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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on January 21, 2026 has been entered.
Claim Objections
3. Claim 10 is objected to because of the following informalities:
Claim 10 line 3, change “between the to the second end of the grommet” to
--between the annular groove to the second end of the grommet-- . Appropriate correction is required.
Claim Rejections - 35 USC § 102
4. 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 1-12 are rejected under 35 U.S.C. 102 (a)(1) as being anticipated by Byerly et al (US 5,071,143; hereinafter Byerly).
Regarding claim 1, Byerly discloses a pass-through apparatus suitable (10) for use in a lighting assembly, wherein the pass-through apparatus (10) comprises: a cylindrical conduit (16) of a length suitable for extending from a first position within an inside environment on a first side of a wall (14), through a hole (12) in a wall to an outside environment (see figure 2); a flexible grommet (20) defining a cylindrical channel extending a length of the grommet (see figure 2), from a first end of the grommet (20) to a second end of the grommet (see figure 2), wherein the conduit (16) extends through the channel (see figure 2) and wherein the grommet (20) is positionable at a plurality of positions along the length of the grommet (see figure 4); wherein the grommet (20) defines an annular groove (20c) formed in an outer diameter of the grommet (see figure 4) at an intermediate position between the first and second ends of the grommet, wherein the annular groove (20c) is sized to engage an opening in a panel of the lighting assembly (see figure 1) and wherein an outer diameter of the grommet (20) increases from the first end of the grommet (20) to the annular groove (see figure 4) and wherein the outer diameter decreases from the annular groove to the second end of the grommet (see figure 4).
Regarding claim 2, Byerly discloses the apparatus (10), wherein the grommet (20) has a substantially circular cross section.
Regarding claim 3, Byerly discloses the apparatus (10), wherein the outer diameter increases linearly from the first end of the grommet to the annular groove (see figure 2).
Regarding claim 4, Byerly discloses the apparatus (10), wherein the outer diameter decreases in a contiguous curved manner from the annular groove to the second end of the grommet (see figure 2).
Regarding claim 5, Byerly discloses the apparatus (10), wherein the outer diameter and the inner diameter are substantially equal at the second end (see figure 2).
Regarding claim 6, Byerly discloses the apparatus (10), wherein the grommet (20),
wherein the grommet (20) comprises a flexible material selected from: silicon, rubber, and a combination of silicon and rubber (column 3 lines 30-column 5 lines 16).
Regarding claim 7, Byerly discloses the apparatus (10), wherein a diameter of the annular groove is approximately 0.01 to 0.05 inches greater than a diameter of the opening in the panel (see figure 2).
Regarding claim 8, Byerly discloses the apparatus (10), wherein a length of the grommet (20) between the annular groove and the second end of the grommet is substantially equal to a displacement between the second side of the wall and the panel of the sign assembly (see figure 2) whenever the apparatus is installed with the second end of the grommet in contact with the wall and the rear panel of the sign engaging the annular groove.
Regarding claim 9, Byerly discloses the apparatus (10), wherein the outer diameter is greater than the inner diameter at the first end (see figure 2).
Regarding claim 10, Byerly discloses the apparatus (10), wherein a dimension of the grommet (20) between the first end to the annular groove is greater than a dimension of the grommet between the annular groover to the second end of the grommet (see figure 2; column 5 lines 29-35).
Regarding claim 11, Byerly discloses the apparatus (10), wherein the grommet (20) when the annular groove (20c) engages the hole in the panel, self-seals an interior of the sign assembly from the outside environment (see figure 2).
Regarding claim 12, Byerly discloses the apparatus (10), wherein the grommet (20), wherein the grommet (20), when the second end is in contact with the second surface of the wall (see figure 2), self-seals the outside environment from the inside environment (see figure 2).
5. Claims 1-12 are rejected under 35 U.S.C. 102 (a)(1) as being anticipated by Fisher et al (US 6,051,795; hereinafter Fisher).
Regarding claim 1, Fisher discloses a pass-through apparatus suitable (see figure 1) for use in a lighting assembly, wherein the pass-through apparatus comprises: a cylindrical conduit (40) of a length suitable for extending from a first position within an inside environment on a first side of a wall (14), through a hole (see figure 2) in a wall to an outside environment (see figure 2); a flexible grommet (10) defining a cylindrical channel extending a length of the grommet (see figure 2), from a first end of the grommet (20) to a second end of the grommet (see figure 2), wherein the conduit (40) extends through the channel (see figure 2) and wherein the grommet (10) is positionable at a plurality of positions along the length of the grommet (see figure 2); wherein the grommet (10) defines an annular groove (30) formed in an outer diameter of the grommet (see figure 3) at an intermediate position between the first and second ends of the grommet (10), wherein the annular groove (30) is sized to engage an opening in a panel of the lighting assembly (see figure 2) and wherein an outer diameter of the grommet (10) increases from the first end of the grommet (10) to the annular groove (see figure 3) and wherein the outer diameter decreases from the annular groove to the second end of the grommet (see figure 3).
