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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on September 1, 2026 has been entered.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 23-24 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Regarding claim 23, the recitation “the saddle configured to receive the component” (line 11) lacks antecedent basis for “the component” because “a component” is first introduced later in the claim in line 15.
Claim 24 recites the limitation "the component" in line 10. There is insufficient antecedent basis for this limitation in the claim.
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.
Claim(s) 1-3, 5-6, 8-17, 21, 22 and 25 is/are rejected under 35 U.S.C. 103 as being unpatentable over Sylvester, US 10,663,089 in view of Olver, US 7,861,981 and Geiger, US 6,533,226.
Regarding claim 1, Sylvester discloses a fixing (50) comprising: a body section (52) [configured to mount on a workpiece]; an object support (a support side of the body section) [configured to support a component], the object support comprising: a support arm (see the annotated figure 10 below) extending from the body section (52), the support arm comprising: an outer surface (on the exterior of the fixing; see the annotated figure 10); a first flange (on an edge of 92), the first flange (92) extending from the outer surface along a first flange axis (see the annotated figure 10); a second flange (on an edge of 104), the second flange (104) extending from the outer surface, the second flange (104) parallel to the first flange (92), the second flange spaced apart from the first flange (figure 12); a third flange (on an edge of 76), the third flange (76) extending from the outer surface, the third flange (76) parallel to the first and second flanges (92, 104), the third flange (76) positioned between the first and second flanges (92, 104; figure 12), the third flange (76) spaced apart from the first and second flanges (92, 104; figure 12); a first receiver (74) defined between the first and third flanges (92, 76), the first receiver further comprising a saddle (angled surface 74 against which the bundle 140 abuts; figures 12 and 16) defined in the outer surface of the support arm, the saddle (74) [is configured to receive the component]; and a second receiver (an exterior flat surface of 76; see figure 16) defined between the second and third flanges (104, 76); and a tie aperture (96) [configured to receive a cable tie], the tie aperture (96) defined through at least one of the body section (52) or the object support.
Sylvester does not explicitly disclose at least a portion of the saddle forming a recessed profile between the first and third flanges, and the second receiver (76) comprises a channel defined in the outer surface of the support arm and configured to receive a cutting tool operable to cut a cable tie that bridges the second and third flanges.
Olver teaches a fixing mount having a receiver comprising a channel (27) defined in the outer surface (25) of the support arm (23) [and configure to receive a cutting tool (E) operable to cut a cable tie (C) that bridges the flanges on either side of the channel (figure 5)]. It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the second receiver (76) of Sylvester to include a channel defined in the outer surface as taught by Olver, in order to provide clearance for a cutting tool to access the underside of the cable tie while the adjacent flange shields the supported component from the cutting tool, thereby avoiding nicking or damaging the component when the cable tie is cut.
The combination of Sylvester and Olver does not expressly teach at least a portion of the saddle forming a recessed profile between the first and third flanges. Geiger teaches a fixing comprising a saddle (62) defined in an outer surface (exterior surface 82 of outer wall 78) of a support arm (78), at least a portion of the saddle (62) forming a recessed profile (inwardly bowed profile of 62 in figure 14b), [the saddle (62) is configured to receive the component (8), with a cable tie (56) passed through a passage (68) to hold the component against the saddle]. It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the saddle (74) of the combination of Sylvester and Olver, between the first and third flanges (92, 76), to form a recessed profile as taught by Geiger, in order to cradle the round component with broad surface contact the minimizes pinching and crushing of the component when the cable tie is tightened.
Claim language set in brackets [] set forth above and below in this office action are considered by the examiner to be intended use that fails to further limit the structure of the claimed invention. Since the claimed invention is directed solely to that of the fixing, the prior art must only be capable of performing the functional recitations in order to be applicable, and in the instant case, the examiner maintains that the cable tie mount taught by the combination of Sylvester, Olver, and Geiger, is indeed capable of the intended use statements. Note that it has been held that a recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus satisfying the claimed structural limitations.
