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 1/2/2026 has been entered. Claims 1-20 remain pending in the present application.
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 1-2 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Monden US 2021/0231251 (hereinafter Monden).
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Re. Cl. 1, Monden discloses: A tube retainer (Fig. 1) for securing a plurality of tubes (see Fig. 1, via 10a, and 10b) relative to a component (see Fig. 1, via attaching 10 to a component via 116a), the tube retainer comprising: a carrier portion (10 Fig. 1-2) configured to secure the plurality of tubes via a corresponding plurality of tube pockets pocket (see Fig. 1-2, within 132s in 10a and corresponding structure in 10b), wherein the carrier portion comprises a carrier body (13 in 10a and corresponding structure in 10b, Fig. 1-2) and a plurality of lids lid (12 in 10a and corresponding structure in 10b, Fig. 1-2) coupled to the carrier body via a corresponding plurality of hinges (see 113 in 10a and corresponding structure in 10b, Fig. 1-2), and wherein a first one of the tube pockets (within 10a, Fig. 2) comprises a first set of flexible arms (132s, Fig. 1-3) positioned on the carrier body and a second set of flexible arms positioned on a first one of the lids (122s, Fig. 1-3); and a fastener portion (116a, Fig. 2) defining a central longitudinal axis (see Fig. 2, extending vertically downward from 116 through 116a), wherein the fastener portion is configured to engage the component via an opening (Paragraph 0028, Lines 1-3).
Re. Cl. 2, Monden discloses: the first one of the lids comprises a snap (114, Fig. 2) configured to engage a corresponding feature formed in or on the carrier body (115, Fig. 2), and wherein the snap comprises a button configured to disengage the snap from the corresponding feature (see annotated figure 2).
Claim 3 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by Hang US 5568906 (hereinafter Hahn).
Re. Cl. 3, Hahn discloses: A tube retainer (Fig. 1a) for securing a tube relative to a component (see 4, Fig. 1b and attached to a component 17 via the structures as discussed in Col. 5, Lines 10-12 and Col. 6, Lines 25-30), the tube retainer comprising: a carrier portion (2, Fig. 1a-2a) configured to secure the tube via a tube pocket (see Fig. 2a-b, where 4 is located) , wherein the tube pocket comprises a first set of flexible arms (15 on 5, Fig. 2a) and a second set of flexible arms (15s on 1, Fig. 2a), wherein the second set of flexible arms is wider than the first set of flexible arms (see Fig. 2a-b, the lower set of 15s is wider than the upper set) when the first set of flexible arms is not flexed outwardly (see Fig. 2a); and a fastener portion (stud, Col. 5, Lines 10-12 and Col. 6, Lines 25-30) defining a central longitudinal axis (a stud, screw or rivet inserted into a hole in a structure as discussed in Col. 6, Lines 25-30 has a central longitudinal axis), wherein the fastener portion is configured to engage the component via an opening (Col. 6, Lines 25-30).
Claims 7-15, 17 and 19-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Pearson US 2014/0374544 (hereinafter Pearson).
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Re. Cl. 7, Pearson discloses: A tube retainer (Fig. 1) for securing a plurality of tubes relative to a component (see Fig. 1, via 29, 30, 26 or 28 Fig. 1), the tube retainer comprising: a carrier portion (14, 16 Fig. 1) configured to secure the tubes tube via a corresponding plurality of tube pockets (29, 30, 26, 28 Fig. 1), wherein a first one of the tube pockets (26, Fig. 1) comprises a first set of flexible arms (42s, Fig. 2) that comprises two inward-curving arms (see 42s, Fig. 2), and wherein a second one of the tube pockets (29, Fig. 2) does not comprise a set of flexible arms (see Fig. 2); and a fastener portion (18, Fig. 2) defining a central longitudinal axis (see Fig. 2, central axis through 18), wherein the fastener portion is configured to engage the component via an opening (see Fig. 1-3, there is an opening through 18 where a stud projecting from a component is configured to enter).
Re. Cl. 8, Pearson discloses: the two inward-curving arms are configured to flex towards and away from one another (Paragraph 0029, Lines 1-3).
Re. Cl. 9, Pearson discloses: the two inward-curving arms define a C-shaped cross-section (see 42, Fig. 2).
Re. Cl. 10, Pearson discloses: the first one of the tube pockets comprises a second set of flexible arms (paragraph 0030, Lines 26-29; in the same manner as 42a,b as discussed).
Re. Cl. 11, Pearson discloses: the second set of flexible arms comprises to inward curving arms (Paragraph 0030, Lines 26-29, as discussed in the same manner as 42a,b).