Regarding claim 2, Fisher discloses the apparatus (see figure 1), wherein the grommet (10) has a substantially circular cross section (see figures 2 and 3).
Regarding claim 3, Fisher discloses the apparatus (see figure 1), wherein the outer diameter increases linearly from the first end of the grommet to the annular groove (see figure 3).
Regarding claim 4, Fisher discloses the apparatus (see figure 1), wherein the outer diameter decreases in a contiguous curved manner from the annular groove to the second end of the grommet (see figure 3).
Regarding claim 5, Fisher discloses the apparatus (see figure 1), wherein the outer diameter and the inner diameter are substantially equal at the second end (see figure 3).
Regarding claim 6, Fisher discloses the apparatus (see figure 1), wherein the grommet (10), wherein the grommet (10) comprises a flexible material selected from: silicon, rubber, and a combination of silicon and rubber (column 2 lines 27- 38).
Regarding claim 7, Fisher discloses the apparatus (see figure 1), wherein a diameter of the annular groove is approximately 0.01 to 0.05 inches greater than a diameter of the opening in the panel (see figure 3).
Regarding claim 8, Fisher discloses the apparatus (see figure 1), wherein a dimension of the grommet (10) between the annular groove and the second end of the grommet is substantially equal to a displacement between the second side of the wall and the panel of the sign assembly (see figure 3), whenever the apparatus is installed with the second end of the grommet in contact with the wall and the rear panel of the sign engaging the annular groove.
Regarding claim 9, Fisher discloses the apparatus (see figure 1), wherein the outer diameter is greater than the inner diameter at the first end (see figure 3).
Regarding claim 10, Fisher discloses the apparatus (see figure 1), wherein a dimension of the grommet (10) between the first end to the annular groove is greater than a dimension of the grommet between the annular groove to the second end of the grommet (see figure 3; column 4 lines 29-34 ).
Regarding claim 11, Fisher discloses the apparatus (see figure 1), wherein the grommet (10) when the annular groove (30) engages the hole in the panel, self-seals an interior of the sign assembly from the outside environment (see figure 2).
Regarding claim 12, Fisher discloses the apparatus (see figure 1), wherein the grommet (10), wherein the grommet (10), when the second end is in contact with the second surface of the wall (see figure 2), self-seals the outside environment from the inside environment (see figure 2).
Response to Arguments
6. Applicant's arguments filed June 21, 2025 have been fully considered but they are not persuasive.
In response to the argument the that neither Byerly nor Fisher do not expressly or inherently disclose a pass through apparatus wherein the grommet defines an annular groove formed in an outer diameter of the grommet at the intermediate position between the first and second ends of the grommet, wherein the annular groove is sized to engage an opening in a panel of the lighting assembly and wherein an outer diameter of the grommet increases from the first end of the grommet to an annular groove and wherein the outer diameter decreases from the annular groove to the second end of the grommet. The Examiner disagrees and points out that both Byerly and Fisher discloses the pass-through apparatus disclosing the claimed limitations, for example , Byers discloses the grommet (20) defines an annular groove (20c) formed in an outer diameter of the grommet (see figure 4) at an intermediate position between the first and second ends (20a and 20b; for illustration purposes only) of the grommet, wherein the annular groove (20c) is sized to engage an opening in a panel of the lighting assembly (see figure 1) and wherein an outer diameter of the grommet (20) increases from the first end (20a) of the grommet (20) to the annular groove (20c; see figure 4) and wherein the outer diameter decreases from the annular groove (20c) to the second end (20b) of the grommet (see figure 4).
Conclusion
7. The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Franklin (US 2,225,472) and Bhate et al (US 10,916,925) disclose a grommet.
8. Any inquiry concerning this communication should be directed to Angel R. Estrada at telephone number (571) 272-1973. The Examiner can normally be reached on Monday-Friday (8:30am -5:00pm).
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Imani N. Hayman can be reached on (571) 270-5528. The fax phone number for the organization where this application or proceeding 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 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 USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) OR 571-272-1000.
February 2, 2026
/ANGEL R ESTRADA/Primary Examiner, Art Unit 2841
.