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 .
Drawings
The drawings are objected to because, it is not clear, where the cross section figures 3, 8, 10, and 11 is taken. For figure 8, the specification describes element 17 as insertion direction of contact support 2 [0032], however, according to figure 4, the contact support 2 is on the left of shielding sleeve 6, as such, the insertion direction 17 does not make sense. For figure 3, 5 and 10, the applicant should mark/show, where the cross section is taken and where element represented by numerals 14, 15, are located in the parent figure. 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.
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 “at least one contact chamber”, “a contact partner”, ‘crimping geometry’, “a shielding sleeve is coaxially arrange between the housing and the contact support” all recited in claim 13; ‘shielding of the cable’ recited in claim 18, (this is separate from shielding sleeve of claim 13); “two contact chambers’ recited in claims 23, 29; ‘locking of the housing’ recited in claim 20; ‘”shielding sleeve has at least one stud on its outer surface’ as recited in claim 21; ”more than two contact chambers’ recited in claims 24, 30; and some of the elements in claim 31 (similar to claim 13) must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
It is noted that figure 4, shows the parts of the plug connector in partially assembled condition, and the shielding sleeve (6) is between the contact support (2) and housing (7). However, when the connector is fully assembled, the shielding sleeve (6) will be covered by the housing (7) and will not be between the contact support (2) and the housing (7). The applicant has not provided enough details about the housing (7) except what is visible in figure 4. Depending upon the length of the housing (7), it is likely that the housing will be between the contact support and shielding sleeve.
Examiner also noted that the invention is about ‘electrical plug connector’, however, the claims do not appear to recite ‘electrical’.
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 following guidelines illustrate the preferred layout for the specification of a utility application. These guidelines are suggested for the applicant’s use.
Arrangement of the Specification
As provided in 37 CFR 1.77(b), the specification of a utility application should include the following sections in order. Each of the lettered items should appear in upper case, without underlining or bold type, as a section heading. If no text follows the section heading, the phrase “Not Applicable” should follow the section heading:
(a) TITLE OF THE INVENTION.
(b) CROSS-REFERENCE TO RELATED APPLICATIONS.
(c) STATEMENT REGARDING FEDERALLY SPONSORED RESEARCH OR DEVELOPMENT.
(d) THE NAMES OF THE PARTIES TO A JOINT RESEARCH AGREEMENT.
(e) INCORPORATION-BY-REFERENCE OF MATERIAL SUBMITTED ON A READ-ONLY OPTICAL DISC, AS A TEXT FILE OR AN XML FILE VIA THE PATENT ELECTRONIC SYSTEM.
(f) STATEMENT REGARDING PRIOR DISCLOSURES BY THE INVENTOR OR A JOINT INVENTOR.
(g) BACKGROUND OF THE INVENTION.
(1) Field of the Invention.
(2) Description of Related Art including information disclosed under 37 CFR 1.97 and 1.98.
(h) BRIEF SUMMARY OF THE INVENTION.
(i) BRIEF DESCRIPTION OF THE SEVERAL VIEWS OF THE DRAWING(S).
(j) DETAILED DESCRIPTION OF THE INVENTION.
(k) CLAIM OR CLAIMS (commencing on a separate sheet).
(l) ABSTRACT OF THE DISCLOSURE (commencing on a separate sheet).
(m) SEQUENCE LISTING. (See MPEP § 2422.03 and 37 CFR 1.821 - 1.825). A “Sequence Listing” is required on paper if the application discloses a nucleotide or amino acid sequence as defined in 37 CFR 1.821(a) and if the required “Sequence Listing” is not submitted as an electronic document either on read-only optical disc or as a text file via the patent electronic system.
P.S. If one or more subtitles are not applicable to the present disclosure, they could be omitted.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 13-32 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, because the specification, while being enabling for crimping of sleeve 6 on to contact support, it does not reasonably provide enablement for ‘crimping geometry’ as recited in claim 13, 15, 20, 21, 25, and 31. The specification does not enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the invention commensurate in scope with these claims.
It is noted that ‘crimping geometry’ could comprise of number of size, shape, material and structure, and the disclosure does not cover all those elements (i.e. the recitation is too broad), the applicant has disclosed providing slits in the sleeve, and crimping the sleeve, (a narrow scope) and hence the applicant is only entitled to a narrow scope of the claim(s) commensurate with the disclosure and not all the possible shapes, sized, material, that is encompassed by the claims.
