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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 4/20/2026 has been entered.
Election/Restrictions
Newly submitted claims 39-40 are directed to an invention that is independent or distinct from the invention originally claimed for the following reasons: Originally filed claims 1-20 and newly filed claims 39-40 are related as product and process of use. The inventions can be shown to be distinct if either or both of the following can be shown: (1) the process for using the product as claimed can be practiced with another materially different product or (2) the product as claimed can be used in a materially different process of using that product. See MPEP § 806.05(h). In the instant case the product as claimed can be used in a materially different process since the product as originally claimed does not require the particular first and second portions of the enclosure body.
Since applicant has received an action on the merits for the originally presented invention, this invention has been constructively elected by original presentation for prosecution on the merits. Accordingly, claims 39-40 are withdrawn from consideration as being directed to a non-elected invention. See 37 CFR 1.142(b) and MPEP § 821.03.
To preserve a right to petition, the reply to this action must distinctly and specifically point out supposed errors in the restriction requirement. Otherwise, the election shall be treated as a final election without traverse. Traversal must be timely. Failure to timely traverse the requirement will result in the loss of right to petition under 37 CFR 1.144. If claims are subsequently added, applicant must indicate which of the subsequently added claims are readable upon the elected invention.
Should applicant traverse on the ground that the inventions are not patentably distinct, applicant should submit evidence or identify such evidence now of record showing the inventions to be obvious variants or clearly admit on the record that this is the case. In either instance, if the examiner finds one of the inventions unpatentable over the prior art, the evidence or admission may be used in a rejection under 35 U.S.C. 103 or pre-AIA 35 U.S.C. 103(a) of the other invention.
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.
Claims 28 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.
Re. Cl. 28, the limitation “the tightening feature configured to maintain engagement between the first adjustment feature and the second adjustment feature to keep the collet in the compressed state” renders the claim indefinite. Applicant defines the tightening feature as portions (1543) and (1443) as shown in Fig. 22 which appears to be some sort of shaped portion which a tool could interact with or grip. It is the Examiner’s understanding that the these features can be used to tighten the two halves together and thus establish the threaded connection between the two halves. However, it is unclear how such a feature would function to “maintain” the engagement since once the engagement is made, the shaped portions (1443 and 1543) would not perform any function on keeping the two halves threaded together and would enable disengagement in reverse manner from the engagement. Therefore, it is unclear what the Applicant is referring to in this instance. It is suggested that the Applicant amend the limitation to better align with what is disclosed in Paragraph 0124 of their specification (i.e. the tightening feature being configured to be engaged by a tool to secure the enclosure in the engaged position). The Examiner will interpret the claims according to what is disclosed in Paragraph 0124 for the purpose of examination.
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 21, 24-28, 29-32, and 35-38 are rejected under 35 U.S.C. 103 as being unpatentable over Burr US 7690940 (hereinafter Burr) in view of Robbins US 7001202 (hereinafter Robbins).
Re. Cl. 21, Burr discloses: A cable protection apparatus (Fig. 1) comprising: a first enclosure portion (14, Fig. 1) of an enclosure (14, 34 Fig. 1), wherein the first enclosure portion comprises a first body (see 14, Fig. 1), a first bore (interior of 14 where 45, 46, 50 passes, Fig. 2), a first channel (18, Fig. 1), and a first adjustment feature (22, Fig. 1), wherein the first bore traverses through the first body along its length (see Fig. 1-2), wherein the first channel traverses a thickness of the first body along its length between the first bore and an outer perimeter of the first body (see Fig. 1), wherein the first bore traverses a first receiving chamber portion disposed within the first body (see Fig. 1-2, interior portion of 14), and wherein the first bore is configured to receive a segment of a cable after the segment of the cable traverses the first channel from the outer perimeter of the first body to the first bore (see Fig. 2); a second enclosure portion (34, Fig. 1) of the enclosure, wherein the second enclosure portion is detachably coupled to the first enclosure portion (see Fig. 