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 § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 1 -4, 6-7, 9-19 - are rejected under 35 U.S.C. 103 as being unpatentable over Hattori, et al, (US2021/0101544) in view of Kelman, et al (US 5,354,114).
Regarding Claim-1 Hattori et al.- discloses a channel insert component (Fig. 2 & 3, Item#10) for passing one or more elongated objects (Fig. 1, Item#W) into or out of a barrier. The channel insert component comprising: an opening through an anterior face of the channel inserts component (Fig. 1, Item#10), the opening (Fig. 1, C) configured to receive the one or more elongated objects (Fig. 1, W), the opening defined by one or more radiused edges (Fig. 2, 13, see below) between the anterior face and a posterior face of the channel insert component, the one or more radiused edges configured to (Fig. 1, Item#102) in the channel insert component (Fig. 2 & 3, Item#10) configured to detachably secure the channel insert component to a protrusion of the channel (Fig. 1, Item#102) ; and a gap across a lateral face of the channel insert component along the opening (Fig. 1, Item#102), the gap disposed between one or more cantilevers of the lateral face (Fig. 2, Item#13 & 13A), the one or more cantilevers being flexible from an initial shape to widen the gap and enable the one or more elongated objects to fit through the gap (Fig. 2, Item#13 and 13A) and into or out of the opening (~C), the one or more cantilevers being resilient to return to the initial shape (Fig. 2, Item#13 & 13A).
Hattori et al.- does not discloses a channel for routing of a one or more elongated objects, however Kelman et.al. discloses a race-way channel for routing of a one or more elongated objects (Fig. 2, Item- 26 and 50), stating that Duct-26 spans the width of the vehicle so that wiring can be delivered at any location in the instrument panel at any side of the vehicle.
It would be obvious to one skilled in the art at the time of the invention to combine the Channel Kelman et.al. with the race-way Channel insert of Hattori, et. al. Since as stated by Kelman et.al., the wiring withing the channel is passed out of the channel as required to provide wiring to the instrument panel. It would have been obvious to use a channel insert with the Chanel of Kelman et al. to better protect the wires from rough edges at the entry & exits to and from the channel.
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Regarding Claim-2: Hattori et al.- discloses a protrusion of the channel is integrally connected with and perpendicular to a sidewall of the channel (Fig.-1 & 2, See above), the sidewall integrally connected to a baseplate of the channel, and wherein the notch is defined by an anterior ridge and a posterior ridge, the anterior ridge spacing the one or more elongated objects apart from an edge of the protrusion of the channel (Fig.-1 & 2, See above).
Regarding Claim-3: Hattori et al.- discloses the posterior ridge includes an angled portion facing the notch such that the channel insert component can be removed from the channel by pushing the channel insert component towards an outside of the channel from inside of the channel (Annotated Figure-1 & 2 above).
Regarding Claim-4: Hattori et al.- doesn’t disclose that the anterior ridge is a flat rectangular protrusion. However, it would be obvious that the anterior ridge can be modified as a flat rectangular protrusion since- a change in shape is generally recognizing as being within the level of ordinary skill in the art. In re Dailey, 149 USPQ 47 (CCPA 1976).
Regarding Claim-6: Hattori et al.- discloses that the channel insert component is composed of a thermoplastic elastomer material (paragraph 26).
Regarding Claim-7: Hattori et al.- discloses that the channel insert component is composed of a material having a durometer providing mitigation of abrasion of the one or more elongated objects (as indicated in paragraph 26), we are using a thermoplastic elastomer material for this channel insert which is the same material applicant is using, therefore we meet this claim limitation.
Regarding Claim-9: Hattori et al.- discloses that the width of the one or more radiused edges of the channel insert component is wider than the protrusion of the channel (Annotated Fig.-1 & 2 above).
Regarding Claim-10: Hattori et al.- does not disclose that the one or more radiused edges of the channel insert component have a radius of at least one-eighth of an inch. However, it would be obvious that the radiused edges of the channel insert component can be modified to have a radius of at least one-eighth of an inch.- since a change in size is generally recognizing as being within the level of ordinary skill in the art. In re Dailey, 149 USPQ 47 (CCPA 1976).
