DETAILED ACTION
Notice of Pre-AIA or AIA Status
1. 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
2. The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
3. Claims 1-8, 10-17, and 21-22 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.
A) Applicant recites “the first planar member” and “the second planar member” in claim 1 line 9, claim 21 line 9 and claim 22 line 9. It is unclear whether applicant is intending to refer to the “first planar member” and the “second planar member” of the shell base or the “first planar member” and the “second planar member” of the wedge base. It appears as if applicant is intending to refer to the “first planar member” and the “second planar member” of the wedge base. For the purpose of examination it is interpreted as if applicant is intending to refer to the “first planar member” and the “second planar member” of the wedge base.
B) Claims 2-8, 10-17 are rejected as a result of being dependent on a rejected claim.
Claim Rejections - 35 USC § 103
4. 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.
5. Claim(s) 1, 10-17 and 21-22 is/are rejected, as best understood in view of the above 112 rejection, under 35 U.S.C. 103 as being unpatentable over Franks Jr. (US 7,234,669) in a first interpretation.
6. Regarding to Claim 1, Franks Jr. discloses a drop wire clamp (drop wire clamp assembly 10, as can be seen from Figure 1 in Franks Jr.) to secure a cable (fiber optic wire or cable 12, as can be seen from Figure 1 in Franks Jr), comprising: an outer shell (housing 20, Figure 2) having a first wall (a first 20d, as described in column 4 lines 9-15 and can be seen from Figure 8), a second wall (a second 20d, as described in column 4 lines 9-15 and can be seen from Figure 8), and a shell base (bottom portion of 20, including 20e, as described in column 4 lines 9-15 and can be seen from Figure 8) to couple the first wall (first 20d) with the second wall (second 20d) [as can be seen from Figure 8 in Franks Jr.], wherein the shell base (bottom portion of 20) has a first planar member (an upper surface portion of a first projection 30, as can be seen from Figure 8 in Franks), a second planar member section (an upper surface portion of a second projection 30, as can be seen from Figure 8 in Franks), and a shell channel (interior channel 20f, groove 28, as can be seen from Figure 8 in Franks Jr.) coupled with the first planar member (upper surface portion of first projection 30) and the second planar member (upper surface portion of second projection 30, as can be seen from Figure 8 in Franks) [as can be seen from Figure 8 in Franks Jr.]; and a monolithic inner wedge (slide assembly 24, Figure 1. Note that slide 24 is interpreted as being “monolithic” since formed as a single piece, as defined by Merriam-Webster online dictionary) receivable in the outer shell (20) and movable between a first position (a first longitudinally position, as described in column 11 lines 2-9 in Franks Jr.) and a second position (a second longitudinally position, as described in column 11 lines 2-9 in Frank Jr.) within the outer shell (20) [as described in column 11 lines 2-9 and can be seen from Figure 1 in Franks Jr.], the monolithic inner wedge (24) having a wedge base (bottom portion of 24, including center wall or base 24e and longitudinal groove 38; as can be seen from Figure 2 in Franks Jr.) comprising a first planar member (a bottom portion of 24 on a right side of 24e, as can be seen from Figures 4 and 10 in Frank Jr), a second planar member (a bottom portion of 24 on a left side of 24e, as can be seen from Figures 4 and 10 in Frank Jr), and a raised channel (channel defined by interior channel 24f, base 24e, hoops 34, and apertures 36) that couples the first planar member ( bottom portion of 24 on a right side of 24e) with the second planar member ( bottom portion of 24 on a left side of 24e), the raised channel defining a wedge channel (interior channel 24f; longitudinal groove 38, longitudinal recess or groove 42, as described in column 7 lines 59-61 and can be seen from Figures 4 and 10 in Franks Jr.), wherein the shell channel (20f, 28) aligns with the wedge channel (24f, 38, 42) in the second position to form a containment structure (Figure 4) to house a cable (12) therein [as can be seen from Figure 1-4 in Franks Jr], wherein the containment structure [Figure 4] includes a length dimension and a width dimension, wherein the length dimension is greater than the width dimension and the length dimension extends in a same direction as the first wall (a first 20d) and second wall (a second 20d) of the outer shell (20) [as can be seen from Figures 1-4 in Franks Jr.].