MPEP 2164.08, in part recites:
The courts have repeatedly held that "the specification must teach those skilled in the art how to make and use the full scope of the claimed invention without ‘undue experimentation’" or that any experimentation must be "reasonable". See Amgen Inc. et al. v. Sanofi et al., 598 U.S. 594, 2023 USPQ2d 602 (2023); McRO, Inc. v. Bandai Namco Games Am. Inc., 959 F.3d 1091, 2020 USPQ2d 10550 (Fed. Cir. 2020); Wyeth & Cordis Corp. v. Abbott Laboratories, 720 F.3d 1380, 107 USPQ2d 1273 (Fed. Cir. 2013); Enzo Life Sciences, Inc. v. Roche Molecular Systems, Inc., 928 F.3d 1340 (Fed. Cir. 2019); and Idenix Pharmaceuticals LLC v. Gilead Sciences Inc., 941 F.3d 1149, 2019 USPQ2d 415844 (Fed. Cir. 2019). See also In re Wright, 999 F.2d 1557, 1561, 27 USPQ2d 1510, 1513 (Fed. Cir. 1993).
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 13-32 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 13, line 2, it is not clear what is meant by ‘contact partner’. The recitation ‘contact partner’ is not a term of art. Does the applicant simply mean ‘a contact?’
Claim 13, line 7, it is not clear what is meant by ‘at least one crimping geometry’. The recitation ‘geometry’ in the context of the invention is not clear.
Claim 13 also recites ‘a first region of the shielding sleeve is separated from a second region in a region of the at least one crimping geometry’. If the two regions are separated, does that still qualify as a geometry?
Claim 25, lines 5-6, it is not clear what is meant by ‘at least one crimping geometry’. The recitation ‘geometry’ in the context of the invention is not clear.
Claim 31 line 8, it is not clear what is meant by ‘at least one crimping geometry’. The recitation ‘geometry’ in the context of the invention is not clear.
Claim 25, the preamble recites ‘a method for installing a plug connector.” However, the balance of the claims 25, 26, 28-30 do not recite any method steps, hence the claim is vague and indefinite. Please see method claims 31-32.
MPEP 2703.05(q), in part recites:
Attempts to claim a process without setting forth any steps involved in the process generally raises an issue of indefiniteness under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112.
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.
Claim(s) 13- 20 and 22-24 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Jung et al. (US 20200194938).
Regrading Claim 13, Jung et al. discloses a plug connector (figures 1, 2) comprising:
a contact support (112) having at least one contact chamber (not numbered, where 122, 132 are inserted),
wherein a contact partner (122, 132) is inserted in each contact chamber and fixed in its position in the contact chamber; and a housing (17) into which the contact support is inserted;
wherein a shielding sleeve (14) is coaxially arranged between the housing and the contact support;
wherein the shielding sleeve has at least one crimping geometry (141, fig. 11); and wherein a first region (solid part left of 141) of the shielding sleeve is separated from a second region (solid part, right of 141) in a region of the at least one crimping geometry.
As to the recitation of ‘crimping” in the claim, crimping is a process limitation in a product claim, and even though product-by-process claims are limited by and defined by the process, determination of patentability is based on the product itself. The patentability of a product does not depend on its method of production. If the product in the product-by-process claim is the same as or obvious from a product of the prior art, the claim is unpatentable even though the prior product was made by a different process." In re Thorpe, 777 F.2d 695, 698, 227 USPQ 964, 966 (Fed. Cir. 1985).
Regarding Claim 14, Jung et al. discloses the plug connector, wherein the separation of the first region from the second region is a shear. Please note that element 141 is described as ‘resilient’ in paragraphs 0066 and 0076, and although not explicitly stated, the resiliency is achieved by cutting/shearing and bending (like louvers). In addition, this is a product by process limitation in the claim and therefore In re Thorpe applies.
Regarding Claim 15, Jung et al. discloses the plug connector, wherein the at least one crimping geometry is provided several times distributed over a circumference of the shielding sleeve. Note that element 141 is visible two at the top and two at the bottom, see figure 11.
Regarding Claim 16, Jung et al. discloses the plug connector, wherein: the plug connector is arranged at an end of a cable (131, fig. 9); and an end region of the shielding sleeve is arranged around an end region of the cable (figure 14).
Regarding Claim 17, Jung et al. discloses the plug connector, wherein the end region of the shielding sleeve (14) is crimped around the end region of the cable (figure 14).
Regarding Claim 18, Jung et al. discloses the plug connector, wherein: the cable has a shielding (123, 124, fig. 5, 7); and the shielding sleeve at least partially encloses the shielding of the cable (figure 14).
Regarding Claim 19, Jung et al. discloses the plug connector, wherein the shielding sleeve completely encloses the shielding of the cable (see fig. 14).
Regarding Claim 20, Jung et al. discloses the plug connector, wherein a locking of the housing takes place by at least one crimping geometry between the shielding sleeve and the contact support. Figure 22B, shows the crimping geometry (141) engages sleeve (22) of mating connector, thereby locking the shielding sleeve (14) and contact support 112.