Regarding Claim-11: Hattori et al.- discloses that the notch is a first notch, the protrusion of the channel is a first protrusion, and the channel insert component further comprises a second notch configured to detachably secure the channel insert component to a second protrusion of the channel (Annotated Fig.-1 & 2, See above).
Regarding Claim-12: Hattori et al.- discloses that a posterior side of the channel insert component has a structure configured to increase rigidity of the channel insert component (Fig.-1 & 2, Item#20A, 20B).
Regarding Claim-13: Hattori et al.- discloses that the channel is a raceway-type channel and the protrusion of the channel is perpendicular to a sidewall of the channel (Annotated Fig.-1 & 2, See above).
Regarding Claim-14: Hattori et al.- discloses that the opening of the channel insert component is open-ended towards the protrusion of the channel (Annotated Fig.-1 & 2, See above).
Regarding Claim-15: Hattori et al.- discloses that a channel assembly for routing elongated objects comprising: a channel including a baseplate integrally connected to a first sidewall and a second sidewall of the channel (Annotated Figure-1 & 2, Item-100), a first protrusion of the channel being integrally connected with and perpendicular to the first sidewall, a second protrusion of the channel being integrally connected with and perpendicular to the second sidewall, the baseplate configured to mount to a piece of machinery (Annotated Figure-1 & 2, Item-100, 101, 102); and a channel insert component comprising: an opening through an anterior face of the channel insert component configured to receive one or more elongated objects, the opening defined by one or more radiused edges between the anterior face and a posterior face of the channel insert component, the one or more radiused edges configured to mitigate abrasion of the one or more elongated objects during operation of the machinery or during vibration or other movement of the one or more radiused edges against the one or more elongated objects; a first notch and a second notch in the channel insert component configured to detachably secure the channel insert component to the channel, the first notch configured to receive the first protrusion and resist movement of the first protrusion out of the first notch, the second notch configured to receive the second protrusion and resist movement of the second protrusion out of the second notch; and a gap across a lateral face of the channel insert component along the opening, the gap disposed between one or more cantilevers of the lateral face, the one or more cantilevers being flexible from an initial shape to widen the gap and enable the one or more elongated objects to fit through the gap and into or out of the opening, the one or more cantilevers being resilient to return to the initial shape (Annotated Figure-1 & 2, Item-10, 20, 20A, 20B, 11, 12A, & 13 – 13A for Gaps).
Regarding Claim-16: Hattori et al.- discloses that the first notch is defined by a first anterior ridge and a first posterior ridge, the first anterior ridge spacing the one or more elongated objects apart from an edge of the first protrusion of the channel, and wherein the first posterior ridge includes an angled portion facing the first notch such that the channel insert component can be removed from the channel by pushing the channel insert component towards an outside of the channel from inside of the channel (Annotated Figure-1 & 2, Item-10, 11, 11A, 11Ac, 20A, 20B, 102, 102a).
Regarding Claim-17: Hattori et al.- discloses that the channel insert component is composed of a material having a durometer providing mitigation of abrasion of the one or more elongated objects (as indicated in paragraph 26), we are using a thermoplastic elastomer material for this channel insert which is the same material applicant is using, therefore we meet this claim limitation.
Regarding Claim-18: Hattori et al.- discloses that the width of the one or more radiused edges of the channel insert component is wider than the first protrusion of the channel (Annotated Figure-1 & 2, Item- 10, 12A, 12B, 20A, 20B).
Regarding Claim-19: Hattori et al.- discloses that the one or more cantilevers of the lateral face have a flat surface facing the opening (Annotated Figure-1 & 2, Item- 13, 13A).
Allowable Subject Matter
Claims 5, 8, and 20 – are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
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OBAIDUL GANI
Examiner
Art Unit 2847
/TIMOTHY J THOMPSON/Supervisory Patent Examiner, Art Unit 2847
Prosecution Insights