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 .
Priority
Applicant’s claim for the benefit of a prior-filed U.S. Provisional Application No. 63/085,995 (filed on 09/30/2020) under 35 U.S.C. 119(e) is acknowledged.
This application discloses and claims only subject matter disclosed in prior Application No. 17/491,337 (filed on 09/30/2021), and names the inventor or at least one joint inventor named in the prior application. Accordingly, this application constitutes a continuation or divisional.
Information Disclosure Statement
The information disclosure statement filed on 10/29/2024 fails to comply with 37 CFR 1.98(a)(2), which requires a legible copy of each cited foreign patent document; each non-patent literature publication or that portion which caused it to be listed; and all other information or that portion which caused it to be listed. It has been placed in the application file, but the information referred to therein has not been considered. See MPEP § 609.05.
Examiner notes that the applicant has not submitted a legible copy of the cited foreign patent document EP1991486A1, as indicated in the annotated IDS attached to this office action.
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 signs that are mentioned in the description: 144 (in paragraph 0034), 146 (in paragraph 0033), 176 (in paragraphs 0043 and 0046), 184 (in paragraph 0037), and 186 (in paragraph 0036). 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.
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) because reference character “127” has been used to designate both the radial wall of the barrel portion (in paragraph 0032) and the inner surface on the inner wall of the barrel portion (in paragraphs 0040 and 0042). 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.
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) because reference character “167” has been used to designate both the curved wall of the barrel portion (in paragraph 0035) and the outer surface on the outer wall of the barrel portion (in paragraph 0041). 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.
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the reel-less bundle of cable and the cable (which are recited in claim 8), all must be shown or the features canceled from the claims. No new matter should be entered.
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. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. 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.
Specification
The disclosure is objected to because of the following informalities that requires appropriate corrections:
In paragraphs 0038, line 2-3, the phrase “the center opening 152 of the hub portion 150” should read -- the center opening 142 of the hub portion 140 --.
In paragraphs 0038, line 3, the phrase “the center openings 152, 182” should read -- the center openings 142, 182 --.
In paragraphs 0039, lines 4 and 9, the phrase “the outer wall 169” should read -- the outer wall 168 --.
In paragraphs 0041, line 1, the phrase “The outer wall 166” should read -- The outer wall 168 --.
In paragraphs 0041, line 6-8, the phrase “the outer wall 166” should read -- the outer wall 168 --.
In paragraphs 0041, line 7-8, the phrase “the outer wall 166” should read -- the outer wall 168 --.
In paragraphs 0042, line 2, the phrase “the outer wall 166” should read -- the outer wall 168 --.
In paragraphs 0042, line 5, the phrase “the outer wall 166” should read -- the outer wall 168 --.
In paragraphs 0043, line 1-2, the phrase “the direction of longitudinal axis L” should read -- the direction of longitudinal axis X --.
In paragraphs 0046, line 4, the phrase “the first reel member” should read -- the first reel member 110 --.