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Regarding claim 2, the combination of Sylvester, Olver, and Geiger teaches the fixing of claim 1. Sylvester further discloses a second object support (another support side of the body opposite to the first object support in claim 1; mirroring the object support in the annotated figure 10) [configured to support a second component], the second object support comprising: a second support arm (mirroring the support arm in the annotated figure 10) extending from the body section (52), the second support arm comprising: a second outer surface (see the annotated figure 10); a fourth flange (92), the fourth flange (92) extending from the second outer surface along a fourth flange axis; a fifth flange (104), the fifth flange (104) extending from the second outer surface, the fifth flange (104) parallel to the fourth flange (92), the fifth flange spaced apart from the fourth flange; a sixth flange (an corner edge of 66), the sixth flange extending from the second outer surface, the sixth flange (66) parallel to the fourth and fifth flanges (92, 104), the sixth flange (66) positioned between the fourth and fifth flanges (92, 104), the sixth flange (66) spaced apart from the fourth and fifth flanges (92, 104); a third receiver (64) defined between the fourth and fifth flanges (92, 104); and a fourth receiver (on 66) defined between the fifth and sixth flanges (104, 66); and a second tie aperture (94) [configured to receive a second cable tie], the second tie aperture (94) defined through at least one of the body section (52) or the second object support.
Regarding claim 3, the combination of Sylvester, Olver, and Geiger teaches the fixing of claim 2. Sylvester further discloses wherein the body section (52) includes a mounting section (a middle curved section of the body 52), wherein the object support and the second object support are located on opposite sides of the body section (52) with the mounting section (having curved surfaces 56, 60) therebetween (see the annotated figure 10).
Regarding claim 5, the combination of Sylvester, Olver, and Geiger teaches the fixing of claim 2. Sylvester further discloses [wherein the third receiver (64) is configured for receiving the second component, and wherein the fourth receiver (surface of 66) is configured for receiving a cutting tool for cutting the second cable tie (the tool is capable of cutting the cable tie and received by the surface 66 of Sylvester)].
Regarding claim 6, the combination of Sylvester, Olver, and Geiger teaches the fixing of claim 2. Sylvester further discloses wherein the body section (52) includes a base (98), the base including a base first end (on one end) that extends to a base second end (on another end opposite to the one end) and defining a base plane therebetween (figure 12), wherein the fixing defines a center axis that is orthogonal to the base plane (figure 12), wherein the second receiver (on 76) is outwardly facing in a first direction away from the center axis (figure 12), and wherein the fourth receiver (on 66) is outwardly facing in a second direction away from the center axis (figure 12).
Regarding claim 8, the combination of Sylvester, Olver, and Geiger teaches the fixing of claim 6. Sylvester further discloses wherein the first receiver (74) and the third receiver (64) are upwardly facing in a third direction away from the base plane (see figure 12).
Regarding claim 9, the combination of Sylvester, Olver, and Geiger teaches the fixing of claim 8. Sylvester further discloses wherein the third direction (when the first and third receivers are facing a direction vertically upward) is orthogonal to at least one of the first direction or the second direction (figure 12).
Regarding claim 10, the combination of Sylvester, Olver, and Geiger teaches the fixing of claim 2. Sylvester further discloses wherein the first flange (on 92), the second flange (on 104), and the third flange (on 76) radially extend from the outer surface (of the body 52), and wherein the fourth flange (on 92), the fifth flange (on 104), and the sixth flange (on 66) radially extend from the second outer surface (of the body 52).
Regarding claim 11, the combination of Sylvester, Olver, and Geiger teaches the fixing of claim 1. Sylvester further discloses wherein the body section (52) comprises: a base (98) that includes a base first end (one end) that extends to a base second end (another end opposite to the one end), the base defining a base plane (figure 12).