Re. Cl. 12, Pearson discloses: the carrier portion comprises a carrier body (20, Fig. 2) and a lid (22, Fig. 2) coupled to the carrier body via a hinge (24, Fig. 2).
Re. Cl. 13, Pearson discloses: the first set of flexible arms is positioned on the carrier body (see Fig. 2) and a second set of flexible arms (52, 54, Fig. 2) is positioned on the lid (see Fig. 2).
Re. Cl. 14, Pearson discloses: the carrier portion comprises a second set of flexible arms opposite the first set of flexible arms (see 42s in 28, Fig. 2).
Re. Cl. 15, Pearson discloses: the carrier portion and the fastener portion are fabricated as a unitary structure (see Fig. 2, 14, 16 and 18 are unitary).
Re. Cl. 17, Pearson discloses: the lid comprises a snap (60, Fig. 4) configured to engage a corresponding feature formed in or on the carrier body (see Fig. 1, slot or opening as discussed in Paragraph 0031).
Re. Cl. 19, Pearson discloses: the carrier portion includes a carrier body that defines one or more windows (see annotated figure 3).
Re. Cl. 20, Pearson discloses: the fastener portion comprises a plurality of fins distributed along the central longitudinal axis to define a fin tier (see annotated figure 3).
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 4-6 are rejected under 35 U.S.C. 103 as being unpatentable over Hahn in view of Daesang KR 101972261 (hereinafter Daesang).
Re. Cls. 4-5, Hahn does not disclose each of the first set of flexible arms and the second set of flexible arms comprises two inward-curving arms (Cl. 4), each of the first set of flexible arms and the second set of flexible arms defines a C-shaped cross-section (Cl. 5). Daesang discloses an alternate tube retainer (130, Fig. 5a) which includes flexible arm sets (131b, 132b) located on a carrier body (see 132b’s located on 132) and lid (see 131b’s located on 131, Fig. 5a), the carrier and lid are coupled together via a hinge (134). Re. Cls. 4-5, Daesang discloses each of the first set of flexible arms and the second set of flexible arms comprises two inward-curving arms (see Fig. 5a, 131b’s and 132b’s, forming inward curved arms); each of the first set of flexible arms and the second set of flexible arms defines a C-shaped cross-section (see Fig. 5a), the second set of flexible arms comprises two inward-curving arms (see Fig. 5a).
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 shape of the Hahn arms to be shaped as disclosed by Daesang with reasonable expectation of success since Daesang states that such a modification enables the arms to play a role in absorbing external impacts on the pipe (Paragraph 0052, Lines 8-9 of the attached Machine translation), thus adding an additional advantageous feature to the device.
Re. Cl. 6, Hahn in view of Daesang discloses the carrier portion comprises a carrier body (see 1, Fig. 1a) and a lid (5, Fig. 1a) coupled to the carrier body via a hinge (10a, 10b, Fig. 1a-2b) and discloses the wider second set of flexible arms is coupled to the carrier body (see Fig. 2a) and the narrower first set of flexible arms is coupled to the lid (see Fig. 2a). In other words, Hahn discloses the opposite configuration to what is currently claimed. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to reverse the positioning of the arms (15) in Hahn, since it has been held that a mere reversal of the essential working parts of a device involves only routine skill in the art. In re Einstein, 8 USPQ 167. Please note that in the instant application, Applicant has not disclosed any criticality for the claimed limitations.
Claims 16 and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Pearson in view of Shibuya US 2004/0159454 (hereinafter Shibuya).
Re. Cls. 16 and 18, Pearson does not disclose the carrier body, the lid and the hinge are fabricated as a unitary structure (Cl. 16) or the snap comprises a button configured to disengage the snap from the corresponding feature (Cl. 18). Shibuya discloses a tube retainer (Fig. 1) which includes a carrier body (10, Fig. 2), a lid (13, Fig. 2) and hinge (17, Fig. 2) are fabricated as a unitary structure (see Fig. 2) and a snap (18, 21, Fig. 2) comprising a button (22, Fig. 2) configured to disengage the snap from the corresponding feature (Paragraph 0017, Lines 20-24).
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 Pearson device to have its carrier body, lid and hinge fabricated as a unitary structure as disclosed by Shibuya with reasonable expectation of success (i.e. use the thin hinge of Shibuya) since such a modification would prevent the lid and carrier body from being separated from one another and possibly misplaced when not in use. 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 Pearson device to have the snap comprise a button as disclosed by Shibuya since Shibuya states that such a modification enables release of the snap by a finger, screwdriver or the like (Paragraph 0017, Lines 20-24).
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. Denner US 2016/0003377, Duffy US 5535969, Hahn US 5568906, and Monden US 2021/0231251 disclose other known tube retainers 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..
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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