Claim Objections
Claim 8 is objected to because of the following informalities that requires appropriate corrections:
In claim 8, line 2, the limitation “when cable” should read -- when a cable --.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1-12 are rejected on the ground of nonstatutory double patenting as being unpatentable over the corresponding claims 4-9 and 11-19 of U.S. Patent No. 12,077,407 B2. Although the claims at issue are not identical, they are not patentably distinct from each other because of the following reasons:
In regards to claim 1 of the instant application, claim 4 in U.S. Patent No. 12,077,407 B2 disclose, a reel structurally configured to guide alignment of two reel portions comprising (“A reel comprising”): a first reel portion including a first barrel portion and a first flange portion (“a first reel member including a first barrel portion, a first flange portion, and a first hub portion”); a second reel portion including a second barrel portion and a second flange portion (“a second reel member including a second barrel portion, a second flange portion, and a second hub portion”); the first barrel portion and the second barrel portion configured to be coupled with one another (“the first barrel portion and the second barrel portion are configured to be coupled with one another”); the first barrel portion having an inner wall and an outer wall that are spaced apart from one another in a radial direction of the first barrel portion (“the first barrel portion includes an inner wall and an outer wall that are spaced apart from one another in a radial direction of the first barrel portion”); the first barrel portion and the first flange portion being portions of a first single piece structure of unitary construction (“the first barrel portion, the first flange portion, and the first hub portion are portions of a first single piece structure of unitary construction”); and the second barrel portion having a guide portion that is structurally configured to guide an alignment portion of the first barrel portion into a receiving portion of the second barrel portion, when the first reel portion is coupled with the second reel portion (“the outer wall of the second barrel portion includes a receiving portion structurally configured to have a circumferential dimension that increases from a first end at the second flange portion to a second end that is opposite the first end such that the second barrel portion includes a guide portion that is structurally configured to guide an alignment portion of the first barrel portion into the receiving portion when the first reel member is coupled with the second reel member”).
In regards to claim 2 of the instant application, claims 4-5 in U.S. Patent No. 12,077,407 B2 disclose: the first reel portion including a first hub portion (“a first reel member including…a first hub portion” in claim 4); wherein, the inner wall and the outer wall of the first barrel portion and a wall of the first hub portion have a uniform thickness (“the inner wall and the outer wall of the first barrel portion and a wall of the first hub portion have a uniform thickness” in claim 5).
In regards to claim 3 of the instant application, claim 4 in U.S. Patent No. 12,077,407 B2 disclose: the second barrel portion including an inner wall and an outer wall that are spaced apart from one another in a radial direction of the second barrel portion (“the second barrel portion includes an inner wall and an outer wall that are spaced apart from one another in a radial direction of the second barrel portion”).
In regards to claim 4 of the instant application, claim 7 in U.S. Patent No. 12,077,407 B2 disclose: the inner wall and the outer wall of the first barrel portion are configured to move toward one another and/or the inner wall and the outer wall of the second barrel portion are configured to move toward one another when a force is applied to the reel in the radial direction (“the inner wall and the outer wall of the first barrel portion are configured to move toward one another and/or the inner wall and the outer wall of the second barrel portion are configured to move toward one another to absorb a force applied to the reel in the radial direction”).
In regards to claim 5 of the instant application, claims 4-5 in U.S. Patent No. 12,077,407 B2 disclose: the second reel portion including a second hub portion (“a second reel member including…a second hub portion” in claim 4); wherein, the inner wall and the outer wall of the second barrel portion and a wall of the second hub portion have a uniform thickness (“the inner wall and the outer wall of the second barrel portion and a wall of the second hub portion have a uniform thickness” in claim 5).
In regards to claim 6 of the instant application, claims 4 and 6 in U.S. Patent No. 12,077,407 B2 disclose: a first hub portion of the first reel portion and a second hub portion of the second reel portion configured to be aligned with one another when the first barrel portion is coupled with the second barrel portion (“a first reel member including…a first hub portion; and a second reel member including…a second hub portion” in claim 4; “the first hub portion and the second hub portion are configured to be aligned with one another in a first direction when the first barrel portion is coupled with the second barrel portion” in claim 6).
In regards to claim 7 of the instant application, claim 7 in U.S. Patent No. 12,077,407 B2 disclose: the inner wall and the outer wall of the first barrel portion being configured to move toward one another when a force is applied to the reel in the radial direction (“the inner wall and the outer wall of the first barrel portion are configured to move toward one another… to absorb a force applied to the reel in the radial direction”).
In regards to claim 8 of the instant application, claim 8 in U.S. Patent No. 12,077,407 B2 disclose: the first reel portion and the second reel portion being configured to rotate together when a cable is being paid out from a reel-less bundle of cable mounted on the coupled first barrel portion and second barrel portion (“the first reel member and the second reel member are configured to rotate together when a cable is being paid out from a reel-less bundle of cable mounted on the coupled first barrel portion and second barrel portion”).
