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 non-statutory 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 non-statutory 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 non-statutory 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 non-statutory 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 1-3, and 6-8 are rejected on the ground of non-statutory double patenting as being unpatentable over claim 1, 6-11, and 13 of Co-pending Application No.18/276027 (reference application). Although the claims at issue are not identical, they are not patentably distinct from each other because the difference between the instant claims and the co-pending application claims are minor and obvious from each other.
Further, this is a provisional non-statutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
Instant application 18/727949
Co-pending 18/276027
A heat shrinkable connecting component for connection of an insulated electrical wire including a conductor covered by an insulating layer, the heat shrinkable connecting component comprising: a heat shrinkable tube having a melting point of 2100C to 2500C; and a pair of sealing portions disposed at inner peripheral surfaces of the heat shrinkable tube at two end portions of the heat shrinkable tube, wherein a sealing material of each of the sealing portions has shear viscosity of 1000 Pa-s to 2000 Pa-s at 2500C with a shear rate of 100/s and has shear viscosity of 7000 Pa-s to 70000 Pa-s at 2150C with a shear rate of 0.01/s.
The heat shrinkable connecting component according to claim 1, wherein a main component of the heat shrinkable tube is an ethylene-tetrafluoroethylene copolymer, and wherein the heat shrinkable tube has a storage modulus of 0.8 MPa to 2.8 MPa at 2500C to 2800C.
The heat shrinkable connecting component according to claim 1, wherein the sealing material has a softening point of 900C to 1700C.
The heat shrinkable connecting component according to claim 1, wherein a main component of the sealing material is a tetrafluoroethylene- hexafluoropropylene-vinylidenefluoride copolymer.
The heat shrinkable connecting component according to claim 1, wherein the sealing material contains an inorganic filler, wherein the inorganic filler is silica, hydrotalcite, clay, or a combination thereof, and wherein a content of the inorganic filler is 1.0 part by mass to 4.0 parts by mass with respect to 100 parts by mass of a resin in the sealing material.
The heat shrinkable connecting component according to claim 1, wherein transmittance of infrared light having a wavelength of 1 pm in the sealing material is 1.0% to 30.0%.
The heat shrinkable connecting component according to claim 1, further comprising: a connection portion disposed at an inner peripheral surface of the heat shrinkable tube between the pair of sealing portions, wherein a solder material of the connection portion has a melting point of 2100C to 2400C.
The heat shrinkable connecting component according to claim 1, wherein arithmetic average roughness Ra of a surface of the heat shrinkable tube is 0.10 pm to 2.00 pm.
A method of manufacturing a heat shrinkable connecting component, the method comprising: disposing a pair of sealing portions at inner peripheral surfaces of a heat shrinkable tube at two end portions of the heat shrinkable tube, wherein the disposing the sealing portions includes shrinking the heat shrinkable tube and fixing the sealing portions in place, wherein the heat shrinkable tube has a melting point of 2100C to 2500C, and wherein a sealing material of each of the sealing portions has shear viscosity of 1000 Pa-s to 2000 Pa-s at 2500C with a shear rate of 100/s and has shear viscosity of 7000 Pa-s to 70000 Pa-s at 215?C with a shear rate of 0.01/s.
The method of manufacturing a heat shrinkable connecting component according to claim 9, wherein the sealing material has a softening point of 900C to 1700C.
A heat shrinkable tube comprising an ethylene-tetrafluoroethylene copolymer as a main component, wherein the heat shrinkable tube has a melting point of 2100C to 2500C and a storage elastic modulus of 0.8 MPa to 2.8 MPa at 2500C to 2800C.
The heat shrinkable tube according to claim 1, wherein the content of fluorine in the ethylene-tetrafluoroethylene copolymer is 58% by mass to 62% by mass.
The heat shrinkable tube according to claim 1, wherein the ratio n/m of the number n of tetrafluoroethylene units to the number m of ethylene units in the ethylene- tetrafluoroethylene copolymer is 1.02 to 1.20.
The heat shrinkable tube according to claim 1, wherein the heat shrinkable tube has a storage elastic modulus of 500 MPa to 900 MPa at 250C.
The heat shrinkable tube according to claim 1, wherein the heat shrinkable tube has a surface having an arithmetic average roughness Ra of 0.10 pm to 2.00 pm.
The heat shrinkable tube according to claim 1, wherein the transmittance of infrared light having a wavelength of 1 pm through the heat shrinkable tube is 90.0% to 99.0%.
A heat shrinkable coupling component used to couple insulated wires each including a strand covered with an insulating layer, the heat shrinkable coupling component comprising: the heat shrinkable tube according to claim 1; and a pair of sealing portions disposed on an inner circumferential surface of the heat shrinkable tube at respective positions on opposite end side.
