DETAILED ACTION
Claims 1-20 are pending.
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 .
Election/Restrictions
Applicant's election with traverse of Invention II in the reply filed on February 23, 2026 is acknowledged. The traversal is on the ground(s) that the process steps recited imply a structural change. This is not found persuasive because although the product claim includes “heating the ripcord to a predefined temperature for a predetermined period of time” the specification provides no requirement for this to occur for the structure to be achieved. Rather the only factor that appears to be required is the entire ripcord reaching a given temperature. Thus, the structure of the product could be achieved by a different process, for example, the ripcord could be heated at an increasing temperature, rather than at a predefined temperature or could be heated at an undetermined amount of time, but rather the timing could be determined based on the internal temperature.
In a telephone interview on March 16, 2026 Mr. Lowe further selected Fig. 9, corresponding to claims 12, 13, 16 and 18-20. Claims 14, 15, and 17, directed to unelected Figs. 10 and 11 are withdrawn from consideration.
The requirement is still deemed proper and is therefore made FINAL.
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) because reference character “53” has been used to designate both first direction and first yarn. Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Specification
The disclosure is objected to because of the following informalities: numeral 53 has been utilized to refer to first yarn and first direction.
Appropriate correction is required.
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 12, 13, 16, and 18-20 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 pre-AIA the applicant regards as the invention.
Claim 12 recites “a method of forming a ripcord” and in line 4 recites “twisting the first and second strands together to form the ripcord” which appears to end the forming of “a ripcord”. The claim then goes on to describe further modification of “the ripcord” which appears to be a recitation of intended use. The ripcord is already formed, what occurs to the ripcord after its formation appears to be outside the bounds of the claim. The examiner believes that the claim should be referring to a ripcord precursor, and the precursor is heated, which then forms the ripcord, however that claim language is not present.
Claim 13 recites “winding the ripcord onto a spool”. It is unclear if this is referring to the finalized ripcord or the “pre-cursor” ripcord. If the former is intended, then the recitation is intended use.
Claim 16 recites “the ripcord” which creates confusion because it is unclear if this refers to the finished ripcord or the “pre-cursor” ripcord.
Regarding claim 20, claim 20 recites applying a coating over said ripcord. The claim is to a method of forming a ripcord, what is done to the rip cord after it is formed it outside of the bounds of the claim and is interpreted as an intended use. It is unclear when this step is supposed to occur.
The dependent claims inherit(s) the deficiency by nature of dependency.
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 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) 12, 13, 16, and 18-20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Dodge et al. (US 2343892).
Regarding claim 12, Dodge describes method of forming a ripcord for a cable comprising:
twisting a plurality of first textile yarns together to form a first strand (yarns twisted to form a strand 10, p. 2, col. 1, ll. 68-75, col. 2, 70-75);
twisting a plurality of second textile yarns together to form a second strand yarns twisted to form a strand 10, p. 2, col. 1, ll. 68-75, col. 2, 70-75);
twisting the first and second strands together to form the ripcord (yarns are twisted into a rope, p. 2, col. 2, ll. 18-25, p. 3, col. 1, ll. 1-5); and
(what follows is a recitation of intended use, what happens after the ripcord is formed is outside the bounds of the claim, although the examiner rejects the limitations below as if this refers to a precursor ripcord) heating the ripcord to a predefined temperature for a predetermined period of time (subjected to heat treatment, p. 2, col. 2, ll. 23-27), wherein a combination of the predefined temperature and the predetermined period of time ensures that all portions of the interior and exterior of the ripcord reach at least 70 degrees Celsius (heated at 160°F which is about 71°C for five minutes, which the examiner submits is inherently enough time for the internal temperature to be 70°C based on applicant’s disclosure stating that 60 degrees Celsius would be achieved in “a few minutes”, para. 037, furthermore Dodge also discusses that the twisted rope may be heated treated in boiling water, 100 °C for 15 minutes, p. 3, ll. 15-20, which the examiner submits would inherently be sufficient to change the temperature of the rope to 70°C absent persuasive evidence to the contrary) .
Regarding claim 13, Dodge describes the method according to claim 12, wherein the process further comprises:
(what follows is a recitation of intended use, what happens to the ripcord after formation is outside the bounds of the claim) winding the ripcord onto a spool (fully capable of being wound onto a spool).
Regarding claim 16, Dodge describes the method according to claim 13, wherein the process further comprises:
(what follows is a recitation of intended use, what happens to the ripcord after formation is outside the bounds of the claim language) inserting the spool with the ripcord thereon into an oven, and wherein the heating the ripcord occurs within the oven (fully capable of being placed in an oven).
Regarding claim 18, Dodge describes the method according to claim 12, wherein (what follows is a recitation of intended use, the ripcord is fully capable of being heated for twelve hours) the predetermined temperature is at least 90 degrees Celsius (in boiling water, which is 100°C, p. 3, col. 1, ll. 15-20).
Regarding claim 19, Dodge describes the method according to claim 18, wherein (what follows is a recitation of intended use, the ripcord is fully capable of being heated for twelve hours) the predetermined period of time exceeds at least twelve hours.
Regarding claim 20, Dodge describes the method according to claim 12, wherein the process further comprises:
(what follows is a recitation of intended use, what happens to the ripcord after it is formed is outside the bounds of the claim) applying a coating over said ripcord and wherein said coating is a hygroscopic coating or includes SAP materials (fully capable of being coated).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Pourladian (US 6260343) would be utilized in further actions if the claims were re-written to recites a ripcord “precursor”. Pourladian describes that it is well known to heat ropes on spools for “batch-type heating” (col. 3, ll. 30-32). Khanderlwal et al. (US 20240301170) would be utilized for the particular timing if the claim language is amended to “precursor” or similar.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PATRICK J LYNCH whose telephone number is (571)272-1145. The examiner can normally be reached on M-Th, Alt F: 8:00 AM-5:00 PM ET.
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, Clint Ostrup can be reached on 571-272-5559. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/PATRICK J. LYNCH/Primary Examiner, Art Unit 3732
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