1, via 22 and 35), wherein the second enclosure portion comprises a second body (see 34, Fig. 1), a second bore (38, Fig. 1), and a second adjustment feature (35, Fig. 1), wherein the second bore traverses through the second body along its length (see Fig. 1-2), wherein the second bore traverses a second receiving chamber portion disposed within the second body (see Fig. 1-2), wherein the first receiving chamber portion and the second receiving chamber portion form a receiving chamber when the second adjustment feature is engaged with the first adjustment feature (see Fig. 3), and wherein movement between the first adjustment feature and the second adjustment feature while the first adjustment feature and the second adjustment feature are engaged with each other changes a size of the receiving chamber (Col. 3, Lines 6-9) and a collet (26, Fig. 2) disposed within the receiving chamber (see Fig. 1-3), wherein the collet comprises a collet body (see Fig. 1) and a collet bore (extending left to right in Fig. 1) that traverses through the collet body along its length (see Fig. 2, where 49 passes through 26), wherein the collet body is radially compressible along its length (see Fig. 1-3; Col. 3, Lines 9-11), wherein the collet body has a compressed state (see Fig. 3, and Col. 3, Lines 9-11) and a default state (see Fig. 2), wherein the collet bore has a reduced diameter when the collet body is in the compressed state (Col. 3, Lines 9-15), wherein the collet bore has a default collet diameter that is configured to receive the segment of the cable when the collet body is in the default state (see Fig. 2), wherein the collet body transitions from the default state to the compressed state when the size of the receiving chamber is reduced such that the first body and the second body of the enclosure apply a compressive force to the collet body, and wherein the collet body, when in the compressed state, is configured to prevent movement of the segment of the cable relative to the collet body (Col. 3, Lines 6-15).
Re. Cl. 24, Burr discloses: the first adjustment feature and the second adjustment feature comprise complementary mating threads (see Fig. 1-3, 22 and 35).
Re. Cl. 25, Burr discloses: the first enclosure portion and the second enclosure portion are configured to be rotatably coupled to each other using the complementary mating threads without use of a tool (see Fig. 1-3, the device is configured to be threaded together using hands for instance).
Re. Cl. 27, Burr discloses: the first body of the first enclosure portion and the second body of the second enclosure portion are configured to be exposed to elements within a wellbore in a subterranean formation as the cable moves within the wellbore (see Fig. 1-2, the body portions are configured to be exposed to elements within the intended use scenario by exposing the device to such elements).
Re. Cl. 29, Burr discloses: the collet further comprises a collet channel (see 30, Fig. 1) that traverses a thickness of the collet body along its length between the collet bore and an outer perimeter of the collet body (see Fig. 1), wherein the cable has a diameter within a range of diameters that is less than a width of the collet channel when the collet is in the default state (see Fig. 1-3, the device is capable of being used in the claimed intended use by having a cable less than a width of 30), and wherein the width of the collet channel is less than the diameter of the cable when the collet is in the compressed state (Col. 3, Lines 6-15, by compressing onto the cable).
Re. Cl. 30, Burr discloses: the width of the collet channel, after the collet is no longer maintained in the compressed state by the enclosure, returns to being greater than the range of diameters (see Fig. 1-3, in the default state shown in Fig. 2, the collet is capable of being used with a cable that is less than the collet channel).
Re. Cl. 31, Burr discloses: the enclosure stops maintaining the collet in the compressed state when the first adjustment feature of the first enclosure portion and the second adjustment feature of the second enclosure portion disengage from each other (see Fig. 2).
Re. Cl. 32, Burr discloses: the collet comprises a first collet piece and a second collet piece (see Fig. 1, pieces of 26 on opposite sides of 30) that are configured to abut against each other to form the collet bore (see Fig. 1, when compressed, the sides opposite of 30 are configured to abut each other and form the bore where the cable fits).
Re. Cl. 35, Burr discloses: the first adjustment feature and the second adjustment feature, once engaged with each other and reducing the size of the receiving chamber to maintain the collet in the compressed state (see Fig. 3 and Col. 3, Lines 6-15), are configured to remain engaged with each other until the first adjustment feature and the second adjustment feature are purposely acted upon by a user to disengage with respect to each other (see Fig. 1-3, the threads are configured to remain engaged with one another unless a user unthreads them).