Regarding claim 12, the combination of Sylvester, Olver, and Geiger teaches the fixing of claim 11. Sylvester further discloses wherein the fixing defines a center axis (along a stud 106 in the figures) that is orthogonal to the base plane (figure 12), wherein the first flange, the second flange, and the third flange radially extend from the outer surface, and wherein the first flange axis is orthogonal to the center axis (the first flange axis is on a flat plane orthogonal to the center axis of the body).
Regarding claim 13, the combination of Sylvester, Olver, and Geiger teaches the fixing of claim 11. Sylvester further discloses wherein the body section (52) includes a mounting section (having curved surfaces 56, 60), wherein the mounting section (56, 60) is spaced apart from the base first end and the base second end (see figure 12), and wherein the tie aperture (96) comprises an inner opening (80) adjacent the mounting section (figure 12; the section 56, 60 comprises an opening for the stud 106), an outer opening (connected to the aperture 96; see figure 12) in the base first end, and a passageway (see figure 12) extending therebetween, the tie aperture (96) [configured to guide the cable tie below the support arm].
Regarding claim 14, the combination of Sylvester, Olver, and Geiger teaches the fixing of claim 13. Sylvester further discloses wherein the passageway (see passageway connected by 96 in figure 12) defines a ramp portion (an inner edge portion of 92 or 76) that extends from the outer opening to the inner opening oblique to the base plane (see figure 12), [the ramp portion configured to guide the cable tie].
Regarding claim 15, the combination of Sylvester, Olver, and Geiger teaches the fixing of claim 1. Sylvester further discloses wherein the body section (52) includes a mounting section (56, 60), and wherein the mounting section includes a connector (100) [configured for connecting the mounting section to the workpiece].
Regarding claim 16, the combination of Sylvester, Olver, and Geiger teaches the fixing of claim 15. Sylvester further discloses wherein the connector (100) is an aperture (see figure 12) that is defined through the mounting section (figure 12), the aperture (100) [configured to receive a fastener that engages a mounting aperture that is defined in the workpiece].
Regarding claim 17, the combination of Sylvester, Olver, and Geiger teaches the fixing of claim 1. Olver further teaches wherein the channel (27) of the second receiver is V-shaped (figure 2).
Regarding claim 21, the combination of Sylvester, Olver, and Geiger teaches the fixing of claim 1. Sylvester further discloses wherein the third flange (76) further comprises: a sidewall (forming part of the channel of the second receiver) positioned between the cutting tool (E of Olver) and the component (B of Olver) received by the first receiver (74) [when the cable tie is cut by the cutting tool].
Regarding claim 22, the combination of Sylvester, Olver, and Geiger teaches the fixing of claim 1. Sylvester further discloses wherein the first receiver (74) further comprises: a saddle (contacting surface of the receiver to abut the component; see figure 12) defined in the outer surface of the support arm (figure 12) [and configured to receive the component, wherein the saddle locates the component in a routed position on the support arm before the cable tie is installed].
Regarding claim 25, the combination of Sylvester, Olver, and Geiger teaches the fixing of claim 1. Geiger further teaches wherein the recessed profile has a concave shape (concave profile of 62; figures 14b and 15).
Claim(s) 23-24, as best understood, is/are rejected under 35 U.S.C. 103 as being unpatentable over Sylvester, US 10,663,089 in view of Geiger, US 6,533,226.
Regarding claim 23, Sylvester discloses a fixing comprising: a body section (52) [configured to mount on a workpiece]; a support arm (see an annotated figure 10 below) extending from the body section (52) and having an outer surface (on the exterior of the fixing; see the annotated figure 10); a plurality of parallel flanges extending from the outer surface, including a first flange (92), a second flange (104), and a third flange (76), the third flange (76) positioned between the first and second flanges (92, 104); a component receiver (74) defined between the first and third flanges (92, 76), the component receiver (74) further comprising a saddle (angled surface 74 against which the bundle 140 abuts; figures 12 and 16) defined in the outer surface of the support arm, the saddle (74) [is configured to receive the component]; and a cutting guide (portion of the second end 72 below the cable tie 130; for a cutting tool to cut said tie) defined between the second and third flanges (104, 76), the third flange (76) further comprises a structural sidewall (on the flange 76 itself; see figures 1-2) defining a physical barrier between the component receiver (74) and the cutting guide, [the structural sidewall (on 76) configured to separate a cutting tool inserted into the cutting guide from a component supported in the component receiver while the cutting tool removes a cable tie bridging the third flange].