Frank Jr, discloses a containment structure configured to directly contact a cable (12) [Figure 4 in Franks Jr.]. However, Frank Jr. does not explicitly disclose containment structure being configured to direct contact with a transverse side and a longitudinal side of a cable disposed within the containments structure. However, the apparatus disclosed by Frank Jr. is capable of being used with various cables, including cables having alternate shapes and sizes, which then can be positioned in a corresponding containment structure to be in direct contact with a transverse and longitudinal side. It is therefore inferred that Frank discloses a containment structure configured to directly contact a transverse side and a longitudinal side of the cable disposed within the containment structure.
7. Regarding to claim 10, Franks Jr discloses the drop wire clamp of claim 1, wherein the first wall (a first 20d) of the outer shell (20) and the second wall ( a second 20d) of the outer shell (20) extend upwardly from the shell base (bottom portion of 20, as can be seen from Figure 4 in Franks Jr.], wherein each of the first and second walls of the shell base include a guide conduit (track channel 26a, as described in column 4 lines 16-31 and can be seen from Figure 8 in Franks Jr.) at an end thereof away from the shell base (bottom portion of 20), and, wherein respective ends of the first and second wall of the wedge base slide within respective guide conduits of the outer shell [as described in column 4 lines 16-31 and can be seen from Figures 4, 8, and 10 in Franks Jr.].
8. Regarding to claim 11, Franks Jr discloses the drop wire clamp of claim 1, wherein the outer shell (20) has a first end (20a, as described in column 3 lines 59-66 and can be seen from Figures 4-8 in Franks Jr.), a second end (20b, as described in column 3 lines 59-66 and can be seen from Figures 4-8 in Franks Jr.), and a longitudinal dimension between the first and second ends [as described in column 3 lines 59-66 and can be seen from Figures 4-8 in Franks Jr.], wherein a height dimension of the first end is smaller than a height dimension of the second end [as described in column 3 lines 59-66 and can be seen from Figures 4-8 in Franks Jr.]; and wherein the monolithic inner wedge (24) has a first end (24a, as described in column 6 lines 46-53 and can be seen from Figures 2 and 9-10), a second end (24b, as described in column 6 lines 46-53 and can be seen from Figures 2 and 9-10), and a longitudinal dimension between the first and second ends [Figures 2 and 9-10], wherein a height dimension of the first end of the monolithic inner wedge is smaller than a height dimension of the second end of the monolithic inner wedge [as described in column 6 lines 46-53 and can be seen from Figures 2 and 9-10].
9. Regarding to claim 12, Franks Jr. discloses the drop wire clamp of claim 11, wherein the longitudinal dimension of the outer shell (20) is less than the longitudinal dimension of the monolithic inner wedge (24) [as described in column 6 lines 63-column 7 line 5 in Franks Jr.].
10. Regarding to claim 13, Franks Jr discloses the drop wire clamp of claim 1, further comprising a bail wire (hanger portion 18, as can be seen from Figure 1 in Franks Jr.) secured to the monolithic inner wedge(24) [as can be seen from Figure 1 in Franks Jr.].
11. Regarding to claim 14, Franks Jr. discloses the drop clamp of claim 13, wherein the bail wire (hanger portion 18, as can be seen from Figure 1 in Franks Jr.) is monolithic with the monolithic inner wedge (24) [as can be seen from Figures 1-2 in Franks Jr.].
12. Regarding to claim 15, Franks Jr. discloses the drop clamp of claim 1, wherein the containing structure [Figure 4] comprises an oblong configuration [as can be seen from Figure 1-4 in Franks Jr].
13. Regarding to claim 16, Franks Jr. discloses the drop clamp of claim 1, wherein the drop wire clamp comprises at least one of stainless steel [as described in column 6 lines 39-45 in Franks Jr.].
