This is a Non-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 .
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the first end coplanar with the second end must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
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, 6, 7, and 22 is/are rejected, as best understood, under 35 U.S.C. 102 (a) (1) as being anticipated by Harrison 2006/0180718.
Harrison discloses:
(Claim 1) A structure for supporting conduit having a generally cylindrical
outer surface, the structure comprising: a wall having 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 the second lateral edge is tapered outwardly to form a thinned distal end, a second 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.
(Claim 2) wherein the first hold-down has a generally flat upper surface.
(Claim 6) wherein the first end is not coplanar with the second end.
(Claim 7) wherein the wall has a degree of radius from 0° to 270°.
(Claim 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 outwardly to form a thinned distal end, a second 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.
[AltContent: arrow][AltContent: arrow][AltContent: arrow][AltContent: textbox (Wall with curved surface )][AltContent: textbox (First lateral edge
1st hold down (26)
2nd hold down (24)
Second lateral edge)][AltContent: arrow][AltContent: arrow][AltContent: arrow][AltContent: arrow][AltContent: arrow]
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[AltContent: rect][AltContent: textbox (Gap between 1st hold and 1st release surface)][AltContent: textbox (Generally Flat upper surface)][AltContent: textbox (1st lateral edge
2nd release/relief surface
1st hold down (26))][AltContent: arrow][AltContent: arrow][AltContent: arrow][AltContent: arrow][AltContent: arrow][AltContent: arrow][AltContent: arrow][AltContent: arrow][AltContent: textbox (Curved surface connecting 1st lateral edge to 2nd lateral edge)][AltContent: arrow][AltContent: textbox (2nd hold down
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2nd lateral edge)][AltContent: arrow][AltContent: arrow][AltContent: arrow]
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Claim(s) 1-3 and 5-7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Tan et al. (Tan) 20060180716 in view of Harrison Harrison 2006/0180718.
Tan discloses:
(Claim 1) A structure for supporting conduit having a generally cylindrical outer surface, the structure comprising: a wall having a curved surface (523) connecting a first lateral edge (left lateral edge) and a second lateral edge (right lateral edge) opposed to the first lateral edge, a first end (front end), an opposed second end (back end), and a curved surface (inner surface) connecting the first lateral edge to the second lateral edge, a first hold-down (501) on the first end extending inwardly from the
first lateral edge, a first release surface (see figure below) on the first end on the second lateral edge is tapered outwardly to form a thinned distal end,
and a gap between the first hold-down and the first release surface;
(Claim 2) The structure of claim 1 wherein the hold-down has a generally flat upper surface;
(Claim 3) The structure of claim 2 wherein the hold-down has a generally curved lower surface opposed to the upper surface;
(Claim 5) The structure of claim 1 wherein the first end is coplanar with the second end (see figure 6)
[AltContent: textbox (Coplanar
first and
second ends )][AltContent: arrow][AltContent: arrow][AltContent: arrow][AltContent: arrow]
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(Claim 6) The structure of claim 1, wherein the first end is not coplanar with the second end.
(Claim 7) The structure of claim 6 wherein the wall has a degree of radius from 0° to 270°.
[AltContent: textbox (first lateral second lateral
gap )][AltContent: arrow][AltContent: arrow][AltContent: textbox (First track 1st release surface second track)][AltContent: textbox (1st hold down
501)][AltContent: arrow][AltContent: arrow][AltContent: textbox (First curved surface )][AltContent: arrow][AltContent: arrow][AltContent: arrow][AltContent: arrow]
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Tan discloses all of the limitations of the claimed invention except for
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 the second lateral edge is tapered outwardly to form a thinned distal end, a second relief 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.
Harrison discloses:
(Claim 1) A structure for supporting conduit having a generally cylindrical outer surface, the structure comprising: a wall having a generally U-shaped cross section with a first lateral edge and a second lateral edge opposed to the first lateral edge, a first end, an opposed second end, 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 the second lateral edge is tapered outwardly to form a thinned distal end, a second relief 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.
