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 § 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 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) 1 – 7 are rejected under 35 U.S.C. 103 as being unpatentable over Hernandez (US 2013/0015288 A1) in view of Plummer (US 4,944,976).
Regarding Claim 1, Hernandez (US 2013/0015288 A1) discloses a wire harness wiring structure (Fig 8-9) comprising: a wire harness (20; [0015] “wire bundles”) including a wiring member (22; [0015] “wire bundles”) and an exterior member (24) configured with a sheet member (28,26; see Fig 8 showing a unitary member 24; see Fig 8-9 and Fig 2 showing 20 is a continuous flat structure shaped into an article with folds and bends) and attached to the wiring member (22); and a groove (42,46) provided in a body of a vehicle ([0020,0027] “within vehicular framework”) and formed along a wiring path (path of 22) of the wire harness, wherein the exterior member (24) includes: a body portion (portion of 30) (formed by bending) the sheet member (28,26) into a cylindrical shape (see Fig 9) and through which the wiring member (22) can be inserted; an engaging portion (portion about 38); and a protrusion (28) (formed by bending) the sheet member (28,26) outward and having a shape protruding (28 protrudes down from 28 in Fig 9) from the body portion (30), and the protrusion (28) is inserted (see Fig 9) into the groove (46) and fitted into the groove (46) in a state of being elastically deformed (see Fig 9 showing 40 formed into 46; [0005,0018] “spring” “resilient”) in accordance with a shape of the groove (46).
Though Hernandez discuses passing wire bundles, Hernandez does not explicitly disclose a wire harness including a wiring member having conductivity. Hernandez also does not disclose an engaging portion capable of engaging ends of the sheet member with each other in a state where the body portion is formed.
Plummer (US 4,944,976) teaches of a wire harness wiring structure (Fig 1-6) comprising: a wire harness (15; Column 4, lines 13-23 “electrical conductors”) including a wiring member (15) having conductivity and an exterior member (10) configured with a sheet member (Column 4, line 2; “sheet”; see Fig 1-6 showing 10 is a continuous flat structure shaped into an article with folds and bends) and attached to the wiring member (15); wherein the exterior member (10) includes: a body portion (portion of 10) (formed by bending) the sheet member (10) into a cylindrical shape (see Fig 2) and through which the wiring member (15) can be inserted; an engaging portion (12,11) capable of engaging ends of the sheet member (10) with each other in a state where the body portion (portion of 10) is formed; and in a state of being elastically (Column 3, lines 23-34,Column 4, lines 13-68; “elasticity”).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the structure as disclosed by Hernandez, comprising a wire harness including a wiring member having conductivity as taught by Plummer, in order to provide a means of electrical conduction (Plummer, Column 1, lines 5-14) and as this could provide supply or transfer of electrical power or signal within a vehicle. It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the structure as disclosed by Hernandez, comprising an engaging portion capable of engaging ends of the sheet member with each other in a state where the body portion is formed as taught by Plummer, in order to provide a means of holding the seam, provide a means of locking, provide mechanical protection, electrical shielding and environmental sealing (Plummer, Column 1, lines 15-40, Column 4, lines 36-68).
Claim 1 states “capable of engaging ends of the sheet member with each other in a state where the body portion is formed”; however it has been held that the recitation that an element is “capable of” performing a function is not a positive limitation but only requires the ability to so perform. It does not constitute a limitation in any patentable sense. In re Hutchinson, 69 USPQ 138.
Claim 1 states “formed by bending” but “formed by bending” does not represent product structure but only refers to the process by which the structure is formed. Thus Claim 1 is a product claim that recites a process step(s) of bending and is thus treated as a product-by-process claim. See MPEP 2113.
Regarding Claim 2, Hernandez in view of Plummer teaches the limitations of the preceding claim, including the protrusion and groove and Plummer further teaches the wire harness wiring structure (Fig 1-6) according to claim 1, wherein the engaging portion (12,11) is configured to be able to release (Column 2, lines 14-26 “removable jacket”) an engagement state with the protrusion (as taught by Hernandez) fitted into the groove (as taught by Hernadez).
Regarding Claim 3, Hernandez in view of Plummer teaches the limitations of the preceding claim and Hernandez further teaches the wire harness wiring structure (Fig 8-9) according to claim 1, wherein the engaging portion (portion about 38) and the protrusion (28) are provided at positions facing each other along a fitting direction (up-down direction in Fig 9) of the protrusion (28) with respect to the groove (46).
Regarding Claim 4, Hernandez in view of Plummer teaches the limitations of the preceding claim and Hernandez further teaches the wire harness wiring structure (Fig 8-9) according to claim 2, wherein the engaging portion (as taught by Plummer) and the protrusion (28) are provided at positions facing each other along a fitting direction (up-down direction in Fig 9) of the protrusion (28) with respect to the groove (46).
Regarding Claims 5 and 6, Hernandez in view of Plummer teaches the limitations of the preceding claim and Hernandez further teaches the wire harness wiring structure (Fig 8-9) according to claims 1 and 2, wherein the protrusion (28) includes a pair of wall portions (portions of 40,40) formed to protrude from the body portion (portion of 30) along a fitting direction with respect to the groove, and a connecting wall portion (portion of 39) connecting the wall portions (portion of 40) to each other.