14. Regarding to claim 17, Franks Jr. discloses the drop clamp of claim 1, wherein the containment structure does not impart any direct compressive forces to an optical fiber bundle within a cable contained within the containment structure [as described in column 11 lines 15-25 in Franks Jr.].
15. Regarding to Claim 21, Franks Jr. discloses a drop wire clamp (drop wire clamp assembly 10, as can be seen from Figure 1 in Franks Jr.) to secure a cable (fiber optic wire or cable 12, as can be seen from Figure 1 in Frank Jr), consisting essentially of: an outer shell (housing 20, Figure 2) having a first wall (a first 20d, as described in column 4 lines 9-15 and can be seen from Figure 8), a second wall (a second 20d, as described in column 4 lines 9-15 and can be seen from Figure 8), and a shell base (bottom portion of 20, including 20e, as described in column 4 lines 9-15 and can be seen from Figure 8) coupled with the first wall (first 20d) with the second wall (second 20d) [as can be seen from Figure 8 in Franks Jr.], wherein the shell base (bottom portion of 20) has a first planar member (an upper surface portion of a first projection 30, as can be seen from Figure 8 in Franks), a second planar member section (an upper surface portion of a second projection 30, as can be seen from Figure 8 in Franks), and a shell channel (interior channel 20f, groove 28, as can be seen from Figure 8 in Franks Jr.) coupled with the first planar member (upper surface portion of first projection 30) and the second planar member (upper surface portion of second projection 30, as can be seen from Figure 8 in Franks) [as can be seen from Figure 8 in Franks Jr.]; and an inner wedge (slide assembly 24, Figure 1) receivable in the outer shell (20) and movable between a first position (a first longitudinally position, as described in column 11 lines 2-9 in Franks Jr.) and a second position (a second longitudinally position, as described in column 11 lines 2-9 in Franks Jr.) within the outer shell (20) [as described in column 11 lines 2-9 and can be seen from Figure 1 in Franks Jr.], the inner wedge (24) including an inner wedge base (bottom portion of 24, including center wall or base 24e and longitudinal groove 38 as can be seen from Figure 2 in Franks Jr.) comprising a first planar member (a bottom portion of 24 on a right side of 24e, as can be seen from Figures 4 and 10 in Frank Jr), a second planar member (a bottom portion of 24 on a left side of 24e, as can be seen from Figures 4 and 10 in Frank Jr), and a raised channel (channel defined by interior channel 24f, base 24e, hoops 34, and apertures 36) that couples the first planar member ( bottom portion of 24 on a right side of 24e) with the second planar member ( bottom portion of 24 on a left side of 24e), the raised channel defining a wedge channel (interior channel 24f; longitudinal groove 38, longitudinal recess or groove 42, as described in column 7 lines 59-61 and can be seen from Figures 4 and 10 in Franks Jr.), wherein the shell channel (20f, 28) aligns with the wedge channel (24f, 38, 42) in the second position to form a containment structure (Figure 4) to house a cable (12) therein [as can be seen from Figure 1-4 in Frank Jr], wherein the containment structure includes a length dimension and a width dimension, wherein the length dimension is greater than the width dimension and the length dimension extends in a same direction as the first wall (a first 20d) and second wall (a second 20d) of the outer shell (20) [as can be seen from Figures 1-4 in Franks Jr.].
