DETAILED ACTION
Election/Restriction
Restriction to one of the following inventions is required under 35 U.S.C. 121:
I. Claims 1-9, drawn to an apparatus, classified in B31F 7/008.
II. Claims 10-14, drawn to a process, classified in B31F 7/002.
The inventions are independent or distinct, each from the other because:
Inventions I and II are related as process and apparatus for its practice. The inventions are distinct if it can be shown that either: (1) the process as claimed can be practiced by another and materially different apparatus or by hand, or (2) the apparatus as claimed can be used to practice another and materially different process. (MPEP § 806.05(e)). In this case the apparatus as claimed can be used to practice another and materially different process such as a roll of some material other than strapping such as paper.
Restriction for examination purposes as indicated is proper because all the inventions listed in this action are independent or distinct for the reasons given above and there would be a serious search and/or examination burden if restriction were not required because one or more of the following reasons apply:
(a) the inventions have acquired a separate status in the art in view of their different classification;
(b) the inventions have acquired a separate status in the art due to their recognized divergent subject matter;
(c) the inventions require a different field of search (for example, searching different classes/subclasses or electronic resources, or employing different search queries);
Applicant is advised that the reply to this requirement to be complete must include (i) an election of an invention to be examined even though the requirement may be traversed (37 CFR 1.143) and (ii) identification of the claims encompassing the elected invention.
The election of an invention may be made with or without traverse. To reserve a right to petition, the election must be made with traverse. If the reply does not distinctly and specifically point out supposed errors in the restriction requirement, the election shall be treated as an election without traverse. Traversal must be presented at the time of election in order to be considered timely. Failure to timely traverse the requirement will result in the loss of right to petition under 37 CFR 1.144. If claims are added after the election, applicant must indicate which of these claims are readable upon the elected invention.
Should applicant traverse on the ground that the inventions are not patentably distinct, applicant should submit evidence or identify such evidence now of record showing the inventions to be obvious variants or clearly admit on the record that this is the case. In either instance, if the examiner finds one of the inventions unpatentable over the prior art, the evidence or admission may be used in a rejection under 35 U.S.C. 103 or pre-AIA 35 U.S.C. 103(a) of the other invention.
During a telephone conversation with Nicholas Peters; Fitch, Even, Tabin & Flannery, LLP on December 16, 2025 a provisional election was made without traverse to prosecute the invention of Group I, claims 1-9. Affirmation of this election must be made by applicant in replying to this Office action. Claims 10-14 withdrawn from further consideration by the examiner, 37 CFR 1.142(b), as being drawn to a non-elected invention.
Applicant is reminded that upon the cancelation of claims to a non-elected invention, the inventorship must be corrected in compliance with 37 CFR 1.48(a) if one or more of the currently named inventors is no longer an inventor of at least one claim remaining in the application. A request to correct inventorship under 37 CFR 1.48(a) must be accompanied by an application data sheet in accordance with 37 CFR 1.76 that identifies each inventor by his or her legal name and by the processing fee required under 37 CFR 1.17(i).
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they do not include the following reference sign(s) mentioned in the description: 115 referring to a post on p. 5 paragraph [0020] and 200 referring to an additional embodiment of the core corrector on pp. 6-7 paragraphs [0023] and [0024]. 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. 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
This application includes one or more claim limitations that use the word “means” or “step” but are nonetheless not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph because the claim limitation(s) recite(s) sufficient structure, materials, or acts to entirely perform the recited function. Such claim limitation(s) is/are: "a linear expansion means" in claim 1 - last paragraph, first line.
Because this/these claim limitation(s) is/are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are not being interpreted to cover only the corresponding structure, material, or acts described in the specification as performing the claimed function, and equivalents thereof.
If applicant intends to have this/these limitation(s) 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(s) to remove the structure, materials, or acts that performs the claimed function; or (2) present a sufficient showing that the claim limitation(s) does/do not recite sufficient structure, materials, or acts to perform the claimed function.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 1-5 and 7-9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Liu (CN114310703A) with machine translation in view of Li (CN116045095A) with machine translation and further in view of Fang (CN110616732A) with machine translation. Evidence provided for claims 3 and 4 from Cambridge Dictionary https://dictionary.cambridge.org/dictionary/english/wing-nut and from Essentra Components https://www.essentracomponents.com/en-gb/news/solutions/access-hardware/a-guide-to-threaded-knobs
Regarding Claim 1, Liu discloses tool structure for clamping a round paper core while maintaining the roundness of the paper core and thus preventing deformation (paragraphs [n0002], [n0003]) comprising:
a first arcuate side including a first flange coupled substantially perpendicularly to a first collar;
a second arcuate side including a second flange coupled substantially perpendicularly to a second collar (Figs 1, 4 paragraphs [0036] [n0019] limiting plate – 30 and support ring – 20 circular limiting groove – 34 defining flange with two symmetrical support semi-rings – 21 with each support semi-ring – 21 composed of an L-shaped connecting plate – 211 and semi -ring – 212); See Fig 1 below:
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However, Liu does not disclose a slide coupled to an end of the first arcuate side and an end of the second arcuate side.
