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 .
Claim Rejections - 35 USC § 102
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) 23-24 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Sylvester, US 10,663,089.
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); 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].
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; 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].
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, 5-17, 21 and 22 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.
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); 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 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 operable to cut a cable tie that bridges the flanges on either side of the channel]. 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 to receive the cutting tool with the cable tie bridging the second and third flanges across the channel.
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 (US 10,663,0898) and Olver (US 7,861,981), 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 and Olver 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 and Olver 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 and Olver 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 and Olver 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 7, the combination of Sylvester and Olver teaches the fixing of claim 6. Sylvester further discloses wherein the first direction and the second direction are opposite directions (see figure 12).
Regarding claim 8, the combination of Sylvester and Olver 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 and Olver 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 and Olver 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 and Olver 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 and Olver 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 and Olver 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 and Olver 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 and Olver 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 and Olver 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 and Olver 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 and Olver 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 and Olver 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].
Response to Arguments
Applicant's arguments filed February 4, 2026 have been fully considered but they are not persuasive. Applicant has amended claim 1 to further require the second receiver comprising a channel defined in the outer surface of the support arm; however, the amendment has necessitated a new ground of rejection as set forth above wherein the teaching reference by Olver (US 7,861,981) has been relied upon to teach the claimed channel.
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., the first receiver comprising a saddle defined in the outer surface of the support arm and configured to receive the component in claim 1) 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).
Conclusion
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 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
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