This is a Final office action for serial number 18512764.
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 § 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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1, 2, 3, 5, 7, 21, and 22 is/are rejected under 35 U.S.C. 102(a) (1) as being anticipated by Mitchell 906,543. The applicant is reminded that tubing is not positively claimed therefore the prior art only need to be capable of performing the functions related to the tubing.
Mitchell discloses claim:
1. A structure for supporting conduit having a generally cylindrical outer surface (figure 2), the structure comprising: a wall having a curved surface connecting a first lateral edge and a second lateral edge opposed to the first lateral edge, a first end, an opposed second end, a first hold-down on the first end extending inwardly from the first lateral edge and a second hold-down on the second end extending inwardly from the second lateral edge, a first release surface on the first end on the second lateral edge is tapered and curved outwardly to form a thinned distal end, a second release surface on the second end extending from the first lateral edge is tapered and curved outwardly to form a thinned distal end; and a gap between the first hold-down and the first release surface.
2. The structure of claim 1 wherein the first hold-down has a generally flat upper surface.
3. The structure of claim 2 wherein the first hold-down has a generally curved lower surface opposed to the upper surface.
5. The structure of claim 1 wherein the first end is coplanar with the second end.
7. The structure of claim 6 wherein the wall has a degree of radius from 0 degrees to 270 degrees.
21. A structure for supporting conduit having a generally cylindrical outer surface, the structure comprising: a wall having a generally curved surface connecting a first lateral edge and a second lateral edge opposed to the first lateral edge, a first end, an opposed second end, a first hold-down on the first end extending inwardly from the first lateral edge and a second hold-down on the second end extending inwardly from the second lateral edge, the first hold-down has a generally flat upper surface and a generally curved lower surface opposed to the upper surface, a first release surface on the first end on the second lateral edge is tapered outwardly to form a thinned distal end, a second relief release surface on the second end extending from the first lateral edge is tapered outwardly to form a thinned distal end; and a gap between the first hold-down and the first release surface, wherein a tubing seated in the curved surface is contacted by the first hold-down and held in place by contact with the first hold-down.
22. A structure for supporting conduit having a generally cylindrical outer surface, the structure comprising: an elongate wall longitudinally radiused between a first end and a second end such that the first end is not coplanar with the second end, the elongate wall having a first lateral edge and a second lateral edge opposed to the first lateral edge, and a curved surface connecting the first lateral edge to the second lateral edge, a first hold-down on the first end extending inwardly from the first lateral edge and a second hold-down on the second end extending inwardly from the second lateral edge, a first release surface on the first end on the second lateral edge is tapered and curved outwardly to form a thinned distal end, a second release surface on the second end extending from the first lateral edge is tapered and curved outwardly to form a thinned distal end; and a gap between the first hold-down and the first release surface.
[AltContent: textbox (Generally flat upper surface of 1st hold down )][AltContent: arrow][AltContent: textbox (2nd release surface on 2nd end from 1st lateral edge is tapered)][AltContent: arrow]
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[AltContent: arrow][AltContent: arrow][AltContent: textbox (Wall curved surface)][AltContent: arrow][AltContent: textbox (Gap between the 1st hold down and 1st release surface)][AltContent: textbox ( 2nd end )][AltContent: arrow][AltContent: arrow][AltContent: arrow][AltContent: textbox (1st lateral edge 2nd lateral edge
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)][AltContent: arrow][AltContent: arrow][AltContent: textbox (Wall curved surface)]
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[AltContent: arrow][AltContent: textbox (Generally flat upper surface of 1st hold down )][AltContent: arrow][AltContent: textbox (Gap between the 1st hold down and 1st release surface)][AltContent: textbox (2nd hold down on 2nd end extending inwardly from the 2nd lateral edge)][AltContent: textbox (2nd release surface on 2nd end from 1st lateral edge is tapered)][AltContent: arrow][AltContent: textbox (1st release surface on 1st end extending from 2nd lateral edge is tapered )][AltContent: arrow][AltContent: arrow][AltContent: textbox (1st hold down on 1st end extending from 1st lateral edge )][AltContent: arrow][AltContent: arrow][AltContent: arrow]
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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.
Claim(s) 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Peek et al. (Peek) 5,807,018.
Peek discloses all of the limitations of the claimed invention except for wherein the first end is not coplanar with the second end. It would have been an obvious matter of design choice to have made wherein the first end is not coplanar with the second end, since such a modification would have involved a mere change in the shape of a component. A change in shape is generally recognized as being within the level of ordinary skill in the art since the applicant has not shown how the chosen shape is critical.