In regards to claims 9-11 of the instant application, claim 9 in U.S. Patent No. 12,077,407 B2 disclose: the alignment portion including a plurality of axially extending ribs that project radially inward from the inner wall of the first barrel portion (“the alignment portion includes a plurality of axially extending ribs that project radially inward from the inner wall of the first barrel portion”); and the receiving portion including a plurality of axially extending grooves in an outer wall of the second barrel portion that are configured to receive the plurality of axially extending ribs (“the receiving portion includes a plurality of axially extending grooves in the outer wall of the second barrel portion that are configured to receive the plurality of axially extending ribs”); wherein, the plurality of axially extending ribs and the plurality of axially extending grooves are configured to couple the first barrel portion and the second barrel portion to rotate together (“the plurality of axially extending ribs and the plurality of axially extending grooves are configured to couple the first barrel portion and the second barrel portion to rotate together”).
In regards to claim 12 of the instant application, claim 4 in U.S. Patent No. 12,077,407 B2 disclose: the receiving portion being structurally configured to have a circumferential dimension that increases from a first end at the flange portion to a second end that is opposite the first end (“a receiving portion structurally configured to have a circumferential dimension that increases from a first end at the second flange portion to a second end that is opposite the first end”).
In regards to claim 1 of the instant application, claim 11 in U.S. Patent No. 12,077,407 B2 disclose, a reel structurally configured to guide alignment of two reel portions comprising (“A reel comprising”): a first reel portion including a first barrel portion and a first flange portion (“a first reel member including a first barrel portion, a first flange portion, and a first hub portion”); a second reel portion including a second barrel portion and a second flange portion (“a second reel member including a second barrel portion, a second flange portion, and a second hub portion”); the first barrel portion and the second barrel portion configured to be coupled with one another (“the first barrel portion and the second barrel portion are configured to be coupled with one another”); the first barrel portion having an inner wall and an outer wall that are spaced apart from one another in a radial direction of the first barrel portion (“the first barrel portion includes an inner wall and an outer wall that are spaced apart from one another in a radial direction of the first barrel portion”); the first barrel portion and the first flange portion being portions of a first single piece structure of unitary construction (“the first barrel portion, the first flange portion, and the first hub portion are portions of a first single piece structure of unitary construction”); and the second barrel portion having a guide portion that is structurally configured to guide an alignment portion of the first barrel portion into a receiving portion of the second barrel portion, when the first reel portion is coupled with the second reel portion (“the second barrel portion includes a receiving portion structurally configured to have a circumferential dimension that increases from a first end at the second flange portion to a second end that is opposite the first end such that the second barrel portion includes a guide portion that is structurally configured to guide an alignment portion of the first barrel portion into the receiving portion when the first reel member is coupled with the second reel member”).
In regards to claim 2 of the instant application, claims 11-12 in U.S. Patent No. 12,077,407 B2 disclose: the first reel portion including a first hub portion (“a first reel member including…a first hub portion” in claim 11); wherein, the inner wall and the outer wall of the first barrel portion and a wall of the first hub portion have a uniform thickness (“the inner wall and the outer wall of the first barrel portion and a wall of the first hub portion have a uniform thickness” in claim 12).
In regards to claim 3 of the instant application, claim 13 in U.S. Patent No. 12,077,407 B2 disclose: the second barrel portion including an inner wall and an outer wall that are spaced apart from one another in a radial direction of the second barrel portion (“the second barrel portion includes an inner wall and an outer wall that are spaced apart from one another in a radial direction of the second barrel portion”).
In regards to claim 4 of the instant application, claim 14 in U.S. Patent No. 12,077,407 B2 disclose: the inner wall and the outer wall of the first barrel portion are configured to move toward one another and/or the inner wall and the outer wall of the second barrel portion are configured to move toward one another when a force is applied to the reel in the radial direction (“the inner wall and the outer wall of the first barrel portion are configured to move toward one another and/or the inner wall and the outer wall of the second barrel portion are configured to move toward one another when a force is applied to the reel in the radial direction”).
