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 § 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 1-5 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.
In claim 1, lines 21-24, the portion of the claim reading “the free end of the elastic engagement piece on which the engagement claws are formed penetrates the cavity in a direction away from the wire routing material, thereby allowing the free end to elastically deform downward within the cavity” is unclear. As seen in figure 6 of the present application, when the free end(end of 3BK) penetrates the cavity(4h) by elastically deforming downward within the cavity, the free end penetrates the cavity in a direction towards the wire routing material(200), not away from the wire routing material as claimed. For the purposes of examination it was assumed the claim recited that the free end penetrates the cavity in a direction toward the wire routing material, as this is what was meant to be claimed per the examiner’s best understanding of the claimed invention.
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.
Claim(s) 1,2,4 and 5 are rejected under 35 U.S.C. 102(a)(1)/(a)(2) as being anticipated by Wakabayashi et al.(US7316375).
[claim 1] Wakabayashi teaches a binding member(20), comprising a belt portion(12) and a buckle portion(13) in an integral manner, the belt portion winding around an outer periphery of an elongated wire routing material(fig 7), the buckle portion allowing the belt portion to be inserted from a distal end of the belt portion in a belt insertion hole(24) and be fixed, wherein the buckle portion has an upper-surface portion disposed on an upper side(lower side in figure 1), a lower-surface portion disposed on a lower side(upper side in fig 1), and lateral-surface portions disposed on right and left sides of the belt insertion hole(as seen in fig 1), the lower-surface portion includes an elastic engagement piece(26) that extends from an entrance side toward an exit side of the belt insertion hole, and is supported in a cantilevered manner(fig 1) so that a distal end of the extending elastic engagement piece is a free end, and on which engagement claws(27) protruding upward are formed on the free-end side, engagement grooves(22) that engage with the engagement claws in a direction opposite to a belt insertion direction when the belt portion is inserted from the entrance side in the belt insertion hole, are continually formed on the belt portion so as to be arranged in a belt longitudinal direction(fig 2), a proximal end of the belt portion branches into right and left(12a) portions so as to create a cavity(21) therebetween, and the proximal end branched on both the right and the left is connected to the lower surface portion of the buckle portion(fig 1), and the elastic engagement piece is provided so as to extend beyond a connecting position between the belt portion and the lower surface portion of the buckle portion in the belt insertion direction of the belt insertion hole, and the free end of the elastic piece on which the engagement claws are formed penetrates the cavity in a direction towards(see claim interpretation in 112 rejection above) the wire routing material(up in claims 1 and 2), thereby allowing the free end to elastically deform downward within the cavity(if arranged such that the buckle portion was vertically above the wire routing material) within the cavity when the belt portion is fixed to the buckle portion(fig 1,2).
[claim 2] wherein a lowest surface of the buckle portion(upper central portion of 13) is formed so as to include and be flush with a lower surface of the elastic engagement piece(fig 1).
[claim 4] wherein the lateral-surface portion has a protrusion(29) formed so as to protrude outward.
[claim 5] when the belt portion is fixed to the buckle portion, the engagement claws of the elastic engagement piece are configured to engage with the engagement grooves of the belt portion, which are inserted into the belt insertion hole, at a position beyond the cavity(as seen in figure 6, the claws engage the engagement grooves at a position beyond the cavity in the vertical direction).
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.
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 3 is rejected under 35 U.S.C. 103 as being unpatentable over Wakabayashi as applied to claim 1 above, and further in view of Mailey(US5337983).
[claim 3] Wakabayashi teaches a binding member as detailed above with an engaging portion(15) for assembly into a vehicle-body side(C1 L9-11). Wakabayashi however may not teach two sets of the binding members, each comprising a belt portion and a buckle portion, with said buckle portions formed so as to be arranged such that the belt insertion directions are parallel to each other, and the belt portions are formed so as to extend downward from the lower surfaces of the buckle portions, respectively, and the engaging portion being formed so as to protrude upward on a plate-shaped connecting portion that connects lateral surfaces facing each other of the two buckle portions. Mailey teaches a similar binding member, and further an embodiment(fig 5) where two buckle portions are formed on either end of a plate shaped connecting portion(112), with the belt insertion directions being parallel to each other, and an engaging portion(130) protruding upward on the plate-shaped connecting portion. It would have been obvious to one of ordinary skill in the art as of the effective filing date to use a plate-shaped connecting portion, such as taught by Mailey, to join two buckle portions and two belt portions, as this would provide additional support to wire routing material supported by the binding member, as taught by Mailey.
Response to Arguments
Applicant's arguments filed 5/8/26 have been fully considered but they are not persuasive. Applicant argues that Wakabayashi(US7316375) does not teach an elastic piece that enters the through hole(cavity 21) of the band portion in an elastically deformed state(see remarks dated 5/8/26, page 9). The examiner disagrees. With reference to figure 1 of Wakabayashi, the elastic piece(26) is formed by a pair of slits(25 C7 L3-5) which are formed by the walls of the cavity(21), allowing the elastic piece(26) to elastically deform into the cavity(C7 L5-9).
Conclusion
THIS ACTION IS MADE FINAL. 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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRADLEY H DUCKWORTH whose telephone number is (571)272-2304. The examiner can normally be reached M-F 9:30-6.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Terrell McKinnon can be reached at 5712724979. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/BRADLEY DUCKWORTH/Primary Examiner, Art Unit 3632
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