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 .
The title of the invention is not descriptive. A new title is required that is clearly indicative of the invention to which the claims are directed.
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 5-6 and 15 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 5 recites the limitation "the wire" on lime 2. There is insufficient antecedent basis for this limitation in the claim.
Claim 15 recites the limitation "the wire" on lime 2. There is insufficient antecedent basis for this limitation in the claim.
The dependent claims not specifically addressed share the same indefiniteness as they depend from rejected base claims.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claim 1 is provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claim 18 of copending Application No. 19/065740 (reference application). Although the claims at issue are not identical, they are not patentably distinct from each other because the limitation of claim 18 of copending Application No. 19/065740 encompasses the limitation of the instant claim as follows:
Instant application SN# 19/065,561 copending Application No. 19/065740
1. A measurement sensor comprising: a housing; and a cable having a first end that extends from the housing and a free second end;wherein the housing comprises at least one resilient finger, and a socket that is defined, at least in part, by the at least one resilient finger, wherein the socket defines a central axis; wherein the free second end of the cable is receivable by the socket such that the at least one resilient finger engages the free second end of the cable to releasably retain the free second end of the cable within the socket; wherein the measurement sensor further comprises a locking member that is mounted to the housing, the locking member being moveable between an unlocked configuration and a locked configuration in which the locking member limits deformation of the at least one resilient finger.
18. A measurement sensor for measuring one or more characteristics of a conductor, the measurement sensor comprising: a cable having a first end that extends from the housing and a free second end; a housing that comprises a socket, the first end of the cable extending from the housing and the free second end of the cable being receivable by the socket; anda property band disposed about the housing, the property band comprising: a body that is configured to be mounted to the housing of the measurement sensor; and wherein the body comprises a coupling and wherein, in a first configuration of the coupling, the body is mountable to, or removable from, the housing, and, in a second configuration of the coupling, removal of the body from the housing is prevented.
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
Claim Rejections - 35 USC § 102
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.
Claims 1-4,7,10-14,16 and 18-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Yutaka (JP2017003535(A)).
As to claim 1. Yutaka discloses a measurement sensor as shown in figures 1-6 comprising: a housing (12); and a cable (2) having a first end (2b) that extends from the housing(12) and a free second end (2b) ; wherein the housing comprises at least one resilient finger (31d,43a), and a socket (13) that is defined, at least in part, by the at least one resilient finger(31d,43a), wherein the socket defines a central axis; wherein the free second end (2a) of the cable (2) is receivable by the socket (13) such that the at least one resilient finger (31a) engages the free second end (2a) of the cable to releasably retain the free second end (2a) of the cable within the socket (13); wherein the measurement sensor further comprises a locking member (14) that is mounted to the housing (12), the locking member (14) being moveable between an unlocked configuration and a locked configuration in which the locking member (14) limits deformation of the at least one resilient finger (31d,43a).
As to claim 2, Yutaka discloses a measurement sensor as mentioned in claim 1, wherein the locking member (14) comprises at least one radially inward protrusion (42) that limits radially outward deformation of the at least one resilient finger (31d,43a) when the locking member(14) is in the locked configuration.
As to claim 3, Yutaka discloses a measurement sensor as mentioned in claims 1-2, wherein, in the unlocked configuration, a radial distance from the central axis to a radially outer surface of the at least one finger is greater than or equal to a radial distance from the central axis to a radially inner surface of the at least one protrusion.
As to claim 4, Yutaka discloses a measurement sensor as mentioned in claim 1, wherein, the free second end (2a) of the cable (2) is receivable by the socket (13) such that the at least one resilient finger (31d,43a) interlocks with the free second end (2a) of the cable (2).
As to claim 7, Yutaka discloses a measurement sensor as mentioned in claim 1,wherein, with the locking member (14) in the unlocked configuration, during insertion of the free second end of the cable, the at least one resilient finger (31d,43a) is configured to deform radially outwardly.
As to claim 10, Yutaka discloses a measurement sensor as mentioned in claim 1, wherein the housing (12) further comprises a detent (22,21) for holding the locking member (14)in the locked configuration.
As to claim 11, Yutaka discloses a measurement sensor as mentioned in claims 1 and 10, wherein the locking member (14) is moveable between the unlocked configuration and the locked configuration upon exertion of a predetermined load.
As to claim 12, Yutaka discloses a measurement sensor as mentioned in claims 1 and 10, wherein, when moving between the unlocked configuration and the locked configuration, the locking member translates along and rotates about the central axis.
As to claim 13, Yutaka discloses a measurement sensor as mentioned in claim 1, wherein the at least one resilient finger (31d) as shown in figure 5 defined in cross-section, a segment of a circle,
As to claim 14, Yutaka discloses a measurement sensor as mentioned in claim 1, wherein the at least one resilient finger (31d,43a) comprises a plurality of resilient fingers.
As to claim 16, Yutaka discloses a measurement sensor as mentioned in claims 1-3, wherein, with the locking member (14) in the unlocked configuration, during insertion of the free second end (2a) of the cable (2), the at least one resilient finger (31d,43a) is configured to deform radially outwardly.
As to claim 18, Yutaka discloses a measurement sensor as mentioned in claim 1-3, wherein the housing further comprises a detent (21,22) as shown in figure 4 for holding the locking member (14) in the locked configuration.
As to claim 19, Yutaka discloses a measurement sensor as mentioned in claims 1-3, wherein the at least one resilient finger (31d) as shown in figure 5 defines, in cross-section, a segment of a circle, and wherein the at least one resilient finger (31d) comprises a plurality of resilient fingers.
As to claim 20, Yutaka discloses a locking member (14) for a measurement sensor
comprising a housing (12) having at least one finger (31d) that defines, at least in part, a socket (13), the locking member (14) being mountable to the housing (12) and being moveable, in use, between an unlocked configuration and a locked configuration in which the locking member limits deformation of the at least one resilient finger (31d).
Allowable Subject Matter
Claims 8-9 and 17 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.
The prior art does not disclose an elastic member that is disposed about the at least one resilient finger, the elastic member being configured to urge the at least one resilient finger radially inwards as recited in claim 8 and in combined with other claimed elements as recited in claim 1. Claim 9 depends from objected claim 8, it is also objected to.
The prior art does not disclose an elastic member that that is disposed about the at least one resilient finger, the elastic member being configured to urge the at least one resilient finger radially inwards.as recited in claim 17 and in combined with other claimed elements as recited in claims 1-3.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Wolfe et al (Pat# 7,570,045) disclose Attachment Device And Method For Fastening Electrical Cable Monitoring Instruments To Electrical Cables.
Fernandes (Pat# 5,029,101) discloses High Voltage Conductor Mounted Line Powered Monitoring System.
Cui et al (Pat# 11,016,249) disclose Fiber Optical Connector.
Hayward et al (Pat# 7,250,756) disclose Flexible Sensor Input Assembly
Any inquiry concerning this communication or earlier communications from the examiner should be directed to VINH P NGUYEN whose telephone number is (571)272-1964. The examiner can normally be reached M-F 6:00am-4:00pm.
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, Phan Huy can be reached on 571-272-7924. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/VINH P NGUYEN/Primary Examiner, Art Unit 2858
Prosecution Insights