DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Response to Arguments
Applicant’s arguments, see pages 7-8, filed 27 March 2026 with respect to the rejection(s) of claims 1 and 21 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made below.
Applicant's arguments regarding claim 11 have been fully considered but they are not persuasive.
Applicant argues that the first receiving area of Fardon is not “designed to receive a conduit” but rather a sealing element. This is not found persuasive. It is noted that the conduit is recited functionally. While features of an apparatus may be recited either structurally or functionally, claims directed to an apparatus must be distinguished from the prior art in terms of structure rather than function. In re Schreiber, 128 F.3d 1473, 1477-78, 44 USPQ2d 1429, 1431-32 (Fed. Cir. 1997). There is nothing preventing the first receiving area from receiving a conduit, and thus it is capable of performing the claimed function. Thus, the limitation has been met.
Claim Rejections - 35 USC § 102
Claims 11-16 and 18-20 are rejected under 35 U.S.C. 102(a)(1)/(a)(2) as being anticipated by Fardon et al. (US 2023/0341071 hereinafter “Fardon”). For clarification purposes, please refer to the annotated fig. 2 of Fardon below:
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In regards to claim 11, Fardon discloses a conduit receiving port removably attachable to an electrical box, the conduit receiving port comprising:
a base member (110) comprising a plurality of conduit receiving portions (see annotated fig.), each of the plurality of conduit receiving portions having a different diameter each for receiving and holding a different diameter conduit;
a conduit gripping member (140) comprising at least one prong for securing at least one of the different diameter conduits received and held in the conduit receiving portions; and
a conduit release member (160, 170, 180) selectively operable to displace the at least one prong for selectively releasing the conduit held in the conduit receiving portions.
In regards to claim 12, Fardon further discloses the base member is configured
to be attached to an opening of an electrical box (fig. 1 shows this capability).
In regards to claim 13, Fardon further discloses at least a portion (see at '110" in
fig. 1) of the base member is dimensioned to rest against an outside surface surrounding the
opening of the electrical box.
In regards to claim 14, Fardon further discloses at least a portion (at "111") of
the base member is dimensioned to be received in the electrical box.
In regards to claim 15, Fardon further discloses the base member comprises a
plurality of rings (see two different inner diameters in fig. 2) each having a different inner
diameter and each for receiving a conduit having a different outer diameter.
In regards to claim 16, Fardon further discloses a retaining clip (150) for
securing the conduit gripping member in the base member.
In regards to claim 18, Fardon further discloses the conduit release member is rotatable within the base member about a first axis (A).
In regards to claim 19, Fardon further discloses the conduit release member
moves up and down along the first axis as the conduit release member is rotated within the base in clockwise and counterclockwise directions about the first axis (see abstract).
In regards to claim 20, Fardon further discloses the conduit release member
selectively displaces the at least one prong to release the conduit when the conduit release
member is rotated within the base in one of the clockwise and counterclockwise directions (see abstract).
Claims 1-16 and 18-21 are rejected under 35 U.S.C. 102(a)(1)/(a)(2) as being anticipated by Kluss et al. (USP 8,322,755 hereinafter “Kluss”).
In regards to claim 1, Kluss discloses a conduit receiving port (see figs. 10-12b) comprising:
a base member (131) configured to receive at least one conduit;
a conduit gripping member (142) configured to grip the at least one conduit; and
a conduit release member (145, 133) operable for selectively releasing the gripping member's grip on the at least one conduit, wherein the conduit release member is rotatably affixed to the base member such that rotation of the conduit release member in a first direction causes the conduit release member to move longitudinally toward the conduit gripping member releasing the gripping members grip on the at least one conduit and rotation of the conduit release member in a second direction different than the first direction causes the conduit release member to move longitudinally away from the conduit gripping member (see column 11, lines 1-19).
In regards to claims 2 and 12, Kluss further discloses the base member is configured
to be attached to an opening of an electrical box (fig. 10 shows this capability).
In regards to claims 3 and 13, Kluss further discloses at least a portion (see at '131" in
fig. 1) of the base member is dimensioned to rest against an outside surface surrounding the
opening of the electrical box.
In regards to claims 4 and 14, Kluss further discloses at least a portion (at "134") of
the base member is dimensioned to be received in the electrical box.