The heat shrinkable coupling component according to claim 7, wherein the sealing portions are formed of a sealer, and the shear viscosity of the sealer at 2500C and a shear rate of 100/s is 1000 Pa-s to 2000 Pa-s.
The heat shrinkable coupling component according to claim 7, wherein the sealing portions are formed of a sealer, and the shear viscosity of the sealer at 215*C and a shear rate of 0.01/s is 7000 Pa-s to 70000 Pa-s.
The heat shrinkable coupling component according to claim 8, further comprising a solder portion disposed on the inner circumferential surface of the heat shrinkable tube at a position between the pair of sealing portions.
The heat shrinkable coupling component according to claim 10, wherein the solder portion is formed of a solder material, and the solder material has a melting point of 2100C to 240*C, and wherein the sealer has a softening point of 800C to 1700C.
The heat shrinkable coupling component according to claim 8, wherein the sealer has a melting point of 1100C to 1700C.
The heat shrinkable coupling component according to claim 8, wherein the transmittance of infrared light having a wavelength of 1 pm through the sealer is 1.0% to 30.0%.
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) 1, 3-4, and 9-10 are as best understood and is/are rejected under 35 U.S.C. 103 as being unpatentable over Guerra et al. (US 5052610).
As per claim 1: Guerra et al. discloses a heat shrinkable connecting component for connection of an insulated electrical wire including a conductor covered by an insulating layer (as shown in fig. 2), the heat shrinkable connecting component comprising: a heat shrinkable tube 11 having a melting point of 2100C to 2500C; and
a pair of sealing portions 14/16 disposed at inner peripheral surfaces of the heat shrinkable tube 11 (as shown in figs. 1-2) at two end portions of the heat shrinkable tube 11. However, Guerra et al. is silent regarding wherein a heat shrinkable tube having a melting point of 2100C to 2500C; and, wherein a sealing material of each of the sealing portions has shear viscosity of 1000 Pa-s to 2000 Pa-s at 2500C with a shear rate of 100/s and has shear viscosity of 7000 Pa-s to 70000 Pa-s at 2150C with a shear rate of 0.01/s.
On the other hand, Guerra et al. mentioned wherein the curable adhesive should melt and flow at the recovery temperature of the tubular article to fill the voids between the elongate bodies and the recovered article. At the same time, it should cure to inhibit flow of the adhesive into the solder connection or through the open end of the article. Generally as the adhesive flows to the open end or toward the thermally conductive solder, it is subjected to higher temperatures which causes rapid cure in these regions; and As it cures, its viscosity should increase to at least about 1.5 times its initial molten viscosity. The viscosity of the adhesive is measured on a Rheometrics Mechanical Spectrometer at a frequency of 5 Radians per second at a temperature of 1650C. for a period of time such that the viscosity value remains stable. Although, Guerra et al. does not explicitly disclose the exact range of the melting point, or the shear viscosity as recited above. However, a person having ordinary skill in the art would know that having the above recited limitation can only deal with optimum value, because such modification still would not change the function of the heat shrinkable connecting component for the connection of the insulated electrical wire including a conductor but to further enhance a stable, reliable, durable, sustainable, and mechanical strength as well as the melting moldability for the connection of the insulated electrical wire including the conductor. Since, it has been held that discovering an optimum value of a result effective variable involves only routine skill in the art. In re Boesch, 617 F.2d 272, 205 USPQ 215 (CCPA 1980).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claim invention to further modify the function of the heat shrinkable connecting component for the connection of the insulated electrical wire including a conductor of Guerra et al. by having a heat shrinkable tube having a melting point of 2100C to 2500C; and, wherein a sealing material of each of the sealing portions has shear viscosity of 1000 Pa-s to 2000 Pa-s at 2500C with a shear rate of 100/s and has shear viscosity of 7000 Pa-s to 70000 Pa-s at 2150C with a shear rate of 0.01/s as taught by the instant invention to further enhance a stable, reliable, durable, sustainable, and mechanical strength as well as the melting moldability for the connection of the insulated electrical wire including the conductor. Further, having within the melting point and the shear viscosity range as recited above is within one having ordinary skill in the art to achieve.
As per claims 3-4, and 10: Guerra et al. discloses the heat shrinkable connecting component for connection of the insulated electrical wire including the conductor covered by the insulating layer (as shown in fig. 2), wherein the sealing material has a softening point of 900C to 1700C (wherein amorphous materials the softening point, as the case maybe, of the polymer, deforming the article and cooling the article whilst in the deformed state so that the deformed state of the article is retained; and Ball-and-Ring Softening point 50-1300C); and wherein a main component of the sealing material is a tetrafluoroethylene- hexafluoropropylene-vinylidenefluoride copolymer (see Col. 8, Table I).
