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 .
Application Status
Claims 1-20 are pending and have been examined in this application.
Claims 1-2, 12, 16 and 19 are currently amended; claims 3-11 and 20 are original; claims 13-15, 17 and 18 were previously presented.
Claims 1-20 are rejected herein.
Information Disclosure Statement
As of the date of this action, an information disclosure statement (IDS) has been filed on 01/16/2024 and reviewed by the Examiner.
Response to Arguments
Applicant’s arguments with respect to claims 1-20 have been considered but are moot based on the current rejection/interpretation of DeFrance, Annas and McKinnon necessitated by the amendment to the claims.
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 pre-AIA 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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1 and 7-11 are rejected under 35 U.S.C. 102(a)(1)/102(a)(2) as being anticipated by DeFrance (U.S. Pat. No. 20130067744 A1).
Regarding claim 1, DeFrance teaches a line spacer for installation onto lines, the spacer comprising:
an end portion (1) configured to transition between an open state (fig. 1) and a closed state (fig. 2);
a first mating portion (77);
a second mating portion (7) configured to mate with the first mating portion to maintain the end portion in the closed state, wherein the spacer is configured to be installed on a line of the lines when the end portion is associated with the line and maintained in the closed state [capable/intended use]; and
a linear actuator (20) operable for providing linear actuator forces in linear opposite directions; wherein a linear actuator force of the linear actuator forces causes relative movement of the first and second mating portions.
Regarding claim 7, DeFrance teaches wherein the second mating portion (7) is biased toward mating with the first mating portion (77).
Regarding claim 8, DeFrance teaches at least one of the first mating portion or the second mating portion comprises a linearly moving portion (horizontal portion of 7 and 77).
Regarding claim 9, DeFrance teaches the first mating portion (77) comprises a notch (notch 30A receiving 32A) and the second mating portion comprises a roller (32A).
Regarding claim 10, DeFrance teaches the spacer comprises a line clamp (receptacle defined by 7 and 77) that comprises a first portion (42 left) and a second portion (42 right), the first mating portion is associated with the first portion and the second mating portion is associated with the second portion.
Regarding claim 11, DeFrance teaches a second end portion (7) configured to transition between an open state and a closed state, wherein the second mating portion is configured to mate with the first mating portion (77) to maintain the second end portion in the closed state.
Claims 12-18 are rejected under 35 U.S.C. 102(a)(1)/102(a)(2) as being anticipated by Annas (U.S. Pat. No. 3743762).
Regarding claim 12, Annas teaches a line spacer for installation onto lines, the line spacer comprising:
a first line clamp (15 left, 16 left) actuatable between an open condition and a closed condition comprising a first clamp portion (15 left) and a second clamp portion (16 left);
a second line clamp (15 right, 16 right), actuatable between an open condition and a closed condition, comprising a third clamp portion (15 right) and a fourth clamp portion (16 right); and
a mechanism (34-36, 26), connected with the first line clamp and the second line clamp to simultaneously to actuate the first line clamp and the second line clamp,
wherein the mechanism includes mating segments (34, 35) that are linearly separated from each other when the first clamp and the second clamp are in the respective open conditions and that linearly move to engage each other when the first clamp and the second clamp are in the respective closed conditions.
Regarding claim 13, Annas teaches wherein the mechanism (34-36, 26) is connected to simultaneously move one of the first clamp portion and the second clamp portion.
Regarding claim 14, Annas teaches the mechanism (34-36, 26) simultaneously moves the first clamp portion and the third clamp portion.
Regarding claim 15, Annas teaches the first clamp portion (15 left) is in a closed condition position concurrent with the third clamp portion (15 right) being in a closed condition.
Regarding claim 16, Annas teaches wherein the mating segments (34, 15) include upwardly extending segments (from bottom to top).
Regarding claim 17, Annas teaches the mechanism (34, 15) includes a slider (26).
Regarding claim 18, Annas teaches wherein the mechanism includes a linear actuator (1c or 8).
Claims 19-20 are rejected under 35 U.S.C. 102(a)(1)/102(a)(2) as being anticipated by McKinnon (U.S. Pat. No. 6448503 B1).
Regarding claim 19, McKinnon teaches a line spacer for installation onto lines, the spacer comprising: a first end portion (1b) configured to transition between an open state and a closed state; a second end portion (2b) configured to transition between an open state and a closed state; and a mechanism (4) to place the first end portion in the closed state from the open state and to place the second end portion in the closed state from the open state, wherein the spacer is configured to be installed on a first line of the lines (lines between 1a, 1b and 2a, 2b) via the first end portion when the first end portion is associated with the first line and in the closed state and the spacer is installed on a second line of the lines via the second end portion when the second end portion is associated with the second line and in the closed state, and wherein the mechanism moves the first end portion, from the open state to the closed state, and the second end portion, from the open state to the closed state, relatively toward each other.
Regarding claim 20, McKinnon teaches a fixing feature (13) to keep the mechanism in a condition that maintains the first end portion in the closed state and the second end portion in the closed state (see Figs. 1-2 for configuration).
Allowable Subject Matter
Claims 2-6 would be allowable if rewritten to include all of the limitations of the base claim and any intervening claims.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See attached PTO-892.
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 MUHAMMAD IJAZ whose telephone number is (571)272-6280. The examiner can normally be reached M-F 11:00 am-10:00 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jonathan Liu can be reached at 5712728227. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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MUHAMMAD IJAZ
Primary Examiner
Art Unit 3631
/Muhammad Ijaz/ Primary Examiner, Art Unit 3631