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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 4/27/2026 has been entered.
Claim Rejections - 35 USC § 102
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 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); wherein the first set of flexible arms has a cross section that is generally C- shaped (see Fig. 1-3, the flexible arms 132s have a C-shaped cross section between 132c and 132d, and collectively 132c’s and 132d’s form a C-shape as shown in Fig. 3 so that they engage the exterior of the cable as represented by the line circle C1); 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 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 3-6 are rejected under 35 U.S.C. 103 as being unpatentable over Pearson US 2014/0374544 (hereinafter Pearson) in view of Hahn US 5568906 (hereinafter Hahn).
Re. Cl. 3, Pearson discloses: A tube retainer (10, Fig. 1) for securing a plurality of tubes (via 29, 30, 26, 28 Fig. 1) relative to a component (see Fig. 1, attached to a component via 18), the tube retainer comprising: a carrier portion (14, 16, Fig. 1) configured to secure the plurality of tubes via a corresponding plurality of tube pockets (29, 30, 26, 28, Fig. 1), wherein a first one of the tube pocket comprises a first set of flexible arms (52, Paragraph 0030, Lines 26-29, with having 52s formed in the same manner as 42a, b as discussed) and a second set of flexible arms (42s, Fig. 2), and a fastener portion (18, Fig. 1) defining a central longitudinal axis (4, vertical axis extending through 18), wherein the fastener portion is configured to engage the component via an opening (see Fig. 4, configured to engage a component or mounting surface having a stud pass through an opening and into 18).
Re. Cl. 4, Pearson discloses: each of the first set of flexible arms and the second set of flexible arms comprises two inward-curving arms (see Fig. 2, and Paragraph 0030 Lines 26-29, by having 42a,b and 52 structured in the same manner would include two inward curving arms)
Re. Cl. 5, Pearson discloses: each of the first set of flexible arms and the second set of flexible arms defines a C-shaped cross-section (see Fig. 2 and Paragraph 0030, lines 26-29).
Re. Cl. 6, Pearson discloses: the carrier portion comprises a carrier body (see Fig. 3, 14), and a lid (22, Fig. 3) coupled to the carrier body via a hinge (see 24, Fig. 3)
Re. Cl. 3, Pearson does not disclose wherein the second set of flexible arms is wider than the first set of flexible arms when the first set of flexible arms is not flexed outwardly. Hahn discloses a tube retainer (Fig. 1a),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).
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 first set of flexible arms wider than the second set of flexible arms as disclosed by Hahn with reasonable expectation of success since Hahn states that such a modification can have a centering affect on the on the rod shaped article/tube (Col. 4, Lines 40-44).
Re. Cl. 6, as discussed above, the combination of Pearson in view of Hahn disclose that the wider first set of flexible arms is positioned on the carrier body and the narrower second set of flexible arms is positioned on the lid (see Fig. 1a-2b). In other words, Hahn discloses the opposite configuration from what is claimed. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to employ the wider set of flexible arms on the lid rather than the carrier body, 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 7-15, 17, and 19-20 are rejected under 35 U.S.C. 103 as being unpatentable over Pearson in view of Desai US 7887012 (hereinafter Desai).
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. Cls. 7 and 20, Pearson does not disclose that the fastener portion protrudes from the carrier portion (Cl. 7) or the fastener portion comprises a plurality of fins distributed along the central longitudinal axis to define a fin tier (Cl. 20). Desai discloses a tube retainer (Fig. 1) which includes a fastener portion (23, 21, Fig. 1) defining a central longitudinal axis (see Fig. 2, vertically through 21), wherein the fastener portion protrudes from the carrier portion (see Fig. 2, protrudes downward from carrier portion which receives the tubes within 18, 20) and is configured to engage the component via an opening in the component (Col. 4, Lines 5-12); the fastener portion comprises a plurality of fins distributed along the central longitudinal axis to define a fin tier (see Fig. 1-2, created by 23).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to replace the fastener portion of Pearson with the fastener portion of Desai since Desai states that such a modification may be mounted to a component such as a vehicle frame or vehicle body using a hole (Col. 4, Lines 5-12). Furthermore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to replace the fastener portion of Pearson with the fastener portion of Desai since it has been held obvious to replace one known means with another to achieve a predictable result. KSR Int’l Co. V. Teleflex Inc. 550 U.S. ___, 82 USPQ 2d 1385 (Supreme Court 2007) (KSR)
Claims 16 and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Pearson in view of Desai as applied above, and in further 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 filed 4/27/2026 in regards to claim 1 have been fully considered but they are not persuasive.
Re. Applicant’s argument that Monden does not disclose the limitations as amended into claim 1, the Examiner disagrees. As discussed above, it is the Examiner’s position that the set of flexible arms (132) has a C-shaped cross section between parts 132c and 132d. Furthermore, the arms (132) collectively form a C-shaped cross section by having 132c’s and 132d’s arranged as shown in Fig. 3. Particularly, these portions (132c and 132d) form a C-shaped cross section so that they engage the exterior of the cable as represented by the line circle C1. Therefore, Applicant’s argument has been considered but is not persuasive.
Applicant’s arguments with respect to claim(s) 3-20 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 and Duffy US 5535969 disclose other known tube retainers 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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