This is a Final office action for serial number 18/201,137.
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 § 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.
(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.
Claim(s) 5-9, 11-14, 16, 17, 20, 21, and 23 is/are rejected under 35 U.S.C. 102(a) (1) as being anticipated by Eyles et al. (Eyles) 2013/0270400.
Eyles discloses claims:
Claim 5 The cable retention apparatus of claim 11, further comprising: a flange member coupled to an end of the stud engagement member so as to encircle the opening of the cavity of the stud engagement member.
Claim 6 The cable retention apparatus of claim 11, wherein an outside surface of the stud engagement member includes at least one rib element.
Claim 7 The cable retention apparatus of claim 11, wherein at least the cable retention member and the stud engagement member are constructed of a material that is pliable and has a high coefficient of friction.
Claim 8 The cable retention apparatus of claim 7, wherein the material includes silicone rubber.
Claim 9 The cable retention apparatus of claim 11, wherein a diameter of the cavity of the stud engagement member is approximately equal to a smallest diameter of a stud onto which the cable retention apparatus will be mounted.
Claim 11 A cable retention apparatus mountable onto an end of a stud, the cable retention apparatus comprising: a cable retention member; a stud engagement member configured fit over and onto the end of the stud, the stud engagement member including: at least one cavity wall defining a cavity to accept the end of the stud; and a stop member positioned within the cavity at a predetermined distance from an opening of the cavity; a body member interconnecting the cable retention member and the stud engagement member; and an adjustable fastening member positioned about an entire periphery of the stud engagement member.
Claim 12 The cable retention apparatus of claim 11, further comprising: a cable guide member connected at one end to the body member and extending away from the body member in a predetermined direction.
Claim 13 The cable retention apparatus of claim 11, wherein the adjustable fastening member is a ratchet-style clamp.
Claim 14 The cable retention apparatus of claim 11, wherein the cable retention member is generally C-shaped and the cavity is generally cylindrically shaped.
Claim 16 The cable retention apparatus of claim 11, further comprising: a first cable guide member connected at one end to the body member and extending away from the body member in a first predetermined direction (left side); and a second cable guide member connected at one end to the body member and extending away from the body member in a second predetermined direction (Right side).
Claim 17 A retention system for a cable, the retention system comprising: a plurality of cable retention devices, each cable retention device being mountable onto an end of a respective stud and including: a cable retention member; a stud engagement member configured to fit over and onto the end of the respective stud, the stud engagement member including: at least one cavity wall defining a cavity to accept the end of the respective stud; and a stop member positioned within the cavity at a predetermined distance from an opening of the cavity; and a body member interconnecting the cable retention member and the stud engagement member; and at least one cable guide member (110, since 110 connects multiple systems to each other therefore interconnecting the retention devices) interconnecting the plurality of cable retention devices and functioning to guide the cable between the plurality of cable retention devices.
Claim 20 The retention system of claim 17, wherein each cable retention device further includes an adjustable fastening member positioned about a periphery of the stud engagement member.
Claim 21 A retention system for a cable, the retention system comprising: a plurality of cable retention devices, each cable retention device being mountable onto an end of a respective stud and including: a cable retention member; a stud engagement member configured to fit over and onto the end of the respective stud, the stud engagement member including: at least one cavity wall defining a cavity to accept the end of the respective stud; and a stop member positioned within the cavity at a predetermined distance from an opening of the cavity; and a body member interconnecting the cable retention member and the stud engagement member; and a plurality of cable guide members interconnecting the plurality of cable retention devices and functioning to guide the cable between the plurality of cable retention devices.
Claim 23 The retention system of claim 21, wherein each cable retention device further includes an adjustable fastening member positioned about a periphery of the stud engagement member .
[AltContent: textbox (rib
Flange member
Adjustable fastening member 205 since it is cable of being adjusted in position around stud engagement member via 610/620)][AltContent: textbox (Cable retention member 210
Body member
Stud engagement member
At least one cavity wall
Guide member 110
Left side right side)][AltContent: arrow][AltContent: arrow][AltContent: arrow][AltContent: arrow][AltContent: arrow][AltContent: arrow]
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[AltContent: arrow][AltContent: arrow][AltContent: arrow][AltContent: textbox ( At least one cavity wall
Cavity
Stop member 600
Stud 500)]
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Claim Rejections - 35 USC § 103
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 (i.e., changing from AIA to pre-AIA ) 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 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim(s) 10 and 22 is/are rejected under 35 U.S.C. 103 as being unpatentable over Eyles, as discussed above.
Eyles discloses all of the limitations of the claimed invention except for wherein the at least one cavity wall of the stud engagement member includes a plurality of protrusions. It would have been obvious to one having ordinary skill in the art at the time the invention was made to includes a plurality of protrusions, since it has been held that constructing a formerly integral structure in various elements involves only routine skill in the art. Nerwin v. Erlichman, 168 USPQ 177, 179.
Response to Arguments
Applicant’s arguments with respect to the 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.
Allowable Subject Matter
Claims 15, 18, and 19 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.
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 KIMBERLY T WOOD whose telephone number is (571)272-6826. The examiner can normally be reached M-Thur 9:00am-5:30pm flexible schedule.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jonathan Liu can be reached at (571) 272-8227. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/KIMBERLY T WOOD/ Primary Examiner, Art Unit 3631
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