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 .
Amendment filed 3/23/2026 has been entered. Claims 8, 10-14 and 27-28 remain pending as the elected invention.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(d):
(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph:
Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
Claim 27 is rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends. The limitations of claim 27 have been amended to be included into claim 8 and therefore claim 27 does not further limit claim 8. Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements.
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claims 8-14 and 27-28 are rejected under 35 U.S.C. 103 as being unpatentable over Greve US 8376308 (hereinafter Greve) in view of Noda US 6463631 (hereinafter Noda) in view of Ismert US 6126122 (hereinafter Ismert).
Re. Cl. 8, Greve discloses: A cable holder (Fig. 10) assembly, comprising: a plunger (104, Fig. 10) comprised of a cap (see Fig. 10, where reference character 104 points to) and a leg component (see Fig. 10, portion of 104 with teeth) extending from the cap (see Fig. 10); and a base (102, Fig. 10) comprised of a receptacle (see Fig. 12 where 104 is located) and at least one J-shaped hook (106, Fig. 10), where the leg component is configured with a rack of teeth (see Fig. 10), and the receptacle is comprised of a pawl (110, Fig. 13) with a tooth (see 110, Fig. 13) complementary to the rack of teeth and configured to receive an insertion of the leg component (see Fig. 13); the J-shaped hook comprises a proximal end located at an external surface of the base (see Fig. 10, where 106 attaches to 102) and extends outwardly and away from the external surface until reaching a distal end of the J-shaped hook (see free end of 106, Fig. 10); and the plunger is unconnected to the base prior to the insertion (see Fig. 12 and claim 17, the plunger 104 is capable of being removed from 102 before 104 is inserted into 102); wherein the pawl and the complementary portion of the teeth form a ratchet when engaged with each other (see Fig. 13) for motion of the plunger in only one direction (see Fig. 13, due to the shape of the teeth movement is only allowed so that 102 moves to the right to a subsequent tooth and prevented from moving to the left).
Re. Cl. 10, Greve discloses: the tooth of the pawl is positioned within the receptacle (see Fig. 12).
Re. Cl. 11, Greve discloses: the tooth of the pawl is configured to engage a complementary portion of the teeth of the rack after the insertion of the leg component (see Fig. 12).
Re. Cl. 12, Greve discloses: the pawl includes a tabbed end (112, Fig. 10) to facilitate a disengagement of the teeth of the pawl from the complementary portion of the teeth of the rack when engaged (see Fig. 10-12, pivoting 112 up towards slot 108)
Re. Cl. 13, Greve discloses: the tabbed end extends away outward from an exterior surface of the base (see Fig. 10).
Re. Cl. 14, Greve discloses: the pawl is configured to receive an application of force to facilitate a disengagement of the teeth of the pawl from the complementary portion of the teeth of the rack when engaged (see Fig. 10-12, Col. 6, Lines 50-55). .
Re. Cl. 27, Greve discloses: the J-shaped hook comprises a proximal end located at an external surface of the base (see Fig. 10, where 106 attaches to 102) and extends outwardly and away from the external surface until reaching a distal end of the J-shaped hook (see free end of 106, Fig. 10).
Re. Cl. 28, Greve discloses: the J-shaped hook is configured to receive and support at least one electrical cable between its proximal and distal ends (see Fig. 12, the hook 106 is configured to receive an appropriately sized electrical cable therein).
Re. Cl. 8 and 10-11, Greve does not disclose the leg is H-shaped, the receptacle is H-shaped and the pawl has teeth (Cl. 8 and 10-11). Re. Cl. 8, Noda discloses a cable holder assembly which includes a leg component (12, Fig. 2b) which is H-shaped (see Fig. 2a), that mates with a base (43a, Fig. 5b) having an H-shaped receptacle (55, Fig. 6a), wherein the H-shaped leg is configured with a rack of teeth (18, Fig. 3b) complimentary to a pawl (46, Fig. 5b) with a tooth (51, Fig. 5b).
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 shape of the leg and receptacle of Greve to be H-shaped as disclosed by Noda with reasonable expectation of success since Noda states that such a modification provides for guided movement which can be easily carried out without upward and downward tilting (Col. 16, Lines 35-43).
Re. Cl. 8, the combination of Avinger in view of Noda does not disclose that the pawl has teeth since as shown, there is only a single tooth (30) shown. Ismert discloses a cable holder assembly (Fig. 3) which includes a pawl (41, Fig. 3) which engages with a rack of teeth (12, Fig. 3); wherein the pawl includes teeth (42, Fig. 2).
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 Avinger pawl to include multiple teeth as disclosed by Ismert with reasonable expectation of success to provide a more secure connection between the pawl and rack.
Response to Arguments
Applicant’s arguments with respect to claims 8, 10-14 and 27-28 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Booth US 2018/0266587, Gallion US 2018/0045337, Liu US 2012/0097804, and Potgieter US 2015/0320242 disclose other known cable holders which are presented to the Applicant for their consideration.
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 CHRISTOPHER E GARFT whose telephone number is (571)270-1171. The examiner can normally be reached Monday-Friday 8:00 a.m. to 5:00 p.m..
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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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/CHRISTOPHER GARFT/Primary Examiner, Art Unit 3632