[AltContent: arrow][AltContent: arrow][AltContent: textbox (Wall curved surface )][AltContent: textbox (First lateral edge
1st hold down (26)
2nd hold down (24)
Second lateral edge)][AltContent: arrow][AltContent: arrow][AltContent: arrow][AltContent: arrow][AltContent: arrow]
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[AltContent: textbox (2nd end 1st end)][AltContent: arrow][AltContent: arrow]
[AltContent: arrow][AltContent: arrow][AltContent: arrow][AltContent: textbox (1st lateral edge
2nd release/relief surface
1st hold down (26))][AltContent: arrow][AltContent: arrow][AltContent: arrow][AltContent: textbox (Generally Flat upper surface)][AltContent: arrow][AltContent: arrow][AltContent: arrow][AltContent: arrow][AltContent: arrow][AltContent: textbox (Curved surface connecting 1st lateral edge to 2nd lateral edge)][AltContent: arrow][AltContent: textbox (2nd hold down
1st release surface
2nd lateral edge)][AltContent: arrow][AltContent: arrow][AltContent: arrow]
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[AltContent: textbox (GAP between 1st hold down and 1st release surface)]
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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 included (Claim 1) 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 the second lateral edge is tapered outwardly to form a thinned distal end, a second relief 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 as taught by Harrison for the purpose of providing a means that prevents the conduit from accidental removal.
Claim(s) 8-10, and 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Tan et al. (Tan) 20060180716 in view of Harrison 2006/0180718.
Tan discloses
(Claim 8) A structure for supporting conduit having a generally curved outer surface, the structure comprising: a wall having a first end (front end) and a second end (back end) opposed to the first end, a first track (left side) and a second track (right side) 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, a first hold-down (501) extending inwardly from of the first lateral edge, a first release surface (510) on the first end on the second lateral edge is tapered outwardly to from a thinned distal end and a gap between the first hold-down and the first release surface; 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,
(Claim 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.
[AltContent: textbox (first lateral edge second lateral edge third lateral edge
gap 2nd release surface)][AltContent: arrow]
[AltContent: textbox (First track 513 1st release surface second track 523)][AltContent: arrow][AltContent: arrow][AltContent: textbox (2nd curved surface)][AltContent: arrow][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 (Claim 8) 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.
Harrison discloses:
(Claim 8) an additional (such as third) hold-down extending inwardly from one of the second lateral edge or the third lateral edge and an additional (such as third) release surface extending from the second lateral edge or the third lateral edge.
[AltContent: arrow][AltContent: arrow][AltContent: textbox (A release surface on an opposite lateral edge
A hold down on a lateral edge )][AltContent: arrow][AltContent: textbox (A hold down on a lateral edge
A release surface on an opposite lateral edge)][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 included (Claim 8) an additional (third) hold-down extending inwardly from one of the second lateral edge or the third lateral edge and an additional (third) release surface extending from the second lateral edge or the third lateral edge as taught by Harrison for the purpose of providing a barrier to prevent the conduit from accidental removal. Tan in view of Harrison when modified teaches (Claim 9) The structure of claim 8, wherein the first hold-down has a generally flat upper surface; (Claim 10) The structure of claim 9 wherein the first hold-down has a generally curved lower surface opposed to the upper surface.
Claim(s) 13 and 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Tan et al. (Tan) 20060180716 in view of Harrison 2006/0180718 as discussed above. Tan discloses all of the limitations of the claimed invention except for wherein the second hold-down extends from the second lateral edge and faces the second track and wherein the second release surface extends from the third lateral edge and faces the second track. It would have been obvious to one having ordinary skill in the art at the time the invention was made to (Claim 13) The structure of claim 12 wherein the second hold-down extends from the second lateral edge and faces the second track; (Claim 14) The structure of claim 13 wherein the second release surface extends from the third lateral edge and faces the second track, since it has been held that a mere reversal of the essential working parts of a device involves only routine skill in the art. In re Einstein, 8 USPQ 167.
Claim(s) 15-17, 19, 20, and 21 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
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(Claim 20) The structure of claim 15 wherein the wall has a degree of radius from 0° to 270°.
(Claim 21) A structure for supporting conduit having a generally cylindrical outer surface, the structure comprising: a wall having a generally U-shaped cross section with a first lateral edge and a second lateral edge opposed to the first lateral edge, a first end, an opposed second end, 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, 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.
Response to Arguments
Applicant’s arguments with respect to the claim(s) have been considered but are moot because the new ground of rejection does not rely on the combination of references applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Response to Arguments
Applicant's arguments filed February 27, 2026 have been fully considered but they are not persuasive.
