DETAILED ACTION
This Office Action is responsive to the Applicant’s communication filed 24 May 2024. In view of this communication, claims 1-18 are pending in the application.
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
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 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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-3, 5-13, and 15-17 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Bishop (US 4245874 A), hereinafter referred to as Bishop.
Regarding claim 1, Bishop teaches a flexible electrical conduit, comprising:
a flexible shaping body providing an open pathway to allow a flexible electrical conduit (62) to shape and form into different positions (column 4, lines 11-15: flexible, expandible member 62, which comprises wire elements 56);
a first end of the flexible electrical conduit (62) including a first connectable open pathway for connecting to a first rigid conduit (26) (column 4, lines 46-52: each end of the flexible member 62 connects to a rigid connector 26); and
a second end of the flexible electrical conduit (62) including a second connectable open pathway for connecting to a second rigid conduit (26) (column 4, lines 46-52: each end of the flexible member 62 connects to a rigid connector 26).
Regarding claim 2, Bishop teaches the flexible electrical conduit of claim 1, wherein the flexible shaping body (62) is a continuous, open pathway including indentations along the surface of the flexible shaping body (62) (see Fig. 3 and column 4, lines 11-14: the outer surface of body 62 comprises a wound wire 64, which results in an indented surface).
Regarding claim 3, Bishop teaches the flexible electrical conduit of claim 1, wherein the indentations along the surface of the flexible shaping body (62) are configured to allow the flexible electrical conduit (62) to shape and form into different positions (see Figs. 1 and 6-8 and column 5, lines 9-12: the flexibility of member 62 allows the member 62 to be twisted into a variety of shapes).
Regarding claim 5, Bishop teaches the flexible electrical conduit of claim 1, wherein the flexible shaping body (62) comprises an accordion-like surface capable of extending and contracting in length (column 5, line 16: the member 62 may be expanded).
Regarding claim 6, Bishop teaches the flexible electrical conduit of claim 1, wherein the first connectable open pathway (62) is rigidly mountable to the first rigid conduit (26) (see Fig. 3 and column 4, lines 5-10: the member 62 is fixed to the housing 26 with a set screw 60).
Regarding claim 7, Bishop teaches the flexible electrical conduit of claim 6, wherein the first connectable open pathway (62) is rigidly mountable to the first rigid conduit (26) by a set screw (60) (see Fig. 3 and column 4, lines 5-10: the member 62 is fixed to the housing 26 with a set screw 60).
Regarding claim 8, Bishop teaches the flexible electrical conduit of claim 1, wherein the second connectable open pathway (62) is rigidly mountable to the second rigid conduit (26) (see Fig. 3 and column 4, lines 5-10: the member 62 is fixed to the housing 26 with a set screw 60).
Regarding claim 9, Bishop teaches the flexible electrical conduit of claim 8, wherein the second connectable open pathway (62) is rigidly mountable to the second rigid conduit (26) by a set screw (60) (see Fig. 3 and column 4, lines 5-10: the member 62 is fixed to the housing 26 with a set screw 60).
Regarding claim 10, Bishop teaches the flexible electrical conduit of claim 1, wherein each of the flexible shaping body (62), the first end, and the second end is metal (column 4, lines 14-15: the flexible shaping body 62 comprises wire elements 64, 66 which are metal).
Regarding claim 11, Bishop teaches the flexible electrical conduit of claim 10, further comprising an insulating body disposed between the open pathway and the flexible body (62) (column 4, lines 18-20: the wires 64, 66 are vinyl coated).
Regarding claim 12, Bishop teaches an electrical conduit, comprising:
a first rigid portion (26) comprising an inner open pathway (38) (column 3, lines 59-60: each connector segment comprises a housing portion 38);
a second rigid portion (26) comprising an inner open pathway (38) (column 3, lines 59-60: each connector segment comprises a housing portion 38); and
a flexible portion (62) forming a continuous open pathway between the first rigid portion (26) and the second rigid portion (26), a first end including a first connectable open pathway, and a second end including a second connectable open pathway (column 4, lines 11-15: flexible, expandible member 62).
