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 .
Amendment filed 12/24/2025 has been entered. Claims 1-20 remain pending in the present application.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1-20 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention. The specific limitations of “wherein the enclosure channel and the collet channel are misaligned with each other to secure the cable within the collet bore and the enclosure bore when the enclosure body is in the engaged position” in claims 1 and 18 constitute new matter in the Examiner’s position. Applicant’s specification do not make specific mentioning of such a configuration and the figures do not explicitly show such a configuration. Applicant’s specification in Paragraph 128 mentions that the channel 1432 and the channel 1532 will be misaligned except for a small range (e.g. within 20, within 30) for every rotation but this is not referring to the same thing as the claims. Based on what was originally included in Applicant’s disclosure, the enclosure channel and collet channel can be partial aligned with one another in the engaged position or aligned with one another but the collet channel could be compressed and closed, fully or partially, to achieve a configuration where the wire is secured within the structure. Since Applicant’s originally filed disclosure does not specifically support the claim limitation cited above, it is the Examiner’s position that the limitation constitutes new matter.
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 13-14 and 18-20 are 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. 13, the limitation “the collet further comprises a first piece and a second piece that are configured to abut against each other to form the collet bore” renders the claim indefinite since it appears that Applicant has amended claim 1 to refer to a specific embodiment of the collet and claims 13-14 refer to an entirely different embodiment. Applicant has amended claim 1 to recite “a collet comprising…a collet channel” which is understood to refer to the embodiment shown in Figs. 23a-d which illustrates a collet channel at 2352. Claims 13-14 appear to refer to the embodiment of the collet shown in Fig.16a-d which appears to not have a collet channel since it is comprised of two separate halves. Further, in Paragraph 0107, Applicant explicitly refers to there being no channel in this embodiment. Therefore, it is unclear how the collet with the channel can be comprised of two pieces abutted against each other since Applicant’s specification defines them as separate embodiments. It is suggested that the Applicant cancel claims 13-14 to overcome this rejection.
Claim 18 recites the limitation "the collet channel" in Line 7. There is insufficient antecedent basis for this limitation in the claim.
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, 5, 11-15 and 17-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Burr US 7690940 (hereinafter Burr).
Re. Cl. 1, Burr discloses: A cable protection apparatus (Fig. 1) comprising: a collet (26, Fig. 1) comprising a collet body (see 26, Fig. 1), a collet channel (30, Fig. 1), and a collet bore (see Fig. 1, bore extending from left and right end of 26 where the cord 45 resides), wherein the collet body has a collet length (see Fig. 1), wherein the collet bore traverses through the collet body along the collect length (see Fig. 1-2), wherein the collet channel traverses through the collet body along the collet length and extends from the collet bore to an outer perimeter of the collet body (see Fig. 1), wherein the collet body is radially compressible along the collet length (Col. 2, Lines 33-35), wherein the collet body has a compressed state (Col. 3, Lines 10-12) and a default state (see Fig. 1), wherein the collet bore has a reduced collet diameter when the collet body is in the compressed state (Col. 3, Lines 10-12), wherein the collet channel has a default collet channel width that is sufficient to receive a cable therethrough to the collet bore when the collet body is in the default state (see Fig. 1-2), and wherein the collet bore has a default collet diameter that is configured to receive the cable when the collet body is in the default state (see Fig. 1-2); and an enclosure (14, 34 Fig. 1) comprising an enclosure body (see 14, 34, Fig. 1-2), an enclosure bore (where cord 45 resides within 14 and 34 and passes through, Fig. 1-2), an enclosure channel (18, Fig. 1), and an adjustment feature (22 and 35, Fig. 1), wherein the enclosure bore traverses through the enclosure body along an enclosure length (see Fig. 1-2), wherein the enclosure channel traverses a thickness of the enclosure body to the enclosure bore along the enclosure length and extends from the enclosure bore to an outer perimeter of the enclosure body (see Fig. 1), wherein the enclosure bore traverses a receiving chamber disposed within the enclosure body (see Fig. 1-2, interior of 14 and 34 where 26 fits), wherein the receiving chamber is configured to receive the collet (see Fig. 3), wherein the adjustment feature manipulates the enclosure body between an engaged position and a disengaged position (see progression from Fig. 1 to Fig. 3), wherein the enclosure body applies a compressive force via the receiving chamber sufficient to put the collet body in the compressed state when the adjustment feature is in the engaged position (Col. 3, Lines 10-12), wherein the enclosure channel has an enclosure channel width that is sufficient to receive the cable therethrough to the enclosure bore and the receiving chamber when the adjustment feature is in the disengaged position (see Fig. 1), wherein the enclosure body fails to apply the compressive force via the receiving chamber to the collet body when the adjustment feature is in the disengaged position to allow the collet body to be in the default state (see Fig. 1), wherein the enclosure channel and the collet channel are substantially aligned with each other and are configured to allow the cable to pass therethrough when the enclosure body is in the disengaged position (see Fig. 1), and wherein the enclosure channel and the collet channel are misaligned with each other to secure the cable within the collet bore and the enclosure bore when the enclosure body is in the engaged position (see Fig. 3, the device is capable of being used as claimed by having 26 turned within 14 so that 30 is not fully aligned with 20) .