Regarding Claim 22, Jung et al. discloses the plug connector, wherein the shielding sleeve (14) has a smooth continuous surface in the direction of the inner contour of the housing (see figures 2, 21B).
Regarding Claim 23, Jung et al. discloses the plug connector, wherein the at least one contact chamber is precisely two contact chambers (figure 1).
Regarding Claim 24, Jung et al. discloses the plug connector, wherein the at least one contact chamber comprises more than two contact chambers. Chambers for 12 as well 13, Figure 2.
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) 21 and 25-32 are rejected under 35 U.S.C. 103 as being unpatentable over Jung et al. (US 20200194938).
Regarding Claim 21, Jung discloses the claimed invention, but does not explicitly disclose a stud on an outer surface of the shielding sleeve. Jung does discloses number of slits for creating resilient element 141.
The instant specification paragraph 0011, states: ‘shielding sleeve made of metallic material, such studs can be produced quickly and easily by deforming using a punch. Instead of studs, ribs, tabs, circumferential beads, and the like protruding from the shielding sleeve can also be considered.’
Thus, the instant specification considers ‘ribs, tabs, circumferential beads, and the like protruding from the shielding sleeve’ as equivalent element to stud, and therefore the disclosed element 141 of Jung is an equivalent structure to studs. Therefore, it would have been obvious to one of ordinary skill in the art to provide stud, on the outer surface of the shielding sleeve, to make a crimping geometry (within the context of the invention) so that the shielding sleeve can be elastically connected to a mating connector structure.
Regarding Claim 25, Jung et al. discloses a plug connector (1) including a contact support (112, figure 2) having at least one contact chamber (not numbered), wherein a contact partner (122, 132) is inserted in each contact chamber and fixed in its position in the contact chamber,
wherein the plug connector (10) has a housing (111) into which the contact support is inserted, wherein a shielding sleeve (14) is coaxially arranged between the housing and the contact support, wherein the shielding sleeve has at least one crimping geometry (141), wherein a first region of the shielding sleeve is separated from a second region in the region of the crimping geometry (figure 11) that is deformed relative to the second region in order to secure the shielding sleeve on the contact support.
As to the method steps, the claim does not recite any method steps, hence the reference satisfies the claim limitation. As an alternative, the method steps are obvious to one of ordinary skill in the art before the effective filing date of the invention to effectively make the connector assembly.
Regarding Claim 26, Jung et al. discloses the method, wherein the separation of the first and second regions is achieved by shearing the material of the shielding sleeve (Figures 11, 21B).
Regarding Claims 27 and 28, Jung et al. discloses the method. Though specific method steps are not disclosed, the reference discloses element 141 bent in figure 24, and it would have been obvious to one of ordinary skill in the art before the filing date of the claimed invention to shear the individual strips of 141 or by removing the material between the strips, doing so will have opposing side edges of 141 overlap with each other hence. One would be motivated to do so, to have resilient element 141.
Regarding Claims 29 and 30, Jung et al. discloses the method of claim 25, wherein the at least one contact chamber is precisely two contact chambers (see figure 2, chambers for 132 considered). For claim 30, Chambers for 122 and 132 are considered,
Regarding Claim 31, Jung et al. discloses a method for installing a plug connector including a contact support having at least one contact chamber (fig 2), comprising: a contact partner(122, 132, figure 2) in each contact chamber and fixing the contact partner in its position in the contact chamber; the contact support into a housing (112) of the plug connector
However Jung et al. does not disclose method steps of inserting the contact partner, inserting contact support into a housing. It would have been obvious to one of ordinary skill in the art before the filing date of the claimed invention to follow the steps of inserting the contact partner and inserting contact support into a housing, so as to have a working device.
Regarding Claim 32, Jung et al. discloses the method, wherein the method includes: shearing the material of the shielding sleeve to thereby separate the first region of the shielding sleeve from the second region; or removing the material of the shielding sleeve to thereby separate the first region of the shielding sleeve from the second region.
However, Jung does not disclose shearing step and removing material of the sleeve to separate first region from the second region. Jung does disclose (figure 2 and 22B), the shielding sleeve having elements 141 separated. It would have been obvious to one of ordinary skill in the art before the filing date of the claimed invention to use shearing or cutting method to separate several strips of element 141, thus separating first region from the second region to make element 141 resilient.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US 11637405 to Droesbeke et al.; 20160093983 to Tanaka; 20140206232 to Kato et al.; 6814615 to Laub et al. and 10741977 to Maesoba et al. all disclose shielded connector.
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/TULSIDAS C PATEL/Supervisory Patent Examiner, Art Unit 2834
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