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 .
Claim Objections
Claim 7 and its dependents are objected to because of the following informalities: Applicant sometime recites “the element for the abrasion protection” and other times just “the element”. Examiner requests a consistency in the claims with respect to this element. Either keep future references to the element as “the element” or always recite “the element for the abrasion protection”. Appropriate correction is required.
Drawings
The subject matter of this application admits of illustration by a drawing to facilitate understanding of the invention. Applicant is required to furnish a drawing(s) under 37 CFR 1.81(c). No new matter may be introduced in the required drawing. 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). While Examiner can view the drawings as part of WO2023/135276, Examiner requests for drawings to be separately filed for this application as no such filing appears to exist in the file wrapper.
Additionally, 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, the “slot” and “outer sheath” mentioned in claims 7 and 11, respectively, 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 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.
Claim 9 recites the limitation "the axial direction" in line 2. There is insufficient antecedent basis for this limitation in the claim.
Claim 7 and its dependents 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.
Claim 7 recites “particularly in a twist-proof manner” in line 4. This preference appears optional which makes the claim indefinite because of the uncertainty of whether this claim limitation must be followed or not. For purposes of this examination, Examiner will ignore this limitation but Examiner requests clarification.
Claim 9 recites “two fastening hooks” in line 1. Are these two new hooks? Or do they relate to the “at least one fastening hook” mentioned in claim 1. Examiner requests clarification and language that more clearly reflects their relationship.
Claim 11 recites “preferably over the totality of the length of the element”. This preference appears optional which makes the claim indefinite because of the uncertainty of whether this claim limitation must be followed or not. For purposes of this examination, Examiner will ignore this limitation but Examiner requests clarification.
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.
Claim(s) 7-12 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by JPS5628109U (‘109).
Claim 7: ‘109 discloses an arrangement with an element (4) for an abrasion protection with at least one fastening hook (4b) for a cable (Figs. 1-2), wherein the element (4) can be fixed on an outer sheath (2) of the cable (Figs. 1-2), wherein the element for the abrasion protection (4) and the at least one fastening hook (4b) are designed in one piece (Fig. 2) and the abrasion protection can be engaged by hand (Fig. 2), particularly in a twist-proof manner, in suitable bores (Fig. 2, note F1).
Claim 8: ‘109 further discloses that the arrangement is designed as a one-piece injection-molded element made of plastic (see English Machine Translation of JPS6115538Y2, noting mention “synthetic resin” used for element 4 which can be made by way of “injection molding” on page 1).
Claim 9: ‘109 further discloses that two fastening hooks (Fig. 2, note the two prongs provided adjacent to each other on 4b in Fig. 2) are provided adjacent to one another in the axial direction on the element for the abrasion protection (Fig. 2).
Claim 10: ‘109 further discloses that the element for the abrasion protection is of elongate cylindrical design with an axially inwardly extending through-opening (Fig. 2).
Claim 11: ‘109 further discloses that the element has a slot extending axially over a partial length (Fig. 2, note circumferential slot/recess provided upon 4a along its length and depicted as a smaller diameter size as compared to the larger diameter end flanges).
Claim 12: ‘109 further discloses that the arrangement is arranged immovably on the outer sheath of the cable in a plastic injection molding process (see page 2).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NATHAN C ZOLLINGER whose telephone number is (571)270-7815. The examiner can normally be reached Generally M-F 9-4 EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Essama Omgba can be reached at 469-295-9278. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/NATHAN C ZOLLINGER/Primary Examiner, Art Unit 3746
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