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 § 102/103
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 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 –
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) 1–3 are rejected under 35 U.S.C. 102(a1) as anticipated by or, in the alternative, under 35 U.S.C. 103 as obvious over Dang.
Dang teaches the creation tungsten microwires, wherein the microwires have diameters of about 500–600 nm and crystal grains with sizes (width) of ~400 nm that include dislocations. Dang abstract, pp. 194, 195, 199, Fig. 5. The tungsten microwires have a tensile strength within the claimed range (II). See id. Fig. 4.
Although Dang does not explicitly teach the claimed feature a resistivity of 6.2 mW*cm –6.9 mW*cm, it is reasonable to presume that said resistivity is inherent to Dang. Support for said presumption is found in the use of like materials (i.e., tungsten wire of claimed diameter and crystalline structure). The burden is upon Applicant to prove otherwise. In re Fitzgerald 205 USPQ 594. In addition, the presently claimed property of feature a resistivity of 6.2 mW*cm –6.9 mW*cm would obviously have been present one the Dang product is provided. Note In re Best, 195 USPQ at 433, footnote (CCPA 1977) as to the providing of this rejection made above under 35 USC 102. Reliance upon inherency is not improper even though rejection is based on Section 103 instead of Section 102. In re Skoner, 517 F.2d 947 (CCPA 1975).
Claim Rejections - 35 USC § 103
Claim(s) 4 and 5 are rejected under 35 U.S.C. 103 as being unpatentable over Dang as applied to claim 1 above, and further in view of Terada (US 2018/0135211 A1).
Dang fails to teach a fiber product, such as plied yarn that includes a tungsten wire.
Terada teaches a hybrid fiber (i.e., plied yarn) comprising a tungsten wire and a fiber, wherein the metal wire provides cutting resistance. Terada abstract, ¶¶ 4–7, 21, Fig. 1.
It would have been obvious to one of ordinary skill in the art to have modified the tungsten wire of Dang to include a fiber motivated by the desire to make a final product, such as a cut-resistant fiber.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MATTHEW D MATZEK whose telephone number is (571)272-5732. The examiner can normally be reached M-F 9:30-6.
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/MATTHEW D MATZEK/Primary Examiner, Art Unit 1786
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