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 .
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.
Claims 1 and 3 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Graef et al. (9006589).
Graef et al. (Figs 6-9) discloses a cable seal comprising: a base (36b); and an elastic material (36a/36c) having a generally arched shape when the elastic material is not in a compressed configuration, and including a plurality of bores (38) extending from a first side of the cable seal to a second side of the cable seal and a plurality of passages (39) extending from the first side of the cable seal to the second side of the cable seal, the passages respectively corresponding to the bores such that for each bore a cable or plug may be inserted into the bore via the corresponding passage (col. 8 lines 25-28), wherein the base is configured to accommodate the elastic material, and wherein the elastic material is configured to be compressed against the base such that when each of the bores contains a cable or plug and the elastic material is compressed a watertight seal is formed between the elastic material and the base, a watertight seal is formed between the elastic material and each cable and/or plug, a watertight seal is formed between the elastic material and an enclosure in which the cable seal is positioned, and the passages are closed watertight, wherein when the elastic material is compressed, the elastic material has a generally linear shape (Figs 6-7); and the passages are moved closer to one another. Specifically, Graef et al. (col. 8 lines 12-16) discloses that the two clamps (34) are arranged around the sealing element (the elastic material ). Accordingly, when compressed, the passages are moved closer to one another (re-claim 1). Graef et al. also discloses the base includes one or more grooves (38) for accommodating respective main cables (re-claim 3).
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.
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.
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.
Claims 4-7 are rejected under 35 U.S.C. 103 as being unpatentable over Kato et al. (7344408) in view of Hedstrom (7446267).
Re-claims 4 and 6, Kato et al. discloses a cable seal comprising: a base (lower 4) having a plurality of base grooves (8) extending from a first side of the cable seal to a second side of the cable seal, each base groove being shaped to accommodate a cable or plug; and a cover (upper 4) configured to mate with the base such that, when each base groove is accommodating a cable or plug and the cover is mated with the base a watertight seal is formed between the base and the cover, a watertight seal is formed between the base and each cable and/or plug, and a watertight seal is formed between the cover and each cable and/or plug (re-claim 4). Kato et al. also disclose the base having a first hardness, the cover having a second hardness, and the first hardness being equal to the second hardness (same material) (re-claim 6). Kato et al. does not disclose the base comprising a plurality of removable sections, the removable sections being elastically collapsible and respectively corresponding to ones of the base grooves, and wherein for each of the ones of the base grooves the removable section may be removed to increase a cross-sectional area of the base groove (re-claim 4). Hedstrom discloses a cable seal comprising a base (1) which is comprised of a removable section (2) which respectively corresponds to the base groove, wherein the removable section may be removed to increase the cross-sectional area of the base groove. It would have been obvious to one skilled in the art to include the removable section (2,) taught by Hedstrom, in each base groove (8), on top of layer 5, of Kato et al. to accommodate different cable sizes. It is noted that since the removable sections (of Hedstrom) in the modified seal of Kato et al. comprises material as disclosed by the applicant, elastomeric material; the removable sections will be elastically collapsible and respectively corresponding to ones of the base grooves.
Re-claims 4 and 7, Kato et al. discloses a cable seal comprising: a base (core member 4) having a plurality of base grooves (8) extending from a first side of the cable seal to a second side of the cable seal, each base groove being shaped to accommodate a cable or plug; and a cover (5) configured to mate with the base such that, when each base groove is accommodating a cable or plug and the cover is mated with the base a watertight seal is formed between the base and the cover, a watertight seal is formed between the base and each cable and/or plug, and a watertight seal is formed between the cover and each cable and/or plug (re-claim 4). Kato et al. also disclose the base (core 4, hard material, col. 7 line 50) having a first hardness, the cover (5, col. 7, lines 51-53) having a second hardness, and the first hardness being greater than the second hardness (re-claim 7). Kato et al. does not disclose the base comprising a plurality of removable sections, the removable sections being elastically collapsible and respectively corresponding to ones of the base grooves, and wherein for each of the ones of the base grooves the removable section may be removed to increase a cross-sectional area of the base groove (re-claim 4). Hedstrom discloses a cable seal comprising a base (1) which is comprised of a removable section (2) which respectively corresponds to the base groove, wherein the removable section may be removed to increase the cross-sectional area of the base groove. It would have been obvious to one skilled in the art to include the removable section (2), taught by Hedstrom, in each base groove (8), on top of layer 5, of Kato et al. to accommodate different cable sizes. It is noted that since the removable sections (of Hedstrom) in the modified seal of Kato et al. comprises material as disclosed by the applicant, elastomeric material; the removable sections will be elastically collapsible and respectively corresponding to ones of the base grooves.
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Kato et al. in view of Hedstrom as applied to claim 4 above, and further in view of Elkins (3683314).
Kato et al., as modified, discloses the invention substantially as claimed including the base having a base width dimension extending from the first side of the cable seal to the second side of the cable seal, the cover having a cover width dimension extending from the first side of the cable seal to the second side of the cable seal. Kato et al. does not disclose the base width dimension being smaller than the cover width dimension.
Elkins discloses a cable seal comprising a base (10) and a cover (12), the base having a base width dimension extending from a first side of the cable seal to a second side of the cable seal, the cover having a cover width dimension extending from the first side of the cable seal to the second side of the cable seal, wherein the base width dimension is smaller than the cover width dimension (Figs 2 and 4).
It would have been obvious to one skilled in the art to modify the cable seal of Kato et al. such that the base width dimension is smaller than the cover width dimension as taught by Elkins such the base can be placed within the cover to further seal the base from the environment.
Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over Kato et al. in view of Hedstrom as applied to claim 4 above, and further in view of Sunaga et al. (8946556).
Claim 10 additionally recites for each base groove removal of the removable section resulting in the base groove having an oval shaped cross-section. Sunaga et al. discloses a cable seal comprising a base groove having an oval shaped cross-section (Figs 2-3). It would have been obvious to one skilled in the art to modify the base groove as well as the removable section in the modified seal of Kato et al. (and Hedstrom) to have an oval shaped cross-section as taught by Sunaga et al. to meet the specific use of the resulting cable, such as accommodating a twin axial cable.
Allowable Subject Matter
Claims 11-13 and 15 are allowed.
Response to Arguments
Applicant’s arguments with respect to claims 1 and 4 have been considered but are moot are in view of new ground of rejection.
Conclusion
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.
Contact Information
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHAU N NGUYEN whose telephone number is (571)272-1980. The examiner can normally be reached M-Th, 7am to 5:30pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Imani N Hayman can be reached at 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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/CHAU N NGUYEN/Primary Examiner, Art Unit 2841
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