DETAILED ACTION
This Office Action is in response to the application filed on 05/08/2024. Claims 1-20 are presented for examination consideration.
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 .
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the claims at issue are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); and In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on a nonstatutory double patenting ground provided the reference application or patent either is shown to be commonly owned with this application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The USPTO internet Web site contains terminal disclaimer forms which may be used. Please visit http://www.uspto.gov/forms/. The filing date of the application will determine what form should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to http://www.uspto.gov/patents/process/file/efs/guidance/eTD-info-I.jsp.
Claims 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 16, 18, 19, and 20 is rejected on the grounds of nonstatutory double patenting as being unpatentable over claim 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 15, 16, 17, and 18 of Patent US 12224567 B2. Although the claims at issue are not identical, they are not patentably distinct from each other because as shown below:
Claim 1 of Application 18/658,121
Claim 1 of US 12224567 B2
An electrical box comprising: an enclosure having a bottom wall and a peripheral wall extending away from the bottom wall in an axial direction of the enclosure to define a cavity of the enclosure, a front opening of the enclosure providing access to the cavity thereof;
An electrical box comprising: an enclosure having a bottom wall and a peripheral wall extending away from the bottom wall in an axial direction of the enclosure to define a cavity of the enclosure, a front opening of the enclosure providing access to the cavity thereof;
a retainer wall extending axially from the bottom wall and spaced from the peripheral wall with respect to an inward direction of the enclosure arranged transverse to the axial direction thereof;
a retainer wall extending axially from the bottom wall and spaced from the peripheral wall in a radial inward direction of the enclosure;
and a clamping element positioned and maintained in a clamp opening formed between the peripheral wall and the retainer wall by a press fit,
and a clamping element disposed in a clamp opening formed between the peripheral wall and the retainer wall with respect to a radial direction of the enclosure and held by a press fit,
the clamping element applying a clamping force to an electrical cable extending through a gap formed between the peripheral wall and the clamping element.
the clamping element applying a clamping force to an electrical cable extending through a gap formed between the peripheral wall and the clamping element…
Claim 2 of Application 18/658,121
Claim 2 of US 12224567 B2
The electrical box of claim 1, wherein the peripheral wall includes a window portion through which the electrical cable is passed before the clamping element applies the clamping force to the electrical cable when extending through the gap.
The electrical box of claim 1, wherein the peripheral wall includes a window portion through which the electrical cable is passed before the clamping element applies the clamping force to the electrical cable when extending through the gap.
Claim 3 of Application 18/658,121
Claim 3 of US 12224567 B2
The electrical box of claim 2, wherein the electrical cable passes through a cable opening formed through the window portion.
The electrical box of claim 2, wherein the electrical cable passes through a cable opening formed through the window portion.
Claim 4 of Application 18/658,121
Claim 4 of US 12224567 B2
The electrical box of claim 3, wherein the window portion is provided as a knockout of the peripheral wall and the cable opening is formed by penetrating the knockout.
The electrical box of claim 3, wherein the window portion is a knockout of the peripheral wall and the cable opening penetrates the knockout.
Claim 5 of Application 18/658,121
Claim 5 of US 12224567 B2
The electrical box of claim 3, wherein an axially outer end of the clamping element spaced apart distally from the bottom wall is positioned further from the bottom wall than the cable opening with respect to the axial direction of the enclosure to cause the electrical cable to extend axially away from the bottom wall before the clamping element applies the clamping force to the electrical cable when extending through the gap.
The electrical box of claim 3, wherein an axial outer end of the clamping element spaced apart distally from the bottom wall is positioned further from the bottom wall than the cable opening with respect to the axial direction of the enclosure to cause the electrical cable to extend axially away from the bottom wall before the clamping element applies the clamping force to the electrical cable when extending through the gap, wherein the electrical cable extends over the axial outer end of the clamping element
Claim 6 of Application 18/658,121
Claim 6 of US 12224567 B2
The electrical box of claim 1, wherein the peripheral wall includes a sill wall projection and an axially outward portion disposed further from the bottom wall than the sill wall projection with respect to the axial direction of the enclosure, wherein the sill wall projection projects inwardly relative to the axially outward portion with respect to the inward direction of the enclosure.
