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 .
Claim Rejections - 35 USC § 112
Claims 1-4 are 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.
The following claims 1-4 do not recite any method steps and provide any method steps.
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 (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 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) 1-4 is/are rejected under 35 U.S.C. 102(a1) as being anticipated by JPS5391332 U (Admitted Prior Art or APA) .
The claimed invention is recited and shown below:
Claims
1. (Original) A cable laying method, comprising: fixing (depending upon a new install where the cable can be attached before cap installed or exising repair where the cap is already attached would be a matter inherent worker decision) a cable (wiring par.002) to a hook (15 Par.002) attached to a surface of a cap-type structure (2 par.002) on the ground (power pole 1 is stuck in ground par.002) in the vicinity of a pole built (power pole 1 on ground par.002) on the ground; lifting the structure up to the vicinity of a tip of the pole; and covering (See Fig.1 with cap 2 covering top of power pole 1) the tip of the pole with the structure.
2. (Original) The cable laying method, comprising: lifting a cap-type structure up to the vicinity of a tip of a pole built on the ground; covering the tip of the pole with the structure; pulling a cable up to the vicinity of the structure; and fixing the cable to a hook attached to a surface of the structure. See Fig.2
3. (Currently Amended) The cable laying method according to claim 1 See Fig.2
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.
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over JPS5391332 U (Admitted Prior Art or APA) in view of Reese et al 5837937.
JPS5391332 U (Admitted Prior Art or APA) discloses the claimed invention except for a transparent plastic.
Reese et al disclose that is known in the prior art to employed a transparent plastic as a substitute for a metal housing which allows for viewing internal structures and has impact toughness and it would have been obvious at the time the invention was filed to have used modified the JPS5391332 U (Admitted Prior Art or APA) device such as a known a transparent plastic which allows for viewing internal structures and has impact toughness yield the predictable result of viewing the an inside. KSR
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The 892 form discloses prior art being made of record.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LEE D WILSON whose telephone number is (571)272-4499. The examiner can normally be reached M-TH 6;30-4;30.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, BRIAN KELLER can be reached at 571-272-8548. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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LEE D. WILSON
Examiner
Art Unit 3723
Ldw
/LEE D WILSON/Primary Examiner, Art Unit 3723 January 18, 2026
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