In response to applicant’s arguments regarding the drawing objections, the drawing objections stand since drawings must show every feature of the invention specified in the claims. Claims 5 and 19 recites, “the first end is coplanar with the second end” therefore specifically claiming a feature which is not shown in the drawings therefore, “the first end is coplanar with the second end” must be shown in the drawings.
In regards to applicant’s arguments that,
The Office has rejected claims 1, 2, 6, and 7 under 35 U.S.C. §102 in view of U.S. Patent Application No. 2006/0180718 (Harrison). Applicant respectfully traverses this rejection as Harrison fails to disclose every feature of claim 1. Harrison discloses a conduit retention clip having a lower portion 12 having spring fingers 15 that are sized to pass through an opening in a panel and retain the clip in place. Positioned over the lower portion 12 is an upper holder portion having a C-shaped portion 22 sized to fit around a cylindrical object. (Harrison, [0018]). A cylindrical object is passed through two or more inwardly facing flexible fingers 24, 26 and contacts the inside 23 of the C-shaped portion 22. (Harrison, [0019]) The cylindrical object is securely retained but is loose enough to allow rotation and axial travel along the cylindrical object. As shown in FIG. 2, when the cylindrical object is within the C-shaped portion, the flexible fingers 24, 26 do not contact the cylindrical object and do not hold it in a desired position or orientation.
Claim 1 as amended recites as follows:
1. A structure for supporting conduit having a generally cylindrical outer surface, 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 outwardly to form a thinned distal end, a second 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.
is hereby traversed by the following. Harrison teaches of hold downs “26” since the hold downs “26” when in contact with a conduit would prevent the conduit from removal from the structure therefore meeting the limitation of a “hold down”.
In regards to applicant’s arguments that,
Harrison does not disclose a first release surface and/or a second release surface that is tapered outwardly to form a thinned distal end. Harrison also fails to disclose a first hold down on a first end and a second hold down on a second opposed end. In the second annotated figure
shown on page 8 of the Office Action, the examiner refers to the first end and the first lateral edge as being the same feature. The examiner also refers to the second end and the second lateral edge as the same feature. The examiner cannot use a single feature in a prior art reference to match two distinct claim features. This is an example of improper claim mapping known as double dipping. Thus, this rejection is improper. Applicant respectfully requests a withdrawal of this rejection under 35 U.S.C. § 102.
is hereby traversed by the following. Harrison clearly teaches of a first hold down on a first end and a second hold down on a second opposed end as shown below since regardless of how long or short the body of Harrison extends, the first hold down is located on a first end/first side and a second hold down is located on a second opposed end/second side therefore meeting applicant’s claimed invention.
[AltContent: rect][AltContent: textbox (Gap between 1st hold and 1st release surface)][AltContent: textbox (Generally Flat upper surface)][AltContent: textbox (1st lateral edge
2nd release/relief surface
1st hold down (26))][AltContent: arrow][AltContent: arrow][AltContent: arrow][AltContent: arrow][AltContent: arrow][AltContent: arrow][AltContent: arrow][AltContent: arrow][AltContent: textbox (Curved surface connecting 1st lateral edge to 2nd lateral edge)][AltContent: arrow][AltContent: textbox (2nd hold down
1st release surface
2nd lateral edge)][AltContent: arrow][AltContent: arrow][AltContent: arrow]
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In response to applicant's argument that the references fail to show certain features of the invention, it is noted that the features upon which applicant relies (i.e. first and second hold downs contacting the conduit since the first hold down and second hold down do not provide any functional language for how the first and second hold downs function in relation to the conduit) are not recited in the rejected claim(s). Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993).
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).
In response to applicant's argument that
Tan does not disclose a structure for supporting a conduit as recited in claim 1 where there is a first hold down and a first release surface on respective first and second lateral edges at the first end of the structure and on the opposed end of the structure the first hold-down is on the second lateral edge and the first release surface is on the first lateral edge. Tan has one tab 501 that extends inwardly from a first lateral edge at a first end and a second end. The tab 501 does not switch lateral edges. The same is true for tab 502. As set forth above, Harrison also fails to disclose this feature as both flexible teeth and release surfaces extend from the same end and not opposed ends.
, the test for obviousness is not whether the features of a secondary reference may be bodily incorporated into the structure of the primary reference; nor is it that the claimed invention must be expressly suggested in any one or all of the references. Rather, the test is what the combined teachings of the references would have suggested to those of ordinary skill in the art. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981).
Conclusion
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