The electrical box of claim 1, wherein the peripheral wall includes a sill wall projection and an axially outward portion disposed further from the bottom wall than the sill wall projection with respect to the axial direction of the enclosure, wherein the sill wall projection projects inwardly relative to the axially outward portion with respect to the inward direction of the enclosure
Claim 7 of Application 18/658,121
Claim 7 of US 12224567 B2
The electrical box of claim 6, wherein the clamp opening is formed directly between the sill wall projection and the retainer wall.
The electrical box of claim 6, wherein the clamp opening is formed directly between the sill wall projection and the retainer wall, and wherein the clamp opening is a rectangular-cuboid shaped opening.
Claim 8 of Application 18/658,121
Claim 8 of US 12224567 B2
The electrical box of claim 7, wherein the clamp opening is formed directly between an axially extending surface of the sill wall projection and an axially extending surface of the retainer wall, wherein the axially extending surface of the sill wall projection is substantially planar and the axially extending surface of the retainer wall is substantially planar, and wherein the axially extending surface of the sill wall projection is arranged parallel to the axially extending surface of the retainer wall.
The electrical box of claim 7, wherein the clamp opening is formed directly between an axially extending surface of the sill wall projection and an axially extending surface of the retainer wall, wherein the axially extending surface of the sill wall projection is substantially planar and the axially extending surface of the retainer wall is substantially planar, and wherein the axially extending surface of the sill wall projection is arranged parallel to the axially extending surface of the retainer wall.
Claim 9 of Application 18/658,121
Claim 9 of US 12224567 B2
The electrical box of claim 6, wherein the gap is formed between the axially outward portion of the peripheral wall and the clamping element.
The electrical box of claim 6, wherein the gap is formed between the axially outward portion of the peripheral wall and the clamping element.
Claim 10 of Application 18/658,121
Claim 10 of US 12224567 B2
The electrical box of claim 9, wherein the axially outward portion of the peripheral wall is substantially planar and arranged substantially parallel to the axial direction of the enclosure, and wherein a surface of the clamping element facing towards the axially outward portion of the peripheral wall is substantially planar and arranged substantially parallel to the axially outward portion of the peripheral wall.
The electrical box of claim 9, wherein the axially outward portion of the peripheral wall is substantially planar and arranged substantially parallel to the axial direction of the enclosure, and wherein a surface of the clamping element facing towards the axially outward portion of the peripheral wall is substantially planar and arranged substantially parallel to the axially outward portion of the peripheral wall.
Claim 11 of Application 18/658,121
Claim 11 of US 12224567 B2
The electrical box of claim 1, wherein the clamping element includes a substantially planar and plate-like main body having an outward facing surface and an oppositely arranged inward facing surface, and wherein a protuberance protrudes inwardly from the inward facing surface of the main body.
The electrical box of claim 1, wherein the clamping element includes a substantially planar and plate-like main body having an outward facing surface and an oppositely arranged inward facing surface, and wherein the protuberance protrudes inwardly from the inward facing surface of the main body, wherein the lower portion of the clamping element includes a first lateral leg and a second lateral leg defined by an indentation formed in an inner axial end of the clamping element between the first lateral leg and the second lateral leg of the clamping element.
Claim 12 of Application 18/658,121
Claim 12 of US 12224567 B2
The electrical box of claim 11, wherein the press fit includes the outward facing surface engaging the peripheral wall and the protuberance engaging the retainer wall within the clamp opening.
The electrical box of claim 11, wherein the press fit includes the outward facing surface engaging the peripheral wall and the protuberance engaging the retainer wall within the clamp opening, wherein the protuberance extends radially inwardly in a direction perpendicular to the axial direction of the enclosure.
Claim 16 of Application 18/658,121
Claim 15 of US 12224567 B2
The electrical box of claim 11, wherein the protuberance extends in lateral direction of the clamping element arranged transverse to each of the axial direction and the inward direction of the enclosure.
The electrical box of claim 11, wherein the protuberance extends in lateral direction of the clamping element arranged transverse to each of the axial direction and the inward direction of the enclosure.