Regarding claim 13, Bishop teaches the flexible electrical conduit of claim 5, wherein the indentations along the surface of the flexible shaping body (62) are configured to allow the flexible electrical conduit (62) to shape and form into different positions (see Figs. 1 and 6-8 and column 5, lines 9-12: the flexibility of member 62 allows the member 62 to be twisted into a variety of shapes).
Regarding claim 15, Bishop teaches the electrical conduit of claim 5, wherein the first inner open pathway (38) of the first rigid portion (26) is connected to the first connectable open pathway of the first end of the flexible portion (62), and the second inner open pathway (38) of the second rigid portion (26) is connected to the second connectable open pathway of the second end of the flexible portion (62) (see Fig. 3 and column 4, lines 53-55).
Regarding claim 16, Bishop teaches a metal clad cable comprising: a fixed channel (62) including pre-installed electrical wires (56); and an integrated channel (68) configured to permit pulling through of electrical wires (56) including a first end, a second end, and an opening between the first end and the second end for pulling electrical wires (56) through the integrated channel (Fig. 3 and column 4, lines 15-20: conductors 56 and 58 pass through the passageway 68).
Regarding claim 17, Bishop teaches a non-metallic sheathed wire comprising: a fixed channel (62) including pre-installed electrical wires (64, 66); and an integrated channel (68) configured to permit pulling through electrical wires (56, 58) including a first end, a second end, and a pulling device for pulling electrical wires (56, 58) through the integrated channel (68) (Fig. 3 and column 4, lines 11-20).
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.
Claim(s) 4 and 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Bishop in view of Kirma (US 5619015 A), hereinafter referred to as Kirma.
Regarding claim 4, Bishop teaches the flexible electrical conduit of claim 1, but does not teach that the flexible shaping body is no longer malleable after a threshold number of times of being shaped or formed.
Kirma does teach that the flexible shaping body is no longer malleable after a threshold number of times of being shaped or formed (Kirma column 4, lines 9-15: the jacket 25a retains its shape after being bent a single time).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to form the flexible shaping body of Bishop such that it retains its shape after a predetermined number of bends as taught by Kirma because the bend retaining jacket of Kirma protects the wires from mechanical disturbances (Kirma column 1, lines 25-35).
Regarding claim 14, Bishop teaches the flexible electrical conduit of claim 5, but does not teach that the flexible shaping body is no longer malleable after a threshold number of times of being shaped or formed.
Kirma does teach that the flexible shaping body is no longer malleable after a threshold number of times of being shaped or formed (Kirma column 4, lines 9-15: the jacket 25a retains its shape after being bent a single time).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to form the flexible shaping body of Bishop such that it retains its shape after a predetermined number of bends as taught by Kirma because the bend retaining jacket of Kirma protects the wires from mechanical disturbances (Kirma column 1, lines 25-35).
Claim(s) 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Bishop in view of Couture (US 4951923 A), hereinafter referred to as Couture.
Regarding claim 18, Bishop teaches non-metallic sheathed wire of claim 17, but does not teach that the pulling device is fish tape or a string running a length of the integrated channel.
Couture does teach that the pulling device may be a fish tape or a string running a length of the integrated channel (Couture column 4, lines 1-13: fish tape 16 pulls the wires through the conduit).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to pull the wires of Bishop through the conduit of Bishop with a fish tape as taught by Couture because the tape of Couture reduces pulling and damage to the wires as they are installed (Couture column 2, lines 20-25).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to John B Freal whose telephone number is (571)272-4056. The examiner can normally be reached Mon-Fri 7:00-3:00.
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/JOHN B FREAL/Examiner, Art Unit 2847
/TIMOTHY J THOMPSON/Supervisory Patent Examiner, Art Unit 2847