16. Regarding to Claim 22, Franks Jr. discloses a two-piece drop wire clamp [Figure 1] to secure a cable (12) [as can be seen from Figure 1 in Franks Jr.], comprising: a first component (housing 20, Figure 2), wherein the first component is an outer shell having a first wall (a first 20d, as described in column 4 lines 9-15 and can be seen from Figure 8), a second wall (a second 20d, as described in column 4 lines 9-15 and can be seen from Figure 8), and a shell base (bottom portion of 20, including 20e, as described in column 4 lines 9-15 and can be seen from Figure 8) coupled with the first wall (first 20d) with the second wall (second 20d) [as can be seen from Figure 8 in Franks Jr.], wherein the shell base (bottom portion of 20) has a first planar member (an upper surface portion of a first projection 30, as can be seen from Figure 8 in Franks), a second planar member section (an upper surface portion of a second projection 30, as can be seen from Figure 8 in Franks), and a shell channel (interior channel 20f, groove 28, as can be seen from Figure 8 in Franks Jr.) coupled with the first planar member (upper surface portion of first projection 30) and the second planar member (upper surface portion of second projection 30, as can be seen from Figure 8 in Franks) [as can be seen from Figure 8 in Franks Jr.], and a second component (slide assembly 24, as can be seen from Figures 1 and 10 in Franks Jr.) wherein the second component (24) is an inner wedge receivable in the outer shell (20) and movable between a first position and a second position within the outer shell [a first longitudinally position and second longitudinally position, as described in column 11 lines 2-9 in Franks Jr.], the inner wedge (24) having a wedge base (bottom portion of 24, including center wall or base 24e and longitudinal groove 38) comprising a first planar member (a bottom portion of 24 on a right side of 24e, as can be seen from Figures 4 and 10 in Frank Jr), a second planar member (a bottom portion of 24 on a left side of 24e, as can be seen from Figures 4 and 10 in Frank Jr), and a raised channel (channel defined by interior channel 24f, base 24e, hoops 34, and apertures 36) that couples the first planar member ( bottom portion of 24 on a right side of 24e) with the second planar member ( bottom portion of 24 on a left side of 24e), the raised channel defining a wedge channel (interior channel 24f; longitudinal groove 38, longitudinal recess or groove 42, as described in column 7 lines 59-61 and can be seen from Figures 4 and 10 in Franks Jr.), wherein the shell channel (interior channel 20f, groove 28, as can be seen from Figure 8 in Franks Jr.) aligns with the wedge channel (interior channel 24f; longitudinal groove 38, longitudinal recess or groove 42, as described in column 7 lines 59-61 and can be seen from Figures 4 and 10 in Franks Jr.), in the second position to form a containment structure to house a cable therein [as can be seen from Figure 4 in Franks Jr.], wherein the containment structure includes a length dimension and a width dimension, wherein the length dimension is greater than the width dimension and the length dimension extends in a same direction as the first wall and second wall (a first and second 20d) of the outer shell (20) [as can be seen from Figures 1-4 in Franks Jr.].
Frank Jr, discloses a containment structure configured to directly contact a cable (12) [Figure 4 in Franks Jr.]. However, Frank Jr. does not explicitly disclose containment structure being configured to direct contact with a transverse side and a longitudinal side of a cable disposed within the containments structure. However, the apparatus disclosed by Frank Jr. is capable of being used with various cables, including cables having alternate shapes and sizes, which then can be positioned in a corresponding containment structure to be in direct contact with a transverse and longitudinal side. It is therefore inferred that Frank discloses a containment structure configured to directly contact a transverse side and a longitudinal side of the cable disposed within the containment structure.
17. Claim(s) 1- 6 and 8-17 is/are rejected, as best understood in view of the above 112 rejection, under 35 U.S.C. 103 as being unpatentable over Franks Jr. (US 7,234,669) in a second interpretation.