As per claim 9: Guerra et al. discloses a method of manufacturing a heat shrinkable connecting component, the method comprising: disposing a pair of sealing portions 14/16 at inner peripheral surfaces of a heat shrinkable tube 11 at two end portions of the heat shrinkable tube 11, wherein the disposing the sealing portions 14/16 includes shrinking the heat shrinkable tube 11 and fixing the sealing portions 14/16 in place (as shown in figs. 1-2). However, Guerra et al. is silent regarding wherein a heat shrinkable tube having a melting point of 2100C to 2500C; and, wherein a sealing material of each of the sealing portions has shear viscosity of 1000 Pa-s to 2000 Pa-s at 2500C with a shear rate of 100/s and has shear viscosity of 7000 Pa-s to 70000 Pa-s at 2150C with a shear rate of 0.01/s.
On the other hand, Guerra et al. mentioned wherein the curable adhesive should melt and flow at the recovery temperature of the tubular article to fill the voids between the elongate bodies and the recovered article. At the same time, it should cure to inhibit flow of the adhesive into the solder connection or through the open end of the article. Generally as the adhesive flows to the open end or toward the thermally conductive solder, it is subjected to higher temperatures which causes rapid cure in these regions; and As it cures, its viscosity should increase to at least about 1.5 times its initial molten viscosity. The viscosity of the adhesive is measured on a Rheometrics Mechanical Spectrometer at a frequency of 5 Radians per second at a temperature of 1650C. for a period of time such that the viscosity value remains stable. Although, Guerra et al. is silent regarding the exact range of the melting point, or the shear viscosity as recited above. However, a person having ordinary skill in the art would know that having the above recited limitation can only deal with optimum value, because such modification still would not change the function of the heat shrinkable connecting component but to further enhance a stable, reliable, durable, sustainable, and mechanical strength as well as the melting moldability for the connection of the insulated electrical wire including the conductor. Since, it has been held that discovering an optimum value of a result effective variable involves only routine skill in the art. In re Boesch, 617 F.2d 272, 205 USPQ 215 (CCPA 1980).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claim invention to further modify the method of manufacturing the heat shrinkable connecting component of Guerra et al. by having a heat shrinkable tube having a melting point of 2100C to 2500C; and, wherein a sealing material of each of the sealing portions has shear viscosity of 1000 Pa-s to 2000 Pa-s at 2500C with a shear rate of 100/s and has shear viscosity of 7000 Pa-s to 70000 Pa-s at 2150C with a shear rate of 0.01/s as taught by the instant invention to further enhance a stable, reliable, durable, sustainable, and mechanical strength as well as the melting moldability for the connection of the insulated electrical wire including the conductor. Further, having within the melting point and the shear viscosity range as recited above is within one having ordinary skill in the art to achieve.
Claim(s) 2, 5-7 as best understood and is/are rejected under 35 U.S.C. 103 as being unpatentable over Guerra et al. (US 5052610) in view of Aida et al. (US 2007/0232754).
As per claim 2: Guerra et al. discloses the heat shrinkable connecting component for connection of the insulated electrical wire including the conductor covered by the insulating layer (as shown in fig. 2), wherein a main component of the heat shrinkable tube is an ethylene-tetrafluoroethylene copolymer (wherein the ethylene copolymer may contain units in addition to those derived from ethylene and those containing polar groups). However, Guerra et al. does not explicitly disclose wherein the heat shrinkable tube has a storage modulus of 0.8 MPa to 2.8 MPa at 2500C to 2800C.
Aida teaches a tube comprising ETFE, wherein the ETFE has a TFE to E ratio of 60/40 (0.67 to 1.5) (Aida, Abstract, Par. 0001-0002 and 0025-0026). Using a molecular weight of F of 19, a molecular weight of C of 12, and a molecular weight of H of 1, this results in a fluorine content in the ETFE of 53.6-64% by mass to further enhance a mechanical strength and melt moldability (see Para. [0026]). Although, neither Guerra et al. nor Aida et al. discloses as recited above. However, regarding the melting point and storage modulus that is identical or substantially identical to the claimed heat shrinkable. Where the claimed and prior art products are identical or substantially identical in structure or composition, or are
produced by identical or substantially identical processes, a prima facie case of either anticipation or obviousness has been established. In re Best, 562 F.2d 1252, 1255, 195 USPQ 430, 433 (CCPA 1977), see MPEP 2112.01, I. Products of identical chemical composition cannot have mutually exclusive
properties. In re Spada, 911 F.2d 705, 709, 15 USPQ2d 1655, 1658 (Fed. Cir. 1990), see MPEP 2112.02. Modified Greuel teaches a heat shrinkable tube comprising ETFE, wherein the ETFE has a ratio of TFE units to E units of 0.67 to 1.5 and a F content of 53.6-64% by mass as stated above, which overlaps that of the instant invention per the instant claims 2-3. Modified Greuel further teaches the tube has a thickness of 0.5-2 mm as stated above, which lies within the range of the instant invention per the
instant specification Par. 0040. Modified Greuel further teaches the tube is formed by extruding the ETFE into a tube, crosslinking the tube via irradiation, heating the tube to above the melting point, and
expanding the tube such that the pressure inside the tube is greater than 30 kPa above the pressure outside the tube as stated above, which is the same method as the instant invention per the instant Claim 14. Further, the instant specification states that melting point and storage modulus are affected by the F content and the ratio of TFE to E (See the instant specification Par. 0016-0017 and 0033-0034). Modified Greuel thus teaches a heat shrinkable tube that is identical or substantially identical to the claimed heat shrinkable tube. Therefore, absent objective evidence to the contrary, the heat shrinkable tube of modified Greuel would have inherently exhibited the claimed melting point and storage modulus.
