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 12/23/2025 has been entered. Claims 1-17 remain pending in the present application.
Claim Rejections - 35 USC § 103
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 1-6, 8-9, 11, 13, and 15-16 are rejected under 35 U.S.C. 103 as being unpatentable over Morris US 2024/0068599 (hereinafter Morris) in view of Tollefson US 2006/0096197 (hereinafter Tollefson).
Re. Cl. 1, Morris discloses: A conduit routing and support apparatus (see Fig. 1-2), comprising: a first body (20, Fig. 1) formed of flexible material (polymeric material as discussed in Paragraph 0015); a slot (12, Fig. 1) formed into a first end of said first body (see end with 24b, Fig. 1), said slot positioned between opposing sidewalls formed on two legs of said first body (see 18a, 18b, Fig. 1), said slot extending a depth distance from an open end at said first end of said first body to an endwall (see 16, Fig. 1); said slot for positioning a first conduit therein (see 14, Fig. 1); said slot having a diameter between said opposing sidewalls thereof which is sized equal to or slightly larger than a conduit diameter of said first conduit (see Fig. 1); said depth distance of said slot being equal to or larger than said conduit diameter (see Fig. 1); and said first body engageable to a mounting surface (see Fig. 4a) with a fastener to a mounted position (see Fig. 4a, 22), supporting said first conduit entirely within said slot thereof (see Fig. 4a).
Re. Cl. 2, Morris discloses: a second body (second 10, Fig. 2) formed of said flexible material (polymeric material as discussed in Paragraph 0015); said second body having a secondary slot formed into a first end thereof (see Fig. 1, 12), said secondary slot positioned between opposing sidewalls formed on two legs of said second body (see Fig. 1, 18a, 18b), said secondary slot extending from an open end at said first end of said second body to an endwall (see Fig. 1); said slot in said second body for positioning a second conduit therein (see 14, Fig. 1); said slot in said second body having a diameter between said opposing sidewalls thereof which is sized equal to or slightly larger than said second conduit (see Fig. 1); supporting said second conduit entirely within said secondary slot formed into said second body (see Fig. 1).
Re. Cl. 5, Morris discloses: a conduit retainer (22d, Fig. 1) for holding said first conduit within said slot and thereby maintaining a lower surface area of said conduit adjacent said endwall (see Fig. 1 and Paragraph 0070).
Re. Cl. 6, Morris discloses: said conduit retainer comprises: a magnet (see 22d, Fig. 1).
Re. Cl. 8, Morris discloses: a conduit retainer (22d, Fig. 1) for holding said first conduit within said slot and maintaining a lower surface area of said conduit adjacent said endwall (see Fig. 1 and Paragraph 0070).
Re. Cl. 9, Morris discloses: said conduit retainer comprises a magnet (see 22d, Fig. 1)
Re. Cl. 11, Morris discloses: A conduit routing and support apparatus (see Fig. 1-2), comprising: a first body (20, Fig. 1) formed of flexible material (polymeric material as discussed in Paragraph 0015); a slot (12, Fig. 1) formed into a first end of said first body, said slot positioned between opposing sidewalls formed on two legs of said first body (18a, 18b, Fig. 1); said slot extending a depth distance from an open end extending between respective end surfaces of said two legs at said first end of said body (see Fig. 1), to a curved endwall (16, Fig. 1); said slot for positioning a first conduit therein (see 14, Fig. 1); said slot having a diameter between said opposing sidewalls thereof which is sized equal to or slightly larger than a conduit diameter of said first conduit (see Fig. 1); a curve of said curved endwall matching an exterior radius of said first conduit (see Fig. 1); said depth distance of said slot being equal to or larger than said conduit diameter (see Fig. 1); and said first body engageable to a mounting surface (see Fig. 4a) with a fastener (22, Fig. 4a) to a mounted position supporting said first conduit entirely within said slot thereof (see Fig. 4a).