Claim 18 of Application 18/658,121
Claim 16 of US 12224567 B2
The electrical box of claim 1, wherein the clamping element is formed from a resiliently flexible material.
The electrical box of claim 1, wherein the clamping element is formed from a resiliently flexible material.
Claim 19 of Application 18/658,121
Claim 17 of US 12224567 B2
The electrical box of claim 18, wherein the clamping element is formed from a polymeric material.
The electrical box of claim 16, wherein the clamping element is formed from a polymeric material.
Claim 20 of Application 18/658,121
Claim 18 of US 12224567 B2
The electrical box of claim 1, wherein the enclosure is formed from a non-metallic material.
The electrical box of claim 1, wherein the enclosure is formed from a non-metallic material.
Examiner’s Notes
This is an “inverted” double patenting rejection. The “inverted” rejection is prima facie proper. The reference of US 12224567 B2 used in the double patenting rejecting is directed to an improvement of the invention being claimed in application 18/658,121. The limitations improvement is as follows:
“Where the bottom wall, the peripheral wall, and the retainer wall cooperate with each other to form the clamp opening”.
“Wherein the clamping element is divided into the upper portion and the lower portion by the protuberance”.
“Where the lower portion of the clamping element is received entirely in the clamp opening by a press-fit and the upper portion extends outside of the clamp opening in a freely disposed position”.
“Where the gap is formed between the upper portion of the clamping element and peripheral wall with respect to an entire width of the clamping element perpendicular to an axial direction of the enclosure”.
See MPEP § 804.
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.
Claims 1, 2, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18,
and 20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Troder (US 4,724,282) and Troder hereinafter, cited in the 02/09/2026 IDS and the 11/04/2025 Canadian Office Action).
Regarding claim 1, Troder discloses an electrical box (item 10 of Figs. 1-2 and 3:21-32 shows and indicates electrical box 10) comprising: an enclosure having a bottom wall and a peripheral wall extending away from the bottom wall in an axial direction of the enclosure to define a cavity of the enclosure (items 12, 22, 16, 24 of Fig. 1 & items 12, 22, 16 of Fig. 2 and 3:28-36 & 3:33-36 shows and indicates enclosure 12 having bottom wall 22 {bottom 22} and peripheral wall 16 extending away from bottom wall 22 in the axial direction of the enclosure 12 to define cavity 24 of enclosure 12), a front opening of enclosure providing access to the cavity thereof (Figs. 1-2 and 3:28-36 & 3:33-36 shows and indicates front opening 24-opening {opening of cavity 24} of enclosure 12 providing access to cavity 24); a retainer wall extending axially from the bottom wall and spaced from the peripheral wall with respect to an inward direction of the enclosure arranged transverse to the axial direction thereof (item 38 of Figs. 1-2 and 3:54-64 & 4:31-46 shows and indicates retainer wall 38 {retainers 38} extending axially from bottom wall 22 and spaced from the peripheral wall 16 with respect to the inward direction of enclosure 12 arranged transverse to the axial direction of enclosure 12); and a clamping element positioned and maintained in a clamp opening formed between the peripheral wall and the retainer wall by a press fit (items 42, 40, 36 of Figs. 1-2 & item 42 of Fig. 3 and 3:51-64 & 4:6-13 & 4:31-46 & 5:3-40 shows and indicates clamping element 42 {wedge elements 42} positioned and maintained in the clamp opening 36_40 {opening for wedge element 42 between sill walls 36 and the upright surface 40} that is formed between peripheral wall 16 and retainer wall 38 by a press fit), the clamping element applying a clamping force to an electrical cable extending through a gap formed between the peripheral wall and the clamping element (items 60, 28, 42 of Figs. 1-2 and 3:37-53 & 5:3-40 shows and indicates clamping element 42 applying a clamping force to electrical cable 60 extending through gap 28_42 {gap for cable 60 that is formed between casing sections 28 and wedge elements 42} formed between peripheral wall 16 and clamping element 42).
Regarding claim 2, Troder discloses an electrical box, wherein the peripheral wall includes a window portion through which the electrical cable is passed before the clamping element applies the clamping force to the electrical cable when extending through the gap (item 32 of Fig. 2 and 3:43-50 & 5:28-40 shows and indicates where peripheral wall 16 includes window portion 32 through which electrical cable 60 is passed before clamping element 42 applies the clamping force to electrical cable 60 when extending through the gap 28_42).