18. Regarding to Claim 1, Franks Jr. discloses a drop wire clamp (drop wire clamp assembly 10, as can be seen from Figure 1 in Franks Jr.) to secure a cable (fiber optic wire or cable 12, as can be seen from Figure 1 in Franks Jr), comprising: an outer shell (housing 20, Figure 2) having a first wall (a first 20d, as described in column 4 lines 9-15 and can be seen from Figure 8), a second wall (a second 20d, as described in column 4 lines 9-15 and can be seen from Figure 8), and a shell base (bottom portion of 20, including 20e, as described in column 4 lines 9-15 and can be seen from Figure 8) to couple the first wall (first 20d) with the second wall (second 20d) [as can be seen from Figure 8 in Franks Jr.], wherein the shell base (bottom portion of 20) has a first planar member (an upper surface portion of a first projection 30, as can be seen from Figure 8 in Franks), a second planar member section (an upper surface portion of a second projection 30, as can be seen from Figure 8 in Franks), and a shell channel (interior channel 20f, groove 28, as can be seen from Figure 8 in Franks Jr.) coupled with the first planar member (upper surface portion of first projection 30) and the second planar member (upper surface portion of second projection 30, as can be seen from Figure 8 in Franks) [as can be seen from Figure 8 in Franks Jr.]; and an inner wedge (slide assembly 24, shim 22, Figure 1) receivable in the outer shell (20) and movable between a first position (a first longitudinally position, as described in column 11 lines 2-9 in Franks Jr.) and a second position (a second longitudinally position, as described in column 11 lines 2-9 in Frank Jr.) within the outer shell (20) [as described in column 11 lines 2-9 and can be seen from Figure 1 in Franks Jr.], a wedge base (bottom portion of 24, including center wall or base 24e and longitudinal groove 38; as can be seen from Figure 2 in Franks Jr.) comprising a first planar member (a bottom portion of 24 on a right side of 24e, as can be seen from Figures 4 and 10 in Frank Jr), a second planar member (a bottom portion of 24 on a left side of 24e, as can be seen from Figures 4 and 10 in Frank Jr), and a raised channel (channel defined by interior channel 24f, base 24e, hoops 34, and apertures 36) that couples the first planar member ( bottom portion of 24 on a right side of 24e) with the second planar member ( bottom portion of 24 on a left side of 24e), the raised channel defining a wedge channel (interior channel 24f; longitudinal groove 38, longitudinal recess or groove 42, as described in column 7 lines 59-61 and can be seen from Figures 4 and 10 in Franks Jr.), wherein the shell channel (20f, 28) aligns with the wedge channel (24f, 38, 42) in the second position to form a containment structure (Figure 4) to house a cable (12) therein [as can be seen from Figure 1-4 in Franks Jr], wherein the containment structure [Figure 4] includes a length dimension and a width dimension, wherein the length dimension is greater than the width dimension and the length dimension extends in a same direction as the first wall (a first 20d) and second wall (a second 20d) of the outer shell (20) [as can be seen from Figures 1-4 in Franks Jr.].
Frank Jr. discloses having an inner wedge (slide assembly 24 and shim 22), however Frank Jr. does not explicitly disclose the inner wedge being monolithic or does not disclose the size/dimensions of the inner wedge [as interpreted in a second interpretation using the definition of monolithic corresponding to “a massive structure”, as defined by Merriam-Wester online dictionary]. However, it would have been obvious to one of ordinary skill in the art to include a monolithic structure, as a mere upscaling of the apparatus.
Furthermore, “monolithic” (as interpreted as being “massive”) is directed solely to the change in size of the inner wedge. One having ordinary skill in the art at the time of the invention would have selected the appropriate apparatus for the purpose of gripping various workpieces of various sizes and dimensions. Furthermore, it has been held that "where the only difference between the prior art and the claims was a recitation of relative dimensions of the claimed device and a device having the claimed relative dimensions would not perform differently than the prior art device, the claimed device was not patentably distinct from the prior art device." Gardner v. TEC Syst., Inc., 725 F.2d 1338, 220 USPQ 777 (Fed. Cir. 1984), cert. denied, 469 U.S. 830, 225 USPQ 232 (1984). In this case, changing the size of the inner wedge does not change how the apparatus disclosed by Frank Jr. would perform any differently by clamping a workpiece.
Frank Jr, discloses a containment structure configured to directly contact a cable (12) [Figure 4 in Franks Jr.]. However, Frank Jr. does not explicitly disclose containment structure being configured to direct contact with a transverse side and a longitudinal side of a cable disposed within the containments structure. However, the apparatus disclosed by Frank Jr. is capable of being used with various cables, including cables having alternate shapes and sizes, which then can be positioned in a corresponding containment structure to be in direct contact with a transverse and longitudinal side. It is therefore inferred that Frank discloses a containment structure configured to directly contact a transverse side and a longitudinal side of the cable disposed within the containment structure.
