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
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, 3 and 9-10 is/are rejected under 35 U.S.C. 102(a1) as being anticipated by Dolechek et al 2007/0026772 A1.
Dolechek et al disclose the claimed invention as recited in the claims as shown below:
1. An expansion retaining ring for retaining a tape in an expanded state, the tape having an outer circumferential part fixed to a frame, the expansion retaining ring comprising:
a ring body 60; and
a ring-shaped lip 80 formed of a material softer Par.0051, line compressible corrosion resistant member 80) than the ring body, the ring-shaped lip being able to be detachably attached to an outer circumferential surface of the ring body and protruding outward from the outer circumferential surface of the ring body. See Fig.6
3. The expansion retaining ring according to claim 1, wherein the ring body is made of metal, and the ring-shaped lip is made of resin. See Fig.6 and par. 0051 Outside frame metal and elastomeric material .
9. The expansion retaining ring according to claim 1, wherein a tapered surface which inclines obliquely 90 with respect to a central axis of the ring body, is formed on an inner circumferential surface of the ring body.
10. The expansion retaining ring according to claim 1, wherein a dimension of the ring body in a direction of the central axis of the ring body is determined according to a required expansion rate of the tape. See Figs.7&8 and element 80 and expansion rate of the tape is not part of the invention.
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.
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Dolechek et al 2007/0026772 A1 in view Hashizume et al 2011/0240601 A1.
Dolechek et al disclose the claimed invention as recited above except for a fluororesin material.
Hashizume et al device which uses material such as fluororesin par.0160 line 5 not as just a matter of obvious design choice but to provide a chemical resistant material which would be known to one having ordinary skill in the art as matter of mechanical expediences or the intended use to yield a predictable result of material selection. KSR
Allowable Subject Matter
Claims 2, 4-5 and 7-8 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. The 892 form discloses prior art being made of record.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LEE D WILSON whose telephone number is (571)272-4499. The examiner can normally be reached M-TH 6;30-4;30.
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LEE D. WILSON
Examiner
Art Unit 3723
Ldw
/LEE D WILSON/Primary Examiner, Art Unit 3723 July 8, 2026
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