Sylvester does not explicitly disclose at least a portion of the saddle forming a concave chape between the first and third flanges.
Geiger teaches a fixing comprising a saddle (62) defined in an outer surface (exterior surface 82 of outer wall 78) of a support arm (78), at least a portion of the saddle (62) forming a concave shape (concave profile of 62 in figures 14b and 15), [the saddle (62) is configured to receive the component (8), with a cable tie (56) passed through a passage (68) to hold the component against the saddle]. It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the saddle (74) of Sylvester, between the first and third flanges (92, 76), to form a concave profile as taught by Geiger, in order to cradle the round component with broad surface contact the minimizes pinching and crushing of the component when the cable tie is tightened.
Regarding claim 24, Sylvester discloses a fixing comprising: a body section (52) [configured to mount on a workpiece]; a support arm (see the annotated figure 10) extending from the body section (52) and having an outer surface (on the exterior of the fixing; see the annotated figure 10); a plurality of parallel flanges (92, 104, 76) extending from the outer surface; a recessed channel defined between a pair of the flanges, [the recessed channel configured as a dedicated tool-clearance zone]; a component saddle (74) defined adjacent to the recessed channel and separated therefrom by at least one of the flanges, the component saddle (angled surface 74 against which the bundle 140 abuts; figures 12 and 16) defined in the outer surface of the support arm, the component saddle (74) [is configured to receive the component]; and a tie aperture (78) defined through at least one of the body section (52) or the support arm, [the tie aperture (78) configured to guide a cable tie (130) into a loop (figure 14) that bridges the recessed channel such that the cable tie (130) is elevated from the outer surface for access by a cutting tool].
Sylvester does not explicitly disclose at least a portion of the component saddle forming a concave shape.
Geiger teaches a fixing comprising a saddle (62) defined in an outer surface (exterior surface 82 of outer wall 78) of a support arm (78), at least a portion of the saddle (62) forming a concave shape (concave profile of 62 in figures 14b and 15), [the saddle (62) is configured to receive the component (8), with a cable tie (56) passed through a passage (68) to hold the component against the saddle].
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the component saddle (74) of Sylvester, between the first and third flanges (92, 76), to form a concave profile as taught by Geiger, in order to cradle the round component with broad surface contact the minimizes pinching and crushing of the component when the cable tie is tightened.
Response to Arguments
Applicant’s arguments with respect to claim(s) September 1, 2026 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.
Upon further inspection, the prior art of Geiger has been considered to teach a saddle defined in an outer support surface as a recessed, concave cradle for a cable tie bundle. It is noted that Geiger has been relied upon for the claimed recessed or concave saddle feature (and not Olver). 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
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Caveney, US 7,770,852 discloses a cable tie mount with angled bundle support surfaces.
Hjerpe, US 2011/0114802 discloses a mount with a curved bundle cradle.
The following is suggested to advance prosecution. It is based on the art of record and is not an indication of allowable subject matter. Claim 1 would appear to be distinguishable over the applied art if amended to incorporate the limitations of claims 11, 13, and 14, and further to recite that the outer opening of the tie aperture is defined in the base first end between the second flange and the base plane, with the passageway extending beneath the support arm, so that the cable tie extends from the outer opening across the second flange, the channel, the third flange, and the saddle to the inner opening (see figure 2E and paragraph [0043]).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ROWLAND DO whose telephone number is (571)270-5737. The examiner can normally be reached Monday-Thursday 8:30 - 7:00 PT.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jason San can be reached at (571) 272-6531. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/R.D./ Examiner, Art Unit 3677
/JASON W SAN/ SPE, Art Unit 3677