19. Regarding to claim 2, Franks Jr discloses the drop wire clamp of claim 1, wherein the shell channel (20f) includes a first sidewall (a first wall defined by a side of a first projection 30, as can be seen from Figure 8 in Frank Jr), a second sidewall (a second wall defined by a side of a second projection 30, as can be seen from Figure 8 in Franks Jr), and a bottom wall (center base 20e, as can be seen from Figure 8) coupled to the first and second sidewalls (first and second projection 30); wherein the wedge channel (24f, 42) includes a first sidewall (a wall defined by a first side of a first crimped hoop 34; a first side wall 24d, and a wall defined by a side of a first projection 44, as can be seen from Figure 4 in Frank Jr.), a second sidewall (a wall defined by a side of a second crimped hoop 34; a second side wall 24d, and a wall defined by a side of a second projection 44, as can be seen from Figure 4 in Franks Jr.) and a top wall (center wall or base 24e, longitudinal bulge 40) coupled to the first and second sidewalls of the wedge channel [as can be seen from Figure 4 in Franks Jr]; and wherein the containment structure includes the top wall (24e, 40), the bottom wall (20e), and the first and second sidewalls of the shell channel and wedge channel (first and second wall defined by first and second 30, wall defined by a first side of a first and second crimped hoop, a first and second 24d, and wall defined by a first and second projection 44) respectively, wherein the top wall (24e, 40) and the bottom wall (20e) are configured to engage with a longitudinal side of a cable (12) within the containment structure [as can be seen from Figure 4 in Franks Jr.].
20. Regarding to claim 3, Franks Jr discloses the drop wire clamp of claim 2, wherein the first sidewall (a first wall defined by a side of a first projection 30) of the shell channel (20f) is distanced from the first sidewall (a wall defined by a first side of a first crimped hoop 34; a first side wall 24d, and a wall defined by a side of a first projection 44, as can be seen from Figure 4 in Frank Jr.) of the wedge channel by a gap dimension (gap on a left and right side of first sidewall 30 in Figure 4, and gap 60 above first wall 30, as can be seen from Figure 4) and the second sidewall (a second wall defined by a side of a second projection 30) of the shell channel is distanced from the second sidewall (a wall defined by a side of a second crimped hoop 34; a second side wall 24d, and a wall defined by a side of a second projection 44, as can be seen from Figure 4 in Frank Jr.) of the wedge channel by the gap dimension such that the containment structure is configured to impart compression on a cable (12) within the containment structure except along the gap dimension (gap on a left and right side of first sidewall (30) in Figure 4, and gap 60 above first wall 30, as can be seen from Figure 4) when the monolithic inner wedge is in the second position [as described in column 11 lines 60-67 and can be seen from Figure 4 in Franks Jr.].
21. Regarding to claim 4, Franks Jr discloses the drop wire clamp of claim 3, wherein the gap dimension (gap on a left and right side of first sidewall 30 in Figure 4, and gap 60 above first wall 30, as can be seen from Figure 4) is at least a diameter dimension of an optical fiber bundle (fiber optic strands 48, Figure 4 and 11) within a cable (12) contained within the containment structure [as described in column 4 lines 32-55 and can be seen from Figures 4 and 14 in Frank Jr.].
22. Regarding to claim 5, Franks Jr discloses the drop wire clamp of claim 2, wherein the first and second sidewalls (a first wall defined by a side of a first projection 30, a second wall defined by a side of a second projection 30; a wall defined by a first side of a first crimped hoop 34; a first side wall 24d, and a wall defined by a side of a first projection 44; a wall defined by a side of a second crimped hoop 34; a second side wall 24d, and a wall defined by a side of a second projection 44) of the shell channel and the wedge channel are configured to engage with a top portion and bottom portion of a transverse side of a cable (12) within the containment structure [as can be seen from Figure 4 in Frank Jr.].
