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 Objections
Claims 1, 2, 6, 8, 18-20 and 31 are objected to because of the following informalities:
In claim 2, line 1, “the retention portion” should be changed to –the retaining portion—
In claim 4, line 1, , “the retention portion” should be changed to –the retaining portion—
In claims 6, 18 and 31, “silicon” should be changed to –silicone--.
.Appropriate correction is required.
Claim Rejections - 35 USC § 112
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 8-31 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.
In claim 8, line 17, the term, “the second portion” lacks antecedent basis because the claim recites: “a first portion of the engagement portion….” and later refers to “the first portion and the second portion…” without clearly introducing a second portion before that reference.
In claim 19, line 11, the term, “the second portion” lacks antecedent basis because the claim recites: “a first portion of the engagement portion is structurally configured to sealingly engage..….” and later refers to “the first portion and the second portion are structurally configured to sealingly engage……” without clearly introducing a second portion prior to the reference.
Claims 9-18 and 20-31 are rejected due to their dependencies.
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.
Claim(s) 8, 4-16, 19, 20, 25 and 27-31 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated SCHURMANS, et al., WO 2022/153127 A1 (hereinafter D1; cited in the IDS).
As to claim 8, D1 discloses a cable holder (Figs. 3, 3A) configured to sealingly hold different sized cables (“cable sealing unit 40”/ “outer shell 42” with elastomeric material including annular sealing ribs of different diameters, expressly allowing different cable diameters; abstract; p. 4-5, 7-9; claims 1, 2, 14), comprising a body portion (42a, 42b); a cable receiving portion structurally configured to extend through the body portion along a longitudinal axis of the body portion (Figs. 3, 3A; hollow portion along axis 15 to receive the cable 12); a sealing portion (Fig. 8) structurally configured to be coupled with the body portion ( Figs. 3, 3A; elastomeric sealant material 50 molded within the outer shell; sealant portions 50a, 50b carried by the shell pieces. See p. 5-6); wherein the body portion includes a first body portion (42a) hingedly coupled with a second body portion (42b) (Figs. 3, 3A; outer shell 42 includes first and second shell pieces 42a, 42b, with unitary hinge 74. See p. 6); wherein the sealing portion includes an engagement portion structurally configured to extend radially inward from the body portion into the cable receiving portion so as to narrow a cross-sectional passage through the cable receiving portion (Figs. 3A, 8; annular sealing ribs 54a, 54b, 54c extend inward and define cable sealing locations with different inner diameters. See p. 6-9); wherein a first portion (54c) of the engagement portion extends further into the cable receiving portion than a second portion (54a) of the engagement portion such that the first portion defines a first opening through the cable receiving portion that is smaller than a second opening defined by the second portion (Fig. 8 and p. 7, lines 12-25); and wherein the first portion is structurally configured to sealingly engage a cable having a first outside diameter that is greater than or equal to a diameter of the first opening and less than a diameter of the second opening (Fig. 3A and 8; p. 7, lines 12-25), and the first portion and the second portion are structurally configured to sealingly engage a cable having a second outside diameter that is greater than or equal to the diameter of the second opening such that the cable holder is structurally configured to sealingly hold cables having different sized diameters (expressly teaches cable diameter range accommodation via different inner diameters of annular sealing ribs, including 3–5 mm and broader ranges. See p. 7-9; Claims 2, 14; Figs. 3A and 8).
Accordingly, claim 8 is anticipated.
As to claim 19, D1 discloses a cable holder(Figs. 3, 3A) configured to sealingly hold different sized cables (“cable sealing unit 40”/ “outer shell 42” with elastomeric material including annular sealing ribs of different diameters, expressly allowing different cable diameters; abstract; p. 4-5, 7-9; claims 1, 2, 14), comprising a body portion (42a, 42b); a cable receiving portion structurally configured to extend through the body portion along a longitudinal axis of the body portion (Figs. 3, 3A; hollow portion along axis 15 to receive the cable 12); a sealing portion structurally configured to be coupled with the body portion
( Figs. 3, 3A; elastomeric sealant material 50 molded within the outer shell; sealant portions 50a, 50b carried by the shell pieces. See p. 5-6); wherein the sealing portion includes an engagement portion structurally configured to extend radially inward from the body portion into the cable receiving portion so as to narrow a cross-sectional passage through the cable receiving portion (Figs. 3A, 8; annular sealing ribs 54a, 54b, 54c extend inward and define cable sealing locations with different inner diameters. See p. 6-9); and wherein a first portion of the engagement portion is structurally configured to sealingly engage a cable having a first outside diameter that is greater than or equal to a first diameter and less than a second diameter (Figs. 3A and 8; p. 7, lines 12-25),, and the first portion and the second portion are structurally configured to sealingly engage a cable having a second outside diameter that is greater than or equal to the second diameter such that the cable holder is structurally configured to sealingly hold cables having different sized diameters (expressly teaches cable diameter range accommodation via different inner diameters of annular sealing ribs, including 3–5 mm and broader ranges. See p. 7-9; Claims 2, 14; Figs. 3A and 8).
