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 .
Response to Amendment
Applicant’s response and amendment dated 6/22/26 are acknowledged and entered. Claim 4 is cancelled. Claims 1-3 and 5-7 are pending.
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 1-2 and 6 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Albrecht (English machine translation of EP 2103561A2, previously cited).1 2 Regarding claim 1, Albrecht teaches an RFID tag, comprising: an inlay that has a long shape (paragraph 0036: transponder 12) and has: a semiconductor element (paragraph 0005: integrated circuit); a substrate with an antenna pattern (paragraph 0005: antenna), which is formed to be connected to the semiconductor element (paragraph 0005: integrated circuit); and a protective member, which protects both surfaces of the substrate in a thickness direction (paragraph 0036: carrier element 11); and a tube member having elasticity and having the inlay housed therein from one end portion to another end portion of the inlay in a longitudinal direction, wherein the inlay has a size formed to be smaller than an inner diameter of the tube member, the size being in a lateral direction of the inlay, and has an engagement portion, which is formed at the other end portion of the inlay in the longitudinal direction, the engagement portion having been extended in the lateral direction of the inlay and engaging with an inner surface of the tube member (paragraph 0036: central cavity 15), and the tube member has a cross sectional shape that is formed in a flattened shape flattened in a thickness direction of the inlay (paragraph 0036: central cavity 15).3 Regarding claim 2, Albrecht teaches the engagement portion has an inclined surface, which is formed to be inclined with respect to the longitudinal direction of the inlay, the inclined surface being at an end of the engagement portion, the end being near the one end portion (paragraph 0024), and the inclined surface is inclined to form an obtuse angle to an outer peripheral surface of the engagement portion, the outer peripheral surface extending along the inner surface of the tube member (paragraph 0024). Regarding claim 6, Albrecht teaches the engagement portion is formed on both sides of the inlay in the lateral direction (paragraph 0036: central cavity 15).
Allowable Subject Matter
Claims 3, 5, and 7 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 cited art fails to disclose the particular structure of the inlay as recited in these claims.
Response to Arguments
Applicant's arguments filed 6/22/26 have been fully considered but they are not persuasive. Applicant argues that the cited art fails to disclose “the tube member has a cross sectional shape that is formed in a flattened shape flattened in a thickness direction of the inlay.” Applicant’s Remarks dated 6/22/26, pages 4-5. In particular, Applicant argues that “the sleeve 1 and the central cavity 15 have a cylindrical shape and not a flattened shape….” Id (italics in original). However, as shown in annotated Fig. 2a below, the shape of the sleeve and central cavity is flattened in the direction shown by the arrows in the figure. As a result, the cited art discloses this limitation and anticipates the claim.
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Applicant did not argue any other limitation or dependent claim, so the remaining limitations or dependent claims are either rejected or objected to for the reasons set forth above.
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 MATTHEW MIKELS whose telephone number is (571)270-5470. The examiner can normally be reached Monday to Thursday 7:30 AM ET - 5:00 PM ET, Friday 7:30 AM ET - 9:30 AM ET, the Examiner is on central time.4
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Thomas K Pham can be reached at 571-272-3689. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MATTHEW MIKELS/Primary Examiner, Art Unit 2876
1 See Non-patent literature dated 3/20/26. Original document is the foreign reference dated 3/20/26.
2 In addition to the cited portions, please see also the associated figures.
3 See also additional discussion below.
4 The Examiner can also be reached at matthew.mikels@uspto.gov.
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