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`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMIVHSSIONER FOR PATENTS
`P.O. Box 1450
`Alexandria1 Virginia 22313-1450
`www.uspto.gov
`
`
`
`
`
`14/240,557
`
`02/24/2014
`
`Naoki Yonezawa
`
`WASHB—52278
`
`1009
`
`05/23/2016 —PEARNE&GORDON LLP m
`7590
`52054
`1801 EAST 9TH STREET
`MAYO 11L WILLIAM H
`SUITE 1200
`CLEVELAND, OH 441 14-3 108
`
`PAPER NUMBER
`
`ART UNIT
`2847
`
`NOTIFICATION DATE
`
`DELIVERY MODE
`
`05/23/2016
`
`ELECTRONIC
`
`Please find below and/or attached an Office communication concerning this application or proceeding.
`
`The time period for reply, if any, is set in the attached communication.
`
`Notice of the Office communication was sent electronically on above—indicated "Notification Date" to the
`following e—mail address(es):
`
`patdocket @ pearne.c0m
`jcholley @pearne.c0m
`
`PTOL—90A (Rev. 04/07)
`
`

`

`
`
`Applicant(s)
`Application No.
` 14/240,557 YONEZAWA ET AL.
`
`Examiner
`Art Unit
`AIA (First Inventorto File)
`Office Action Summary
`
`WILLIAM H. MAYO III first“ 2847
`
`-- The MAILING DA TE of this communication appears on the cover sheet with the correspondence address --
`Period for Reply
`
`A SHORTENED STATUTORY PERIOD FOR REPLY IS SET TO EXPIRE g MONTHS FROM THE MAILING DATE OF
`THIS COMMUNICATION.
`Extensions of time may be available under the provisions of 37 CFR1. 136(a).
`after SIX () MONTHS from the mailing date of this communication.
`If NO period for reply is specified above, the maximum statutory period will apply and will expire SIX (6) MONTHS from the mailing date of this communication.
`Failure to reply within the set or extended period for reply will, by statute, cause the application to become ABANDONED (35 U.S.C. § 133).
`Any reply received by the Office later than three months after the mailing date of this communication, even if timely filed, may reduce any
`earned patent term adjustment. See 37 CFR 1.704(b).
`
`In no event, however, may a reply be timely filed
`
`-
`-
`
`Status
`
`
`1)IXI Responsive to communication(s) filed on November 11 2015.
`[I A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/were filed on
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`2b)lX| This action is non-final.
`a)I:| This action is FINAL.
`3)I:I An election was made by the applicant in response to a restriction requirement set forth during the interview on
`
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`; the restriction requirement and election have been incorporated into this action.
`
`4)|:I Since this application is in condition for allowance except for formal matters, prosecution as to the merits is
`closed in accordance with the practice under EX parte Quay/e, 1935 CD. 11, 453 O.G. 213.
`
`Disposition of Claims*
`5)|XI Claim(s) L8is/are pending in the application.
`5a) Of the above claim(s)
`is/are withdrawn from consideration.
`6)|:l Claim(s) _ is/are allowed.
`7)IZ| Claim(s)_5-8is/are rejected.
`8)I:I Claim(s)_ is/are objected to.
`
`9)|:l Claim((s)
`are subject to restriction and/or election requirement.
`* If any claims have been determined allowable, you may be eligible to benefit from the Patent Prosecution Highway program at a
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`participating intellectual property office for the corresponding application. For more information, please see
`
`
`
`://www.usoto. ov/ atents/init events"
`h/index.‘s , orsend an inquiry to PF"I-Ifeedback{<‘buspto.qov.
`
`htt
`
`Application Papers
`
`10)I:I The specification is objected to by the Examiner.
`11)|:I The drawing(s) filed on _ is/are: a)I:I accepted or b)I:I objected to by the Examiner.
`Applicant may not request that any objection to the drawing(s) be held in abeyance. See 37 CFR 1.85(a).
`
`Replacement drawing sheet(s) including the correction is required if the drawing(s) is objected to. See 37 CFR 1.121 (d).
`
`Priority under 35 U.S.C. § 119
`12)IZI Acknowledgment is made of a claim for foreign priority under 35 U.S.C. §119(a)-(d) or (f).
`Certified copies:
`
`b)I:I Some” c)I:I None of the:
`a)le All
`1.IZI Certified copies of the priority documents have been received.
`2.I:I Certified copies of the priority documents have been received in Application No.
`3.|:I Copies of the certified copies of the priority documents have been received in this National Stage
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`application from the International Bureau (PCT Rule 17.2(a)).
`** See the attached detailed Office action for a list of the certified copies not received.
`
`Attachment(s)
`
`
`
`3) D Interview Summary (PT0_413)
`1) E Notice of References Cited (PTO-892)
`Paper No(s)/Mai| Date.
`.
`.
`—
`4) I:I Other'
`2) E InformatIon DIscIosure Statement(s) (PTO/SB/08a and/or PTO/SB/08b)
`Paper No(s)/Mai| Date 11/15/15.
`US. Patent and Trademark Office
`PTOL-326 (Rev. 11-13)
`
`Office Action Summary
`
`Part of Paper No./Mai| Date 20160518
`
`

