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 § 112
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 3-4 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.
Regarding claim 3, the limitation “the third connection portion and the fourth connection portion being coupled to the second sleeve” is vague and indefinite. Previously claim 3 recites the limitation that “the first wire container further comprises: a second tab”, however attaching the second tab to the second sleeve which is claimed to be in the second container per Claim 1, renders the claim indefinite. It is unclear whether applicant intends for the second tab to be in the second container or the first container. For the purposes of examination, Examiner assumes applicant intends to mean the second tab having the third and fourth connection portions is coupled to the first sleeve.
Claim 4 is rejected because it depends from rejected claim 3.
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, 5-8, 11-15, and 17-20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Fujikawa, Foreign Patent Document, JPH07136763.
Regarding independent claim 1, Kim discloses a continuous wire system (Paragraph [0020]) comprising: a first wire container having a first sleeve defining a first cavity (12, Fig. 1), the first wire container including a first tab mounted to the first sleeve (22 mounted to 12 via 21, Fig. 2), the first tab including a first connection portion (22A, Fig. 2), a second connection portion (22A, Fig. 2), and a first extension portion coupled to and extending away from each of the first connection portion and the second connection portion (22B, 22C, Fig. 2), the first connection portion being spaced apart from the second connection portion (22A portions spaced on either side of 22C, Fig. 2), the first extension portion including an opening formed therein (opening in 22 through which wire 23 can be inserted, Fig. 2), the first connection portion and the second connection portion being coupled to the first sleeve (22A coupled to 12 via 21, Fig. 2); a first wire disposed in the first cavity of the first wire container (23 disposed in 12, Fig. 1, 2), at least a portion of the first wire inserted into the opening of the first extension portion and extending therethrough (23 inserted into and extending through 22, Fig. 2); a second wire container having a second sleeve defining a second cavity (Paragraph [0022]); and a second wire disposed in the second cavity of the second wire container, wherein the second wire is connected to the first wire (Paragraph [0022]).
Regarding claim 2, Kim discloses the limitations of claim 1, and wherein the first wire is arranged in a coiled configuration in the first wire container (23 arranged in 12 in coiled configuration, Fig. 2), and the second wire is arranged in a separate coiled configuration in the second wire container (Paragraph [0022]).
Regarding claim 3, Kim discloses the limitations of claim 1, and wherein the first wire container further comprises: a second tab (two tabs 22 shown in Fig. 2) including a third connection portion (22A, Fig. 2), a fourth connection portion (22A, Fig. 2), and a second extension portion (22B, 22C, Fig. 2), the third connection portion and fourth connection portion being coupled to the first sleeve (See 112(b) rejection of claim 3 above; 22 coupled to 12 via 21, Fig. 2), the second tab being coupled to the second sleeve at a location spaced apart from the first tab (both tabs 22 are spaced apart along wire 23, Fig. 2), the second extension portion including an opening formed therein (opening formed in 22B, 22C, where wire 23 is inserted, Fig. 2), wherein at least a portion of the first wire is inserted into the opening of the second extension portion and extends therethrough (wire 23 extends through second tab extension portion opening, 22, Fig. 2).
Regarding claim 5, Kim discloses the limitations of claim 1, and wherein the first extension portion has a slit formed therein (slit between 22B, 22C in folded configuration, Fig. 2), the slit is in communication with the opening in the first extension portion (slit is in communication with opening where wire 23 is located in 22, Fig. 2), and the slit is configured so that the first wire can pass therethrough to the opening of the first extension portion (wire 23 can pass through slit at tip of 22B and 22C to opening where wire 23 is located in Fig. 2).
Regarding claim 6, Kim discloses the limitations of claim 1, and wherein the first tab is formed of a single piece of material (22, Fig. 2), and the first connection portion (22A, Fig. 2), the second connection portion (22A, Fig. 2), and the first extension portion (22B, 22C, Fig. 2) are different sections of the single piece of material (22A, 22B, 22C are different sections of 22, Fig. 2).
Regarding claim 7, Kim discloses the limitations of claim 6, and wherein the first connection portion is coupled to the first extension portion by a first living hinge (dashed line between 22A and 22C, Fig. 2), and the second connection portion is coupled to the first extension portion by a second living hinge (second dashed line between 22A and 22C, Fig. 2).
