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 .
Response to Arguments
Applicant’s arguments with respect to claim(s) 1 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
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 – 5 & 7 – 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Eshima et al. (US 20200262364 A1, “Eshima”) in view of Takahashi (US 20180019041 A1, “Takahashi”).
Regarding claim 1, Eshima discloses (Fig. 1) a wiring harness ("the wire harness 1 is configured to include one pair of first insulated electric wires 2 and one pair of second insulated electric wires 3, a sheath 4, which is covering a part in a longitudinal direction of the first two and the second two insulated electric wires 2 and 3, a molded member 5, which is configured as a branching portion fixing member" [0026]), comprising: a first cable (2) and a second cable (3); a one-side connector (4) arranged on one end of the first cable; and a cover member (5) covering at least a portion of each of the first and second cables together with a portion of the one-side connector (See para [0030] – [0033]),
Eshima does not explicitly disclose the cover member being integrally formed of an elastic material.
Takahashi teaches a cover member covering at least a portion of each of the first and second cables together with a portion of the one-side connector, the cover member being integrally formed of an elastic material ("A grommet according to an aspect of the present invention is in a substantially cylindrical shape and has elasticity" [0011]; "The grommet 40 is integrally formed by a wire surrounding portion 41 surrounding the insulated wires 12 and 13 with the corrugated tube 5 interposed therebetween, the branch portion 42 which branches upward from a portion close to a front end of the wire surrounding portion 41 and through which the insulated wire 13 is inserted, an accordion portion 43 surrounding portions near connected portions of the harness-side connector 11 and the insulated wires 12, and a connector surrounding portion 44 surrounding the harness-side connector 11 with the grommet-side trunk portion 33 of the connector shell 30 interposed therebetween." [0122]). Takahashi's single elastic grommet 40 covers the first wires 12, the branched wire 13, and the connector 11.
It would have been obvious to one of ordinary skill in the art before the effective filing date to form Eshima's elastic covering parts as a single integral elastic cover member that covers both cables and a portion of the connector, as taught by Takahashi. Eshima identifies the joints between its separate parts as water paths that must be clamped shut ("by tightening and fixing the two protective tubes 9 to the molded member 5, water is prevented from ingress into the two protective tubes 9 from the gaps between the two protective tubes 9 and the molded member 5" [0054]). One integral cover removes those gaps and the parts that close them. Eshima's parts are already the same EPDM, and making separate parts integral is obvious where the integral form is known and yields predictable results.
Regarding claim 2, Eshima in view of Takahashi discloses the wiring harness, according to claim 1, wherein the cover member has a first cylindrical portion (53) covering a portion of the first cable (2), a second cylindrical portion (52+54) covering at least a portion of the second cable (3), and a connector cover portion covering a portion of the one-side connector, and wherein a length of the second cylindrical portion (52+54) from the connector cover portion is longer than a length of the first cylindrical portion (53) from the connector cover portion.
Regarding claim 3, Eshima in view of Takahashi discloses the wiring harness, according to claim 2, wherein a tip of the first cylindrical portion is tightened by a first clamping member (8A, 8C) and a tip of the second cylindrical portion is tightened by a second clamping member (8B, 8D).
Regarding claim 4, Eshima in view of Takahashi discloses the wiring harness, according to claim 3, wherein the connector cover portion is tightened by a third clamping member (7) toward a connector housing of the one-side connector (4).
Regarding claim 5, Eshima in view of Takahashi discloses the wiring harness, according to any one of claims 2, further comprising: an other-side (232) connector arranged at an other end of the first cable (2), wherein an object to be attached to the one-side connector is a wheel-side control device (See para [0029]) located on a wheel side of a vehicle (See para [0027]), wherein an object to be attached to the other-side connector is a vehicle body-side control device located on a body side of the vehicle, and wherein the second cable is connected to a wheel speed sensor that detects a rotation speed of a vehicle wheel (See para [0027]).
Regarding claim 7, Eshima in view of Takahashi discloses the wiring harness, according to claim 5, wherein at least a portion of the second cylindrical portion has a bellows structure (See para [0033] – [0034], [0042]).
Regarding claim 8, Eshima in view of Takahashi discloses the wiring harness according to claim 2, wherein Eshima further disclose the cover member is made of a rubber having elasticity, water resistance, weather resistance, and durability (See para [0033] and [0042]).
Regarding claim 9, Eshima in view of Takahashi discloses the wiring harness according to claim 8, wherein the first cylindrical portion, the second cylindrical portion, and the connector cover portion are made of the same material (Eshima teaches that its covering parts are one material ("The molded member 5 is made of a rubber-like elastic body such as an EPDM" [0033]; "the two protective tubes 9 made of the EPDM satisfying those properties are used." [0042]). Takahashi teaches wherein the first cylindrical portion, the second cylindrical portion, and the connector cover portion are made of the same material ("The grommet 40 is integrally formed by a wire surrounding portion 41 ... the branch portion 42 ... and a connector surrounding portion 44" [0122]; "the elastic grommet 40 which is made of synthetic resin" [0106]). One integrally formed cover of Eshima's single EPDM has all its portions of the same material.)