Regarding claim 3, Troder discloses an electrical box, wherein the electrical cable passes through a cable opening formed through the window portion (item 34 of Fig. 2 and 3:45-51 & 5:3-27 shows and indicates where electrical cable 60 passes through cable opening 34 {openings 34} formed through window portion 32).
Regarding claim 4, Troder discloses an electrical box, wherein the window portion is provided as a knockout of the peripheral wall and the cable opening is formed by penetrating the knockout (Fig. 2 and 3:43-51 & 5:3-40 shows and indicates where window portion 32 is provided as a knockout of peripheral wall 16 and cable opening 34 is formed by penetrating the knockout).
Regarding claim 5, Troder discloses an electrical box, wherein an axially outer end of the clamping element spaced apart distally from the bottom wall is positioned further from the bottom wall than the cable opening with respect to the axial direction of the enclosure to cause the electrical cable to extend axially away from the bottom wall before the clamping element applies the clamping force to the electrical cable when extending through the gap (item 48 of Figs. 1-3 and 3:28-40 & 4:19-64 shows and indicates where axially outer end 48 {shoulders 48} of clamping element 42 spaced apart distally from bottom wall 22 is positioned further from bottom wall 22 than cable opening 34 with respect to the axial direction of enclosure 12 to cause electrical cable 60 to extend axially away from bottom wall 22 before clamping element 42 applies the clamping force to electrical cable 60 when extending through gap 28_42).
Regarding claim 6, Troder discloses an electrical box, wherein the peripheral wall includes a sill wall projection and an axially outward portion disposed further from the bottom wall than the sill wall projection with respect to the axial direction of the enclosure, wherein the sill wall projection projects inwardly relative to the axially outward portion with respect to the inward direction of the enclosure (item 36 of Figs. 1-2 and 3:51-64 & 4:6-13 shows and indicates where peripheral wall 16 includes sill wall projection 36 {sill walls 36} and axially outward portion 22-to-16-surface-36-top-edge {surface portion of the peripheral wall 16 that is in the axially direction from the bottom 22 to the surface direction of the peripheral wall 16 at the sill walls 36 top edge} disposed further from bottom wall 22 than sill wall projection 36 with respect to the axial direction of enclosure 12; and where sill wall projection 36 projects inwardly relative to axially outward portion 22-to-16-surface-36-top-edge with respect to the inward direction of enclosure 12).
Regarding claim 7, Troder discloses an electrical box, wherein the clamp opening is formed directly between the sill wall projection and the retainer wall (Figs. 1-2 and 3:28-64 & 4:6-64 & 5:3-40 shows and indicates where clamp opening 36_40 is formed directly between sill wall projection 36 and retainer wall 38).
Regarding claim 8, Troder discloses an electrical box, wherein the clamp opening is formed directly between an axially extending surface of the sill wall projection and an axially extending surface of the retainer wall, wherein the axially extending surface of the sill wall projection is substantially planar and the axially extending surface of the retainer wall is substantially planar, and wherein the axially extending surface of the sill wall projection is arranged parallel to the axially extending surface of the retainer wall (Figs. 1-2 and 3:28-64 & 4:6-64 & 5:3-40 shows and indicates where clamp opening 36_40 is formed directly between the axially extending surface of sill wall projection 36 and the axially extending surface of retainer wall 38; and where the axially extending surface of sill wall projection 36 is substantially planar and the axially extending surface of retainer wall 38 is substantially planar; and where the axially extending surface of sill wall projection 36 is arranged parallel to the axially extending surface of retainer wall 38).
Regarding claim 9, Troder discloses an electrical box, wherein the gap is formed between the axially outward portion of the peripheral wall and the clamping element (Figs. 1-2 and 3:28-64 & 4:6-64 & 5:3-40 shows and indicates where gap 28_42 is formed between axially outward portion 22-to-16-surface-36-top-edge of peripheral wall 16 and clamping element 42).