In regards to claim 5 of the instant application, claims 11 and 15 in U.S. Patent No. 12,077,407 B2 disclose: the second reel portion including a second hub portion (“a second reel member including…a second hub portion” in claim 11); wherein, the inner wall and the outer wall of the second barrel portion and a wall of the second hub portion have a uniform thickness (“the inner wall and the outer wall of the second barrel portion and a wall of the second hub portion have a uniform thickness” in claim 15).
In regards to claim 6 of the instant application, claims 11 and 16 in U.S. Patent No. 12,077,407 B2 disclose: a first hub portion of the first reel portion and a second hub portion of the second reel portion configured to be aligned with one another when the first barrel portion is coupled with the second barrel portion (“a first reel member including…a first hub portion; and a second reel member including…a second hub portion” in claim 11; “the first hub portion and the second hub portion are configured to be aligned with one another in a first direction when the first barrel portion is coupled with the second barrel portion” in claim 16).
In regards to claim 7 of the instant application, claim 17 in U.S. Patent No. 12,077,407 B2 disclose: the inner wall and the outer wall of the first barrel portion being configured to move toward one another when a force is applied to the reel in the radial direction (“the inner wall and the outer wall of the first barrel portion are configured to move toward one another when a force is applied to the reel in the radial direction”).
In regards to claim 8 of the instant application, claim 18 in U.S. Patent No. 12,077,407 B2 disclose: the first reel portion and the second reel portion being configured to rotate together when a cable is being paid out from a reel-less bundle of cable mounted on the coupled first barrel portion and second barrel portion (“the first reel member and the second reel member are configured to rotate together when a cable is being paid out from a reel-less bundle of cable mounted on the coupled first barrel portion and second barrel portion”).
In regards to claims 9-11 of the instant application, claim 19 in U.S. Patent No. 12,077,407 B2 disclose: the alignment portion including a plurality of axially extending ribs that project radially inward from the inner wall of the first barrel portion (“the alignment portion includes a plurality of axially extending ribs that project radially inward from the inner wall of the first barrel portion”); and the receiving portion including a plurality of axially extending grooves in an outer wall of the second barrel portion that are configured to receive the plurality of axially extending ribs (“the receiving portion includes a plurality of axially extending grooves in the outer wall of the second barrel portion that are configured to receive the plurality of axially extending ribs”); wherein, the plurality of axially extending ribs and the plurality of axially extending grooves are configured to couple the first barrel portion and the second barrel portion to rotate together (“the plurality of axially extending ribs and the plurality of axially extending grooves are configured to couple the first barrel portion and the second barrel portion to rotate together”).
In regards to claim 12 of the instant application, claim 11 in U.S. Patent No. 12,077,407 B2 disclose: the receiving portion being structurally configured to have a circumferential dimension that increases from a first end at the flange portion to a second end that is opposite the first end (“a receiving portion structurally configured to have a circumferential dimension that increases from a first end at the second flange portion to a second end that is opposite the first end”).
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.
Claims 1-7 are rejected under 35 U.S.C. 102(a)(1) and/or 35 U.S.C 102(a)(2) as being anticipated by Gayowski et al. (U.S. PGPUB 6,425,550 B1 hereinafter referred to as “Gayowski”).