Re. Cl. 36, Burr discloses: A cable protection apparatus assembly (Fig. 1-3) comprising: a cable having a cable thickness (see 45 and 49, Fig. 2); and a cable protection apparatus (see Fig. 1) encasing a segment of the cable (see Fig. 1-3), the cable protection apparatus comprising: a first enclosure portion (14, Fig. 1) of an enclosure (14, 34, Fig. 1-2), wherein the first enclosure portion comprises a first body (see 14, Fig. 1), a first bore (see Fig. 1-2, bore through 14, where 45 passes), a first channel (18, Fig. 1), and a first adjustment feature (22, Fig. 1), wherein the first bore traverses through the first body along its length (see Fig. 1-2), wherein the first channel traverses a thickness of the first body along its length between the first bore and an outer perimeter of the first body (see Fig. 1-2), wherein the first bore traverses a first receiving chamber portion disposed within the first body (see Fig. 1-2), and wherein the first bore is configured to receive the segment of the cable after the segment of the cable traverses the first channel from the outer perimeter of the first body to the first bore (see Fig. 1-2); a second enclosure portion of the enclosure (34, Fig. 1-2), wherein the second enclosure portion is detachably coupled to the first enclosure portion (see Fig. 1-3, via 22 and 35), wherein the second enclosure portion comprises a second body (see 34, Fig. 1), a second bore (38, Fig. 1), and a second adjustment feature (35, Fig. 1), wherein the second bore traverses through the second body along its length (see Fig. 1-3), wherein the second bore traverses a second receiving chamber portion disposed within the second body (see Fig. 1-3), wherein the first receiving chamber portion and the second receiving chamber portion form a receiving chamber when the second adjustment feature is engaged with the first adjustment feature (see Fig. 2-3), and wherein movement between the first adjustment feature and the second adjustment feature while the first adjustment feature and the second adjustment feature are engaged with each other changes a size of the receiving chamber (Col. 3, Lines 6-9); and a collet (26, Fig. 1) disposed within the receiving chamber (see Fig. 1-3), wherein the collet comprises a collet body (see 26, Fig. 1) and a collet bore (see Fig. 2-3, where 45/49 passes through) that traverses through the collet body along its length (see Fig. 1-3), wherein the collet body is radially compressible along its length (Col. 3, Lines 9-15), wherein the collet body has a compressed state (see Fig. 3 and Col. 3, Lines 9-15) and a default state (see Fig. 2), wherein the collet bore has a reduced diameter when the collet body is in the compressed state (Col. 3, Lines 9-15), wherein the collet bore has a default collet diameter that is configured to receive the segment of the cable when the collet body is in the default state (see Fig. 2), wherein the collet body transitions from the default state to the compressed state when the size of the receiving chamber is reduced such that the first body and the second body of the enclosure apply a compressive force to the collet body (Col. 3, Lines 9-15), and wherein the collet body, when in the compressed state, is configured to prevent movement of the segment of the cable relative to the collet body (Col. 3, Lines 9-15).
Re. Cl. 37, Burr discloses: the cable comprises a wireline (see 45, Fig. 3) used in a subterranean wellbore (see Fig. 1-3, the cable 45 and protector 10 is capable of being used in the claimed intended use environment).
Re. Cl. 38, Burr discloses: the cable comprises an electrical cable (see 45, Fig. 3) being pulled through a structure. (see Fig. 1-3, the cable 45 and protector 10 is capable of being used in the claimed intended use environment).
Re. Cls. 21, 26, 28, and 36, Burr does not disclose the second enclosure portion including a second channel; wherein the second channel traverses a thickness of the second body along its length between the second bore and an outer perimeter of the second body, wherein the second bore is configured to receive the segment of the cable after the segment of the cable traverses the second channel from the outer perimeter of the second body to the second bore (Cls. 21, 36), each of the first body of the first enclosure portion and the second body of the second enclosure portion is conically shaped at an end opposite the complementary mating threads (Cl. 26) or the first body of the first enclosure portion further comprises a tightening feature disposed on its outer surface, and wherein the tightening feature is configured to maintain continued engagement between the first adjustment feature and the second adjustment feature to keep the collet in the compressed state (Cl. 28). Robbins discloses a cable protection apparatus (Fig. 4) which includes a first enclosure (1, Fig. 4) adjustably connected to a second enclosure portion (2, Fig. 4), wherein the second enclosure portion including a second channel (216, Fig. 6); wherein the second channel traverses a thickness of the second body along its length between the second bore (220, Fig. 6) and an outer perimeter of the second body (see Fig. 6), wherein the second bore is configured to receive the segment of the cable after the segment of the cable traverses the second channel from the outer perimeter of the second body to the second bore (see Fig. 9); each of the first body of the first enclosure and the second body of the second enclosure portion is conically shaped at an end opposite the complimentary mating threads (see Fig. 5-6, the terminal ends of 1 and 2, opposite 124, 126 and 6, 10); the first body of the first enclosure portion comprises a tightening feature (fins 24, Fig. 5) disposed on its outer surface (see Fig. 5 and 7), and wherein the tightening feature is configured to be maintain continued engagement between the first adjustment feature and the second adjustment feature to keep the collet in the compressed state (see Fig. 5 and 7, the fins project outward and are therefore configured to be grasped or engaged by a tool (i.e. pliers) to secure the first portion to the second portion if so desired by a user).