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claim invention to further modify the function of the heat shrinkable connecting component for the connection of the insulated electrical wire including a conductor of Guerra et al. by having wherein the heat shrinkable tube has a storage modulus of 0.8 MPa to 2.8 MPa at 2500C to 2800C as taught by the instant invention to further enhance a mechanical strength and melt moldability.
As per claims 5-7: Guerra et al. discloses the heat shrinkable connecting component for connection of the insulated electrical wire including the conductor covered by the insulating layer (as shown in fig. 2), and a connection portion 12 disposed at an inner peripheral surface of the heat shrinkable tube between the pair of sealing portions 14/16 (as shown in fig. 1). However, Guerra et al. does not explicitly disclose wherein the sealing material contains an inorganic filler, wherein the inorganic filler is silica, hydrotalcite, clay, or a combination thereof, and wherein a content of the inorganic filler is 1.0 part by mass to 4.0 parts by mass with respect to 100 parts by mass of a resin in the sealing material; and wherein transmittance of infrared light having a wavelength of 1µm in the sealing material is 1.0% to 30.0%; and wherein a solder material of the connection portion has a melting point of 2100C to 2400C.
On the other hand, Guerra et al. mentioned adhesive inserts 14 and 16, each of the curable adhesive formulation, and when used with a heat recoverable article of polyethylene or polyvinylidene fluoride the adhesive should melt at a temperature between about 80.degree. and about 120.degree. C., preferably between about 850C and about 1000C. However, a person having ordinary skill in the art would know that having the sealing material as recited above can only deal with preferred material because such modification still would not change the function of the sealing portion in the heat shrinkable connecting component but to further enhance a durability, reliability and mechanical strength of the sealing portion to the shrinkable connecting component.
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claim invention to further modify the function of the heat shrinkable connecting component for the connection of the insulated electrical wire including a conductor of Guerra et al. by having the sealing material contains an inorganic filler, wherein the inorganic filler is silica, hydrotalcite, clay, or a combination thereof, and wherein a content of the inorganic filler is 1.0 part by mass to 4.0 parts by mass with respect to 100 parts by mass of a resin in the sealing material; and wherein transmittance of infrared light having a wavelength of 1µm in the sealing material is 1.0% to 30.0%, and wherein a solder material of the connection portion has a melting point of 2100C to 2400C as taught by the instant invention to further enhance a durability, reliability and mechanical strength of the sealing portion to the shrinkable connecting component.
Claim(s) 8 as best understood and is/are rejected under 35 U.S.C. 103 as being unpatentable over Guerra et al. (US 5052610) in view of Kobayashi et al. (US 2019/0299512).
As per claim 8: Guerra et al. discloses the heat shrinkable connecting component for connection of the insulated electrical wire including the conductor covered by the insulating layer (as shown in fig. 2). However, Guerra et al. is silent regarding wherein arithmetic average roughness Ra of a surface of the heat shrinkable tube is 0.10 µm to 2.00 µm.
Kobayashi teaches a heat shrinkable tube comprising a fluoropolymen wherein the tube has a
surface with an arithmetic average roughness Ra of less than 1.00 µm (Kobayashi, Abstract, Par. 0005- 0006, 0012, and 0052), which overlaps the claimed range of 0.10 to 2.00 µm and therefore establishes a
prima facie case of obviousness over the claimed range, see MPEP 2144.05, I.
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claim invention to further modify the function of the heat shrinkable connecting component for the connection of the insulated electrical wire including a conductor of Guerra et al. by having arithmetic average roughness Ra of a surface of the heat shrinkable tube is 0.10 µm to 2.00 µm as taught by Kobayashi et al. to further allow for good surface smoothness and a reduction in the variation of the thickness distribution of the tube ((Kobayashi, Par. 0005- 0006, and 0052).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to THANG H NGUYEN whose telephone number is (571)270-0288. The examiner can normally be reached 8:30am-6:30pm.
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/T.H.N/Examiner, Art Unit 2831 /ABDULLAH A RIYAMI/Supervisory Patent Examiner, Art Unit 2831
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