In regards to claim 1, Gayowski teach (Figures 1-8) a reel (reel assembly 100) structurally configured to guide alignment of two reel portions (two reel halves 10), comprising: a first reel portion (left-side reel half 10, as illustrated in figures 2-3) including a first barrel portion (hub section 14 of the left-side reel half 10) and a first flange portion (outer circular rim 12, the inner circular rim 13, and the radially extending spokes 16/18/20 of the left-side reel half 10); a second reel portion (right-side reel half 10, as illustrated in figures 2-3) including a second barrel portion (hub section 14 of the right-side reel half 10) and a second flange portion (outer circular rim 12, the inner circular rim 13, and the radially extending spokes 16/18/20 of the right-side reel half 10); the first barrel portion (hub section 14 of the left-side reel half 10) and the second barrel portion (hub section 14 of the right-side reel half 10) configured to be coupled with one another; the first barrel portion (hub section 14 of the left-side reel half 10) having an inner wall (frustro-conical wall 36) and an outer wall (frustro-conical wall 28) that are spaced apart from one another in a radial direction of the first barrel portion (hub section 14 of the left-side reel half 10); the first barrel portion (hub section 14 of the left-side reel half 10) and the first flange portion (outer circular rim 12, the inner circular rim 13, and the radially extending spokes 16/18/20 of the left-side reel half 10) being portions of a first single piece structure of unitary construction (as clearly illustrated in figures 2-3); and the second barrel portion (hub section 14 of the right-side reel half 10) having a guide portion (circumferentially oriented walls 80/81 and the radially oriented tapered walls 82/83 of the female detent elements 52/54) that is structurally configured to guide an alignment portion (male detent elements 46/48) of the first barrel portion (hub section 14 of the left-side reel half 10) into a receiving portion (apertures 86 and the inner cavities of the female detent elements 52/54) of the second barrel portion (hub section 14 of the right-side reel half 10), when the first reel portion (hub section 14 of the left-side reel half 10) is coupled with the second reel portion (hub section 14 of the right-side reel half 10) (see also Col. 3, line 13 - Col. 5, line 29).
In regards to claim 2, Gayowski teach all intervening claim limitations as shown above. Gayowski further teach (Figures 1-8), the first reel portion (left-side reel half 10) including a first hub portion (radially inward planar support section 38 of the left-side reel half 10, which defines the aperture 40); wherein, the inner wall (frustro-conical wall 36) and the outer wall (frustro-conical wall 28) of the first barrel portion (hub section 14 of the left-side reel half 10) and a wall of the first hub portion (radially inward planar support section 38 of the left-side reel half 10), all having a uniform thickness (figures 2-3 clearly illustrate, the frustro-conical wall 28, the frustro-conical wall 36, and the radially inward planar support section 38 of the left-side reel half 10, all having substantially the same thickness).
In regards to claims 3-5 and 7, Gayowski teach all intervening claim limitations as shown above. Gayowski further teach (Figures 1-8), the second barrel portion (hub section 14 of the right-side reel half 10) having an inner wall (frustro-conical wall 36) and an outer wall (frustro-conical wall 28) that are spaced apart from one another in a radial direction of the second barrel portion (hub section 14 of the right-side reel half 10); the inner wall (frustro-conical wall 36) and the outer wall (frustro-conical wall 28) of the first barrel portion (hub section 14 of the left-side reel half 10) being configured to move toward one another when a force is applied to the reel in the radial direction (inward pressure/force excreted on the frustro-conical wall 28 when material is wound around the hub section 14 of the left-side reel half 10, would inherently cause the frustro-conical wall 28 to flex and displace towards the frustro-conical wall 36, at least by a small amount); the inner wall (frustro-conical wall 36) and the outer wall (frustro-conical wall 28) of the second barrel portion (hub section 14 of the right-side reel half 10) also being configured to move toward one another when a force is applied to the reel in the radial direction (inward pressure/force excreted on the frustro-conical wall 28 when material is wound around the hub section 14 of the right-side reel half 10, would inherently cause the frustro-conical wall 28 to flex and displace towards the frustro-conical wall 36, at least by a small amount); the second reel portion (right-side reel half 10) including a second hub portion (radially inward planar support section 38 of the right-side reel half 10, which defines the aperture 40); wherein, the inner wall (frustro-conical wall 36) and the outer wall (frustro-conical wall 28) of the second barrel portion (hub section 14 of the right-side reel half 10) and a wall of the second hub portion (radially inward planar support section 38 of the right-side reel half 10), all have a uniform thickness (figures 2-3 clearly illustrate, the frustro-conical wall 28, the frustro-conical wall 36, and the radially inward planar support section 38 of the right-side reel half 10, all having substantially the same thickness).
