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 .
Election/Restrictions
Applicant’s election without traverse of claims 46-62 in the reply filed on 7/29/2026 is acknowledged.
Claims 63-64 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected I, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 07/29/2026.
Drawings
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 hingedly mounted housing (claim 59, lines 1-2) 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 Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation is: “adjustment mechanism” in claim 50.
Because this claim limitation is being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it is being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof. Such description of the structure correlating to the adjustment mechanism, such as elongate movable actuator and adjustment handle, can be found in Paragraph 28 of the specification.
If applicant does not intend to have this limitation interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation to avoid it being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
Claim Objections
Claims 47-59 and 62 are objected to because of the following informalities:
Claims 47-59, line 1, “A tape wrapping dispensing device” should be --The tape wrapping dispensing device--.
Claim 62, line 1, “A method” should be --The method--.
Appropriate correction is required.
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 46-62 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 46 recites the limitation "the tension rollers" in lines 7-8. There is insufficient antecedent basis for this limitation in the claim. While the claim iterates “at least three rollers” in line 7, it is unclear if all/any of the rollers previously stated are tension rollers or some other roller.
Regarding claims 54 and 57, the phrase "optionally", in lines 5 and 2 respectively, renders the claims indefinite because it is unclear whether the limitation(s) following the phrase are required as part of the claimed invention. See MPEP § 2173.05(d). Claim 55 is rejected due to its dependency on claim 54.
Claims 47-64 are rejected due to their dependency on claim 46.
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.
Claim(s) 46-55, 57 and 60-62, as far as they are definite, are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Jeffs (GB 2531030).
Regarding claim 46, Jeffs teaches: A tape wrapping and dispensing device for wrapping stretchable tape around a pipe or other elongate body, the device comprising: a support plate having a dispensing end and a lower edge defining a tape dispensing outlet region and an opposing distal end (contains a support plate 22 with a distal end near handle 24 and tape dispensing outlet region at roller arrangement 40 [Fig. 1]); a carrier shaft, extending from said support plate between said dispensing and distal ends, on which a supply roll of stretchable tape can be rotatably mounted (carrier shaft 60 in between distal end and outlet [Figs. 1 and 4 and abstract, lines 3-5]); at least three rollers mounted at the dispensing end of the support plate, the tension rollers being configured in a generally rectangular arrangement and comprising a lower dispensing roller immediately adjacent said tape dispensing outlet region, an upper dispensing roller and an intermediate roller located adjacent to, and between, the upper and lower dispensing rollers such that the upper dispensing roller and the intermediate roller define a first nip and the intermediate roller and the lower dispensing roller define a second nip (three rollers 46, 44, and 42 in the roller arrangement 40 wherein roller 44 is lower dispensing roller, roller 42 is upper dispensing roller, and roller 46 is intermediate roller which defines a first nip and second nip between rollers 42 and 44, respectively [Fig. 2 and 5)]); wherein, in use, the free end of the stretchable tape can be removed from the supply roll and passed, first, between the first nip and then between the second nip before being secured to a pipe or other elongate body, and then, with the lower dispensing roller in direct contact with the stretchable tape secured to the pipe or other elongate body, the device can be moved in a first circumferential direction around said pipe or other elongate body to cause rotation of said lower dispensing roller in said first circumferential direction and simultaneously dispense and wind the tape therearound (tape 110 passed through first nip and through second nip to secure to pipe 200 which then moves in a circumferential direction A [Figs. 6-6B]); the tension rollers being configured to grip the stretchable tape, in use, such that the device applies a tensile load to the stretchable tape and the stretchable tape dispensed from the tape dispensing outlet is under tension, and the lower dispensing roller acts to press the stretchable tape onto the pipe or elongate body as it is dispensed (tensile load is applied to tape 116 as it is stretched and applied to pipe 200 [Fig. 6A and Pg. 15, lines 9-13]).
With respect to the limitation describing roller pressing tape onto the pipe, while features of an apparatus may be recited either structurally or functionally, claims directed to an apparatus must be distinguished from the prior art in terms of structure rather than function, because apparatus claims cover what a device is, not what a device does (Hewlett-Packard Co. v. Bausch & Lomb Inc., 909 F.2d 1464, 1469, 15 USPQ2d 1525, 1528 (Fed. Cir. 1990)). Thus, if a prior art structure is capable of performing the intended use as recited in the preamble, or elsewhere in a claim, then it meets the claim. As presented, Jeffs device structurally meets the limitations described in 46 and would be capable of performing the intended use.