Re. Cl. 13, Morris discloses: a second body formed of said flexible material (see other 10, Fig. 2 having the structure of Fig. 1 and material as discussed in Paragraph 0015); said second body having a secondary slot formed into a first end thereof (see 12, Fig. 1), said secondary slot positioned between opposing sidewalls formed on two legs of said second body (see 18a, 18b, Fig. 1); said secondary slot extending a depth distance from an open end thereof extending between respective end surfaces of said two legs at said first end of said second body (see Fig. 1), to a curved endwall thereof (16, Fig. 1); said secondary slot in said second body for positioning a second conduit therein (see Fig. 1); said secondary slot in said second body having a diameter between said opposing sidewalls thereof which is sized equal to or slightly larger than a conduit diameter of said second conduit (see Fig. 1); a curve of said curved endwall of said secondary slot matching an exterior radius of said secondary conduit; said depth distance of said secondary slot being equal to or larger than said conduit diameter of said second conduit (see Fig. 1); supporting said second conduit entirely within said secondary slot formed into said second body (see Fig. 1).
Re. Cl. 15, Morris discloses: a first passage (71, Fig. 6b) communicating through said first body; said first passage aligned with a center axis of said slot (see Fig. 6b); and said first passage defining an opening for marking or drilling a pilot hole in said mounting surface (see Fig. 6b, the bore shown is capable of being used in the claimed intended use by passing a drill bit or writing instrument therethrough).
Re. Cl. 16, Morris discloses: a secondary passage communicating through said second body (see 71, Fig. 6b); said secondary passage aligned with a center axis of said secondary slot; and said second passage defining a secondary opening for marking or drilling a said pilot hole in said mounting surface see Fig. 6b, the bore shown is capable of being used in the claimed intended use by passing a drill bit or writing instrument therethrough).
Re. Cls. 1-3, 11 and 13, Morris illustrates the use of multiple bodies next to one another to support various conduits (see Fig. 5 and 9 for instance) but does not disclose a projection extending from a first side edge of said first body; a recess formed into a second side edge of said first body (Cl. 1); a projection extending from a first side edge of said second first body; and said projection engageable with said recess formed into said second side edge of said first body to form a rack supporting said first conduit entirely within said slot in said first body and supporting said second conduit entirely within said secondary slot formed into said second body (Cl. 2); a body retainer holding said second body to said first body with said projection on said first body engaged within said recess formed in said second body (Cl. 3); a projection extending from a first side edge of said first body; a recess formed into a second side edge of said first body (Cl. 11); a secondary projection extending from a first side edge of said second body; and said secondary projection engageable with said recess formed into said second side edge of said first body to form a rack, said rack for supporting said first conduit entirely within said slot in said first body, and for concurrently supporting said second conduit entirely within said secondary slot formed into said second body (Cl. 13). Tollefson discloses a conduit routing and support apparatus (10, Fig. 1), comprising: a first body (see 10, Fig. 1) formed of flexible material (Paragraph 0056, Lines 1-4, the Examiner is of the position plastic material such PVC is a flexible material); a slot (48 Fig. 1) formed into a first end of said first body (see Fig. 1); a projection (16, Fig. 1) extending from a first side edge of said first body (see Fig. 1); a recess (see 18, Fig. 1) formed into a second side edge of said first body (see Fig. 1); and said first body engageable to a mounting surface with a fastener to a mounted position (see Fig. 7, via 702s), supporting said first conduit within said slot thereof (see Fig. 1 and Abstract, Lines 1-3); a second body (see other 10, Fig. 4) formed of said flexible material (Paragraph 0056, Lines 1-4, the Examiner is of the position plastic material such PVC is a flexible material); said second body having a slot formed into a first end thereof (see 48 Fig. 4), said slot positioned between opposing sidewalls formed on two legs of said second body (see Fig. 1), said slot extending from an open end at said first end of said second body to an endwall (see Fig. 1 and 4); said slot in said second body for positioning a second conduit therein (see Fig. 4); a projection extending from a first side edge of said second first body (16, Fig. 1 and 4); and said projection engageable with said recess formed into said second side edge of said first body to form a rack supporting said first conduit within said slot in said first body and supporting said second conduit within said slot formed into said second body (see Fig. 4); a body retainer holding said second body to said first body with said projection on said first body engaged within said recess formed in said second body (see 404, Fig. 4).
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 Morris device to have the projection and recess configuration of Tollefson with reasonable expectation of success since Tollefson states that such a modification enables the devices to be interlocked in a side-by-side manner (Paragraph 0039, Lines 1-5). Such a modification would enable the device to be used and or stored in a particular configuration which would not shift or otherwise move inadvertently.
