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 .
Response to Amendment
Claims 1, 7 and 8 are amended.
Claim Rejections - 35 USC § 103
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) 1-8 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 6,463,631 to Noda in view of US 6,516,498 to LaCoy et al.
Regarding claim 1, Noda '631 discloses a retaining component for securing a cable bundle (fig. 9), the retaining component comprising: a main body 10 having a base 11 and a foot element 31 formed on the base, two webs 12/16 extending from the base, wherein each of the two webs include an outer side, wherein the two webs extend parallel to one another in a longitudinal direction to form a receiving area for receiving the cable bundle 91 and the receiving area is U-shaped (fig. 2B), and wherein at least one of the webs includes a latching element 14 disposed on the outer side of the web 12, and a cover element 40, wherein the cover element comprises two holes 55/56 configured to be brought into an engagement with the latching element 14 of at least one of the webs 12/16, and wherein, in a closed position, the engagement is at least one of friction- locking and positive-locking (col. 10, lines 12-20).
The examiner submits that to round the U-shaped receiving area is a mere change of shape that is well-known and used in the art (see cited prior art including rounded receiving areas, for example). Noting that the clamps having a cover and U-shaped receiving areas, no matter if round or square, are functionally equivalent when it comes to supporting and holding objects.
In fact, LaCoy '498 teaches wherein the two webs 111/111 extend parallel to one another in a longitudinal direction to form a receiving area for receiving a cable and the receiving area is a rounded U-shape (fig. 3).
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It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the U-shaped receiving area taught in Noda '631 with the rounded U- shape area taught in LaCoy '498 in order to enhance support of the held objects.
Regarding claim 2, Noda '631, as modified, discloses wherein the cover element 40 includes a cutout section facing a direction of the receiving area (fig. 9).
Regarding claim 3, Noda '631, as modified, discloses wherein the main body 10 and the base 11 are arranged at an angle to one another.
Regarding claim 4, Noda '631, as modified, discloses wherein the main body 10 and the foot element 31 are arranged at an angle to one another.
Regarding claim 5, Noda '631, as modified, discloses wherein the retaining component and the cover element are made of plastic (col. 7, line 5).
Regarding claim 6, Noda '631, as modified, discloses wherein the foot element 31 is coupled to
the base 11 on a side opposite the webs 12/16, the foot element 31 is elongated along the longitudinal direction, and the foot element includes a plurality of second latching elements 34/35.
Regarding claim 7, Noda '631, as modified, discloses wherein the cover element 40 includes a press-on element 46 and a cutout section (annotated below – see circled region), the press-on element 46 includes a radius 51ab directed inwardly towards the cutout section of the cover element 40 to facilitate assembly of the cover element 40 to the at least one of the webs 12 and the cutout section faces the receiving area (as annotated below).
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Regarding claim 8, Noda '631 discloses retaining component for securing a cable bundle (fig. 9), the retaining component comprising: a main body having a base 11 and a foot element 31 formed on the base, the foot element 31 extending outwardly from a first side of the base and having a plurality of second latching elements 34/35; two webs 12/16 extending from a second side of the base, the second side different than the first side (one side has a foot and the other side has webs, i.e., different), each of the two webs include an outer side, the two webs 12/16 extend parallel to one another in a longitudinal direction to form a receiving area for receiving the cable bundle, the receiving area is a U-shape (fig.1b/2b), and at least one of the webs includes a first latching element 13 disposed on the outer side of the web; and a cover element 40, wherein the cover element comprises two holes 55/56 configured to be brought into an engagement with the first latching element 13 of at least one of the webs 12, the cover element includes a press-on element 46 and a cut out section (as annotated below), the press-on element 46 includes a radius 51ab directed inwardly towards the cut out section of the cover element to facilitate assembly of the cover element 40 to the at least one of the webs 12, and the cutout section faces the receiving area, wherein, in a closed position, the engagement is at least one of friction-locking and positive- locking.
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The examiner submits that to round the U-shaped receiving area is a mere change of shape that is well-known and used in the art (see cited prior art including rounded receiving areas, for example). Noting that the clamps having a cover and U-shaped receiving areas, no matter if round or square, are functionally equivalent when it comes to supporting and holding objects.
In fact, LaCoy '498 teaches wherein the two webs 111/111 extend parallel to one another in a longitudinal direction to form a receiving area for receiving a cable and the receiving area is a rounded U-shape (fig. 3).
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It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the U-shaped receiving area taught in Noda '631 with the rounded U- shape area taught in LaCoy '498 in order to enhance support of the held objects.
Response to Arguments
Applicant's arguments filed 12/18/25 have been fully considered but they are not persuasive. Applicant respectfully submits that the rounded U-shape as claimed is not well-known or used in the art. The examiner disagrees and again submits that to round the U-shaped receiving area is a mere change of shape that is well-known and used in the art (see cited prior art including rounded receiving areas, for example). Noting that the clamps having a cover and U-shaped receiving areas, no matter if round or square, are functionally equivalent when it comes to supporting and holding objects. Note the annotated figures below showing the receiving areas of the prior art versus applicant’s invention. All of which are used to support cables or the like within a receiving area.
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Further noting that claim 1 actually recites, “wherein the two webs extend parallel to one another in a longitudinal direction to form a receiving area for receiving the cable bundle and the receiving area is rounded U-shape”
Noda ‘631 as modified by LaCoy ‘498 clearly teaches a receiving area of a rounded U-shaped. Note the rounded area of the U-shape taguht in LaCoy ‘498.
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Applicant argues that, “[w]hile the Office relies on LaCoy to provide the rounded U-shape, LaCoy, however, does not disclose the use of a rounded U-shape. Rather, LaCoy states that "the
yoke 10 is rectangular in section", see column 2, line 28 (emphasis added).”
The examiner again submits that the claims recite “wherein the two webs extend parallel to one another in a longitudinal direction to form a receiving area … and the receiving area is rounded U-shape.” Clearly, LaCoy ‘498 teaches two webs 111/111 that extend parallel to one another in a longitudinal direction to form a receiving area which is a rounded U-shape. Note the circled rounded U-shaped taught in LaCoy ‘498.
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Also noting that modifying Noda (as annotated below) in view of the rounded U-shape receiving area taught in LaCoy (as annotated above) would still achieve the function of supporting cables. The rejection is amended in light of the claim amendments and maintained.
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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 MONICA E MILLNER whose telephone number is (571)270-7507. The examiner can normally be reached M-F 8am-4:00pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Terrell McKinnon can be reached at 571-272-4797. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MONICA E MILLNER/Primary Examiner, Art Unit 3632