 1, lines 5-10) and offering the advantageous combination of an extended capacity for adapting to cables of different diameters with proper retention of the cables (Col 2, lines 5-8), while also providing a cover over the label carrier to protect the marking on the label carrier (Cols 9-10, lines 66-69 & 1-11).
Claim(s) 5-6 are rejected under 35 U.S.C. 103 as being unpatentable over Mori (Pat Num 5,187,887) in view of Liversidge (GB Pat Num 2539549) and Sarton (Pat Num 4,649,658). Mori discloses a method of attaching a label carrier (Figs 1-26) which is easily and readily inserted in between the lugs (Col 1, lines 47-57). Specifically, with respect to claim 5, Mori discloses contact arrangement (Fig 4) having an electrical conductive wire (D), which has a contact (T) at one end (Figs 2-4), and having a label carrier (H) secured on the insulating sheath (located at D) of an electrically conductive wire (D), wherein the label carrier (H) formed of an elongated strip of elastically expandable material (Col 4, line 49-51), and wherein the label carrier (H) has a flat profile (1) in part (Fig 1), wherein the flat profile (1) of the label carrier (H) comprises a fastener tab (1a) and wherein at one end of the label carrier (H), the flat profile (1) gradually merges into two wings (2, 2), which form a channel (5) with an longitudinal slot (4) between the two wings (3, 2), inserting a wire (D) through the slot (4) and into the channel (5) formed by the wings (2, 2, as shown in Fig 15F), wherein the wire (D) is held by friction between the wings (2, 2, Col 2, lines 28-52). With respect to claim 6, Mori discloses that the label carrier (H) is secured to each wire (D) and has a width (Fig 4).
While Mori discloses the conductive wire (D) comprising a terminal (T), Mori doesn’t necessarily disclose that terminal being a contact pin terminal (claim 5), nor the contact arrangement having a plug connector, which has a plurality of mutually adjacent contact openings, into each of which a contact pin connected to an electrically conductive wire can be inserted, wherein the width of the label carriers, which extend in the longitudinal direction of the wires, is not greater than the spacing between the contact openings (claim 6).
Liversidge teaches a contact arrangement (Figs 1-19) that provides enhanced safety at a connection between the cable and another component, while providing electrical shielding and identification of the cable at the connection (Page 1, lines 5-10). Specifically, with respect to claim 5, Liversidge teaches a contact arrangement (Fig 7) comprising a label carrier (10) to an insulating sheath (8) of an electrically conductive wire (2), wherein the electrically conductive wire (2) comprises a contact pin terminal (12) on one end of the wire (2, Figs 2a-2b), wherein the contact arrangement (Fig 7) has a plug connector (located at 90), which has a plurality of mutually adjacent contact openings (92), into each of which a contact pin (12) connected to an electrically conductive wire (2) can be inserted (Fig 7), and wherein the width of the label carriers (10), which extend in the longitudinal direction of the wires (2), is not greater than the spacing between the contact openings (92, Fig 6).
It would have been obvious to one having ordinary skill in the art of contact arrangements at the time the invention was made to modify the terminal of Mori to comprise the contact pin terminal inserted in a plug connection configuration as taught by Liversidge because Liversidge teaches that such a configuration provides a contact arrangement (Figs 1-19) that provides enhanced safety at a connection between the cable and another component, while providing electrical shielding and identification of the cable at the connection (Page 1, lines 5-10).
Modified Mori doesn’t necessarily disclose a covering profile formed of a material that can be labeled and comprising bent around edges to be removably fixed over the flat profile of the label carrier (claim 5).
Sarton teaches a method for attaching a label carrier (Figs 1-16) to an insulating sheath of an electrical cable (11) for the purpose of identifying the cable (11, Col 1, lines 5-10) and offering the advantageous combination of an extended capacity for adapting to cables of different diameters with proper retention of the cables (Col 2, lines 5-8), while also providing a cover over the label carrier to protect the marking on the label carrier (Cols 9-10, lines 66-69 & 1-11). Specifically, with respect to claim 5, Sarton teaches a label carrier (10, Figs 6 & 9) formed of an elongated strip of elastically expandable material (Col 4, line 22-31), wherein the label carrier (10) has a flat profile (13) in part (Fig 6), wherein the flat profile (13) of the label carrier (10) comprises a fastener tab (25) and has two wings (14, 14), which form a channel (located at 11) with an longitudinal slot (15) between the two wings (14, 14), inserting a cable (11) through the slot (15) and into the channel (located at 11) formed by the wings (14, 14, as shown in Fig 9), wherein the cable (11) is held by friction between the wings (14, 14, Col 8, lines 14-31), wherein a covering profile (40) is formed of a material that can be labeled (Col 10, lines 3-5) and comprises bent around edges (Fig 9) in order to be removably fixed over the flat profile (13) of the label carrier (10, Col 10, lines 1-11).
It would have been obvious to one having ordinary skill in the art of contact arrangements at the time the invention was made to modify the terminal of modified Mori to comprise the cover profile configuration as taught by Sarton because Sarton teaches that such a configuration provides a contact arrangement (Figs 1-19) that provides a method for attaching a label carrier (Figs 1-16) to an insulating sheath of an electrical cable (11) for the purpose of identifying the cable (11, Col 1, lines 5-10) and offering the advantageous combination of an extended capacity for adapting to cables of different diameters with proper retention of the cables (Col 2, lines 5-8), while also providing a cover over the label carrier to protect the marking on the label carrier (Cols 9-10, lines 66-69 & 1-11).
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-2 and 5-9 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Please refer to the enclosed PTO-892 form for the citation of pertinent art in the present case, all of which disclose various labels for electrically conductive wires.
Communication
Any inquiry concerning this communication or earlier communications from the examiner should be directed to WILLIAM H MAYO III whose telephone number is (571)272-1978. The examiner can normally be reached on M-Thurs (5:30a-3:00p) Fri 5:30a-2p (w/alternating Fridays off).
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Imani Hayman can be reached on (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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/William H. Mayo III/
William H. Mayo III
Primary Examiner
Art Unit 2847
WHM III
July 10, 2026
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