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 Group I, claims 1-12 in the reply filed on 07/02/26 is acknowledged. Claims 13-20 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 07/02/26.
Applicant was called on 07/16/2026 to re-restrict the groups. Claims 1-12 would be Group I the article and Claims 13-20 Group II the method. Applicant kept the election for the article claims and re-elected group I, claims 1-12. The Office appreciates the election over the phone.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 07/12/24 has been considered by the Examiner.
Claim Rejections - 35 USC § 102
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 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) 1-4 and 10-12 is/are rejected under 35 U.S.C. 102(a)(1) or (a)(2) as being anticipated by USPUB 20130073026A1 issued to Russo et al.
Regarding Claim 1, where Applicant seeks a multilayered tubular sleeve, comprising: a braided tubular inner wall extending about a central axis between an open first inner end portion and an opposite open second inner end portion; and
a braided tubular outer wall extending about the central axis between an open first outer end portion and an opposite open second outer end portion, said first inner end portion being bonded to said first outer end portion by a first bond joint, and said second inner end portion being bonded to said second outer end portion by a second bond joint, with said inner wall being substantially detached from said outer wall over a length extending between said first and second bond joints; Applicant is directed to the teachings of Russo et al., who disclose a multilayered tubular sleeve [110, figure 4].
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The sleeve comprises a braided tubular inner wall [seen in the center of Figure 4, reference 115 “I”] extending about a central axis between an open first inner end portion [126] and an opposite open second inner end portion [150]; and a braided tubular outer wall [115”o”] extending about the central axis between an open first outer end portion [125] and an opposite open second outer end portion [150], said first inner end portion being bonded to said first outer end portion by a first bond joint [185], and said second inner end portion being bonded to said second outer end portion by a second bond joint [185], with said inner wall being substantially detached from said outer wall over a length extending between said first and second bond joints.
Regarding Claim 2, where Applicant seeks that the multilayered tubular sleeve of claim 1, wherein at least one of said braided tubular inner wall and said braided tubular outer wall is braided with heat-settable yarns, said heat-settable yarns being heat-set to bias said at least one braided tubular inner wall and said braided tubular outer wall into a cylindrical tube; Applicant is directed to ¶¶ 0049-0050 and 0059, where the instant reference teaches a multilayered tubular sleeve, wherein at least one of said braided tubular inner wall and said braided tubular outer wall is braided with heat-settable yarns, said heat-settable yarns being heat-set to the bias said at least one braided tubular inner wall and said braided tubular outer wall into a cylindrical tube.
Regarding Claim 3, where Applicant seeks that the multilayered tubular sleeve of claim 2, wherein each of said braided tubular inner wall and said braided tubular outer wall is braided with heat-settable yarns, said heat-settable yarns being heat-set to bias said braided tubular inner wall and said braided tubular outer wall into a cylindrical tube; Applicant is directed to ¶¶ 0049-0050 of Russo et al. who teach a multilayered tubular sleeve, wherein each of said braided tubular inner wall and said braided tubular outer wall is braided with heat-settable yarns, said heat-settable yarns being heat-set to bias said braided tubular inner wall and said braided tubular outer wall into a cylindrical tube.
Regarding Claim 4, where Applicant seeks that the multilayered tubular sleeve of claim 3, wherein each of said braided tubular inner wall and said braided tubular outer wall is braided entirely with heat-settable yarns, said heat-settable yarns being heat-set to bias said braided tubular inner wall and said braided tubular outer wall into a cylindrical tube; Applicant is directed to ¶¶ 0049-0052, where Russo et al., teach a multilayered tubular sleeve, wherein each of said braided tubular inner wall and said braided tubular outer wall is braided entirely with heat-settable yarns, said heat-settable yarns being heat-set ta bias said braided tubular inner wall and said braided tubular outer wall into a cylindrical tube.
Regarding Claim 10, where Applicant seeks that the multilayered tubular sleeve of claim 1, further a braided tubular intermediate wall extending about a central axis between an open first intermediate end portion and an opposite open second intermediate end portion, with said tubular intermediate wall being substantially detached from said tubular inner and outer walls over a length extending between said first and second bond joints; Applicant is directed to figure 4 as shown above under the rationale set forth for Claim 1, a multilayered tubular sleeve, further a braided tubular intermediate wall [120] extending about a central axis between an open first intermediate end portion and an opposite open second intermediate end portion, with said tubular intermediate wall being substantially detached from said tubular inner and outer walls over a length extending between said first and second bond joints
Regarding Claim 11, where Applicant seeks a multilayered tubular sleeve, consisting of: a braided tubular inner wall extending about a central axis between an open first inner end portion and an opposite open second inner end portion; and
a braided tubular outer wall extending about the central axis between an open first outer end portion and an opposite open second outer end portion, said first inner end portion being bonded to said first outer end portion by a first bond joint, and said second inner end portion being bonded to said second outer end portion by a second bond joint, with said inner wall being substantially detached from said outer wall over a length extending between said first and second bond joints; Applicant is directed to rationale set forth for claim 1 above.