Regarding claim 10, Eshima in view of Takahashi discloses the wiring harness according to claim 2, wherein the second cylindrical portion has an inner diameter and an outer diameter that are smaller than an inner diameter and an outer diameter of the first cylindrical portion, respectively (Eshima discloses ("the second guiding out portion 54 is formed in a circular cylindrical shape smaller in diameter than the first guiding out portion 53." [0034]). Eshima sizes portion 54 for the thinner second wires ("Note that the one pair of first insulated electric wires 2 are formed thicker than the one pair of first insulated electric wires 3." [0028]).
However, Eshima fails to disclose the inner-diameter part of that limitation, because its guiding-out portions carry individual insertion passages rather than one bore ([0034]). It would have been obvious, when forming the cover as the hollow integral member of Takahashi, to give the second cylindrical portion a smaller bore as well as a smaller outside. The second portion carries the thinner cable, and a bore sized to its cable keeps the cover in contact with that cable, consistent with Eshima's own sizing of the smaller portion 54 to the thinner wires 3.)
Claim(s) 6 and 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Eshima et al. (US 20200262364 A1, “Eshima”) in view of Takahashi (US 20180019041 A1, “Takahashi”) as applied to claim 1 above, and further in view of Maeda (US 20210070239 A1, “Maeda”).
Regarding claim 6, Eshima in view of Takahashi discloses the wiring harness, according to claim 5,
Eshima is silent on wherein the second cylindrical portion is curved in such a manner that a tip of the second cylindrical portion faces the wheel speed sensor in a natural state of the cover member.
However, Eshima discloses (para [0033], [0042] that the molded member 5 and the protective tube 9 are made of elastic materials such as rubber, silicon).
Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified Eshima and provide wherein the second cylindrical portion is curved in such a manner that a tip of the second cylindrical portion faces the wheel speed sensor in a natural state of the cover member. Which is basically a design choice.
Also, Maeda teaches a molded harness member that directs a branch toward the wheel speed sensor in its as-molded state ("The lead-out direction of the third cable 4 from the molded resin member 6 is a direction toward the wheel speed sensor 93." [0030]; "since the first to third cables 2 to 4 are led out of the molded resin member 6 in different directions from each other toward the electric parking brake device 91, the active damper device 92 and the wheel speed sensor 93 which are the respective connection target objects, it is possible to improve routing properties of the first to third cables 2 to 4 as compared to, e.g., when each cable is led out in the same direction." [0045]). Takahashi shows an integral elastic cover whose branch is molded at an angle in its free state ("the branch portion 42 of the grommet 40 is in a substantially circular cylindrical shape extending forward and diagonally upward" [0149]).
It would have been obvious to mold the second cylindrical portion of the modified Eshima cover with a curve whose tip faces the wheel speed sensor, as Maeda points each lead-out toward its target. The motivation is the improved routing Maeda identifies in [0045].
Regarding claim 11, Eshima in view of Takahashi and Maeda discloses the wiring harness according to claim 6, wherein the curvature of the second cylindrical portion prevents a part of the second cylindrical portion from being bent and compressing the second cable when the wiring harness is assembled to a vehicle (This clause states the result of the pre-curved shape of claim 6, not an added structure. A second cylindrical portion molded to face the sensor needs no forced bend at assembly and so does not kink onto the cable (MPEP 2112.01(I)). Eshima also teaches that its elastic cover protects the wires as they bend ("Since the EPDM is a relatively soft material and so is able to be bent while following the bending of the first two and the second two insulated electric wires 2 and 3, the EPDM is able to suppress the occurrence of a damage to the first two and the second two insulated electric wires 2 and 3." [0033]).
Claim(s) 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Eshima et al. (US 20200262364 A1, “Eshima”) in view of Takahashi (US 20180019041 A1, “Takahashi”) as applied to claim 1 above, and further in view of YAMAMOTO et al. (US 20230211743 A1, “YAMAMOTO”)
Regarding claim 12, Eshima in view of Takahashi discloses the wiring harness according to claim 7, and Eshima teaches wherein the first cylindrical portion does not have the bellows structure ("The first guiding out portion 53 constituting the molded member 5 is formed in a circular cylindrical shape smaller in diameter than the electric wire holding portion 52" [0034]).
Eshima in view of Takahashi is silent on wherein the bellows structure includes a plurality of concave portions and a plurality of convex portions that are different in outer diameter and are formed alternately,
However, Yamamoto discloses ("The elastic cylindrical portion 51 is formed in a bellows shape in which large-diameter portions 52 and small-diameter portions 53 are alternately provided in a continuous manner in the lengthwise direction. The large-diameter portions 52 are portions of the elastic cylindrical portion 51 with the largest diameter. The small-diameter portions 53 are portions of the elastic cylindrical portion 51 with the smallest diameter." [0042]). Large-diameter portions 52 are the convex portions and small-diameter portions 53 are the concave portions. It would have been obvious to keep Eshima's first cylindrical portion plain while forming the second as Yamamoto's alternating bellows. The first portion runs straight and does not need the added flexibility, and Yamamoto shows a plain holding cylinder and a bellows cylinder coexisting in one elastic cover for their different roles ([0045]).
Allowable Subject Matter
Claim 13 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SIDI MOHAMED MAIGA whose telephone number is (703)756-1870. The examiner can normally be reached Monday - Friday 8 am 5 pm.
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/SIDI M MAIGA/
Examiner, Art Unit 2847
/STEVEN T SAWYER/Primary Examiner, Art Unit 2847