Claim(s) 8-10 and 12-14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Peek et al. (Peek) 5,807,018 in Mitchell 906,543, as discussed above.
Peek discloses claim:
8. A structure for supporting conduit having a generally curved outer surface, the structure comprising: a wall having a first end and a second end opposed to the first end and a first track and a second track adjacent to the first track; the first track having a first lateral edge and a second lateral edge opposed to the first lateral edge, and a first curved surface connecting the first lateral edge to the second lateral edge,; and a gap between the first hold-down and the first release surface; and, the second track comprising the second lateral edge and a third lateral edge opposed to the second lateral edge, and a second curved surface connecting the second lateral edge to the third lateral edge, and, a third hold-down extending inwardly from one of the second lateral edge or the third lateral edge and a third release surface extending from the second lateral edge or the third lateral edge; wherein the first hold-down contacts a tubing when seated in the curved surface and holds it in place.
12. The structure of claim 8 wherein the first hold-down extends from the first lateral edge and faces the first track and the first release surface extends from the second lateral edge and faces the first track.
13. The structure of claim 12 wherein the second hold-down extends from the second lateral edge and faces the second track.
14. The structure of claim 13 wherein the second release surface extends from the third lateral edge and faces the second track.
Peek discloses all of the limitations of the claimed invention except for
(of Claim 1) a first hold-down extending inwardly from the first lateral edge and a second hold-down extending inwardly from the second lateral edge within a first track, a first release surface on the first end on the second lateral edge is tapered outwardly to form a thinned distal end on a first track; a second release surface on the second end on the first lateral edge is tapered outwardly to form a thinned distal end; (Claim 9) wherein the first hold-down has a generally flat upper surface. (Claim 10) wherein the first hold-down has a generally curved lower surface opposed to the upper surface.
Mitchell teaches it is known:
(of Claim 1) a hold-down extending inwardly from the first lateral edge and a second hold-down extending inwardly from the second lateral edge within a track, a release surface on the first end on the second lateral edge is tapered outwardly to form a thinned distal end on a track member of a track member.
(Claim 9) wherein the first hold-down has a generally flat upper surface.
(Claim 10) wherein the first hold-down has a generally curved lower surface opposed to the upper surface.
[AltContent: arrow][AltContent: textbox (2nd hold down)][AltContent: textbox (1st hold down)][AltContent: textbox (2nd lateral edge)][AltContent: arrow][AltContent: textbox (First end)][AltContent: arrow]
[AltContent: arrow][AltContent: textbox (3rd lateral edge)][AltContent: textbox (2nd release surface)][AltContent: textbox (Possible 3rd release surface)][AltContent: arrow][AltContent: textbox (First end)][AltContent: arrow][AltContent: arrow][AltContent: textbox (Possible 3rd hold down)][AltContent: arrow][AltContent: textbox (2nd curved surface)][AltContent: arrow][AltContent: textbox (1st release surface)][AltContent: arrow][AltContent: arrow][AltContent: textbox (2nd end)][AltContent: arrow][AltContent: textbox (Possible 3rd hold-down)][AltContent: textbox (First track )][AltContent: arrow][AltContent: arrow][AltContent: textbox (1st curved surface)][AltContent: textbox (1st Lateral edge)][AltContent: arrow][AltContent: arrow][AltContent: arrow][AltContent: textbox (2nd end)][AltContent: arrow][AltContent: textbox (Second track)]
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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 with reasonable expectation of success to have modified Peek to have included first hold-down extending inwardly from the first lateral edge and a second hold-down extending inwardly from the second lateral edge, a first release surface on the first end on the second lateral edge is tapered outwardly to form a thinned distal end, a second release surface on the second end on the first lateral edge is tapered outwardly to form a thinned distal end; wherein the first hold-down has a generally flat upper surface; wherein the first hold-down has a generally curved lower surface opposed to the upper surface as taught by Mitchell the purpose of providing a stable means for securing the tubing to prevent accidental removal however also providing easy removal when the user applies force to the tubing when removal or replacement is required.
Claim(s) 15-17, 19, 20 is/are rejected, as best understood, under 35 U.S.C. 103 as being unpatentable over Tan et al. (Tan) 20060180716 in view of Harrison 2006/0180718.
