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 .
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 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.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 03/30/2026 is being considered by the examiner.
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.
Claim(s) 1-6, 8-11 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Ozguler (WO2019009834A2, hereinafter referred to as “Ozguler”).
Regarding claim 1, Ozguler discloses a tube retainer for retaining tubes (Fig 1) of various diameters (specification, page 8, lines 21, page 7, lines 9-10, page 2, lines 6-12: “The flaps (3) enable the fixation of installations of smaller diameter”), the tube retainer (Fig 1, connection retaining apparatus 1) comprising: a body (Fig 1, retainer 2) configured to receive a tube (installation cables) via a tube pocket (Fig 1, clearance 24); a lid (Fig 1, upper body 22) coupled to the body (Fig 1, retainer 2 or lower body 21) via a hinge (Fig 1, connector 25); and a plurality of flexible fingers (Fig 1, elastic flaps 3) extending into the tube pocket (24) and configured to flex to accommodate a diameter of the tube (specification in page 7, lines 9-16), wherein the plurality of flexible fingers (3) comprises a first pair of matching flexible fingers resiliently coupled to the lid (Fig 1, for each groove 23 and clearance 24, a pair of matching flaps 3 are flexibly coupled to upper body 22) and a second pair of matching flexible fingers resiliently coupled to the body (Fig 1, for each groove 23 and clearance 24, a pair of matching flaps 3 are flexibly coupled to lower body 21).
Regarding claim 2, Ozguler discloses wherein the first pair of flexible fingers is arranged symmetrically about a first plane (Fig 1, a vertical plane formed, see annotated figure A below), the second pair of flexible fingers is arranged symmetrically about a second plane (see annotated figure A below, note: second plane is a plane perpendicular to surface of page), and the first plane and the second plane are oriented orthogonally to one another (at 90 degrees, perpendicular between first and second planes), and wherein each of the plurality of flexible fingers extends inward toward a central longitudinal axis of the tube pocket (Fig 1, fingers (3) extend toward a perpendicular axis in extending direction of clearance 24).
Annotated Figure A taken from Ozguler
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Regarding claim 3, Ozguler discloses wherein the first pair of flexible fingers extends from the lid toward the base and the second pair of flexible fingers extends from the base toward the lid (Fig 1, pair of flaps 3 of upper body 22 towards lower body 21, while pair of flaps 3 extend from lower body 21 towards upper body 22).
Regarding claim 4, Ozguler discloses wherein the first pair of flexible fingers are arranged to form an angle relative to one another that is between 70 and 110 degrees (Fig 1, angle between pair of flaps 3 appear to about 110 degrees, and being flexible can easily adjust to 110 to accommodate larger tube) and the second pair of flexible fingers are arranged to form an angle relative to one another that is between 70 and 110 degrees (Fig 1, angle between pair of flaps 3 appear to about 110 degrees, and being flexible can easily adjust to 110 to accommodate larger tube).
Regarding claim 5, Ozguler discloses wherein each of the plurality of flexible fingers (3) comprises a first engagement feature (see annotated figure B below) and a second engagement feature (see annotated figure B below) spaced apart from the first engagement feature (see annotated figure B below) the first engagement feature configured to contact a tube with a first diameter (see annotated figure B below) and the second engagement feature configured to contact a tube with a second larger diameter (see annotated figure B below).
Annotated Figure B taken from Ozguler
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Regarding claim 6, Ozguler discloses further comprises a snap (Fig 1, tab 41) at an end of the lid (22) opposite the hinge (25) that is configured to engage a corresponding feature (Fig 1, end 51) formed in or on the body (2, 5).
Regarding claim 8, Ozguler discloses wherein the lid (22) comprises a snap (41) configured to engage a corresponding feature (51) formed in or on the body (2 or 5), and wherein the snap (41) comprises a button configured to disengage the snap from the corresponding feature (Fig 1, bottom part of snap 41 together with triangular recess of 51 serve as a button, when pushed by finger of a person).
Regarding claim 9, Ozguler discloses wherein the body (2), the lid (22), and the hinge (25) are fabricated as a unitary structure (Fig 1, formed in one piece).
Regarding claim 10, Ozguler discloses wherein the body (2), the lid (22), the hinge (25), and the plurality of flexible fingers (3) are fabricated as a unitary structure.