Li teaches in a joint sealing device (abs) that a sealing ring comprises an inner ring concentrically fixed on the inner ring surface of the sealing ring and a widening ring concentrically fixed on the inner ring surface of the inner ring (Fig. 9 paragraph [n0016] sealing ring – 1 inner ring – 11 widening ring – 12). Li further teaches at least one slide coupled to an end of the first arcuate side and an end of the second arcuate side (Figs. 2, 6 paragraphs [0055] a pair of concentrically fixed annular slide rails – 3 are fitted on the outer ring surface of the sealing ring – 1), wherein the at least one slide is movably coupled to one or both of the first arcuate side and the second arcuate side (Figs 1, 2 paragraphs [0010] [0055] each annular slide rail – 3 has a slidably connected annular rotating ring – 31 engaged on its outer ring surface,) wherein the first arcuate side couples to the second arcuate side via the at least one slide in a manner in which the first flange and the second flange are approximately parallel and the first collar and the second collar are approximately parallel in about a same plane (Figs 3, 9 paragraphs [n0016] [0055] where an inner ring – 11and a widening ring – 12 are concentrically fixed with the concentrically fixed annular slide rails – 3 fitted on the outer ring surface of the sealing ring – 1). See Fig. 2 below:
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It would have been obvious to one with ordinary skill in the art before the effective filing date of the invention to have modified the disclosure of Liu with the teachings of Li whereby a strapping core corrector comprising first and second flanges coupled substantially perpendicularly to a first and second collar, respectively, as disclosed in Liu would further include that at least one slide is coupled to an end of a first and second arcuate side, respectively, such that the at least one side is movably coupled to one or both of the first and second arcuate sides and in a manner whereby the first and second flanges and the first and second collars are approximately parallel in about a same plane.
One with ordinary skill in this art would be motivated to provide this feature of at least one slide movably coupled to or both of the first arcuate and second arcuate sides because the coupled slides seal and fit the arcuate sides on their surfaces in a compact structure and enhance the stability of the connection of the arcuate sides (paragraphs [0035] [n0024]).
However, neither Liu or Li disclose a linear expansion means to operatively couple the first and second arcuate sides.
Fang discloses a linear expansion means (operatively coupled to the first arcuate side and the second arcuate side (abs, paragraph [0005] anchor cages for foundation of wind turbines with longitudinal supporting rods with inner tensioning components), wherein the linear expansion means (Figs. 1, 2 abs. paragraphs [0056] [0064] inner tensioning component – 40 with diagonal support rods – 41 supported between the upper anchor plate – 10 and the lower anchor plate – 20; each inclined support rod – 41 is a length-adjustable structure) is configured to apply a force to the first arcuate side and to the second arcuate side to bias the first arcuate side away from the second arcuate side (Figs. 2 4 paragraphs [0064] [0065] [each inclined support rod – 41 connected at both ends to the upper anchor plate – 10 and the lower anchor plate – 20, respectively so as to apply a pushing force to the upper and the lower anchor plate of the anchor cage; first support rod – 4131 second support rod – 4132 opposite to each other and spaced apart with length adjustment connected between the two). See Fig. 2 below:
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It would have been obvious to one with ordinary skill in the art before the effective filing date of the invention to have modified the combination of Liu/Li with the disclosure of Fang whereby a strapping core with a first and second arcuate side with a slide coupled to an end of each first and second arcuate side would have included a linear expansion means operative coupled to the first acuate side and the second arcuate side with this linear expansion means such that a force is applied to the first and second arcuate sides to bias the first arcuate side away from the second arcuate side.
The skilled artisan would consider this an important and advantageous feature because this linear expansion means initially fixes the internal structure of the core (anchor cage) and prevents it from deforming (paragraph [0059]).
Regarding Claim 2, the combination of Liu, Li and Fang disclose all the limitations of claim 1 and Fang further discloses a quick expansion member configured to temporarily disengage a shaft of the linear expansion means to allow manual movement of the first arcuate side away from the second arcuate side (paragraph [0010] inner tensioning component with two symmetrically arranged diagonal support rods detachably connected between the upper and lower anchor plates)
Regarding Claim 3, the combination of Liu, Li and Fang disclose all the limitations of claim 2 and Fang further discloses the quick expansion member comprises a wing nut and a pin including threads disposed on one side of the pin (Figs. 2, 4 paragraph [0066] length adjustment threaded rod – 4202 with first adjusting nut – 4201 and a second adjusting nut – 4203 screwed onto the threaded rod – 4202).
