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 .
DETAILED ACTION
Drawings
The drawings are objected to because in Fig.7-8, the uneven portion 5000 is not correctly labeled. It is unclear what the uneven portion is relative to seal cap 1000. Furthermore, it is unclear if Fig.7 and Fig.8 show two distinct pieces of the device 1000 or just one piece of the device with a slit inside which is labeled 5000. 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 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.
Claim (s) 1-10 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Collins et al. (US 7049515 B1) hereinafter Collins.
Regarding claim 1, Collins discloses, in Fig.5 and Fig.6 , a wireway seal cap (10;Fig.5) use with an electrical box (26;Fig.6) comprising: an outer surface (112;Fig.8)for covering an opening (14;Fig.5) within the electrical box (18); a male member (110;Fig.7) extending from the outer surface of the seal cap for insertion in the opening of the electrical box (18); and a lip (138;Fig.7) surrounding the male member having an uneven portion (see edge portion of 136 that connect to side 102 that breaks the continuity of 138) allowing to secure the seal cap within the electrical box opening (14).
Regarding claim 2, Collins discloses comprising a hollow space (see 120) within the male member (110).
Regarding claim 3, Collins discloses a pierceable surface (112 is pierceable at 120) within the hollow space to allow a passage of a wire (see wiring passing through 120)).
Regarding claim 4, Collins discloses a slopping edge along the lip (see slopping edge of 124).
Regarding claim 5, Collins discloses wherein the male member is uncentered onto a back surface of the outer surface (see edge of 120 not at the center of the surface 112; Fig.8).
Regarding claim 6 Collins discloses wherein the uneven lip (see uneven edge formed by end of 136 and surface 102) is limited to a single edge of the male member.
Regarding claim 7 Collins discloses wherein the uneven lip has a flat surface (see 711; Fig.6D).
Regarding claim 8, Collins discloses wherein the uneven lip is flush with at least one edge (see 172; Fig,15) of the opening in the electrical box (see 170;Fig.15).
Regarding claim 9, Collins discloses, in Fig.15, wherein the uneven lip ( uneven lip in slit of 100;Fig.15) is flush with at least two parallel edges (front edge and back edge that forms the thickness of the wall of the electrical box) of the opening in the electrical box.
Regarding claim 10, Collins discloses wherein the outer surface is wider than a width of the male member (surface 112 is wider than 110; Fig.7 and Fig.8).
Pertinent Art
The prior art made of record and not relied upon is considered pertinent toapplicant's disclosure.
Kramer (US5488198) discloses a protective device for metal panels.
Napaior (US 5567916) discloses a grommet.
Loveall (US 6119305) discloses a sealing element.
The above references are considered of particular relevance to the claimed invention but cannot be considered to teach the limitations or combined to being obvious to a person skilled in the art to disclose the claimed invention.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PETE LEE whose telephone number is (571) 270-5921. The examiner can normally be reached on Monday-Friday (2nd & 4th Friday Off). If attempts to reach the examiner by telephone are unsuccessful, the examiner's supervisor, Timothy Dole can be reached at (571) 272-2229 The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free).
/PETE T LEE/Primary Examiner, Art Unit 2848