`

`Application/Control Number: 14/240,557
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`Page 2
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`Art Unit: 2847
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`DETAILED ACTION
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`Notice of Pre-AIA or AIA Status
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`1.
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`The present application is being examined under the pre-AIA first to invent
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`provisions.
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`Information Disclosure Statement
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`2.
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`The information disclosure statement filed November 11, 2015 has been
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`submitted for consideration by the Office.
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`It has been placed in the application file and
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`the information referred to therein has been considered.
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`Claim Rejections - 35 USC § 103
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`3.
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`The following is a quotation of pre-AIA 35 U.S.C. 103(a) which forms the basis
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`for all obviousness rejections set forth in this Office action:
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`(a) A patent may not be obtained though the invention is not identically disclosed or described
`as set forth in section 102 of this title, if the differences between the subject matter sought to
`be patented and the prior art are such that the subject matter as a whole would have been
`obvious at the time the invention was made to a person having ordinary skill in the art to which
`said subject matter pertains. Patentability shall not be negatived by the manner in which the
`invention was made.
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`4.
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`The factual inquiries set forth in Graham v. John Deere 00., 383 U.S. 1, 148
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`USPQ 459 (1966), that are applied for establishing a background for determining
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`obviousness under pre-AIA 35 U.S.C. 103(a) are summarized as follows:
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`1. Determining the scope and contents of the prior art.
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`2. Ascertaining the differences between the prior art and the claims at issue.
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`

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`Application/Control Number: 14/240,557
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`Page 3
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`Art Unit: 2847
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`3. Resolving the level of ordinary skill in the pertinent art.
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`4. Considering objective evidence present in the application indicating
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`obviousness or nonobviousness.
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`5.
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`This application currently names joint inventors. In considering patentability of the
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`claims under pre-AlA 35 U.S.C. 103(a), the examiner presumes that the subject matter
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`of the various claims was commonly owned at the time any inventions covered therein
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`were made absent any evidence to the contrary. Applicant is advised of the obligation
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`under 37 CFR 1.56 to point out the inventor and invention dates of each claim that was
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`not commonly owned at the time a later invention was made in order for the examiner to
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`consider the applicability of pre-AlA 35 U.S.C. 103(c) and potential pre-AlA 35 U.S.C.
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`102(e), (f) or (g) prior art under pre-AlA 35 U.S.C. 103(a).
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`6.
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`Claims 5, 7, and 8 are rejected under pre-AlA 35 U.S.C. 103(a) as being
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`unpatentable over Applicant’s Own Admission of Prior Art (herein referred to as
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`AOAPA) in view of Legatti et al (Pat Num 6,292,337, herein referred to as Legatti).
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`Specifically, with respect to claim 5, AOAPA teaches in the Background Art Section of
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`the specification, that it is known to utilizing a power feeding cable for supplying
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`electrical power to a storage battery mounted in a mobile object, such as an electrical
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`vehicle, wherein the first conductor is connected to a positive electrode, a second
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`conductor is connected to a negative electrode, wherein each first and second
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`conductor is covered with an insulation (see Page 1, paragraph 2).
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`However, AOAPA doesn’t necessarily discloses a ground wire that is arranged
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`between the first conductor and the second conductor; a third insulator that covers the
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`

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`Application/Control Number: 14/240,557
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`Page 4
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`Art Unit: 2847
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`ground wire; and a fourth insulator that covers the first conductor, the second conductor,
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`the first insulator, the second insulator, the ground wire, and the third insulator; wherein:
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`the third insulator is configured so that a longest straight line connecting two points on
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`an outer periphery of the third insulator traverses two imaginary tangential lines which
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`each contact an outer periphery of the first conductor and an outer periphery of the
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`second conductor and which do not cross each other between the first conductor and
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`the second conductor, on a cross section orthogonal to an axis of the cable; and the
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`ground wire is configured so that a longest straight line connecting two points on an
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`outer periphery of the ground wire traverses the two imaginary tangential lines on the
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`cross section orthogonal to the axis of the cable (claim 5), nor the third insulator is
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`configured so that a straight line connecting two points on the outer periphery of the
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`third insulator does not cross the two imaginary tangential lines, the straight line being
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`orthogonal to the longest straight line connecting the two points on the outer periphery
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`of the third insulator (claim 7), nor the third insulator is configured so that the straight
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`line does not cross the two imaginary tangential lines (claim 8).
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`Legatti teaches a power cable (Figs 4 & 5) capable of supplying electrical power
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`that protects against leakage currents and arcing (Col 2, lines 65-68). Specifically, with
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`respect to claim 5, Legatti discloses a cable (Fig 4) comprising a first conductor (15) that
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`is capable of being connected to a positive electrode (positive side of power supply), a
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`second conductor (17) that is capable of being connected to a connected to a negative
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`electrode (negative side of power supply 81); a first insulator (71) that covers the first
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`conductor (15), a second insulator (73) that covers the second conductor (17), a
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`