However, the adjusting nut is not described as a “wing nut” in Fang. But it would have been obvious to one of ordinary skill in the art at the time the invention was made to use a wing nut as the adjustment nut since it has been held that a mere change in shape of an element is generally recognized as being within the level of ordinary skill in art when the change in shape is not significant to the function of the combination. Further, one would have been motivated to select the shape of a wing nut for the purpose of being able to hold the nut with one fingers while tightening it. Cambridge Dictionary definition/wing nut: https://dictionary.cambridge.org/dictionary/english/wing-nut
Regarding Claim 4, the combination of Liu, Li and Fang disclose all the limitations of claim 2 and Fang further discloses the quick expansion member comprises a threaded knob and a pin including threads disposed on one side of the pin (Figs. 2, 4 paragraph [0066] length adjustment threaded rod – 4202 with first adjusting nut – 4201 and a second adjusting nut – 4203 screwed onto the threaded rod – 4202).
However, the adjusting nut is not described as a “threaded knob” in Fang. But it would have been obvious to one of ordinary skill in the art at the time the invention was made to use a threaded knob as the adjustment nut since it has been held that a mere change in shape of an element is generally recognized as being within the level of ordinary skill in art when the change in shape is not significant to the function of the combination. Further, one would have been motivated to select the shape of a threaded knob for the purpose of easily attaching or detach a threaded bolt, rod or other similar fixture. Essentra Components/Knowledge Centre: https://www.essentracomponents.com/en-gb/news/solutions/access-hardware/a-guide-to-threaded-knobs.
Regarding Claim 5, the combination of Liu, Li and Fang disclose all the limitations of claim 1 and Fang further discloses in at least one embodiment that the linear expansion means comprises at least one threaded shaft having a first threaded shaft end rotatably connected to one of the first arcuate side or the second arcuate side and a second threaded shaft end connected (Fig. 3 paragraph [0081] first longitudinal rod – 511 and a second longitudinal rod – 512 respectively connected to the upper anchor plate – 10 and the lower anchor plate – 20 to a spline such that rotation of the spline in a first direction biases the first arcuate side away from the second arcuate side (Fig. 3 paragraph [0081] upper threaded rod – 5113, lower threaded rod – 5111 and treaded bracket – 5116 threadedly connected to the upper threaded rod – 5113 and the lower threaded rod – 5111 the threads on the upper and lower threaded rods have opposite directions of rotation which by rotating the threaded bracket – 5116 the lengths of the upper threaded rod – 5113 and the lower threaded rod – 5111 extending into the threaded bracket – 5116 which adjusts the length of the longitudinal support rod – 51) .
Regarding Claim 7, the combination of Liu, Li and Fang disclose all the limitations of claim 1 and Li further discloses that the at least one slide is fixedly coupled to one of the first arcuate side or the second arcuate side (Figs. 2, 6 paragraphs [0055] a pair of concentrically fixed annular slide rails – 3 are fitted on the outer ring surface of the sealing ring – 1.
Regarding Claim 8, the combination of Liu, Li and Fang disclose all the limitations of claim 7 and Li further discloses that the at least one slide is slidably coupled to another of the one of the first arcuate side or the second arcuate side. (Figs 1, 2 paragraphs [0010] [0055] each annular slide rail – 3 has a slidably connected annular rotating ring – 31 engaged on its outer ring surface,).
Regarding Claim 9, the combination of Liu, Li and Fang disclose all the limitations of claim 1 and Liu further disclose that the first arcuate side and the second arcuate side are connected to be substantially circular (Fig. 1 circular limiting groove – 34 defining flange with two symmetrical support semi-rings – 21 with each support semi-ring – 21 composed of an L-shaped connecting plate – 211 and semi -ring – 2120. See Fig. 1 above.
Claim(s) 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over the combination of Liu (CN114310703A) with machine translation, Li (CN116045095A) with machine translation and Fang (CN110616732A) with machine translation as applied to claim 1 above, and further in view of Son (KR20040063186A) with machine translation.
Regarding Claim 6, the combination of Liu, Li and Fang disclose all the limitations of claim 1 but does not disclose that the linear expansion means comprises a rack and pinion.
Son discloses a height-adjustable desk which is which has a handle which is rotated whereby pinion gears are rotated to move a rack (Fig. 3, 4 abs, paragraph [16] pinions – 25, rack – 26 movable leg part – 22).
It would have been obvious to one with ordinary skill in the art before the effective filing date of the invention to have modified the combination of Liu, Li and Fang with Son whereby a strapping core corrector with a linear expansion means configured to apply a force to the first and second arcuate side to bias the first arcuate side away from the second arcuate side, as disclosed by Liu/Li/Fang would further include the rack and pinion means of Son.
One with ordinary skill in this field would consider this an advantageous feature because a rack and pinion would provide a finer adjustment to an optimal length of the linear expansion means simply by turning a handle (paragraph [13]).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to WAYNE K. SWIER whose telephone number is (571)272-4598. The examiner can normally be reached M-F generally 8:30 am - 5:30 pm PST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Abbas Rashid can be reached at 571-270-7457. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/WAYNE K. SWIER/ Examiner, Art Unit 1748
/Abbas Rashid/ Supervisory Patent Examiner, Art Unit 1748