Tan discloses:
(Claim 15) A structure for supporting conduit having a generally curved outer surface, the structure comprising: a wall having a first end and a second end opposed to the first end and a first track and a second track adjacent to the first track; the first track having a first lateral edge and a second lateral edge opposed to the first lateral edge, and a first curved surface connecting the first lateral edge to the second lateral edge; the second track comprising the second lateral edge and a third lateral edge opposed to the second lateral edge, and a second curved surface connecting the second lateral edge to the third lateral edge; a first conduit retention member between the first track and the second track on the first end comprising a first hold-down (501) extending inwardly over the first track a fraction of the diameter of the curved surface, a first release surface (520) tapered outwardly to form a thinned distal end facing the second track, a second conduit retention member between the first track and the second track on the second end comprising a second hold-down (502) extending inwardly over the second track and a second release surface (510) facing the first track.
[AltContent: textbox (first lateral edge second lateral edge third lateral edge
gap 1st release surface)][AltContent: arrow]
[AltContent: arrow][AltContent: arrow][AltContent: arrow][AltContent: textbox (2nd hold down 502)][AltContent: textbox (First track 513 2nd release surface second track 523)][AltContent: arrow][AltContent: textbox (2nd curved surface)][AltContent: arrow][AltContent: arrow][AltContent: arrow][AltContent: textbox (1st hold down
501)][AltContent: arrow][AltContent: arrow][AltContent: textbox (First curved surface )][AltContent: arrow][AltContent: arrow]
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Tan discloses all of the limitations of the claimed invention except for a first conduit retention member on the first end comprising a first hold-down extending inwardly over the first track a fraction of the diameter of the U-shaped cross section, a first release surface tapered outwardly to form a thinned distal end facing the second track, a second conduit retention member between the first track and the second track on the second end comprising a second hold-down extending inwardly over the second track and a second release surface facing the first track. Harrison teaches that it is known to have a first conduit retention member on the first end comprising a first hold-down extending inwardly over the first track a fraction of the diameter of the U-shaped cross section, a first release surface tapered outwardly to form a thinned distal end facing the second track, a second conduit retention member between the first track and the second track on the second end comprising a second hold-down extending inwardly over the second track and a second release surface facing the first track.
[AltContent: arrow][AltContent: arrow][AltContent: textbox (A first hold down on a first end over first track
A first release surface on an opposite lateral edge)][AltContent: textbox (A second release surface on lateral edge facing 1st track
A second hold down on a second end )][AltContent: arrow][AltContent: arrow]
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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 with reasonable expectation of success to have modified Tan to have a first conduit retention member on the first end comprising a first hold-down extending inwardly over the first track a fraction of the diameter of the U-shaped cross section, a first release surface tapered outwardly to form a thinned distal end facing the second track, a second conduit retention member between the first track and the second track on the second end comprising a second hold-down extending inwardly over the second track and a second release surface facing the first track as suggested or motivated by Harrison for the purpose of providing a better barrier to prevent the conduit from accidental removal.
Modified Tan in view of Harrison would teach
(Claim 16) The structure of claim 15 wherein the hold-down has a generally flat upper surface;
(Claim 17) The structure of claim 16 wherein the hold-down has a generally curved lower surface opposed to the upper surface;
(Claim 19) The structure of claim 15 wherein the first end is coplanar with the second end;
[AltContent: textbox (Coplanar
first and
second ends )][AltContent: arrow][AltContent: arrow][AltContent: arrow][AltContent: arrow]
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(Claim 20) The structure of claim 15 wherein the wall has a degree of radius from 0° to 270°.
Response to Arguments
Applicant’s arguments with respect to claim(s) rejected have been considered but are moot because the new ground of rejection under Peek and Mitchell does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Applicant's arguments fail to comply with 37 CFR 1.111(b) because they amount to a general allegation that the claims define a patentable invention without specifically pointing out how the language of the claims patentably distinguishes them from the references.
In response to applicant's arguments against the references individually, one cannot show nonobviousness by attacking references individually where the rejections are based on combinations of references. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981); In re Merck & Co., 800 F.2d 1091, 231 USPQ 375 (Fed. Cir. 1986).
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 KIMBERLY T WOOD whose telephone number is (571)272-6826. The examiner can normally be reached M-Thur 9:00am-5:30pm flexible schedule.
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, Jonathan Liu can be reached at (571) 272-8227. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/KIMBERLY T WOOD/ Primary Examiner, Art Unit 3631
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