23. Regarding to claim 6, Frank Jr discloses the drop wire clamp of claim 2, wherein at least one of the top wall (center wall or base 24e, longitudinal bulge 40) and the bottom wall (20e) includes a friction engaging surface (projections 30, as described in column 5 lines 34-47 in Frank Jr.) configured to engage a cable (12) within the containment structure [as described in column 5 lines 34-47 in Frank Jr.].
24. Regarding to claim 8, Franks Jr discloses the drop wire clamp of claim 1, wherein the first and second sidewalls (a first wall defined by a side of a first projection 30, a second wall defined by a side of a second projection 30; a wall defined by a first side of a first crimped hoop 34; a first side wall 24d, and a wall defined by a side of a first projection 44; a wall defined by a side of a second crimped hoop 34; a second side wall 24d, and a wall defined by a side of a second projection 44) of the shell channel and the wedge channel include smooth surfaces [as described in column 4 lines 28-31, column 5 lines 60-65, column 8 lines 2-7, and column 9 lines 5-11 and can be seen from Figures 1-14 in Franks Jr.].
25. Regarding to claim 9, Franks Jr discloses the drop wire clamp of claim 1, wherein the shell base (bottom portion of 20, including 20e, as described in column 4 lines 9-15 and can be seen from Figure 8) further includes a first member (a left side portion of bottom portion of 20, Figure 8) and a second member (a right side portion of bottom portion of 20, Figure 8), wherein the first and second members (left and right side portion of bottom portion of 20) are coupled at the first sidewall and second sidewall (a first wall defined by a side of a first projection 30, a second wall defined by a side of a second projection 30) of the shell channel respectively [as can be seen from Figure 8 in Franks Jr.], and wherein the wedge base (bottom portion of 24, including center wall or base 24e and longitudinal groove 38) further includes a first member (a left side portion of bottom portion of 24, Figure 10) and a second member (a right side portion of bottom portion of 24, Figure 10), wherein the first and second members of the wedge base (left and right side portion of bottom of 24) are coupled to the first sidewall and second sidewall (a wall defined by a first side of a first crimped hoop 34; a first side wall 24d, and a wall defined by a side of a first projection 44; a wall defined by a side of a second crimped hoop 34; a second side wall 24d, and a wall defined by a side of a second projection 44) of the wedge channel respectively, and wherein the first members (a left side portion of bottom portion of 20, Figure 8; a left side portion of bottom portion of 24, Figure 10) of the shell base member and wedge base engage each other in the second position and the second members of the shell base and wedge base engage each other in the second position [as can be seen from Figure 4 in Franks Jr.].
26. Regarding to claim 10, Franks Jr discloses the drop wire clamp of claim 1, wherein the first wall (a first 20d) of the outer shell (20) and the second wall ( a second 20d) of the outer shell (20) extend upwardly from the shell base (bottom portion of 20, as can be seen from Figure 4 in Franks Jr.], wherein each of the first and second walls of the shell base include a guide conduit (track channel 26a, as described in column 4 lines 16-31 and can be seen from Figure 8 in Franks Jr.) at an end thereof away from the shell base (bottom portion of 20), and the monolithic inner wedge (24) includes a first wall (a first side wall 24d, Figure 10) and a second wall (a second side wall 24d, Figure 10) extending from the wedge base (bottom portion of 24), wherein respective ends of the first and second wall of the wedge base slide within respective guide conduits of the outer shell [as described in column 4 lines 16-31 and can be seen from Figures 4, 8, and 10 in Franks Jr.].
