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 .
Claim Objections
Claims 2 is objected to under 37 CFR 1.75 as being a substantial duplicate of claim 1. When two claims in an application are duplicates or else are so close in content that they both cover the same thing, despite a slight difference in wording, it is proper after allowing one claim to object to the other as being a substantial duplicate of the allowed claim. See MPEP § 608.01(m).
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.
Claims 1-4, 16-17 are rejected under 35 U.S.C. 102(a1) as being anticipated by Turner (US 4,660,913).
The recitation that “implantable” has not been given patentable weight because it has been held that a preamble is denied the effect of a limitation where the claim is drawn to a structure and the portion of the claim following the preamble is a self-contained description of the structure not depending for completeness upon the introductory clause. Kropa v. Robie, 88 USPQ 478 (CCPA 1951).
Regarding claims 1-2, Turner discloses an electrical plug connector with two plug connector parts (20, 22) which can be joined together to make electrical contact, one of which is connected to a first line (24) and the other of which is connected to a second line (26), wherein each plug connector part has at least one or at least two contact pole parts each in the form of a contact pin (84, 86, 88) or a contact socket (120, 122, 124), which can be plugged together respectively with contact pole parts of the other plug connector part for making contact, characterized in that the longitudinal axes of the contact pole parts extend at an angle of at least 30 degrees to a longitudinal axis of the first and/or second plug connector part (see Fig. 3).
Regarding claims 3 and 16, Turner discloses at least two contact pole parts are provided next to one another on each of the plug connector parts, which have longitudinal axes parallel to one another (see Fig. 7).
Regarding claims 4 and 17, Turner discloses at least one of the contact pole parts has a plurality of concentric contacts which are electrically insulated from one another (insulated from one another by wall 110).
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.
Claims 5-6 and 18-19 are rejected under 35 U.S.C. 103 as being unpatentable over Turner (US 4,660,913).
Regarding claims 6 and 19, Turner substantially disclosed the claimed invention except the shape of the contact pin or contact socket is an annular shape.
It would have been obvious matter of design choice to change the Turner’s contact pin/socket to the annular shaped, since such a modification would have involved a mere change in the shape of a component. A change in shape is generally recognized as being within the level of ordinary skill in the art.
Regarding claims 5 and 18, Turner substantially disclosed the claimed invention except the arrangement of the at least two of concentric contacts respectively are offset relative to one another in a longitudinal direction of the respective contact pole part.
It would have been obvious to one having ordinary skill in the art at the time the invention was made to rearrange the contacts are offset arrangment, since it has been held that rearranging parts of an invention involves only routine skill in the art. In re Japikse, 86 USPQ 70.
Allowable Subject Matter
Claims 7-15 and 20 are 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
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TRUC T NGUYEN whose telephone number is (571)272-2011. The examiner can normally be reached monday-friday (7-4).
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Christopher M. Koehler can be reached at 5712723560. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/TRUC T NGUYEN/Primary Examiner, Art Unit 2834