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 Burr device to include the second channel as disclosed by Robbins with reasonable expectation of success since Robbins states that such a modification would enable the user to introduce the cord into the device using the channel (Col. 7, Lines 29-34). Further, 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 Burr device to include the conical end surface as disclosed by Ross with reasonable expectation of success since Ross states that such a modification allows the device to ride generally unimpeded over the edges of furniture or other such obstructions while pulling the device around the workplace (Col. 9, Lines 53-58).
Claims 22-23 are rejected under 35 U.S.C. 103 as being unpatentable over Burr in view of Robbins as applied above, and in further view of Ross US 3464893 (hereinafter Ross).
Re. Cls. 22-23, the combination discussed above does not disclose a sleeve disposed over a portion of the enclosure after the first adjustment feature and the second adjustment feature are engaged with each other (Cl. 22), the sleeve has an outer surface that is configured to be exposed to elements within a wellbore in a subterranean formation (Cl. 23). Ross discloses a cable protection apparatus (Fig. 1) which includes an enclosure (10, Fig. 2) which encompasses a collet (15, Fig. 2) and supports a cable therein (see d, Fig. 3). Re. Cls. 22-23, Ross discloses a sleeve disposed (20, Fig. 1) over a portion of the enclosure (see 10, Fig. 1) after the first adjustment feature and the second adjustment feature are engaged with each other (see Fig. 3, after f is threaded onto S), the sleeve has an outer surface that is configured to be exposed to elements within a wellbore in a subterranean formation (see Fig. 1-3, 20 has an outer surface which is configured to be exposed to elements within a wellbore as claimed in the intended use limitation by merely putting the sleeve in a wellbore).
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 Burr device to have the sleeve as disclosed by Ross with reasonable expectation of success since Ross states that such a modification tightens about the housing (enclosure) drawing the parts inwardly and thereby effective retaining the abutment blocks (collet) from any releasing movement (Col. 3, Lines 59-66). Such a modification would prevent the collet (26) in Burr from sliding within the housing and potentially loosening on the cable as a result.
Claims 33-34 is rejected under 35 U.S.C. 103 as being unpatentable over Burr in view of Robertson US 3980325 (hereinafter Robertson).
Re. Cl. 33-34, Burr discloses that the collet (compressible plug 26) may be made from various material that will compress under sufficient pressure (Col. 3, Lines 17-20) but does not the collet further comprises a plurality of slots, wherein each slot of the plurality of slots traverses a thickness of the collet body and has length that is less than the length of the collet body (Cl. 33) or the plurality of slots alternate between starting at a proximal end of the collet body and starting at a distal end of the collect body (Cl. 34). Robertson discloses a fitting for a pipe (Fig. 1) which includes a compressible collet (12, Fig. 3) that is compressed by tightening of two parts of an enclosure (see 22 and 14, Fig. 1). Robertson employs the collet with a plurality of slots (36, 38 Fig. 3, 4 and 6), wherein each slot of the plurality of slots traverses a thickness of the collet body and has length that is less than the collet length of the collet (see Fig. 6), wherein the slots alternate between starting at a proximal and distal end of the body (see Fig. 6).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Burr to have the slots as disclosed by Robertson with reasonable expectation of success since Robertson states that such a modification ensures that radial compression occurs over the entire axial length which provides firm engagement of the collet to improve the sealing action (Col. 3, Lines 50-57).
Response to Arguments
Applicant’s arguments with respect to claim(s) 21-38 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. Jackson US 2020/0018429, Oswald US 6478601, McMills US 5415065, Blaetz US 5299951, Starkey US 5137288, Ryan US 4784612, and Trager US 3281755 disclose other known cable supports 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..
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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.
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/CHRISTOPHER GARFT/Primary Examiner, Art Unit 3632
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