Regarding claim 47, Jeffs teaches: A tape wrapping and dispensing device according to claim 46, further comprising a take- up shaft for receiving the backing layer which is removed from the stretchable tape (take up shaft 70 receives backing tape 112 from the stretchable tape 114 [Fig. 4 and Pg. 15, lines 6-8]).
Regarding claim 48, Jeffs teaches: A tape wrapping and dispensing device according to claim 46, further comprising a handle member mounted at said dispensing end of said support plate (handle 24 mounted to plate 22 [Fig. 1]).
Regarding claim 49, Jeffs teaches: A tape wrapping and dispensing device according to claim 46, wherein at least one of the rollers is resiliently or spring biased toward the other two rollers (intermediate roller 46 is biased toward other two rollers via adjustment mechanism 50 [Fig. 2 and Pg. 13, lines 3-7]).
Regarding claim 50, Jeffs teaches: A tape wrapping and dispensing device according to claim 46, further comprising an adjustment mechanism which operates to adjust the relative position of at least one of the rollers relative to the other two rollers (adjustment mechanism 50 moves the intermediate roller 46 with respect to other two rollers 44 and 42[Fig. 2 and Pg. 13, lines 3-7]).
Regarding claim 51, Jeffs teaches: A tape wrapping and dispensing device according to claim 50, wherein said adjustment mechanism is configured to operate to adjust the relative position of the intermediate roller relative to the upper and lower dispensing rollers (adjustment mechanism 50 moves the intermediate roller 46 with respect to other two rollers 44 and 42[Fig. 2 and Pg. 13, lines 3-7]).
Regarding claim 52, Jeffs teaches: A tape wrapping dispenser according to claim 50, wherein said adjustment mechanism is configured to operate to adjust the relative position(s) of the upper and/or lower rollers relative to the intermediate roller (adjustment mechanism 50 adjusts the relative position of the upper roller 42 and lower roller 44 relative to the intermediate roller 46 [Fig. 2 and Pg. 13, lines 3-7]. As the claim describes the positions of the rollers to be relative, moving the intermediate roller 46 via the adjustment mechanism 50 would change the relative position of the upper roller 42 and lower roller 44 with respect to the intermediate roller.).
Regarding claim 53, Jeffs teaches: A tape wrapping and dispensing device according to claim 50, wherein said adjustment mechanism comprises a selectively movable actuator configured to adjust the position of the shaft of one of the rollers relative to the other two rollers (adjustment mechanism 50 moves the intermediate roller 46 with respect to other two rollers 44 and 42[Fig. 2 and Pg. 13, lines 3-7]).
Regarding claim 54, Jeffs teaches: A tape wrapping and dispensing device according to claim 51, wherein the adjustment mechanism comprises an elongate selectively movable actuator mechanically coupled to the shaft of said intermediate roller (adjustment mechanism 50, comprises an elongate member [See encircled in marked figure below] which is coupled to shaft of intermediate roller 46 [Fig. 3, and Pg. 12, lines 17-18]), and an adjustment handle mechanically coupled to said movable actuator and configured to selectively move said shaft of said intermediate roller relative to said upper and lower rollers (adjustment handle 52 mechanically coupled to actuator 50 via a screw arrangement which moves the intermediate roller 46 [Pg. 20, lines 18-20]), and optionally wherein said adjustment handle is located adjacent the distal end of the support plate and said elongate actuator extends along said support plate from a location adjacent said adjustment handle to a location adjacent the shaft of said intermediate roller.
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Regarding claim 55, Jeffs teaches: A tape wrapping and dispensing device according to claim 54, wherein said adjustment handle comprises a screw arrangement mechanically coupled to said elongate actuator and a rotatable adjustment handle coupled to said screw arrangement and operable to adjust the position of the intermediate roller (adjustment handle 52 comprises a screw arrangement to adjust the position of the intermediate roller 46 [Pg. 12, lines 18-22 and Fig. 3]).
Regarding claim 57, Jeffs teaches: A tape wrapping and dispensing device according to claim 46, further comprising a handle arrangement mounted to the support plate at its distal end (handle 24 at distal end of support plate 22 [Fig. 1]), and optionally wherein said handle arrangement comprises a pair of handle members mounted on said support plate and at least one of said handle members being selectively movable relative to the other handle member and/or the support plate.
Regarding claim 60, Jeffs teaches: A high tension tape dispenser including a tape wrapping and dispensing device according to claim 46, and a supply roll of self-fusing tape mounted on the carrier shaft (device contain the wrapping device 100 with a roll of self-fusing tape 110 mounted on carrier shaft 60 [Fig. 4 and Pg. 10, lines 1-3]).