In regards to claim 6, Gayowski teach all intervening claim limitations as shown above. Gayowski further teach (Figures 1-8), a first hub portion of the first reel portion (radially inward planar support section 38 of the left-side reel half 10, which defines the aperture 40) and a second hub portion of the second reel portion (radially inward planar support section 38 of the right-side reel half 10, which defines the aperture 40), both being configured to be aligned with one another (i.e. along the rotational axis 200) when said first barrel portion (radially inward planar support section 38 of the left-side reel half 10) is coupled with said second barrel portion (radially inward planar support section 38 of the right-side reel half 10).
Claims 1, 3, and 5 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Dutton (GB 1,417,961 A).
In regards to claim 1, Dutton teach (Figures 4) a reel (two-part spool illustrated in figure 1) structurally configured to guide alignment of two reel portions (1a with 4, and 1b with 3), comprising: a first reel portion (1b with 3) including a first barrel portion (1b) and a first flange portion (3); a second reel portion (1a with 4) including a second barrel portion (1a) and a second flange portion (4); the first barrel portion (1b) and the second barrel portion (1a) configured to be coupled (via 12 and 13) with one another; the first barrel portion (1b) having an inner wall (inner wall surface of 1b) and an outer wall (outer wall surface of 1b) that are spaced apart from one another in a radial direction of the first barrel portion (1b); the first barrel portion (1b) and the first flange portion (3) being portions of a first single piece structure of unitary construction (page 2, line 104-113 disclose, 1a being molded with 4, and 1b being molded with 3; see also figure 2); and the second barrel portion (1a) having a guide portion (side walls of 12) that is structurally configured to guide an alignment portion (3) of the first barrel portion (1b) into a receiving portion (12) of the second barrel portion (1a), when the first reel portion (1b with 3) is coupled with the second reel portion (1a with 4) (see also page 2, line 16-113 of the GB 1,417,961 A provided with this office action).
In regards to claims 3 and 5, Dutton teach all intervening claim limitations as shown above. Dutton further teach (Figures 1-8), the second barrel portion (1a) having an inner wall (inner wall surface of 1a) and an outer wall (outer wall surface of 1a) that are spaced apart from one another in a radial direction of the second barrel portion (1a).
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 8 is rejected under 35 U.S.C. 103 as being unpatentable over Gayowski.
In regards to claim 8, Gayowski teach all intervening claim limitations as shown above. Gayowski further teach (Figures 1-8), the first reel portion (left-side reel half 10, as illustrated in figures 2-3) and the second reel portion (right-side reel half 10, as illustrated in figures 2-3) being configured to rotate together when an elongate material is being paid-out from a reel-less bundle of material mounted on the coupled first barrel portion (hub section 14 of the left-side reel half 10) and second barrel portion (hub section 14 of the left-side reel half 10). Yet, Gayowski does not explicitly reveal, the first reel portion (left-side reel half 10) and the second reel portion (right-side reel half 10) of the reel (reel assembly 100) specifically being configured to hold or dispense a cable from a reel-less bundle of cable that is mounted on said reel (reel assembly 100).
Nevertheless, it would have been an obvious design choice for one of ordinary skill in the art before the effective filing date of the claimed invention to configure or use Gayowski’s reel to hold a reel-less bundle of cable, and to unwind/dispense a cable form such a reel-less bundle of cable (especially since said reel is provided to carry, wind, unwind, and dispense an elongate material). Enabling the reel taught by Gayowski to wind, unwind, hold, and dispense a cable, along with other elongated material, would beneficially improve the overall practicality, usefulness, and the versatility of said reel.