27. Regarding to claim 11, Franks Jr discloses the drop wire clamp of claim 1, wherein the outer shell (20) has a first end (20a, as described in column 3 lines 59-66 and can be seen from Figures 4-8 in Franks Jr.), a second end (20b, as described in column 3 lines 59-66 and can be seen from Figures 4-8 in Franks Jr.), and a longitudinal dimension between the first and second ends [as described in column 3 lines 59-66 and can be seen from Figures 4-8 in Franks Jr.], wherein a height dimension of the first end is smaller than a height dimension of the second end [as described in column 3 lines 59-66 and can be seen from Figures 4-8 in Franks Jr.]; and wherein the monolithic inner wedge (24) has a first end (24a, as described in column 6 lines 46-53 and can be seen from Figures 2 and 9-10), a second end (24b, as described in column 6 lines 46-53 and can be seen from Figures 2 and 9-10), and a longitudinal dimension between the first and second ends [Figures 2 and 9-10], wherein a height dimension of the first end of the monolithic inner wedge is smaller than a height dimension of the second end of the monolithic inner wedge [as described in column 6 lines 46-53 and can be seen from Figures 2 and 9-10].
28. Regarding to claim 12, Franks Jr. discloses the drop wire clamp of claim 11, wherein the longitudinal dimension of the outer shell (20) is less than the longitudinal dimension of the monolithic inner wedge (24) [as described in column 6 lines 63-column 7 line 5 in Franks Jr.].
29. Regarding to claim 13, Franks Jr discloses the drop wire clamp of claim 1, further comprising a bail wire (hanger portion 18, as can be seen from Figure 1 in Franks Jr.) secured to the monolithic inner wedge(24) [as can be seen from Figure 1 in Franks Jr.].
30. Regarding to claim 14, Franks Jr. discloses the drop clamp of claim 13, wherein the bail wire (hanger portion 18, as can be seen from Figure 1 in Franks Jr.) is monolithic with the monolithic inner wedge (24) [as can be seen from Figures 1-2 in Franks Jr.].
31. Regarding to claim 15, Franks Jr. discloses the drop clamp of claim 1, wherein the containing structure [Figure 4] comprises an oblong configuration [as can be seen from Figure 1-4 in Franks Jr].
32. Regarding to claim 16, Franks Jr. discloses the drop clamp of claim 1, wherein the drop wire clamp comprises at least one of stainless steel [as described in column 6 lines 39-45 in Franks Jr.].
33. Regarding to claim 17, Franks Jr. discloses the drop clamp of claim 1, wherein the containment structure does not impart any direct compressive forces to an optical fiber bundle within a cable contained within the containment structure [as described in column 11 lines 15-25 in Franks Jr.].
34. Claim(s) 7 is/are rejected, as best understood in view of the above 112 rejection, under 35 U.S.C. 103 as being unpatentable over Franks Jr. (US 7,234,669) in view of Malin (US 8,517,317).
35. Regarding to claim 7, Franks Jr. discloses the drop wire clamp of claim 6, having a friction engaging surface which can be in any form [as described in column 5 lines 34-47 and column 8 lines 58- column 9 line 52]. However, Franks Jr. does not explicitly disclose the friction engaging surface includes a plurality of holes with raised edges surrounding the holes. Malin, however, discloses a friction engaging surface including a plurality of holes with raised edges (49) surrounding the holes [as described in column 4 lines 25-30 in Malin]. Therefore, 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 friction engaging surface in Franks Jr. to include a plurality of holes with raised edges, as a known technique used to provide a friction engaging surface which would yield predictable results.
Response to Arguments
36. Applicant's arguments filed 11/3/25 have been fully considered but they are not persuasive.
Applicant argues the prior art of Franks does not disclose a drop wire clamp “wherein the shell channel aligns with the wedge channel in the second position to form a containment structure to house a cable therein,” as recited in the amended independent claim 1. This is not found to be persuasive. The prior art of record discloses the recited limitations, as rejected above.
Applicant argues the prior art does not disclose “being configured to directly contact both a transverse portion and a longitudinal portion of a cable”, as newly amended to claim. This is considered moot in view of the new grounds of rejection above.
Applicant argues the prior art does not disclose “planar members”, as newly amended to claim. This is considered moot in view of the new grounds of rejection above.
Applicant argues the prior art does not disclose “monolithic inner wedge”. This is not found to be persuasive. The prior art discloses the recited “monolithic inner wedge”, as rejected above under 103 in both a first and second interpretation of Franks.
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.
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/NIRVANA DEONAUTH/Primary Examiner, Art Unit 3726