Re. Cl. 5, Burr discloses: the enclosure comprises a first portion (14, Fig. 1) movably coupled to a second portion (34, Fig. 1; they are movably connected via threads 22 and 35).
Re. Cl. 6, Burr discloses: the first portion comprises a first distal end (see left end of 14, Fig. 1) and a first collar (see tubular portion of 14, Fig. 1)), wherein the second portion comprises a second distal end (see right end of 34, Fig. 1) and a second collar (see Fig. 1, tubular portion of 34), wherein the adjustment feature comprises complimentary mating threads disposed on the first collar and the second collar (see 22 and 35, Fig. 1), and wherein the enclosure channel lacks continuity between the first portion and the second portion when the enclosure is in the engaged position using the complementary mating threads (see Fig. 1-3, when 34 is tightened onto 14, the channel 18 lacks continuity from its left end to the right end since portion 34 would cover the right part of it)
Re. Cl. 11, Burr discloses: the receiving chamber feature of the enclosure body has a shape and a size that are configured to complement the collet body (see Fig. 3, as having 26 within 14,34).
Re. Cl. 12, Burr discloses: the cable has a diameter within a range of diameters that is less than the default collet channel width (see Fig. 1-2, as fitting within 20).
Re. Cl. 13, Burr discloses: the collet further comprises a first piece and a second piece that are configured to abut against each other to form the collet bore (see Fig. 1, splitting 26 in half bisecting the slot 18, the collet would be comprised of a first and second piece).
Re. Cl. 14, Burr discloses: the first piece and the second piece are configured identically to each other (see Fig. 1, by splitting 26 in half through the slot, the collet would be comprised of identical first and second halves).
Re. Cl. 15, Burr discloses: the default collet diameter of the collet bore is configured to receive the cable having a diameter within a range of diameters when the collet body is in the default state (see Fig. 1-2), and wherein the reduced collet diameter of the collet bore is configured to apply an additional compressive force, derived from the compressive force applied by the enclosure to the collet, against the cable when the collet body is in the compressed state (see Fig. 3, Col. Lines 10-12).
Re. Cl. 17, Burr discloses: the adjustment feature is configured to keep the enclosure body in an engaged position until the adjustment feature is purposely acted upon (see Fig. 3, the threads are configured to keep stationary relative to one another unless twisted by the user).
Re. Cl. 18, Burr discloses: A cable protection apparatus assembly (Fig. 1-3) comprising: a cable (45, Fig. 2-3) having a cable thickness (see Fig. 2-3); and a cable protection apparatus (Fig. 1) encasing a portion of the cable (see Fig. 2-3), the cable protection apparatus comprising: a collet (26, Fig. 2) comprising a collet body (see 26, Fig. 1-2) and a collet bore (see Fig. 2, where 45 resides), wherein the collet body has a collet length (see Fig. 1-2), wherein the collet bore traverses through the collet body along the collect length, wherein the collet channel (18, Fig. 1) traverses through the collet body along the collet length and extends from the collet bore to an outer perimeter of the collet body (see Fig. 1-2), wherein the collet body is radially compressible along the collet length (see Fig. 1-3; Col. 3, Lines 10-12), wherein the collet body has a compressed state (Fig. 3 and Col. 3, Lines 10-12) and a default state (see Fig. 1-2), wherein the collet bore has a reduced collet diameter that is no greater than the cable thickness when the collet body is in the compressed state (see Fig. 3 and Col. 3, Lines 10-12), wherein the collet channel has a collet channel width that is sufficient to receive a cable therethrough to the collet bore when the collet body is in the default state (see Fig. 1-2), and wherein the collet bore is configured to receive the cable and has a default collet diameter that is no less than the cable thickness when the collet body is in the default state (see Fig. 1-2); and an enclosure (14, 34, Fig. 1) comprising an enclosure body (see 14, 34, Fig. 1), an enclosure bore (see Fig. 1-2, where 45 resides within 14 and 34), an enclosure channel (18, Fig. 1), and an adjustment feature (22, 35 Fig. 1-2), wherein the enclosure bore traverses through the enclosure body along an enclosure length and extends from the enclosure bore to an outer perimeter of the enclosure body (see Fig. 1), wherein the enclosure channel traverses a thickness of the enclosure body to the enclosure bore along the enclosure length (see Fig. 1), wherein the enclosure bore traverses a receiving chamber disposed within the enclosure body (see Fig. 1-3, interior of 14, 34 where 26 fits in), wherein the receiving chamber is configured to