Claim 9-12 are rejected under 35 U.S.C. 103 as being unpatentable over Gayowski in view of Boisdon et al. (U.S. Patent 6,736,349 B1).
In regards to claims 9-12, Dutton teach all intervening claim limitations as shown above. Dutton further teach (Figures 1-8), the alignment portion (13) including an axially extending rib (page 2, line 85-103 dislcsoe, 13 being a radially and axially extending key that cooperated with the 12) that project radially inward from the inner wall of the first barrel portion (inner wall surface of 1b); the receiving portion (12) including an axially extending groove (page 2, line 85-103 dislcsoe, 12 being a radially and axially extending keyway that cooperated with the 13) in an outer wall of the second barrel portion (outer wall surface of 1a) that are configured to receive the axially extending rib (13); the axially extending rib (13) and the axially extending groove (12) are configured to couple the first barrel portion (1b) and the second barrel portion (1a) to rotate together. Yet, Dutton fails to teach the, the first barrel portion (1b) including a plurality of axially extending ribs, the first barrel portion (1a) including a plurality of axially extending grooves, or the receiving portion (12) being structurally configured to have a circumferential dimension that increases from a first end of the second barrel portion (1b) to a second end of said first barrel portion (1b).
However, Boisdon teach (Figures 1a-1b and 3) a reel (support device illustrated in figure 1a-1b) comprising: a first reel portion (1 and 1A) including a first barrel portion (1), a first flange portion (1A), and an alignment portion (6); a second reel portion (2 and 2A) including a second barrel portion (2), a second flange portion (2A), and a receiving portion (7); the alignment portion (6) being inserted into the receiving portion (7), when the first reel portion (1 and 1A) is coupled with the second reel portion (2 and 2A); the alignment portion (6) having a plurality of axially extending ribs (figure 1a illustrate, the half-hub 1 having at least two fingers 6), while the receiving portion (7) has a plurality of axially extending grooves (figure 1a illustrate, the half-hub 2 having at least two longitudinal rails 7); the plurality of axially extending ribs (6) and the plurality of axially extending grooves (7) being configured to couple the first barrel portion (1) and the second barrel portion (2) to rotate together; wherein, the receiving portion (7) is structurally configured to have a circumferential dimension that increases from a first end (3A) of the second barrel portion (2) to a second end (3B) of the second barrel portion (2) (figure 1a and 3 illustrate, the width of the longitudinal rails 7 near the end 3A being slightly larger than the width of the longitudinal rails 7 near the end 3B) (see also Col. 1, line 65 - Col. 2, line 65)
Accordingly, using the suggestions in the Boisdon reference, it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to provide the first barrel portion in Dutton’s reel with a plurality of axially extending ribs, to provide the second barrel portion in said reel with a plurality of axially extending grooves, and set the circumferential dimension of the axially extending grooves at the distal end of the second barrel portion to be larger than the circumferential dimension of the axially extending grooves at the end of the second barrel portion that is near the second flange portion. Configuring the first and second barrel portions with a plurality of axially extending ribs and a plurality of axially extending grooves, would enhance the overall rotational coupling between the first reel portion and the second reel portion, such that said first and second reel portions can remain connected and effectively rotate together during a winding/unwinding operation. Furthermore, by setting the circumferential dimension of the axially extending grooves at the distal end of the second barrel portion to be larger than the circumferential dimension of the axially extending grooves at the flange end of the second barrel, the axially extending ribs on the first barrel portion can easily aligned with and inserted into the axially extending grooves on the second barrel portion, when the first reel portion is being coupled tot the second reel portion.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: See the attached PTO-892 for complete list of pertinent prior art references made of record by the examiner.
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/R.J.D./Examiner, Art Unit 3654
/ANNA M MOMPER/ Supervisory Patent Examiner, Art Unit 3654