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 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.
Claim(s) 1-6, 10-12, 20-21 is/are rejected under 35 U.S.C. 103 as being unpatentable over Sekino et al. (Pub. No. US 2018/0141505) in view of Sheikholeslami et al. (Pub. No. US 2004/0112625).
As to claim 1, Sekino discloses a supporting member (fig. 1) comprising:
an elastic member 132 (fig. 5) made from a plate-shaped material, having a first surface and extending in a first direction; and
a plurality of block members 131 arranged along the first direction on the first surface of the elastic member, and each having a surface intersecting with the first direction, wherein
the supporting member is deformable (¶0006), from a first shape in which the surfaces of the plurality of block members are in contact with each other (figs. 4, 6), into a second shape in which the surfaces of the plurality of block members are separated from each other and the supporting member is curved in a direction so that the first surface of the elastic member is at an outer side (fig. 5),
the plurality of block members comprise a first block member and a second block member adjacent to the first block member (fig. 5),
the first block member comprises an extension portion 1311a, 1311b extending to a position overlapping with the second block member (fig. 5), and
the extension portion of the first block member has an abutment region that is in contact with the second block member (fig. 5), when a distance between the first block member and the second block member has reached a predetermined size in the second shape of the supporting member, to limit the distance (¶0047-0048).
However, Sekino does not disclose that the elastic member is made from a plate-shaped metal.
Sheikholeslami discloses an elastic member 12 made from stainless steel (¶0062).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have the elastic member of Sekino be made from a plate-shaped metal as similarly taught by Sheikholeslami since it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. In re Leshin, 125 USPQ 416.
As to claim 2, Sekino discloses that the extension portion is made from a same material as a material of other part, than the extension portion, of the first block member, and is formed integrally with the other part of the first block member (figs. 2, 4).
As to claim 3, Sekino discloses that the second block member has a recessed portion 1311C (fig. 2), and the extension portion of the first block member is configured to enter into the recessed portion of the second block member (fig. 5).
As to claim 4, Sekino discloses that the second block member comprises an extension portion extending to a position overlapping with other block member, among the plurality of block members, adjacent to the second block member (fig. 5).
As to claim 5, Sekino disclsoes that the first block member and the second block member have a same shape and a same size from each other (fig. 5).
As to claim 6, Sekino discloses that the plurality of block members are mounted on the elastic member in a same direction and at a same interval (figs. 4-5).
As to claim 10, Sekino does not disclose that the elastic member is a plate-shaped member containing SUS301 or SUS304 and having a thickness of 0.1 mm or more.
Sheikholeslami elastic member is a plate-shaped member containing SUS301 or SUS304 (¶0062) and having a thickness of 0.1 mm or more (¶0062).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have the elastic member of Sekino have a thickness of 0.1 mm or more as similarly taught by Shiekholeslami, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or working ranges involves only routine skill in the art. In re Aller, 105 USPQ 233. It is well known to adjust the thickness of a material in order to adjust the flexibility of the elastic member.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have the plate shaped member of Sekino contain SUS301 or SUS304 as similarly taught by Sheikholeslami since it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. In re Leshin, 125 USPQ 416.
As to claim 11, Sekino discloses that the elastic member comprises a leaf spring (fig. 5).
As to claim 12, Sekino does not explicitly disclose that the elastic member is a plate-shaped member that breaks when the elastic member is bent to have a radius of curvature of 5 mm or less.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have the elastic member of Sekino be a plate-shaped member that breaks when the elastic member is bent to have a radius of curvature of 5 mm or less, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or working ranges involves only routine skill in the art. In re Aller, 105 USPQ 233. It is well known to adjust the thickness of a material or choose a specific material in order to adjust the flexibility of the elastic member.
As to claim 20, Sekino discloses a supporting member (fig. 1) comprising:
an elastic member 132 (fig. 5) made from a plate-shaped material, having a first surface and extending in a first direction; and
a plurality of block members 131 arranged along the first direction on the first surface of the elastic member, and each having a surface intersecting with the first direction, wherein
the supporting member is deformable, from a first shape (figs. 4, 6) in which the surfaces of the plurality of block members are in contact with each other, into a second shape (fig. 5) in which the surfaces of the plurality of block members are separated from each other and the supporting member is curved in a direction so that the first surface of the elastic member is at an outer side,
the plurality of block members comprise a first block member and a second block member adjacent to the first block member (fig. 5),
the first block member has a recessed portion 1311C (fig. 2), and the recessed portion has a side wall (fig. 2) surface extending in a direction intersecting with the first surface of the elastic member,
the second block member has a protruded portion 1311D (fig. 2) that is inserted into the recessed portion of the first block member, and the protruded portion has a side wall surface extending in a direction intersecting with the first surface of the elastic member (fig. 2),
the protruded portion of the second block member is inserted into the recessed portion of the first block member so that the side wall surface of the recessed portion of the first block member and the side wall surface of the protruded portion of the second block member face each other (figs. 2-6), and
the insertion of the protruded portion of the second block member into the recessed portion of the first block member is maintained both when the supporting member is in the first shape and when the supporting member is in the second shape (figs. 4-6).