receive the collet (see Fig. 3), wherein the adjustment feature manipulates the enclosure body between an engaged position and a disengaged position (see Fig. 1-3, by tightening and loosening the threaded connection), wherein the enclosure body applies a compressive force via the receiving chamber sufficient to put the collet body in the compressed state when the adjustment feature is in the engaged position (see Fig. 3 and Col. 3, Lines 10-12), wherein the enclosure channel has an enclosure channel width that is sufficient to receive the cable therethrough to the enclosure bore and the receiving chamber when the adjustment feature is in the disengaged position (see Fig. 1-2), wherein the enclosure body fails to apply the compressive force via the receiving chamber to the collet body when the adjustment feature is in the disengaged position to allow the collet body to be in the default state (see Fig. 1-2), wherein the enclosure channel and the collet channel are substantially aligned with each other and are configured to allow the cable to pass therethrough when the enclosure body is in the disengaged position (see Fig. 1-2), and wherein the enclosure channel and the collet channel are misaligned with each other to secure the cable within the collet bore and the enclosure bore when the enclosure body is in the engaged position (see Fig. 3, the device is capable of being used as claimed by having 26 turned within 14 so that 30 is not fully aligned with 20).
Re. Cl. 19, 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. 20, 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).
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 2-4 are rejected under 35 U.S.C. 103 as being unpatentable over Burr in view of Ross US 3464893 (hereinafter Ross).
Re. Cls. 2-4, Burr does not disclose a sleeve disposed over a portion of the enclosure (Cl. 2), the sleeve has an outer surface that is configured to be exposed to elements within a wellbore in a subterranean formation (Cl. 3) or the sleeve is movable relative to the enclosure when the sleeve is disposed over the portion of the enclosure (Cl. 4). 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. 2-4, Ross discloses a sleeve disposed over a portion of the enclosure (see 20, Fig. 1), 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); the sleeve is movable relative to the enclosure when the sleeve is disposed over the portion of the enclosure (see Fig. 1; Col. 3, Lines 59-64).
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 7-10 are rejected under 35 U.S.C. 103 as being unpatentable over Burr in view of Robbins US 7001202 (hereinafter Robbins).
Re. Cl. 8-9, Burr discloses the first portion and the second portion are configured to be rotatably coupled to each other using the complementary mating threads without use of a tool (see Fig. 1-3, by simply using a person’s hands to thread 34 onto 14); the first distal end of the first portion and the second distal end of the second portion have outer surfaces that are configured to be exposed to elements within a wellbore in a subterranean formation (see Fig. 1-3; 14 and 34 are configured to be used in the claimed intended use by simply putting it within a wellbore). Re. Cls. 7 and 10, Burr does not the first distal end and the second distal end are conically shaped (Cl. 7) or the first distal end of the first portion further comprises a tightening feature disposed on its outer surface, and wherein the tightening feature is configured to be engaged by a tool to secure the enclosure in the engaged position (Cl. 10). Robbins discloses a cable protection apparatus (Fig. 4) which includes a first portion (1, Fig. 4) adjustably connected to a second portion (2, Fig. 4), wherein the first portion comprises a first distal end (112, Fig. 5) and a first collar (110, Fig. 5), wherein the second portion comprises a second distal end (23, Fig. 6) and a second collar (210, Fig. 7); the first distal end and the second distal end are conically shaped (see Fig. 5-7); the first distal end of the first portion further 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 engaged by a tool to secure the enclosure in the engaged position (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 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).
Claim 16 is rejected under 35 U.S.C. 103 as being unpatentable over Burr in view of Robertson US 3980325 (hereinafter Robertson).
Re. Cl. 16, 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 collet length of the collet. 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).
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) 1-20 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.
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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.
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/CHRISTOPHER GARFT/Primary Examiner, Art Unit 3632