Re. Cl. 4, Tollefson discloses the body retainer includes a notch formed into said recess formed in said second body (see 38, Fig. 4 and 6) and a rib (see 32 Fig. 4 and 6) on said projection on said first body which engage with said notch (see Fig. 4 and 6) but does not disclose a plurality of these notches and ribs. 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 Tollefson device to have multiple notches engaging multiple ribs with reasonable expectation of success since it has been held that mere duplication of the essential working parts of a device involves only routine skill in the art. St. Regis Paper Co. v. Bemis Co., 193 USPQ 8. Please note that in the instant application, Applicant has not disclosed any criticality for the claimed limitations. Furthermore, such a modification would allow the added advantage of providing offset adjustability between the attached devices which would be advantageous in situations where the supporting surface were entirely flat or the conduits needed to be offset from one another.
Claims 7, 10, 12, and 14 are rejected under 35 U.S.C. 103 as being unpatentable over Morris in view of Tollefson as applied to claims 1-4, 11, 13, and 15-16 above, and further in view of Lin US 2016/0265692 (hereinafter Lin).
Re. Cls. 7, 10, 12 and 14, Morris does not disclose said conduit retainer comprises: a first shoulder positioned on one of said pair of sidewalls across from a second shoulder positioned upon a second of said pair of sidewalls; and said first shoulder for contacting a first side of an upper surface area of said first conduit opposite said lower surface area of said first conduit, and said second shoulder for contacting a second side of said upper surface area of said conduit opposite said first side (Cl. 7), said conduit retainer comprises: a first shoulder positioned on one of said pair of sidewalls across from a second shoulder positioned upon a second of said pair of sidewalls; and said first shoulder for contacting a first side of an upper surface area of said first conduit opposite said lower surface area of said first conduit, and said second shoulder for contacting a second side of said upper surface area of said conduit opposite said first side (Cl. 10); a first conduit retainer; said first conduit retainer comprising a first shoulder positioned within said slot on one of said pair of sidewalls across from a second shoulder positioned within said slot upon a second of said pair of sidewalls; and said first shoulder for contacting a first side of an upper surface area of said first conduit opposite said lower surface area of said first conduit, and said second shoulder for contacting a second side of said upper surface area of said conduit opposite said first side wherein said (Cl. 12) or a secondary first conduit retainer; said secondary conduit retainer comprising a first shoulder positioned within said secondary slot on one of said pair of sidewalls thereof, across from a second shoulder positioned within said secondary slot upon a second of said pair of sidewalls thereof; and said first shoulder in said secondary slot for contacting a first side of an upper surface area of said second conduit opposite said lower surface area of said second conduit, and said second shoulder in said secondary slot for contacting a second side of said upper surface area of said second conduit opposite said first side thereof (Cl. 14). Lin discloses a conduit support (Fig. 2) which includes a slot (213, Fig. 2) formed by opposing walls (see Fig. 2) and a conduit retainer (214, Fig. 2-4) for holding the conduit within said slot and thereby maintaining a lower surface are of said conduit adjacent said endwall (see Fig. 1 and Paragraph 0020). Re. Cls. 7, 10, 12 and 14, Lin discloses said conduit retainer comprises: a first shoulder positioned on one of said pair of sidewalls across from a second shoulder positioned upon a second of said pair of sidewalls (see 214, Fig. 2-4); and said first shoulder for contacting a first side of an upper surface area of said first conduit opposite said lower surface area of said first conduit, and said second shoulder for contacting a second side of said upper surface area of said conduit opposite said first side (schematically shown in Fig. 1 and discussed in Paragraph 0020).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to replace the magnetic conduit retainer of Morris with the shoulders of Lin with reasonable expectation of success since it has been held obvious to replace one known means with another to achieve a predictable result. KSR Int’l Co. V. Teleflex Inc. 550 U.S. ___, 82 USPQ 2d 1385 (Supreme Court 2007) (KSR)
Claim 17 is rejected under 35 U.S.C. 103 as being unpatentable over Morris in view of Tollefson in view of Lin.
Re. Cl. 17, Morris discloses: A conduit routing and support apparatus (Fig. 1), comprising: a first body formed of flexible material (20, Fig. 1; Paragraph 0015); a slot (12, Fig. 1) formed into a first end of said first body (see Fig. 1), said slot positioned between opposing sidewalls formed on two opposing legs of said first body (18a, 18b, Fig. 1); said slot extending a depth distance from an open end extending between respective end surfaces of said two legs at said first end of said body, to a curved endwall (see 16, Fig. 1); said slot for positioning a first conduit therein (see 14, Fig. 1); said slot having a diameter between said opposing sidewalls thereof which is sized equal to or slightly larger than a conduit diameter of said first conduit (see Fig. 1); a curve of said curved endwall matching an exterior radius of said first conduit (see Fig. 1); said depth distance of said slot being larger than said conduit diameter (see Fig. 1); and whereby, with said first body engaged to a mounting surface to a mounted position thereof (see Fig. 4a), said first conduit is slidably insertable into said slot, to a mounted position with said lower surface area of said first conduit contacting said curved sidewall (see Fig. 4a).
