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 .
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 2/9/2026 has been entered. Claims 1-15 and 21-25 remain pending in the present application.
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.
Claim 21 is 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.
Claim 21 recites the limitation "the cable tie groove" in Line 1-2. There is insufficient antecedent basis for this limitation in the claim. The limitation should be changed to read “a cable tie groove” and in Line 3 the limitation “a cable tie groove” should be amended to read “the cable tie groove” to overcome this issue. Alternatively, claim 21 could be amended to depend from claim 3, 4, or 5 while having the limitation in line 3 amended to read “the cable tie groove” to overcome this issue since that is where the cable tie groove is established previously.
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claims 1-8 and 21-22 are rejected under 35 U.S.C. 103 as being unpatentable over Gretz US 7407138 (hereinafter Gretz) in view of Mohlman US 10439381 (hereinafter Molhman).
PNG
media_image1.png
792
626
media_image1.png
Greyscale
PNG
media_image2.png
810
778
media_image2.png
Greyscale
Re. Cl. 1, Gretz discloses: A channel mount fixing (Fig. 1) comprising: a body section (14, Fig. 1), the body section configured to position an elongated article adjacent to a workpiece (see Fig. 7); a mount (28, Fig. 1), the mount configured to attach to the workpiece (see Fig. 7), the mount connected to the body section (see Fig. 1); and an object support (12, 18, Fig. 1-3), the object support configured to support the elongated article (see Fig. 3 and 7), the object support extending from the body section (see Fig. 3), the object support and the body section defining a cradle therebetween (see Fig. 3), the cradle configured to receive the elongated article (see Fig. 3), the object support comprising:;a stand-off member (12, Fig. 3) that extends orthogonally from the body section at a stand-off member first end (see Fig. 3, 12 extends orthogonally from 14 at a left end), and a retainer arm (18, Fig. 3), the retainer arm configured to retain the elongated article in the cradle (see Fig. 3).
Re. Cl. 2, Gretz discloses: the mount connects to the body section at a first side of the body section (see Fig. 1-3, top of 14), wherein the object support extends from the body section at a second side of the body section (see Fig. 3, lower side of 14), and wherein the first side is opposite the second side (see Fig. 3).
Re. Cl. 3, Gretz discloses: a cable tie groove (see annotated figure 1, and 46 Fig. 1) defined in at least one of an upper surface of the stand-off member or the body section (see Fig. 1), the cable tie groove configured to receive and guide a cable tie to position the cable tie in a fastening position around the elongated article (see Fig. 9).
Re. Cl. 4, Gretz discloses: the cable tie groove further comprises: at least one guide flange (24, Fig. 9), the guide flange configured to limit lateral movement of the cable tie (see Fig. 9, the member 24 is configured to limit lateral movement of the cable tie so that it is not misaligned with 46).
Re. Cl. 5, Gretz discloses: the cable tie groove is defined adjacent to the guide flange (see annotated figure 1).
Re. Cl. 6, Gretz discloses: the mount further comprises: a wing (40, Fig. 9) that extends orthogonally from a first side of the body section, the wing including a connector configured to connect the mount to the workpiece (see 42, Fig. 9).
Re. Cl. 7, Gretz discloses: the connector is a fastener aperture (see 42, Fig. 9) defined through the wing, the fastener aperture configured to receive a fastener that is configured to engage the workpiece (see Fig. 9, Col. 4, Lines 62-67).
Re. Cl. 8, Gretz discloses: the mount further comprises: a second wing (other side wall 40, Fig. 1-2 and 9) that extends orthogonally from a second side of the body section, the second side opposite the first side (see Fig. 9), the second wing including a second connector configured to connect the mount to the workpiece (42 in other side wall 40), the second connector is a second fastener aperture defined through the second wing, the second fastener aperture configured to receive a second fastener that is configured to engage the workpiece (see Fig. 9, Col. 4, Lines 62-67).
Re. Cl. 21, Gretz discloses: the cable tie groove connects with the cable tie pass-thru to enable the cable tie inserted into the cable tie pass-thru to transition into a cable tie groove (see Fig. 9, 46 in 14 connects with pass through between 68s to secure members 32).
Re. Cls. 1, 3 and 22, Gretz does not disclose a block, the block configured to attach to the elongated article via a cable tie, the block defining a cable tie pass-thru therethrough that is configured to receive the cable tie therein; the stand-off member configured to space the block apart from the body section, the block extending upwards from a stand-off member second end; the retainer arm extending from the block (Cl. 1), the cable tie groove guiding the cable tie through the cable tie pass through (Cl. 3) or the cable tie pass-thru pass thru comprises an inlet and an outlet, wherein the inlet and the outlet are spaced apart from the body section (Cl. 22). Re. Cl. 1, Mohlman discloses a channel mount (132, Fig. 8) configured to support elongate articles therein, which includes a body section (138a, Fig. 8) and an object support (137a, Fig. 8) which includes a block (see annotated figure 8) configured to attach to the elongated article via a cable tie (see Fig. 8), the block defining a cable tie pass-thru therethrough (158, Fig. 8) that is configured to receive the cable tie therein (see Fig. 8); a standoff member (see annotated figure 8) that extend orthogonally from the body section at a standoff member first end (see Fig. 8, the bottom of the annotated standoff member is perpendicular to 138a where 144 is located), the stand-off member configured to space the block apart from the body section (see Fig. 8), the block extending upwards from a stand-off member second end (see annotated figure 8); a retainer arm (see annotated figure 8), the retainer arm configured to retain the elongated article in the cradle (see Fig. 8), the retainer arm extending from the block (see annotated figure 8, the retainer arm extends laterally towards the base 138a). Re. Cl. 22, Mohlman discloses the cable tie pass-thru pass thru comprises an inlet and an outlet (see Fig. 8, where the cable tie enters and then exits 158), wherein the inlet and the outlet are spaced apart from the body section (see Fig. 8, laterally spaced from 138a).
