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 .
Election/Restrictions
Applicant’s election without traverse of Group I, claims 1-16, in the reply filed on 3/3/2026 is acknowledged. Applicant’s further election of Species (ii) within Group I invention - i.e., a cable-concealing cover device comprising a convex body (claims 9-16) - the reply filed on 3/3/2026 is acknowledged. Because applicant did not distinctly and specifically point out the supposed errors in the election of Species in the restriction requirement, the election has been treated as an election without traverse (MPEP § 818.01(a)).
Claims 1-8 and 17-20 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention and nonelected species, there being no allowable generic or linking claim.
Claims 9-16 are being examined on the merits in the present action.
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 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) 9 and 11-16 are rejected under 35 U.S.C. 103 as being unpatentable over Martin (US 6,244,002) in view of Wiremold 5000 Series Raceway (product sheet of 2016; hereinafter “Wiremold”).
Regarding independent claim 9 and claims 12-16, Martin teaches a cable-concealing cover device (the cable cover/raceway 78, col. 1, lines 44-46, col. 4, lines 18-29, see annotated Fig. 5 of Martin) comprising:
- a convex body comprised of a first end, a second end, an exterior surface (col. 4, lines 18-29, see annotated Fig. 5 for reference to the outwardly curved convex body, a first end, a second end, and an exterior surface, respectively); and
- a fastener (col. 4, lines 18-29, see annotated Fig. 5 for reference to the fastener that includes a male fastener and a female fastener). In the cable-concealing cover device of Martin, the first end of the convex body is comprised of a first fastener that is of a male fastener (col. 4, lines 18-29, see annotated Fig. 5), meeting the claimed limitations of instant claims 13-14; and the second end of the convex body is comprised of a second fastener that is of a female fastener (col. 4, lines 18-29, see annotated Fig. 5), meeting the claimed limitations of instant claims 15-16.
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Martin does not specifically teach the exterior surface of its cover is of the specific material, i.e. a veneer, that is wood veneer, as instantly claimed in claims 9 and 12.
In the same field of cable cover/raceway applications, Wiremold teaches a cable cover for cable that is of wood veneer finishes that provides aesthetically pleasing appearance (page 1, right column under Features & Benefits, bullet starting “variety of PVC and wood veneer finishes), of which the covers can be of various shape and configuration (see Figs on page 2).
It would have been obvious to one of ordinary skill in the art to modify the cable-concealing cover device of Martin in view the teachings of Wiremold, to include a wood veneer finish on the exterior surface of its cover device as taught by Wiremold (page 1, right column under Features & Benefits), to provide an improved cable-concealing cover device with aesthetically pleasing wood appearance as taught by Wiremold (page 1, right column under Features & Benefits, bullet starting “variety of PVC and wood veneer finishes), which would have predicably arrived at a satisfactory cable-concealing cover device that is the same as instantly claimed, in claims 9 and 12.
Regarding claim 11, in the cable-concealing cover device of Martin, the fastener is positioned on a rear surface of the body (col. 4, lines 18-29, see annotated Fig. 5, the outwardly curved exterior surface constitutes the front surface as it faces outward when installed; and the surface of which the fastener is positioned is opposite to the front surface, and such surface is considered being the rear surface, meeting the claimed limitations).
Claim(s) 10 is rejected under 35 U.S.C. 103 as being unpatentable over Martin in view of Wiremold as applied to claim 1 above, further in view of Simmons et al. (US 5,964,252; “Simmons”).
The limitation of claim 1 are taught by Martin and Wiremold as discussed above.
Regarding claim 10, modified Davis teaches a cable-concealing cover device comprising a fastener (col. 4, lines 18-29, see annotated Fig. 5 for reference to the fastener). But modified Davis does not specifically teach the inclusion of a fastener that is comprised of an adhesive fastener, as instantly claimed.
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In the same field of protective cover applications, Simmons teaches a protective cover (110, Fig. 7) defines a body having an outwardly curved convex shape and includes a fastener (element 120) that is comprised of an adhesive fastener, such as the adhesive fastener strip (40, Fig. 7), for securing the adjacent ends of the cover together (Fig. 7, col. 6, lines 15-33).
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It would have been obvious to one of ordinary skill in the art to modify the modified cable-concealing cover device of Martin in view the teachings of Simmons, to include at the end of the cover of Martin, a fastener comprising an adhesive fastener strip as taught by Simmons (col. 6, lines 15-33), to provide improved bonding and facilitate secured attachment of adjacent ends of the cover together as taught by Simmons, which would have predicably arrived at a satisfactory cable-concealing cover device that is the same as instantly claimed.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to YAN LAN whose telephone number is (571)270-3687. The examiner can normally be reached Monday - Friday 7AM-4PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Aaron Austin can be reached at 5712728935. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/YAN LAN/Primary Examiner, Art Unit 1782