Regarding claim 8, Kim discloses the limitations of claim 7, and wherein the first extension portion includes a first panel and a second panel (22b, 22c, Fig. 2), the second panel being coupled to the first panel by a third living hinge that permits the second panel and the first panel to be folded so they are adjacent each other (Paragraph [0029]).
Regarding independent claim 11, Kim discloses a continuous wire system (Paragraph [0022]) comprising: a first welding wire container having a first sleeve defining a first cavity (12, 21 Fig. 1), the first welding wire container including a first tab and a second tab (two tabs 22, Fig. 2), each of the first tab and the second tab including a first connection portion (22A, Fig. 2), a second connection portion (22A, Fig. 2), and an extension portion coupled to the first connection portion and to the second connection portion (22B, 22C coupled to 22A sections, Fig. 2), the first connection portion of the first tab being spaced apart from the second connection portion of the first tab (22A sections spaced apart by 22C, Fig. 2), each extension portion defining an opening and a slit in communication with its opening (in folded configuration, slit between 22C, 22B allows wire to pass through to opening where wire 23 is shown in Figure 2), the first tab being mounted to the first sleeve at a first location (22 mounted to 12, 21, Fig. 2), and the second tab being mounted to the first sleeve at a second location spaced apart from the first location (second tab 22 mounted at second location, Fig. 2); a first welding wire disposed in the first cavity of the first welding wire container (23 disposed in container, Fig. 2), the first welding wire being inserted into the first tab extension portion opening and inserted into the second tab extension portion opening (wire 23 inserted into tab extension portions 22, Fig. 2); a second welding wire container having a second sleeve defining a second cavity (Paragraph [0022]); and a second welding wire disposed in the second cavity of the second welding wire container, wherein the second welding wire is connected to the first welding wire (Paragraph [0022]).
Regarding claim 12, Kim discloses the limitations of claim 11, and wherein the first tab extension portion (22C, 22B, Fig. 2) is coupled to the first connection portion of the first tab and to the second connection portion of the first tab (coupled to both sections 22A, Fig. 2).
Regarding claim 13, Kim discloses the limitations of claim 12, and wherein the first connection portion of the first tab (22A, Fig. 2), the second connection portion of the first tab (22A, Fig. 2), and the extension portion of the first tab (22B, 22C, Fig. 2) are integrally formed (22A, 22B, 22C are integrally formed as 22, Fig. 2).
Regarding claim 14, Kim discloses the limitations of claim 11, wherein an adhesive material is coupled to the first connection portion of the first tab, and the adhesive material contacts the first sleeve when the first tab is mounted to the first sleeve (Paragraph [0033], lines 3-6).
Regarding claim 15, Kim discloses the limitations of claim 12, and wherein the first connection portion is coupled to the extension portion of the first tab by a first living hinge, and the second connection portion is coupled to the extension portion of the first tab by a second living hinge (dashed lines show first and second living hinges between portions 22A and 22C,22B, Fig. 2).
Regarding independent claim 17, Kim discloses a continuous wire system (Paragraph [0022]) comprising: a first welding wire container having a first sleeve defining a first cavity (12, 21 Fig. 1), the first welding wire container including a plurality of tabs coupled to the first sleeve at spaced apart locations (plurality of tabs 22 coupled to sleeve 21, 12 at spaced apart locations, Fig. 2), each of the plurality of tabs including a first connection portion (22A, Fig. 2), a second connection portion (22A, Fig. 2), and an extension portion (22C, 22B, Fig. 2), each extension portion of each tab being coupled to the first connection portion and to the second connection portion of that particular tab (22B, 22C coupled to 22A sections, Fig. 2), each extension portion defining an opening therethrough (in folded configuration, opening in 22C, 22B where wire 23 is shown in Figure 2), the first connection portion of a particular tab being spaced apart from the second connection portion of that particular tab (22A sections spaced apart by 22C, Fig. 2); a first welding wire coil disposed in the first cavity of the first welding wire container (23 disposed in container, Fig. 2), a portion of the first welding wire coil extending through the opening in each of the plurality of tabs of the first welding wire container (wire 23 extending through tab openings 22, Fig. 2); a second welding wire container having a second sleeve defining a second cavity (Paragraph [0022]), the second welding wire container including a plurality of tabs coupled to the second sleeve at spaced apart locations, each of the plurality of tabs of the second welding wire container including a connection portion coupled to an extension portion that defines an opening therethrough (second is identical to first, thus has tabs 22 with extension portions and opening as shown in Fig. 2; Paragraph [0022]); and a second welding wire coil disposed in the second cavity of the second welding wire container (Paragraph [0022]), a portion of the second welding wire coil extending through the opening in each of the plurality of tabs of the second welding wire container (second container is identical to first as shown in Figure 2, thus wire 23 extends through openings in tabs 22, Fig. 2), wherein the second welding wire coil is connected to the first welding wire coil (Paragraph [0022]).