Regarding Claim 12, where Applicant seeks that the multilayered tubular sleeve of claim 11, wherein at least one of said braided tubular inner wall and said braided tubular outer wall is braided with heat-settable yarns, said heat-settable yarns being heat-set to bias said at least one braided tubular inner wall and said braided tubular outer wall into a cylindrical tube; Applicant is directed to ¶¶ 0049-0050 and 0059, where the instant reference teaches a multilayered tubular sleeve, wherein at least one of said braided tubular inner wall and said braided tubular outer wall is braided with heat-settable yarns, said heat-settable yarns being heat-set to the bias said at least one braided tubular inner wall and said braided tubular outer wall into a cylindrical tube.
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) 5-9 is/are rejected under 35 U.S.C. 103 as being unpatentable over USPUB 20130073026A1 issued to Russo et al.
Regarding Claim 5, where Applicant seeks that the multilayered tubular sleeve of claim 2, wherein said braided tubular inner wall and said braided tubular outer wall are braided including different colored yarns from one another; Russo et al., teaches what is set forth above for Claim 2 but does not specifically teach that the yarns are different colors from one another. A person having ordinary skill in the art before the effective filing date of the invention would have found it obvious to have used yarns of different colors in a braided multilayered tubular sleeve to visually distinguish layers or materials motivated by the reasoned expectation that it would help aid inspection and quality control, meet compliance or branding requirements, and sometimes to provide functional cues such as identifying special filaments or protective layers. The exact choice of colors and arrangement is often a combination of functional identification, safety compliance, and aesthetic design choice.
Regarding Claim 6, where Applicant seeks that the multilayered tubular sleeve of claim 1, wherein said first bond joint is a first heat-fused weld joint, and said second bond joint is a second heat-fused weld joint; Russo et al., teach heat fusing of the open ends 170 [see figures 9a and 9b] to form a heat-fused weld joint 165. As such, a person having ordinary skill in the art before the effective filing date of the invention would have taken these features into account when forming the first and second bond joints, as sough in Claims 6 and 8.
Regarding Claim 7, where Applicant seeks that the multilayered tubular sleeve of claim 6, wherein said braided tubular inner wall is entirely detached from said braided tubular outer wall over the entirety of the length extending between said first and second heat-fused weld joints; Russo et al., teach heat fusing of the open ends 170 [see figures 9a and 9b] to form a heat-fused weld joint 165. As such, a person having ordinary skill in the art before the effective filing date of the invention would have taken these features into account when forming the first and second bond joints, as sough in Claims 6 and 8. Additionally, Russo et al., already disclose that the braided tubular inner wall is entirely detached from the braided tubular outer wall [figure 4], as defined in claim 7.
Regarding Claim 8, where Applicant seeks that the multilayered tubular sleeve of claim 7, wherein said first and second heat-fused weld joints are circumferentially continuous; Russo et al., teach heat fusing of the open ends 170 [see figures 9a and 9b] to form a heat-fused weld joint 165. As such, a person having ordinary skill in the art before the effective filing date of the invention would have taken these features into account when forming the first and second bond joints, as sough in Claims 6 and 8. Additionally, Russo et al., already disclose that the braided tubular inner wall is entirely detached from the braided tubular outer wall [figure 4], as defined in claim 7.
Regarding Claim 9, where Applicant seeks that the multilayered tubular sleeve of claim 1, wherein at least one of said braided tubular inner wall and said braided tubular outer wall is braided with 100% recycled material yarns; Applicant is directed to the rationale set forth above for Claim 1 which Russo et al., teach, they do not disclose that the inner and outer walls are braided with 100$ recycled material yarns. A person having ordinary skill in the art before the effective filing date of the invention would have found it obvious to have done motivated to reduce the environmental impact, lower costs, maintain performance, meet compliance, and enhance brand image. The key is that the recycled yarns must meet the same mechanical, chemical, and safety requirements as virgin materials so that the braided structure still delivers the intended strength, flexibility, and durability.
Russo et al., teach heat fusing of the open ends 170 [see figures 9a and 9b] to form a heat-fused weld joint 165. As such, a person having ordinary skill in the art before the effective filing date of the invention would have taken these features into account when forming the first and second bond joints, as sough in Claims 6 and 8. Additionally, Russo et al., already disclose that the braided tubular inner wall is entirely detached from the braided tubular outer wall [figure 4], as defined in claim 7.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
JPH11311396A issued to Iida et al. Iida et al., disclose making heat insulating sleeve. The sleeve is a tubular braid formed by braiding inorganic fibers such as glass fibers and ceramic fibers.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Arti Singh-Pandey whose telephone number is (571)272-1483. The examiner can normally be reached Monday-Thursday 8:30-5:00 and 8:00-10:00.
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/Arti Singh-Pandey/
Primary Patent Examiner
Art Unit 1759
asp
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