Accordingly, claim 19 is anticipated.
As to claim 20, D1 discloses The cable holder of claim 19, wherein the first
portion of the engagement portion extends further into the cable receiving portion than a second portion of the engagement portion such that the first portion defines a first opening through the cable receiving portion having the first diameter that is smaller than a second opening defined by the second portion having the second diameter (.Abstract; pages 4–9; Figures 3, 3A, 8, and 9; claims 1–3, 14, and 15)
As to claim 25, D1 discloses the cable holder of claim 19, wherein the body portion includes a first body portion (42a) hingedly coupled with a second body portion (42b) (Figs. 3, 3A; outer shell 42 includes first and second shell pieces 42a, 42b, with unitary hinge 74. See p. 6)
As to claims 14 and 27, D1 discloses the cable holder of claim 25, wherein the sealing portion includes a first sealing portion (50a) configured to be received by the first body portion (42a) and a second sealing portion(50b) configured to be received by the second body portion (42b) (Fig. 3A; (sealant material includes first sealant portion 50a carried with first shell piece 42a and second sealant portion 50b carried with second shell piece 42b. See p. 5-6);
As to claims 15 and 28, D1 discloses the cable holder of claim 19, wherein the first portion and the second portion of the engagement portion are configured to be biased radially outward toward the body portion (elastomeric sealant is softer than shell and is molded to seal around different cable diameters; the ribs are resilient/deformable and press against the cable. See p. 5-9; the sealing ribs 54a and 54c as shown in Fig. 8 of D1 have the exact same arrangement as the engagement portions 370 of the application best shown in Fig. 4B and are thus also biased radially outward toward the body portion);
As to claims 16 and 29, D1 discloses the cable holder of claim 19, wherein the first portion (54c) of the engagement portion and a second portion (54a) of the engagement portion are spaced apart from one another along the longitudinal axis (Figs. 3A, 8; first, second, and third annular sealing ribs are axially spaced along the axis. See p. 4-6, 8-9);
As to claims 30 and 31, D1 teaches the cable holder of claim 19, wherein the sealing portion comprises a flexible sealing portion i.e., silicone or thermoplastic elastomer. (elastomeric sealing material; pages 5–9).
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.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
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.
Claim(s) 1-7, 9-13, 17, 18, 21-24 and 26 are rejected under 35 U.S.C. 103 as being unpatentable over D1 in view of Robertson et al., US 5,561,269 (hereinafter D2; cited in the IDS) and Fitzgerald, US 5,844,171 (hereinafter D3; cited in the IDS).