However, Sekino does not disclose that the elastic member is made from a plate-shaped metal.
Sheikholeslami discloses an elastic member 12 made from stainless steel (¶0062).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have the elastic member of Sekino be made from a plate-shaped metal as similarly taught by Sheikholeslami since it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. In re Leshin, 125 USPQ 416.
As to claim 21, Sekino discloses that the side wall surface of the recessed portion of the first block member extends in a direction perpendicular to the first surface of the elastic member and intersecting with the surface of the first block member, the side wall surface of the protruded portion of the second block member extends in a direction perpendicular to the first surface of the elastic member and intersecting with the surface of the second block member, and the side wall surface of the recessed portion of the first block member and the side wall surface of the protruded portion of the second block member are provided substantially parallel to each other (fig. 2, see 1311C, 1311B; fig. 4 shows a top view; figs. 5-6 show how they fit went the elastic member is bent and when it is straight).
Allowable Subject Matter
Claims 18-19 are allowed.
The following is a statement of reasons for the indication of allowable subject matter:
Regarding independent claim 18, the prior art or record, taken alone or in combination, fails to teach or fairly suggest, in combining with other limitations within the claim, a combination of limitations disclosing the supporting member further comprises a coupling portion that couples the first block member and the second block member, and that limits a distance between the first block member and the second block member from becoming larger than a predetermined length when the supporting member is in the second shape, the coupling portion does not generate tension due to surplus length of the coupling portion when the supporting member is in the first shape, and the coupling portion is a flexible member that is a tape, a string or a fibrous member and that, when the distance between the first block member and the second block member has reached the predetermined length in the second shape of the supporting member, has no surplus length to generate tension. None of the reference art of record discloses or renders obvious such a combination.
Claims 7-9, 13-17 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.
Regarding dependent claim 7, the prior art of record, taken alone or in combination, fails to teach or fairly suggest, in combining with other limitations within the claim and limitation recited in claim 1, a combination of limitations that discloses that the elastic member includes: first regions, each of which is fixed to the bottom surface of either one of the first block member or the second block member so that deformation of each of the first regions is restricted; and second regions each of which is in contact with the bottom surface of either one of the first block member or the second block member in the first shape and is separated from the bottom surface of the one of the first block member or the second block member in the second shape. None of the reference art of record discloses or renders obvious such a combination.
Regarding dependent claim 8, the prior art of record, taken alone or in combination, fails to teach or fairly suggest, in combining with other limitations within the claim and limitation recited in claim 1, a combination of limitations that discloses wherein each of the plurality of block members has an opposite side supporting portion provided at a side of a second surface, opposite to the first surface, of the elastic member and sandwiching the elastic member together with a bottom surface of the each of the plurality of block members facing the first surface of the elastic member, and a surface of the opposite side supporting portion facing the second surface of the elastic member includes: an opposite side supporting portion first region that is in contact with the second surface of the elastic member; and an opposite side supporting portion second region that is separated from the second surface of the elastic member, the opposite side supporting portion first region and the opposite side supporting portion second region being provided along the first direction. None of the reference art of record discloses or renders obvious such a combination.
Regarding dependent claim 13, the prior art of record, taken alone or in combination, fails to teach or fairly suggest, in combining with other limitations within the claim and limitation recited in claim 1, a combination of limitations that discloses a conduit; and a conduit bag into which the supporting member and the conduit are inserted. None of the reference art of record discloses or renders obvious such a combination.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to AMOL H PATEL whose telephone number is (571)270-7833. The examiner can normally be reached 9:30AM-6:00PM.
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/AMOL H PATEL/ Examiner, Art Unit 2847
/TIMOTHY J THOMPSON/ Supervisory Patent Examiner, Art Unit 2847
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