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 .
Claim Rejections - 35 USC § 112
Claim 3, is 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 3 recites the limitation "the cap" in line 2. There is insufficient antecedent basis for this limitation in the claim. Appears claim 3, should depend form claim 2.
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.
Claim(s) 1,7 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Dotzer (DE 4439853 A1).
With respect to claim 1 Dotzer shows a closure enclosing and protecting at least one line splice holder (5), the closure comprising: a first housing (21) portion enclosing at least a portion of a hollow interior of the closure, the at least one line splice holder (5) being located within the hollow interior, the first housing (21) portion having a portal (28) through which plural lines extend into the hollow interior a second housing (19) portion, closing the hollow interior, actuatable with respect to the first housing (21) portion to provide an additional portion of the hollow interior, the additional portion of the hollow interior being a volume to receive additional of the at least one line splice holder (5); and a coupling (at 22) for connecting the second housing (19) portion to the first housing (21) portion.
With respect to claim 7 Dotzer shows wherein the second housing (19) portion is removed from the first housing (21) portion to provide a relatively smaller hollow interior of the closure and the second housing (19) portion is added to the first housing (21) portion for a relatively larger hollow interior of the closure.
Allowable Subject Matter
Claims 11-16,20, allowed.
Claims, 2,3, 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.
Response to Arguments
Applicant’s arguments with respect to pending claim(s) have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
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 SHAWN M BRADEN whose telephone number is (571)272-8026. The examiner can normally be reached M-F 8am-5pm.
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/SHAWN M BRADEN/ Primary Examiner, Art Unit 3736