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`Application/Control Number: 14/240,557
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`Page 5
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`Art Unit: 2847
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`ground wire (i.e. sensing wire 19 may be utilized as ground line, Col 7, lines 23-31) that
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`is arranged between the first conductor (15) and the second conductor (17); a third
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`insulator (75) that covers the ground wire (19), and a fourth insulator (69) that covers
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`the first conductor (15), the second conductor (17), the first insulator (71 ), the second
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`insulator (73), the ground wire (19) and the third insulator (75),
`
`
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`wherein the third insulator (75) is configured so that a longest straight line (dotted
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`line extending vertically from the top to bottom of 19) connecting two points on an outer
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`periphery of the third insulator (75) traverses two imaginary tangential lines (two dotted
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`lines extending horizontally at the top and bottom of conductors 15 & 17), which each
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`contact an outer periphery of the first conductor (15) and an outer periphery of the
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`second conductor (17) and which do not cross each other between the first conductor
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`(15) and the second conductor (17), on a cross section orthogonal to an axis of the
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`cable (see above illustration of Fig 4); and the ground wire (19) is configured so that a
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`

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`Application/Control Number: 14/240,557
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`Page 6
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`Art Unit: 2847
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`longest straight line (dotted line extending vertically from the top to bottom of 19)
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`connecting two points on an outer periphery of the ground wire (19) traverses the two
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`imaginary tangential lines (two dotted lines extending horizontally at the top and bottom
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`of conductors 15 & 17) on the cross section orthogonal to the axis of the cable (see
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`above illustration of Fig 4). With respect to claim 7, Legatti discloses that the third
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`insulator (75) is configured so that a straight line (dotted line extending horizontally from
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`the left side to the right side of 19) connecting two points on the outer periphery of the
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`third insulator (75) does not cross the two imaginary tangential lines (two dotted lines
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`extending horizontally at the top and bottom of conductors 15 & 17), wherein the
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`straight line (dotted line extending horizontally from the left side to the right side of 19)
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`being orthogonal to the longest straight line (dotted line extending vertically from the top
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`to bottom of 19) connecting the two points on the outer periphery of the third insulator
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`(75). With respect to claim 8, Legatti discloses that the third insulator (75) is configured
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`so that the straight line (dotted line extending horizontally from the left side to the right
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`side of 19) does not cross the two imaginary tangential lines (two dotted lines extending
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`horizontally at the top and bottom of conductors 15 & 17).
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`It would have been obvious to one having ordinary skill in the art of cables at the
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`time the invention was made to modify the cable of AOAPA to comprise the conductor
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`configuration as taught by Legatti because Legatti teaches that such a configuration
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`provides a power cable (Figs 4 & 5) capable of supplying electrical power that protects
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`against leakage currents and arcing (Col 2, lines 65-68), while providing separation
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`between the first and second conductors (Col 5, lines 14-18).
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`

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`Application/Control Number: 14/240,557
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`Page 7
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`Art Unit: 2847
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`7.
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`Claim 6 is rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over
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`AOAPA in view of Legatti (Pat Num 6,292,337), as applied to claim 5 above (herein
`
`referred to as modified AOAPA), further in view of Thompson (Pat Num 2,930,837).
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`Modified AOAPA teaches in the Background Art Section of the specification, that
`
`it is known to utilizing a power feeding cable for supplying electrical power to a storage
`
`battery mounted in a mobile object, such as an electrical vehicle, wherein the first
`
`conductor is connected to a positive electrode, a second conductor is connected to a
`
`negative electrode, wherein each first and second conductor is covered with an
`
`insulation (see Page 1, paragraph 2), as disclosed above with respect to claim 5.
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`Specifically, with respect to claim 6, modified AOAPA discloses that the third
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`insulator (19 of Legatti) is configured in a round shape in which the longest straight line
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`(dotted line extending vertically from the top to bottom of 19) connecting the two points
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`on the outer periphery of the third insulator (19) is the same length as the straight line
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`(dotted line extending horizontally from the left side to the right side of 19) connecting
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`two points on the outer periphery of the third insulator (19), wherein the straight line
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`(dotted line extending horizontally from the left side to the right side of 19) is orthogonal
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`to the longest straight line (dotted line extending vertically from the top to bottom of 19)
`
`connecting the two points on the outer periphery of the third insulator (19).
`
`However, modified AOAPA doesn’t necessarily disclose the third insulator being
`
`configured in a flat shape in which the longest straight line connecting two point on the
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`outer periphery of the third insulator is larger in length than a straight line connecting
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`two points on the outer periphery of the third insulator (claim 6).
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`