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 lip configuration (64, 66, 68)of Gretz with the pass-through block of Mohlman with reasonable expectation of success since such a modification would prevent the cable tie from sliding relative to the object support. Furthermore, it has been held obvious to replace one known means for another to achieve the predictable result of supporting a cable tie relative to an elongate object support. KSR Int’l Co. V. Teleflex Inc. 550 U.S. ___, 82 USPQ 2d 1385 (Supreme Court 2007) (KSR)
Re. Cl. 3, the combination of Gretz in view of Mohlman would disclose the cable claim limitations since by modifying Gretz to have its lip configuration (64, 66, 68) replaced with the annotated block of Mohlman would have groove (46 on 14, Fig. 9 in Gretz) configured to receive and guide a cable tie inserted through the cable tie pass through (through the block in Mohlman as seen in Fig. 8) to position the cable tie in a fastening position around the elongated article (see Fig. 9 of Gretz).
Claims 9-12 are rejected under 35 U.S.C. 103 as being unpatentable over Gretz in view of Mohlman as applied above, and in further view of Nguyen US 2017/0292634 (hereinafter Nguyen).
Re. Cls. 10 and 12, Gretz disclose the body section has a top end and a bottom end (see Fig. 1-3, top end being where 28 is and bottom end being where 12 connects to), the top end and bottom end defining a longitudinal axis therebetween (see Fig. 1) and a second identical object support (see Fig. 7) connected to the body section but including a separate body section. Re. Cls. 9-12, Gretz in view of Mohlman does not disclose the second object support extending from the body section, the second object support and the body section defining a second cradle therebetween, the second cradle configured to receive the elongated article, the second object support comprising: a second block, the second block configured to attach to the second elongated article via a second cable tie, the second block defining a second cable tie pass-thru therethrough that is configured to receive the second cable tie therein; a second stand-off member, the second stand-off member configured to space the second block apart from the body section, the second block extending from the second stand-off member; and a second retainer arm, the second retainer arm configured to retain the second elongated article in the second cradle, the second retainer arm extending from the second block, the second retainer arm spaced apart from the second block to define the second cradle therebetween (Cl. 9), wherein the object support and the second object support are spaced apart along the longitudinal axis in a stacked configuration (Cl. 10), a third object support, the third object support configured to support a third elongated article, the third object support extending from the body section, the third object support and the body section defining a third cradle therebetween, the third cradle configured to receive the third elongated article, the third object support further comprising: a third block, the third block configured to attach to the third elongated article via a third cable tie, the third block defining a third cable tie pass-thru therethrough that is configured to receive the third cable tie therein; a third stand-off member, the third stand-off member configured to space the third block apart from the body section, the third block extending from the third stand-off member; and a third retainer arm, the third retainer arm configured to retain the third elongated article in the third cradle, the third retainer arm extending from the third block (Cl. 11), or the body section has a top end and a bottom end, the top end and bottom end defining a longitudinal axis therebetween, and wherein the object support, the second object support, and the third object support are spaced apart along the longitudinal axis (Cl. 12). Nguyen discloses a channel mount fixing (Fig. 5a) which includes a body (164, Fig. 5a), object supports (166s, Fig. 5a) which are configured to support elongated articles therein (see Fig. 5a-b) and a cable tie passage (168, Fig. 5b) which enables for a cable tie to be secured to the mount fixing and elongate object (see Fig. 5a-b). Re. Cls. 9 and 11, Nguyen discloses a first object support (bottom 166, Fig. 5a), a second object support (middle 166, Fig. 5a) and a third object support (top 166, Fig. 5a) which are all identically structured and configured to support a second elongated article (see Fig. 5a-b), extending from the body section (see Fig. 5a-b), defining a second cradle between the body and object support (see Fig. 5a). Re. Cls. 10 and 12, Nguyen discloses the object supports are spaced apart along the longitudinal axis in a stacked configuration (see Fig. 5a-b, 166s are vertically stacked along a longitudinal axis extending through section 164).
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 Gretz in view of Mohlman device to duplicate its object supports (i.e. having multiple identical object supports extending from a single unitary body portion) as disclosed by Nguyen 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.
Claim 13 is rejected under 35 U.S.C. 103 as being unpatentable over Gretz in view of Mohlman om in view of Nguyen as applied to claims 9-12 above, and further in view of Wodka US 5316247 (hereinafter Wodka).
Re. Cl. 13, the combination discussed above does not disclose at least one of the retainer arm, second retainer arm, or third retainer arm further comprises: cradle identification indicia, the cradle identification indicia configured to indicate to a user an identity of a cradle. Wodka discloses a cable support (Fig. 1) which includes a retainer arm (20, 22, 36, or 38, Fig. 4) which comprises identification indicia, the cradle identification indicia configured to indicate to a user an identity of a cradle (Col. 5, Lines 9-14).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify at least one of the retainer arms of the combination of Gretz in view of Mohlman in view of Nguyen to have indicia as disclosed by Wodka with reasonable expectation of success since Wodka states that such a modification identifies which wires are placed in the device (Col. 5, Lines 9-14). Such a modification would provide a clear indication to inspectors, users, etc. as to what is being supported in each cradle.
Allowable Subject Matter
Claims 23-25 are allowed.
Claims 14-15 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.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-15 and 21-25 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. Balderama US 2005/0242245, Bartos US 2017/0241569, Caveny US 2004/0113024, and Gretz US 10920910 disclose other known channel mounts which are presented to the Applicant for their consideration.
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..
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
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.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/CHRISTOPHER GARFT/ Primary Examiner, Art Unit 3632
Prosecution Insights