Re. Cl. 17, Morris discloses the use of multiple bodies next to one another to support various conduits (see Fig. 5 and 9 for instance) and a conduit retainer (see 22d, Fig. 1) but does not disclose a first shoulder positioned on one of said pair of sidewalls within said slot across from a second shoulder positioned upon a second of said pair of sidewalls within said slot; said first shoulder for contacting a first side of an upper surface area of said first conduit opposite said lower surface area of said first conduit contacting said curved sidewall, and said second shoulder for contacting a second side of said upper surface area of said conduit opposite said first side thereof; a projection extending from a first side edge of said first body ;a recess formed into a second side edge of said first body; said first conduit in sliding contact with said first and second shoulder to impart an outward flexing of said two legs and thereafter past said first and second shoulders and said first and said second shoulder contacting said upper surface of said conduit. Tollefson discloses a conduit routing and support apparatus (10, Fig. 1), comprising: a first body (see 10, Fig. 1); a projection (16, Fig. 1) extending from a first side edge of said first body (see Fig. 1); a recess (see 18, Fig. 1) formed into a second side edge of said first body (see Fig. 1); with said projection engageable with said recess formed into said second side edge of said first body to form a rack supporting said first conduit within said slot in said first body and supporting said second conduit within said slot formed into said second body (see Fig. 4);
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 Morris device to have the projection and recess configuration of Tollefson with reasonable expectation of success since Tollefson states that such a modification enables the devices to be interlocked in a side-by-side manner (Paragraph 0039, Lines 1-5). Such a modification would enable the device to be used and or stored in a particular configuration which would not shift or otherwise move inadvertently.
Re. Cl. 17, Morris in view of Tollefson does not disclose the conduit retainer includes a first shoulder positioned on one of said pair of sidewalls within said slot across from a second shoulder positioned upon a second of said pair of sidewalls within said slot; said first shoulder for contacting a first side of an upper surface area of said first conduit opposite said lower surface area of said first conduit contacting said curved sidewall, and said second shoulder for contacting a second side of said upper surface area of said conduit opposite said first side thereof; said first conduit in sliding contact with said first and second shoulder to impart an outward flexing of said two legs and thereafter past said first and second shoulders and said first and said second shoulder contacting said upper surface of said conduit. Lin discloses a conduit support (Fig. 2) which includes a slot (213, Fig. 2) formed by opposing walls (see Fig. 2) and a conduit retainer (214, Fig. 2-4) for holding the conduit within said slot and thereby maintaining a lower surface are of said conduit adjacent said endwall (see Fig. 1 and Paragraph 0020). Re. Cl. 17, Lin discloses a first shoulder positioned on one of said pair of sidewalls within said slot across from a second shoulder positioned upon a second of said pair of sidewalls within said slot; said first shoulder for contacting a first side of an upper surface area of said first conduit opposite said lower surface area of said first conduit contacting said curved sidewall (see Fig. 1-4), and said second shoulder for contacting a second side of said upper surface area of said conduit opposite said first side thereof (see Fig. 1-4); said first conduit in sliding contact with said first and second shoulder to impart an outward flexing of said two legs and thereafter past said first and second shoulders and said first and said second shoulder contacting said upper surface of said conduit (see Fig. 1-4, due to the plastic material disclosed in Paragraph 0004, the legs are capable of flexing outwardly due to a conduit passing between 214s as claimed in the intended use)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to replace the magnetic conduit retainer of Morris with the shoulders of Lin with reasonable expectation of success since it has been held obvious to replace one known means with another to achieve a predictable result. KSR Int’l Co. V. Teleflex Inc. 550 U.S. ___, 82 USPQ 2d 1385 (Supreme Court 2007) (KSR)
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-17 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. Zahuranec US 2009/0314903, Unruh US 5836130, Sakaida US 6109569, and Meyer US 2017/0258984 disclose other known conduit supports 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