Regarding claim 10, Troder discloses an electrical box, wherein the axially outward portion of the peripheral wall is substantially planar and arranged substantially parallel to the axial direction of the enclosure, and wherein a surface of the clamping element facing towards the axially outward portion of the peripheral wall is substantially planar and arranged substantially parallel to the axially outward portion of the peripheral wall (Figs. 1-2 and 3:28-64 & 4:6-64 & 5:3-40 shows and indicates where axially outward portion 22-to-16-surface-36-top-edge of peripheral wall 16 is substantially planar and arranged substantially parallel to the axial direction of enclosure 12; and where the surface of clamping element 42 facing towards axially outward portion 22-to-16-surface-36-top-edge of peripheral wall 16 is substantially planar and arranged substantially parallel to axially outward portion 22-to-16-surface-36-top-edge of peripheral wall 16).
Regarding claim 11, Troder discloses an electrical box, wherein the clamping element includes a substantially planar and plate-like main body having an outward facing surface and an oppositely arranged inward facing surface, and wherein a protuberance protrudes inwardly from the inward facing surface of the main body (items 44, 46, 48, 36 of Figs. 1-2 & items 62, 44, 46, 48 of Fig. 3 and 3:28-40 & 4:1-64 & 5:3-40 shows and indicates where clamping element 42 includes a substantially planar and plate-like {flexible and resilient steel sheet} main body 46_44_48 {wedge elements 42 is segmented by the following portions: lower portion 46; upper portion 44; and shoulders 48} having outward facing surface 46_44_36 {outward surface comprised of surface of lower portion 46 and surface of upper portion 44 facing sill walls 36} and an oppositely arranged inward facing surface 46_44_38 {inward surface comprised of opposite surface of lower portion 46 and opposite surface upper portion 44 facing retainers 38}; and where protuberance 62 {gripping edge 62} protrudes inwardly from inward facing surface 46_44_38 of main body 46_44_48).
Regarding claim 12, Troder discloses an electrical box, wherein the press fit includes the outward facing surface engaging the peripheral wall and the protuberance engaging the retainer wall within the clamp opening (Figs. 1-3 and 3:28-40 & 4:1-64 & 5:3-40 shows and indicates where the press fit includes outward facing surface 46_44_36 engaging peripheral wall 16 and protuberance 62 engaging retainer wall 38 within clamp opening 36_40).
Regarding claim 13, Troder discloses an electrical box, wherein a first portion of the clamping element is received within the clamp opening and a second portion of the clamping element extends outside of the clamp opening with respect to a lateral direction of the clamping element arranged transverse to each of the axial direction and the inward direction of the enclosure (item 52 of Fig. 3 & Figs. 1-2 and 3:28-40 & 4:6-46 & 5:3-40 shows and indicates where first portion 52 {leg 52 that constitute a portion of wedge elements 42} of clamping element 42 is received within clamp opening 36_40 and second portion 44_48 {upper portion 44 and shoulders 48 that constitute a portion of wedge elements 42} of clamping element 42 extends outside of clamp opening 36_40 with respect to the lateral direction of clamping element 42 arranged transversely to each of the axial direction and the inward direction of enclosure 12).
Regarding claim 14, Troder discloses an electrical box, wherein the clamping force is applied to the electrical cable by the second portion of the clamping element (Figs. 1-3 and 3:28-40 & 4:6-46 & 5:3-40 shows and indicates where the clamping force is applied to electrical cable 60 by second portion 44_48 of clamping element 42).
Regarding claim 15, Troder discloses an electrical box, wherein the protuberance protrudes from the inward facing surface a first distance along the first portion of the clamping element and wherein the protuberance protrudes from the inward facing surface a second distance along the second portion of the clamping element, wherein the second distance is greater than the first distance (Figs. 1-3 and 3:28-40 & 4:1-46 & 5:3-40 shows and indicates where protuberance 62 protrudes from inward facing surface 46_44_38 the first distance along first portion 52 of clamping element 42; and where protuberance 62 protrudes from inward facing surface 46_44_38 the second distance along second portion 44_48 of clamping element 42; and where the second distance is greater than the first distance).