Regarding claim 61, Jeffs teaches: A method of wrapping a stretchable tape around a pipe or other elongate body, the method including: taking a tape wrapping and tensioning device according to claim 46 (see the rejection of claim 46 above); mounting a supply roll of stretchable tape onto the carrier shaft (Pg. 25, line 5); passing a free end of the stretchable tape, first, between said upper dispensing roller and said intermediate roller and then between the intermediate roller and the lower dispensing roller, before securing the free end of the stretchable tape to the surface of the pipe or elongate body (tape 114 is passed through the upper roller 42 and intermediate roller 46 and then through the intermediate roller 46 and lower roller 44 before securing to pipe [Pg. 4, lines 14-16, Pg. 25, line 6, and Fig. 5-6A]); positioning the device on the exterior surface of the pipe or elongate body such that the lower dispensing roller engages with the free end of the stretchable tape secured said exterior surface (Pg. 25, lines 8-9); pulling the device in a first circumferential direction to dispense and stretch the tape, pressing the lower dispensing roller onto the stretchable tape as it is dispensed, and thus winding the tape around the pipe or elongate body (Pg. 25, lines 10-11); and continuing to wrap the tape around the pipe in overlapping layers to cover a surface area of the pipe or elongate body (Pg. 25, lines 12-13).
Regarding claim 62, Jeffs teaches: A method according to claim 61, wherein said stretchable tape is a self-fusing or self-amalgamating tape (stretchable tape 114 can be self-fusing or self-amalgamating [Pg. 10, lines 1-3]).
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.
Claim 56, as far as it is definite, is rejected under 35 U.S.C. 103 as being unpatentable over Jeffs (GB 2531030) in view of Danielson (US 4061513).
Jeffs teaches: the limitations of claim 46 but fails to teach further comprising a base roller mounted on the support plate adjacent its distal end and on the same edge as said tape dispensing outlet region, the base roller being arranged and configured such that, in use, the base roller can be placed in direct contact with the pipe or other elongate body, or previously wrapped layers of stretchable tape thereon, and caused to rotate in said first circumferential direction as the device is moved around the pipe in said first circumferential direction.
Danielson teaches: a base roller mounted on the support plate adjacent its distal end and on the same edge as said tape dispensing outlet region, the base roller being arranged and configured such that, in use, the base roller can be placed in direct contact with the pipe or other elongate body, or previously wrapped layers of stretchable tape thereon, and caused to rotate in said first circumferential direction as the device is moved around the pipe in said first circumferential direction (roller 34 at a distal end of a support plate 30 configured to contact pipe 12 and rotate about in a circumferential direction [Fig. 1 and 3]).
It would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to include the rollers spread across the circumference of a pipe of Danielson within the tape wrapping device of Jeffs in order to sufficiently contact the pipe and rotate the device around the pipe (Danielson – Col. 2, lines 2-6).
Claim 58, as far as it is definite, is rejected under 35 U.S.C. 103 as being unpatentable over Jeffs (GB 2531030) in view of Downs et. al. (US 20030116284).
Jeffs teaches: the limitations of claim 46 but fails to teach further comprising a removable housing configured to be removably mountable to the support plate over at least said carrier shaft and said rollers.
Downs et. al. teaches: a removable housing configured to be removably mountable to the support plate over at least said carrier shaft and said rollers (removable housing 150 [Fig. 6-7] configured to mount to a plate 100 [Fig. 5]).
It would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to combine the tape wrapping device of Jeffs with the housing cover of Downs et. al. in order to sufficiently protect and lock the stretchable tape onto the carrier shaft and provide a device that is efficient and safe (Downs et. al. – Para. 23, lines 4-7).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Lam (US 20160236894) teaches: a manually operated taping device applying tension and pressure to tape at application (Abstract and Figs. 2a-b).
Chen et. al. (US 20150210501) teaches: a handheld tape dispenser including a protective cover and linkage unit (abstract and Fig. 4)
Lenkl (US 20070131814) teaches: an apparatus for maintaining tension in a material being dispensed from the apparatus with a carrier shaft, take-up shaft, and rollers (abstract and Fig. 1)
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOSHUA DENNIS LEARY whose telephone number is (571)272-1685. The examiner can normally be reached Monday-Friday 8:30am - 5:00pm.
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/JOSHUA D LEARY/Examiner, Art Unit 3753
/MICHAEL R REID/Primary Examiner, Art Unit 3753
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