Regarding claim 18, Kim discloses the limitations of claim 17, and wherein each tab of the first welding wire container is formed of a single piece of material (22, Fig. 2) and is coupled to the first sleeve via an adhesive material (Paragraph [0033], lines 3-6).
Regarding claim 19, Kim discloses the limitations of claim 17, and wherein each tab of the first welding wire container includes a living hinge coupling the first connection portion of that tab to the extension portion of that tab (dashed line between 22A and 22C, 22B, Fig. 2).
Regarding claim 20, Kim discloses the limitations of claim 17, and wherein each tab has a collapsed configuration and a folded configuration (Figure 2 shows collapsed and folded configurations), and each tab is flat in its collapsed configuration (Figure 2 shows tab is flat in collapsed configuration).
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.
Claim(s) 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kim, Foreign Patent Document, KR20020019321A.
Regarding claim 9, Kim discloses the limitations of claim 6, and wherein the single piece of material has a collapsed configuration and a folded configuration (Figure 2 shows collapsed and folded configurations), and the single piece of material is flat in its collapsed configuration (Figure 2 shows tab is flat in collapsed configuration).
Kim does not disclose the single piece of material comprises cardboard.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to make the tab of Fujikawa of cardboard, 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. One would have been motivated to make this modification to reduce the “risk of surface damage due to friction with the welding wire” which is common with fixing members made of iron or metal (Paragraph [0029], lines 7-8; Kim).
Claim(s) 4, and 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kim, Foreign Patent Document, KR20020019321A in view of Bae, Foreign Patent Document, KR20200127760.
Regarding claims 4 and 16, Kim discloses the limitations of claims 3 and 11, and a continuous wire system.
Kim does not disclose wherein multiple portions of the first [welding] wire extend through the opening of the first extension portion [the first tab extension portion opening] simultaneously, and additional multiple portions of the first [welding] wire extend through the opening of the second extension portion [the second tab extension portion opening] simultaneously.
Bae discloses a continuous wire system having first and second tabs wherein multiple portions of the first [welding] wire extend through the opening of the first extension portion [the first tab extension portion opening] simultaneously, and additional multiple portions of the first [welding] wire extend through the opening of the second extension portion [the second tab extension portion opening] simultaneously (Paragraph [0068], lines 3-5).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to insert multiple portions of the wire through the first and second extension portion openings as taught by Bae to secure the wire at the top of the container. One would have been motivated to wrap additional portions of the wire at the top of the container because “the wire is fixed by wrapping it several times along the inner surface of the inner box” (Paragraph [0068], line 4, Bae).
Allowable Subject Matter
Claim 10 is 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.
The following is a statement of reasons for the indication of allowable subject matter:
Regarding claim 10, Kim (KR20020019321), Fujikawa (JPH07136763), and Bae (KR20200127760A) are close prior art teaching some of the features of claim 10, however they fail, alone or in combination, to teach, suggest, or render obvious, the first tab is coupled to a sidewall of each of the first sleeve and the third sleeve. It would not have been obvious to have the first tab coupled to both the first sleeve and the third sleeve, as such a modification to the existing prior art would require more material to fabricate the part, add an additional step to installation of the tab, and interfere with the fitting of the container lid.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-20 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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/K.R.B./ Examiner, Art Unit 3654
/Victoria P Augustine/ Supervisory Patent Examiner, Art Unit 3654
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