Regarding claim 16, Troder discloses an electrical box, wherein the protuberance extends in lateral direction of the clamping element arranged transverse to each of the axial direction and the inward direction of the enclosure (Figs. 1-3 and 3:28-40 & 4:1-46 & 5:3-40 shows and indicates where protuberance 62 extends in the lateral direction of clamping element 42 arranged transversely to each of the axial direction and the inward direction of enclosure 12).
Regarding claim 17, Troder discloses an electrical box, wherein an axially inner portion of the clamping element is disposed to a first side of the protuberance towards the bottom wall and an axially outer portion of the clamping element is disposed to a second side of the protuberance towards the front opening, and wherein the axially inner portion of the clamping element is received within the clamp opening and the axially outer portion of the clamping element is freely disposed outside of the clamp opening (Figs. 1-3 and 3:28-40 & 4:1-46 & 5:3-40 is understood to show and indicate where the axially inner portion of clamping element 42 is disposed to the first side of protuberance 62 towards bottom wall 22 and the axially outer portion of clamping element 42 is disposed to the second side of protuberance 62 towards front opening 24-opening; and where the axially inner portion of clamping element 42 is received within clamp opening 36_40 and the axially outer portion of clamping element 42 is freely disposed outside of clamp opening 36_40).
Regarding claim 18, Troder discloses an electrical box, wherein the clamping element is formed from a resiliently flexible material (Figs. 1-3 and 3:65-68 & 4:1-5 indicates where clamping element 42 is formed from a resiliently flexible material).
Regarding claim 20, Troder discloses an electrical box, wherein the enclosure is formed from a non-metallic material (Figs. 1-2 and 3:21-36 indicates where enclosure 12 is formed from a non-metallic material).
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 of this title, 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 set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied 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.
Claim 19 are rejected under 35 U.S.C. 103 as being unpatentable over Troder, as detailed in the rejection of claims 18 and 1 above, in view of Ravikumar et al. (US 9,326,757 B2 and Ravikumar hereinafter).
Regarding claim 19, Troder discloses an electrical box, wherein the clamping element is formed from a resiliently flexible material (Figs. 1-3 and 3:65-68 & 4:1-5 indicates where clamping element 42 is formed from an equivalent material having the desired flexibility, resiliency and durability could also be used).
However, Troder does not disclose wherein the element is formed from a polymeric material.
Ravikumar discloses wherein the element is formed from a polymeric material (item 840 of Fig. 38 and 3:26-29 & 11-27-31 shows and indicates where element 840 {anchor element 840 can alternatively be formed from resilient polymeric materials of sufficient strength, flexibility and durability} is formed from a polymeric material).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate wherein the element is formed from a polymeric material into the structure of Troder. One would have been motivated in the electrical box of Troder and have the element be formed from a polymeric material, in order to provide an equivalent material that can be used for a clamping element that has the desired flexibility, resiliency and durability that is indicated by Troder in 4:1-5, as reiterated by Ravikumar in 3:26-29, in the electrical box of Troder.
In addition, the applicant has not disclosed that selecting the clamping element be comprised of a polymeric material solves any stated problems or provides any unexpected results within the choice of materials in forming the clamping element. As such, the Examiner considers this limitation to be a design choice. Therefore, it would have been obvious as matter of obvious design choice to one having ordinary skill in the art before the effective filing date of the claimed invention to have the clamping element be comprised of a polymeric material, as indicated by Ravikumar, since it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use. In re Leshin, 227 F.2d 197, 125 USPQ 416 (CCPA 1960).
Additionally, the reference of Ravikumar is still analogous art, though the reference is not in same field of endeavor as the claimed invention. The reference of Ravikumar addresses the problem faced by the Applicant in ¶[0043] of the PgPub, namely to provide substantially a rigid and resiliently flexible material, as reiterate by Ravikumar in 3:26-29. See MPEP § 2141.01(a)I.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to GUILLERMO J EGOAVIL whose telephone number is (571)270-1325. The examiner can normally be reached Mon-Fri 8:00-5:00.
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/GUILLERMO J EGOAVIL/Examiner, Art Unit 2847
/TIMOTHY J THOMPSON/Supervisory Patent Examiner, Art Unit 2847