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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
This application is a Con of PCT/JP2023/005913 filed on February 20, 2023.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on June 6, 2024 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Double Patenting
Claims 1-6 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-6 of copending Application No. 18/737,120 (reference application). Although the claims at issue are not identical, they are not patentably distinct from each other because The claimed differences, which end of the exterior member is permitted to move, or whether the protector (first end portion or the second end portion) or the link provides the sliding interface, are matters of design choice that would have been obvious to a person of ordinary skill in the art in view of the common disclosure and routine design considerations for wire-harness conduits and link/joint arrangements. Interchanging which protector (or which end of the sleeve) provides axial movement to accommodate relative motion is a conventional and predictable modification that does not produce an unexpected result or a nonobvious structural/functional distinction. Also, it would have been obvious to claim the “opening” in the first protector and link to allow the cable to be positioned.
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
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.
Claims 1-6 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 1 recites: “a first protector that is disposed on a first link that is fixed”. It is unclear of what the “first protector” is fixed to.
-Claim 1 recites: “flexible cylindrical shape” which is unclear. “flexible” and “cylindrical shape” are relative terms lacking objective boundaries (e.g., minimum bend radius, degree of cylindricity). The applicant should define whether the material or limitation of the shape that makes it flexible.
-Claim 1 recites: “ a movable structure that allows the second end portion to move relative to the second link along the longitudinal direction”, which is purely functional and does not particularly point out the structure.
-Claim 4 recites: “flexurally deformed while maintaining a length along an axial direction of the exterior member”. This is indefinite. The phrase “maintaining a length along an axial direction” is unclear as to what “maintain” defines. Coes “maintaining” mean zero change in length (absolute), “substantially maintaining” (within an unspecified tolerance), or some other metric?
The applicant is required to amend the claims to replace ambiguous/functional terms with definite structural language or provide clarifying claim language that sets objectively ascertainable bounds (e.g., specify the structure that performs the function and/or include quantitative tolerances). Alternatively, the applicant may present arguments and point to supporting passages in the specification that clearly and unambiguously define these terms.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Sato et al. (US 2007/0148994) teaches a wire harness with a link-type movable body. Sato et al. (US 2007/0148992) teaches a harness with links and protective bodies that slide and pivot. Nagayasu (US 2014/0332265) teaches a corrugated tube that allows flexibility for bending of the wire harness.
Communication
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KRYSTAL ROBINSON whose telephone number is (571)272-9258. The examiner can normally be reached on 9-5 M-F.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Timothy Dole can be reached on (571)-272-2229. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/KRYSTAL ROBINSON/Examiner, Art Unit 2848
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