In regards to claims 5 and 15, Kluss further discloses the base member comprises a
plurality of rings (see two different inner diameters in fig. 11) each having a different inner
diameter and each for receiving a conduit having a different outer diameter.
In regards to claims 6 and 16, Kluss further discloses a retaining clip (134) for
securing the conduit gripping member in the base member.
In regards to claims 8 and 18, Kluss further discloses the conduit release member is rotatable within the base member about a first axis (central axis).
In regards to claims 9 and 19, Kluss further discloses the conduit release member
moves up and down along the first axis as the conduit release member is rotated within the base in clockwise and counterclockwise directions about the first axis (see column 11, lines 1-19).
In regards to claim 11, Kluss discloses a conduit receiving port removably attachable to an electrical box, the conduit receiving port comprising:
a base member (131) comprising a plurality of conduit receiving portions (see top end in fig. 11 and bottom end in fig. 11), each of the plurality of conduit receiving portions having a different diameter each for receiving and holding a different diameter conduit;
a conduit gripping member (132) comprising at least one prong for securing at least one of the different diameter conduits received and held in the conduit receiving portions; and
a conduit release member (145, 133) selectively operable to displace the at least one prong for selectively releasing the conduit held in the conduit receiving portions (see column 11, lines 1-19).
In regards to claims 10 and 20, Kluss further discloses the conduit release member
selectively displaces the at least one prong to release the conduit when the conduit release
member is rotated within the base in one of the clockwise and counterclockwise directions (see column 11, lines 1-19).
In regards to claim 21, Kluss discloses a conduit receiving port removably attachable to an electrical box, the conduit receiving port comprising:
a base member (131) comprising a plurality of conduit receiving portions, each of the plurality of conduit receiving portions having a different diameter each for receiving and holding a different diameter conduit (see top end and bottom end in fig. 11);
a conduit gripping member (132) comprising at least one prong for securing at least one of the different diameter conduits received and held in the conduit receiving portions; and
a conduit release member (145, 133) selectively operable to displace the at least one prong for selectively releasing the conduit held in the conduit receiving portions, wherein the conduit release member is rotatably affixed to the base member such that rotation of the conduit release member in a first direction causes the conduit release member to move longitudinally toward the conduit gripping member displacing the at least one prong and releasing the gripping member from the at least one of the different diameter conduit and rotation of the conduit release member in a second direction different than the first direction causes the conduit release member to move longitudinally away from the conduit gripping member (see column 11, lines 1-19).
Claim Rejections - 35 USC § 103
Claim 17 is rejected under 35 U.S.C. 103 as being unpatentable over Fardon as applied to claim 11 above, and further in view of Crompton et al. (USP 11,035,510 hereinafter "Crompton").
In regards to claim 17, Fardon discloses the port of claim 11 and further discloses the at
least one prong comprises a plurality of sets of prongs.
Fardon does not disclose each of the plurality of sets of prongs being sized differently.
However, Crompton teaches a similar port with a gripping member (25) having a
plurality of sets of prongs (27A, 27B), each of the plurality of sets of prongs being sized
differently (see fig. 6).
It would have been obvious before the effective filing date to one of ordinary skill in the art to provide the gripping member of Fardon with sets of prongs being sized differently, in order to allow conduits of different diameters to be snugly retained in the port, as taught by Crompton at column 6, line 60 - column 7, line 27.
Claim 17 is rejected under 35 U.S.C. 103 as being unpatentable over Kluss as applied to claim 11 above, and further in view of Crompton.
In regards to claim 17, Kluss discloses the port of claim 11 and further discloses the at
least one prong comprises a plurality of sets of prongs.
Kluss does not disclose each of the plurality of sets of prongs being sized differently.
However, Crompton teaches a similar port with a gripping member (25) having a
plurality of sets of prongs (27A, 27B), each of the plurality of sets of prongs being sized
differently (see fig. 6).
It would have been obvious before the effective filing date to one of ordinary skill in the art to provide the gripping member of Kluss with sets of prongs being sized differently, in order to allow conduits of different diameters to be snugly retained in the port, as taught by Crompton at column 6, line 60 - column 7, line 27.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ZACHARY T DRAGICEVICH whose telephone number is (571)270-0505. The examiner can normally be reached Monday-Friday 8:00 - 4:30 EST.
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/ZACHARY T DRAGICEVICH/Primary Examiner, Art Unit 3679 05/20/2026