As to claims 1, 13, 21 and 26, D1 discloses a cable holder (Figs. 3, 3A) configured to sealingly hold different sized cables (“cable sealing unit 40”/ “outer shell 42” with elastomeric material including annular sealing ribs of different diameters, expressly allowing different cable diameters; abstract; p. 4-5, 7-9; claims 1, 2, 14), comprising a body portion (42a, 42b); a cable receiving portion structurally configured to extend through the body portion along a longitudinal axis of the body portion (Figs. 3, 3A; hollow portion along axis 15 to receive the cable 12); a sealing portion (Figs. 3, 3A; hollow portion along axis 15 to receive the cable 12) structurally configured to be coupled with the body portion (Figs. 3, 3A; elastomeric sealant material 50 molded within the outer shell; sealant portions 50a, 50b carried by the shell pieces. See p. 5-6); wherein the body portion includes a first body portion (42a) hingedly coupled with a second body portion (42b) (Figs. 3, 3A; outer shell 42 includes first and second shell pieces 42a, 42b, with unitary hinge 74. See p. 6); wherein the body portion comprises a single piece of unitary construction such that the first body portion and the second body portion are hingedly coupled via a living hinge (unitary hinge 74 between shell pieces. See p. 6); wherein the sealing portion includes a first sealing portion (50a) configured to be received by the first body portion (42a) and a second sealing portion(50b) configured to be received by the second body portion (42b) (Fig. 3A; (sealant material includes first sealant portion 50a carried with first shell piece 42a and second sealant portion 50b carried with second shell piece 42b. See p. 5-6); wherein the sealing portion includes an engagement portion structurally configured to extend radially inward from the body portion into the cable receiving portion so as to narrow a cross-sectional passage through the cable receiving portion (Figs. 3A and 8; annular sealing ribs 54a, 54b, 54c extend inward and define cable sealing locations with different inner diameters. See p. 6-9); wherein the engagement portion includes a first engagement portion (54c) and a second engagement portion (54a) spaced apart from one another along the longitudinal axis (Figs. 3A, 8; first, second, and third annular sealing ribs are axially spaced along the axis. See p. 4-6, 8-9); wherein the first engagement portion extends further into the cable receiving portion than the second engagement portion such that the first engagement portion defines a first opening through the cable receiving portion that is smaller than a second opening defined by the second engagement portion (first annular sealing rib 54a defines a first inner diameter larger than second inner diameter of 54b, and second larger than third; this inherently creates progressively smaller openings. See Abstract; p. 5-9; Claims 1-3; Fig. 8); wherein the first engagement portion and the second engagement portion are configured to be biased radially outward toward the body portion (elastomeric sealant is softer than shell and is molded to seal around different cable diameters; the ribs are resilient/deformable and press against the cable. See p. 5-9; the sealing ribs 54a and 54c as shown in Fig. 8 of D1 have the exact same arrangement as the engagement portions 370 of the application best shown in Fig. 4B and are thus also biased radially outward toward the body portion); and wherein the first engagement portion is structurally configured to sealingly engage a cable having a first outside diameter that is greater than or equal to a diameter of the first opening and less than a diameter of the second opening, and the first engagement portion and the second engagement portion are structurally configured to sealingly engage a cable having a second outside diameter that is greater than or equal to the diameter of the second opening such that the cable holder is structurally configured to sealingly hold cables having different sized diameters (expressly teaches cable diameter range accommodation via different inner diameters of annular sealing ribs, including 3–5 mm and broader ranges. See p. 7-9; Claims 2, 14; Figs. 3A and 8).
D1 doesn’t explicitly disclose a retaining portion structurally configured to be coupled with the body portion; wherein the retaining portion is structurally configured to engage a cable that extends through the cable receiving portion so as to prevent relative movement between the cable and the body portion along the longitudinal axis; and the claimed body portion as a single-piece unitary construction with first and second body portions hingedly coupled via a living hinge in the same manner as recited.
D2 from the same field of endeavor teaches the missing retaining feature by disclosing embossments and flange portions proximate the cable exits that engage the cable insulation and provide strain relief (See, column 5, line 50 through column 6, line 20; column 6, lines 20–55; column 6, lines 55–67 through column 7, lines 1–20). D2 specifically explains that the flange portions bite into the cable insulation and resist movement of the cable toward the cable exit, thereby preventing relative longitudinal movement.
D3 similarly from the same field of endeavor teaches a hinged cable enclosure with cable ports, cable-receiving channels, and cable-exit structures that cooperate with mastic and retention features at the jacket interface (See, column 5, line 50 through column 8, line 65; Figures 1–7).
The combination merely unites known elements according to their established functions to yield predictable results.
Therefore, it would have been obvious to modify the cable sealing unit of D1 to include the retaining portion of D2, as reinforced by D3, because cable retention and strain relief at the cable exit is a known design objective in the cable enclosure art. The modification would have predictably improved resistance to axial movement of the cable relative to the holder while preserving the environmental sealing function taught by D1.
As to claims 2, 10 and 22, D1 discloses the cable holder of claim 1, but does not explicitly disclose wherein the retention portion includes a gripping portion configured to grip a cable passing there through.
D2 expressly discloses flange portions that grip the cable insulation and provide strain relief. See column 6 through column 7.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate such a gripping structure into the sealing unit of D1 to improve retention of the cable and resist axial movement.
