DETAILED ACTION
The papers submitted on 29 May 2024, amending claims 1-3, 5-6, 8-9, are acknowledged.
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.
Claim Rejections - 35 USC § 102
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.
Claims 1-2, and 6 are rejected under 35 U.S.C. 102(a)(1) and/or 102(a)(2) as being anticipated by Harsley (GB 2578324 A).
Regarding claim 1. Harsley discloses a method of making a tie strip from as stretch- orientable thermoplastic comprising a series of joined unit cells (title/abstract), wherein
the molding material is injected into the mold at multiple gating points along the strip to introduce flow discontinuities thereby to localize regions for stretch orientation (6:44+, 7:63+, 8:17+; FIG. 40-44).
Regarding claim 2, Harsley discloses the tie strip is a ladder-style tie strip comprising a plurality of substantially transverse rung portions residing between a pair of longitudinally extending side rail portions, and wherein the method includes the use of multiple gates along the strip, each gate feeding into the center of a rung portion, and wherein each gated rung portion is separated by zero or an even number of rung portions (FIG. 40-44).
Regarding claim 6, Harsley discloses the tie is moulded molded to form projected teeth portions arranged in diagonal rows extending either across the strip or extending symmetrically from a longitudinal centerline of the strip to form a chevron arrangement (FIG. 40-44).
Claim Rejections - 35 USC § 103
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.
Claims 3-5, and 7 are rejected under 35 U.S.C. 103 as being unpatentable over Harsley (GB 2578324 A) ‘Harsley-GB’ as applied to claim 2 above, further in view of Harsley (US 10,407,226 B2) ‘Harsley-US’.
Regarding claim 3, Harsley-GB does not appear to expressly disclose edges or shoulders at the inter-rung sections of the side rails or projecting teeth.
However, Harsley-US discloses a similar injection molding process forming stretch ties (title/abstract) which includes edges or shoulders at the inter-rung sections of the side rails (FIG. 28-29; 8:63+).
At the time of invention, it would have been prima facie obvious to one of ordinary skill in the art to modify the process of Harsley-GB to include projections of Harsley-US, in order to provide better latching.
Regarding claim 4, Harsley-US discloses the edges or shoulders project outwards at approximately 90 degrees on sides of each rail (FIG. 28-29).
Regarding claim 5, modified Harsley-GB suggests molding to form constraining shoulders located at either end of the inter-rung section to be stretched (Harsley-GB FIG. 40-44; Harsley-US FIG. 28-29).
Regarding claim 7, modified Harsley-GB discloses the tie strip is a ratchet-toothed style tie strip comprising an apertured head portion at a distal end and a tail portion extending therefrom, said tail portion including a plurality rows of vertically projecting teeth arranged in a diagonal or chevron pattern on one or both sides of the strip (Harsley-US FIG. 1-2, 28-29), and wherein the method includes the use of multiple gates along a row of teeth such that weld lines occur within the inter-row connecting portions (Harsley-GB 6:44+, 7:63+, 8:17+; FIG. 40-44).
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Harsley (GB 2578324 A) as applied to claim 1 above, further in view of Haase et al. (US 2010/0212117 A1).
Harsley discloses an apertured head portion at a distal end and a tail portion extending therefrom; the method includes the use of multiple gates along the strip, each gate feeding the moulding molding material into the center such that the weld lines are formed along the longitudinal extending rails (6:44+, 7:63+, 8:17+; FIG. 40-44).
Harsley does not appear to expressly disclose a bead and filament shaped tie.
However, Haase discloses similar stretchable ties (title/abstract) including a bead and filament shaped tie (FIG. 10; ¶¶ 37+).
At the time of invention, it would have been prima facie obvious to one of ordinary skill in the art to modify the process of Harsley to include the bead and filament shape of Haase, because such configurations are known in the art and could be formed with expected results.
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Harsley (GB 2578324 A) as applied to claim 1 above, further in view of Burout et al. (US 2010/0071170 A1).
Harsley does not appear to expressly disclose PCL.
However, Burout discloses similar stretchable ties (title/abstract) including polycaprolactone (PCL) (¶¶ 38).
At the time of invention, it would have been prima facie obvious to one of ordinary skill in the art to modify the process of Harsley to include the material of Burout, because such materials more sustainable and are known in the art and could be used with expected results.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Harsley; Andrew John
US 8709568 B2
HARSLEY, ANDREW JOHN
WO 2010018397 A1
HARSLEY, ANDREW JOHN
WO 2004108550 A1
Harsley; Andrew John
US 7704587 B2
Harsley; Andrew John
US 5799376 A
Miraboutalebi; Farshad et al.
US 11433581 B2
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Benjamin A Schiffman whose telephone number is (571)270-7626. The examiner can normally be reached M-F 9a-530p EST.
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/BENJAMIN A SCHIFFMAN/Primary Examiner, Art Unit 1742
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