Hernandez does not explicitly disclose vertical wall portions.
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the structure as taught by Hernandez in view of Plummer, comprising vertical wall portions, since it has been held that a modification would have involved a mere change in shape of a component, in order to reduce manufacturing complexities and simplify the shape of the protrusion for easing manufacturing, In re Dailey, 357 F.2d 669, 149 USPQ 47 (CCPA 1966) (The court held that the configuration of the claimed disposable plastic nursing container was a matter of choice which a person of ordinary skill in the art would have found obvious absent persuasive evidence that the particular configuration of the claimed container was significant.). Where the instant specification and evidence of record fail to attribute any significance (novel or unexpected results) to a particular shape, a change in shape is generally recognized as being within the level of ordinary skill in the art. Please note that in the instant application, pages 10 - 11, Applicant has not disclosed any criticality for the claimed limitations.
Regarding Claim 7, Hernadez discloses a wire harness (Fig 8-9) comprising: a wiring member (22; [0015] “wire bundles”); and an exterior member (24) configured with a sheet member (28,26; see Fig 8 showing a unitary member 24; see Fig 8-9 and Fig 2 showing 20 is a continuous flat structure shaped into an article with folds and bends) and attached to the wiring member (22), wherein the exterior member (24) includes: a body portion (portion of 30) (formed by bending) the sheet member (28,26) into a cylindrical shape (see Fig 9) and through which the wiring member (22) can be inserted; an engaging portion (portion about 38); and a protrusion (28) (formed by bending) the sheet member (28,26) outward and having a shape protruding (28 protrudes down from 28 in Fig 9) from the body portion (30), and the protrusion (28) is inserted (see Fig 9) into a groove (46) provided in a body of a vehicle ([0020,0027] “within vehicular framework”) and formed along a wiring path (path of 22), and fitted into the groove (46) in a state of being elastically deformed (see Fig 9 showing 40 formed into 46; [0005,0018] “spring” “resilient”) in accordance with a shape of the groove (46).
Though Hernandez discuses passing wire bundles, Hernandez does not explicitly disclose a wire harness including a wiring member having conductivity. Hernandez also does not disclose an engaging portion capable of engaging ends of the sheet member with each other in a state where the body portion is formed.
Plummer (US 4,944,976) teaches of a wire harness wiring structure (Fig 1-6) comprising: a wire harness (15; Column 4, lines 13-23 “electrical conductors”) including a wiring member (15) having conductivity and an exterior member (10) configured with a sheet member (Column 4, line 2; “sheet”; see Fig 1-6 showing 10 is a continuous flat structure shaped into an article with folds and bends) and attached to the wiring member (15); wherein the exterior member (10) includes: a body portion (portion of 10) (formed by bending) the sheet member (10) into a cylindrical shape (see Fig 2) and through which the wiring member (15) can be inserted; an engaging portion (12,11) capable of engaging ends of the sheet member (10) with each other in a state where the body portion (portion of 10) is formed; and in a state of being elastically (Column 3, lines 23-34,Column 4, lines 13-68; “elasticity”).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the structure as disclosed by Hernandez, comprising a wire harness including a wiring member having conductivity as taught by Plummer, in order to provide a means of electrical conduction (Plummer, Column 1, lines 5-14) and as this could provide supply or transfer of electrical power or signal within a vehicle. It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the structure as disclosed by Hernandez, comprising an engaging portion capable of engaging ends of the sheet member with each other in a state where the body portion is formed as taught by Plummer, in order to provide a means of holding the seam, provide a means of locking, provide mechanical protection, electrical shielding and environmental sealing (Plummer, Column 1, lines 15-40, Column 4, lines 36-68).
Claim 7 states “capable of engaging ends of the sheet member with each other in a state where the body portion is formed”; however it has been held that the recitation that an element is “capable of” performing a function is not a positive limitation but only requires the ability to so perform. It does not constitute a limitation in any patentable sense. In re Hutchinson, 69 USPQ 138.
Claim 7 states “formed by bending” but “formed by bending” does not represent product structure but only refers to the process by which the structure is formed. Thus Claim 7 is a product claim that recites a process step(s) of bending and is thus treated as a product-by-process claim. See MPEP 2113.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: Dodge (US 7,784,745 B2) teaches of a wire harness wiring structure (Fig 8-9) comprising: an assembly (26,10) including a member (26) and an exterior member (10) configured with a member (30) and attached to the member (26); and a groove (at 20) provided in a body, wherein the exterior member (10) includes: a body portion (at 38,40) the sheet member into a cylindrical shape (see Fig 1) and through which the member (26) can be inserted; an engaging portion (48,50) capable of engaging ends of the sheet member with each other in a state where the body portion is formed; and a protrusion (68,70,86) the member (26) outward and having a shape protruding from the body portion, and the protrusion is inserted (see Fig 1) into the groove and fitted into the groove. This reference could be used in a future 103 Rejection.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ROSHN K VARGHESE whose telephone number is (571)270-7975. The examiner can normally be reached M-Th: 900 am-300 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Timothy Thompson can be reached at 571-272-2342. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ROSHN K VARGHESE/Primary Examiner, Art Unit 2847
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