As to claims 3, 12 and 24, D1 discloses the cable holder of claim 2, but does not explicitly disclose wherein the gripping portion is structurally configured to grip an annular groove in a jacket of a cable passing there through.
D2 teaches the closest corresponding cable-retention structure, including embossments and flange portions at the cable exits. (See col. 5, line 50 through col. 6, line 20). D2 further explains that the flange portions are deflected by the cable jacket and “partially bite into the insulative cable jacket,” and that cable movement toward the exit tends to rotate the flange portions more tightly against the cable insulation, thereby resisting movement of the cable relatively toward its corresponding cable exit and defining strain relief. See col. 6, lines 20–55 and col. 6, lines 55–67 through col. 7, lines 1–20).
D3 similarly teaches a cable enclosure having cable-receiving channels and cable-exit structures with embossments and flange portions that cooperate with the cable region and mastic to provide sealing and retention at the cable jacket interface. (See col. 5, line 50 through col. 6, line 65; col. 6, line 65 through col. 7, line 65).
Therefore, it would have been obvious to one of ordinary skill in the art at the before the effective filing date of the claimed invention to modify the cable sealing unit of D1 to include a gripping portion configured to grip an annular groove in a cable jacket, as taught and suggested by D2 and D3, because such a groove-engaging retention feature would have been a predictable variation of the known cable-gripping flange structures used in cable enclosures to prevent axial movement of the cable and improve strain relief while maintaining environmental sealing. The modification would merely apply a known retention principle to the cable sealing unit of D1 to achieve the expected result of improved cable retention.
As to claims 4, 11 and 23, D1 discloses the cable holder of claim 2, but does not explicitly discloses wherein the retention portion comprises a washer, and the gripping portion comprises radially inward directed teeth.
D2. teaches cable-retention and strain-relief structures positioned proximate the cable exits, including embossments and flange portions that engage the cable jacket and resist longitudinal movement of the cable ( See col. 5, line 50 through col. 6, line 20; col. 6, lines 20–55; col. 6, lines 55–67 through col. 7, lines 1–20).
D3 similarly teaches cable-exit structures with cable-receiving channels, cable ports, and protrusions/flange portions that cooperate with the cable region and sealant material at the jacket interface ( See, col. 5, line 50 through col. 6, line 65; col. 6, line 65 through col. 7, line 65).
Therefore, 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 cable-retention structures of D2 and D3 in the cable sealing unit of D1 to include a washer-like retention member having radially inward directed teeth, because such a structure would be a predictable mechanical variation of the known cable-gripping and strain-relief features used in the art to improve cable retention and resist axial pullout while preserving environmental sealing. The modification would have yielded the expected result of enhanced retention of the cable relative to the holder.
As to claims 5 , 6, 17 and 18, D1 teaches the cable holder of claim 1, wherein the sealing portion comprises a flexible sealing portion i.e., silicone or thermoplastic elastomer. (elastomeric sealing material; pages 5–9).
As to claim 7, D1 discloses the cable holder of claim 1, but does not explicitly disclose a separate push-fit cartridge configured to receive the cable holder in a push-fit relationship.
D2 teaches a one-piece enclosure having a living hinge and an enclosure structure that receives and retains cable sealing components and cable segments within the body of the enclosure (See, Abstract; col. 5, line 50 through col. 7, line 20; col. 9, line 8 through col. 12, line 20).
D3 similarly teaches a hinged clam-type enclosure with cable-receiving channels, cable ports, and environmental sealing material disposed within the housing (See,, Abstract; col. 5, line 50 through col. 8, line 65; Figures 1–7).
Therefore, it would have been obvious to one of ordinary skill in the art to provide the cable holder of D1 in a receiving cartridge or housing as taught by D2 and D3, because such a receiving structure would have been a routine and predictable packaging and installation variant in the cable enclosure art, facilitating assembly and environmental sealing while maintaining the known cable-sealing and cable-retention functions of the referenced structures. The claimed push-fit relationship would merely represent an obvious manner of inserting and retaining the cable holder within a known enclosure body.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TARIFUR RASHID CHOWDHURY whose telephone number is (571)272-2287. The examiner can normally be reached M-F: 8 am-5 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Allana L. Bidder can be reached at (571)272-5560. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/TARIFUR R CHOWDHURY/Supervisory Patent Examiner, Art Unit 2877
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