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 .
Information Disclosure Statement
The information disclosure statement filed on October 22, 2024 has been considered by the Examiner.
Claim Rejections - 35 USC § 103
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 13-16 are rejected under 35 U.S.C. 103 as being unpatentable over Martin (US 8,418,410) in view of Fox (US 7,250,574).
Regarding claim 13, Martin discloses an electrical gutter (10) comprising: a first side (24) configured as a back side, the first side (24) comprising one or more anchor openings (see figure 1) each configured for an anchor (16) to connect the first side (24) to a mounting surface (18); a second side (26) coupled to the first side (24) at a first corner (see figure 1), the second side (26) configured as a bottom side (see figure 1); a third side (52) coupled to the first side (24) at a second corner (see figure 1); a fourth side (22) couplable to the second side (26) and the third side (52) at an edge of the second side (26) and of the third side (52) opposite the first corner and the second corner (see figure 1); but Martin lacks a liquid channeling system configured to channel liquid away from the one or more anchor openings. Fox teaches an electrical cable trough (10) comprising a liquid channel system (15) configured to channel liquid away (see figure 1). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to make Martin’s electrical gutter with a liquid channel system configured to channel liquid away from the one or more anchor openings as taught by Fox to provide means for unwanted water to exit the electrical gutter.
Regarding claim 14, the modified Martin discloses the claimed invention except for the liquid channeling system comprising a one or more sealants on an exterior surface of the first side positioned to contact the mounting surface with the anchors securing the first side to the mounting surface, the one or more sealants positioned to direct liquid between the first side and the mounting surface away from the one or more anchor openings. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to add to Martin’s electrical gutter a liquid channel system having one or more sealants on an exterior surface of the first side positioned to contact the mounting surface with the anchors to provide means for protection against environmental hazards. Furthermore, a sealant applied at any opening or surface to provide protection against the elements is well known in the art.
Regarding claim 15, the modified Martin discloses the electrical gutter (see figure 1), wherein the mounting surface (18) is vertical (see figure 1), the third side (52) is a top side (see figure 1), and the one or more anchor openings (see figure 1) comprise a plurality of anchor openings (see figure 1), wherein at least two of the plurality of anchor openings are spaced horizontally along the first side (24), and wherein the one or more sealants (well known in the art) comprise: a sealant comprising a first portion spanning horizontally above the plurality of anchor openings (see figure 1) and second and third portions extending downward at ends of the first portion (see figure 1); and/or a sealant above one or more anchor openings of the plurality of anchor openings oriented vertically, the sealant extending downward on either side of the one or more anchor openings oriented vertically (well known in the art).
Regarding claim 16, the modified Martin discloses the electrical gutter (see figure 1), wherein: the one or more anchor openings (see figure 1) comprise an opening standoff extending away from an exterior side of the first side (see figure 1 ); and/or the first side comprises one or more independent standoffs extending away from the exterior side of the first side, wherein the opening standoffs and the independent standoffs extend away from the first side an amount less than or equal to an amount the one or more sealants extend from the first side (see figure 1).
Allowable Subject Matter
Claims 1-12 and 20 are allowed.
Claims 17-19 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.
The following is an examiner's statement of reasons for allowance: The primary reasons for the indication of the allowability of claims 1-12 and 17-20 are
Regarding claims 1-12, the prior art does not teach or fairly suggest in combination with the other claimed limitations an electrical gutter comprising: an end piece coupled to each of two ends of the sides, each of the two end pieces comprising one of an endcap and a joint section, the joint section configured to connect to an additional electrical gutter; two or more weep holes; and a liquid channeling system configured to channel liquid to the two or more weep holes, the channeling system comprising one or more channels along joints between the sides and the end pieces.
Regarding claims 17-19, the prior art does not teach or fairly suggest in combination with the other claimed limitations an electrical gutter further comprising: an end piece coupled to each of two ends of the sides, each of the two end pieces comprising one of an endcap and a joint section, the joint section configured to connect to an additional electrical gutter; and two or more weep holes located in the second side, fourth side, and/or the end pieces, wherein the liquid channeling system comprises one or more channels along joints between the sides and the end pieces configured to channel liquid to the two or more weep holes.
Regarding claim 20, the prior art does not teach or fairly suggest in combination with the other claimed limitations an electrical gutter comprising: an end piece coupled to each of two ends of the sides, each of the two end pieces comprising one of an endcap and a joint section, the joint section configured to connect to an additional electrical gutter; two or more weep holes; and a liquid channeling system configured to channel liquid away from the one or more anchor openings and to the two or more weep holes, the channeling system comprising: one or more channels along joints between the sides and the end pieces; and one or more sealants on an exterior surface of the first side positioned to contact the mounting surface with the anchors securing the first side to the mounting surface, the one or more sealants positioned to direct liquid between the first side and the mounting surface away from the one or more anchor openings.
These limitation is found in claims 1-12 and 17-20, and are neither disclosed nor taught by the prior art of record, alone or in combination.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Meckstroth (US 5,459,965), Allen (US 4,407,097), Faith (US 10,790,650), Martin (US 9,771,720), Beck et al (US 8,776,444), Snell (US 8,578,658), Ealer Sr (US 8,402,697), Packard III (US 7,762,042), Howell et al (US 7,525,044), Thompson (US 7,344,163) and Brochu (US 6,786,008) disclose a gutter assembly.
6. Any inquiry concerning this communication should be directed to Angel R. Estrada at telephone number (571) 272-1973. The Examiner can normally be reached on Monday-Friday (8:30am -5:00pm).
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Imani N. Hayman can be reached on (571) 270-5528. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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January 29, 2026
/ANGEL R ESTRADA/Primary Examiner, Art Unit 2841