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 Species 1 (Figures 1-4 and 6-11; Claims 1-11 and 13-18) in the reply filed on 11/06/2025 is acknowledged.
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.
Claim(s) 1-8 and 15 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Lindberg et al. (US 10364077 B2; hereinafter Lindberg).
Regarding claims 1-4, 8, and 15, Lindberg discloses a protective wrapping, or sealant, for a cylindrical object (Examiner considers reel 120 to be a “workpiece”) the sealant comprising a skin (102) having a perimeter, an outer surface and an inner surface, the skin dimensioned to at least partly cover the workpiece (see Figures 1-4); a body comprising a tacky, non-hardening, elastomeric polymer (Col 8 lines 3-26), the body engaging at least part of the inner surface of said skin (242); and closure means engaging at least a first portion of the perimeter for releasably engaging a second portion of the perimeter when said skin at least partly covers the workpiece (Col 5 lines 20-35). Examiner considers the plastic protective wrapping to be impervious to fluids.
Regarding claim 5, Lindberg discloses a protective wrapping wherein said closure means includes pressure sensitive adhesive (Col 5 lines 25-30).
Regarding claim 6, Lindberg discloses a protective wrapping wherein said closure means is continuous (Col 5 lines 15-20).
Regarding claim 7, Lindberg discloses a protective wrapping wherein said closure means is discontinuous (Col 5 lines 21-25).
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) 14, 16, and 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lindberg in view of Kaufman (US 4860893 A).
Regarding claims 14, 16, and 18, Lindberg discloses the claimed invention except for the closure being a snap or Velcro. Kaufman teaches a cover for a cylindrical workpiece wherein a closure means is hook and pile (i.e. Velcro) or snaps (Col 7 lines 52-65). It would have been obvious to one of ordinary skill in the art at the time of Applicant’s filing to modify Lindberg’s cover closure to alternatively employ Velcro or snaps as a known means of closure for cylindrical wraps, as taught by Kaufman.
Allowable Subject Matter
Claims 9-11, 13, and 17 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
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See PTO-892.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHRISTOPHER R DEMEREE whose telephone number is (571)270-1982. The examiner can normally be reached 9:00 am - 5:00 pm, Monday through Friday.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, NATHAN J NEWHOUSE can be reached at (571)272-4544. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/CHRISTOPHER R DEMEREE/Primary Examiner, Art Unit 3734