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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on December 18, 2024 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
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 1-8 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 1 reads:
“the first cover is formed in a shape that covers the first insertion opening except for a part in the closed position,” and subsequently recites that: “the second cover is formed in a shape that covers the part of the first insertion opening…”The phrase “except for a part in the closed position” is unclear and fails to define with reasonable certainty what portion of the first insertion opening remains uncovered by the first cover. The claim provides no objective structural or spatial limitation identifying the location, extent, or boundaries of the recited “part.” It is therefore unclear whether “a part” refers to a predetermined portion of the first insertion opening, any portion left uncovered by the first cover, or some other portion associated with the closed position.Further, the placement of the phrase “in the closed position” renders it unclear whether that phrase modifies “covers,” “a part,” or the overall configuration of the first cover. The subsequent reference to “the part of the first insertion opening” provides antecedent basis but does not resolve the uncertainty regarding the structural identity and scope of that part.Accordingly, a person of ordinary skill in the art would not be able to determine with reasonable certainty the metes and bounds of the claimed relationship among the first cover, the uncovered portion of the first insertion opening, and the second cover.
Claims 2–8 depend directly or indirectly from claim 1 and do not cure this deficiency. Therefore, claims 2–8 are indefinite for the same reason.
-Claims 3 and 4 reads the phrase: “the second cover covers the first cover in the closed position when the second cover is in the closed position” is unclear. It is unclear whether the first cover is also in its closed position. Also, “covers” is vague. It could mean completely covers, overlaps, lies above, or merely shields. “Overlaps at least a portion of” may be more precise if that is the intended relationship.
-Claim 5 and 6 reads “a cutout portion that is fitted with the first cover in the closed position when the second cover is in the closed position”. It is unclear which cover is in the closes position. “fitted with” is also unclear. Does it mean engages, surrounds or holds the first cover?
Claims 7 and 8: the examiner suggests removing the word “itself”
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Graham et al. (US 5,828,006) teaches an electric power busway system that has multi-phase power bus bar conductors that are each housed within an individual duct. Takahashi et al. (US 2003/0159846) teaches an protector has a position adjuster with flexible portion that is provided in the body extending between two mounting units (lids). Arai et al. (US 2005/0217888) teaches a protector with two routing grooves and a cover.
Communication
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KRYSTAL ROBINSON whose telephone number is (571)272-9258. The examiner can normally be reached on 9-5 M-F.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Timothy Dole can be reached on (571)-272-2229. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/KRYSTAL ROBINSON/Examiner, Art Unit 2848
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