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`Application/Control Number: 14/240,557
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`Page 8
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`Art Unit: 2847
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`Thompson teaches a power cable (1 0, Fig 1) capable of supplying electrical
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`power (Col 1, lines 20-22), wherein the cable has improved physical properties such as
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`superior resistance to impact, compression, collaring and conductor separation (Col 1,
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`lines 15-19). Specifically, with respect to claim 6, Thompson teaches a power cable
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`(10, Fig 1) comprising first and second conductors (left and right 11), wherein both the
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`first and second conductors (left and right 11) are surrounded by insulation (left and
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`right 18), and a ground conductor (12) positioned therebetween (Col 1, lines 63-65),
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`wherein the ground conductor (12) is surrounded by an insulation (21) and has a
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`rectangular shape (Fig 1), wherein the third insulator (21) being configured in a flat
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`shape in which the longest straight line (imaginary line extending top to bottom of
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`insulating material 21) connecting two point on the outer periphery of the third insulator
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`(21) is larger in length than a straight line (imaginary line extending from left side to the
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`right side of insulating material 21) connecting two points on the outer periphery of the
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`third insulator (21 ).
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`With respect to claim 6, it would have been obvious to one having ordinary skill in
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`the art of cables at the time the invention was made to modify the power cable of
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`modified AOAPA to comprise the ground conductor having a rectangular shape
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`configuration as taught by Thompson because Thompson teaches that such a
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`configuration provides a power cable (10, Fig 1) capable of supplying electrical power
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`(Col 1, lines 20-22), wherein the cable has improved physical properties such as
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`superior resistance to impact, compression, collaring and conductor separation (Col 1,
`
`lines 15-19), while providing separation between the first and second conductors (Col 1,
`
`

`

`Application/Control Number: 14/240,557
`
`Page 9
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`Art Unit: 2847
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`lines 63-65) and since it is known that such shapes, such as rectangular, square, oval,
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`and ellipse are commonly utilized in ribbon/flat cables for the purpose of reduction is
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`size and space utilized and since it has been held that a change in form cannot sustain
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`patentability where involved is only extended application of obvious attributes from a
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`prior art.
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`In re Span-Deck Inc. vs. Fab-Con Inc. (CA 8, 1982) 215 USPQ 835.
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`Response to Arguments
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`8.
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`Applicant’s arguments with respect to claims 5-8 have been considered but are
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`moot because the arguments do not apply to any of the references being used in the
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`current rejection.
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`Conclusion
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`9.
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`The prior art made of record and not relied upon is considered pertinent to
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`applicant's disclosure. Please refer to the enclosed PTO-892 for the citation of relevant
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`prior art.
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`10.
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`Based on the new rejection, this action is a non-final rejection.
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`Communication
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`11.
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`Any inquiry concerning this communication or earlier communications from the
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`examiner should be directed to William H. Mayo lll whose telephone number is (571)-
`
`272-1978. The examiner can normally be reached on M-F 8:30am-6:00 pm (alternate
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`Fridays off).
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`

`

`Application/Control Number: 14/240,557
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`Page 10
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`Art Unit: 2847
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`If attempts to reach the examiner by telephone are unsuccessful, the examiner’s
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`supervisor, Timothy Thompson can be reached on (571) 272-2342 or (571) 272-2800
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`ext 31. The fax phone number for the organization where this application or proceeding
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`is assigned is 571 -273-8300.
`
`Information regarding the status of an application may be obtained from the
`
`Patent Application Information Retrieval (PAIR) system. Status information for
`
`published applications may be obtained from either Private PAIR or Public PAIR.
`
`Status information for unpublished applications is available through Private PAIR only.
`
`For more information about the PAIR system, see http://pair-direct.uspto.gov. Should
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`you have questions on access to the Private PAIR system, contact the Electronic
`
`Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a
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`USPTO Customer Service Representative or access to the automated information
`
`system, call 800-786-9199 (IN USA OR CANADA) or 571-272—1000.
`
`/Wi||iam H. Mayo |||/
`
`William H. Mayo Ill
`Primary Examiner
`Art Unit 2847
`
`WHM III
`
`May 18, 2016
`
`