Regarding claim 11, Ozguler discloses wherein each of the first and second engagement features (see annotated figure B above) are configured to accommodate the tube in the center of the tube pocket (Fig 1).
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 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.
Claim(s) 7 and 12-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ozguler (WO2019009834A2, hereinafter referred to as “Ozguler”) in view of Duffey (US 5535969A, hereinafter referred to as “Duffy”).
Regarding claim 7, Ozguler fails to sufficiently disclose wherein the tube retainer is configured to secure the tube relative to a component via a fastener defining a central longitudinal axis, wherein the fastener is configured to engage the component via an opening.
However, Duffy and Ozguler combined teach wherein the tube retainer is configured to secure the tube relative to a component via a fastener defining a central longitudinal axis, wherein the fastener is configured to engage the component via an opening (Duffy: Fig 3, fastener 18, col 2, lines 42-46: clip 10 is secured to a support member (not illustrated), the base 12 preferably includes a fastener member 18 for insertion within an aperture (opening) of the support member (component); Ozguler: specification, page 1, lines 15-24, page 9, lines 4-12).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify Ozguler by Duffy based on rationales as follow: referring to Fig 1 and specification, page 1, lines 15-24, page 9, lines 4-12 of Ozguler, the installation cables and the connection retaining apparatuses are said to be performed fixation and mounting to vehicle cab, from front of the vehicle to chassis, but no features are discussed by Ozguler to explain such mounting details for the connection retaining apparatuses. On the other hand, Duffy offer simple solution to achieve of securing the clip 10 to a support member, where the base 12 preferably includes a fastener member 18 for insertion within an aperture (opening) of the support member (component). As a result, a person of ordinary skill in the art would be motivated to adopt the fastener 18 of Duffy to modify Ozguler, and there would have been reasonable expectation of success because both prior art of Duffy and Ozguler belong to analogous art in the field of tube routing clip for holding multiple tubes of different diameters.
Regarding claim 12, Ozguler discloses a tube retainer for securing tubes of various diameters relative to a component (Fig 1, specification, page 8, lines 21, page 7, lines 9-10, page 2, lines 6-12), the tube retainer (Fig 1, connection retaining apparatus 1) comprising: a body (Fig 1, retainer 2) configured to receive a tube (page 7, line 3, installation cable) via a tube pocket (Fig 1, clearance 24); a lid (Fig 1, upper body 22) coupled to the body (Fig 1, lower body 21) via a hinge (Fig 1, connector 25); a plurality of flexible fingers (Fig 1, flaps 3) extending into the tube pocket (Fig 1, groove 23 or clearance 24) and configured to flex to accommodate a diameter of the tube (specification in page 7, lines 9-16), wherein the plurality of flexible fingers (3) comprises a first set of flexible fingers resiliently coupled to the lid and a second set of flexible fingers resiliently coupled to the body (Fig 1, for each groove 23 and clearance 24, a pair of matching flaps 3 are flexibly coupled to upper body 22, for each groove 23 and clearance 24, a pair of matching flaps 3 are flexibly coupled to lower body 21), each flexible finger comprising a first engagement feature configured to contact a tube with a first diameter and spaced apart from a second engagement feature configured to contact a tube with a second larger diameter (see annotated figure B above).
However, Ozguler fails to sufficiently disclose the following: and a fastener coupled to the body and defining a central longitudinal axis, wherein the tube retainer is configured to secure the tube relative to a component via the fastener and an opening formed in the component.
However, Duffy and Ozguler combined teach the following: and a fastener coupled to the body and defining a central longitudinal axis, wherein the tube retainer is configured to secure the tube relative to a component via the fastener and an opening formed in the component (Duffy: Fig 3, fastener 18 has a central axis vertically, col 2, lines 42-46: clip 10 is secured to a support member (not illustrated), the base 12 preferably includes a fastener member 18 for insertion within an aperture (opening) of the support member (component); Ozguler: specification, page 1, lines 15-24, page 9, lines 4-12).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify Ozguler by Duffy based on rationales as follow: referring to Fig 1 of Ozguler, and specification, page 1, lines 15-24, page 9, lines 4-12 of Ozguler, the installation cables and the connection retaining apparatuses are said to be performed fixation and mounted to vehicle cab, and from front of the vehicle to chassis, but no features are discussed by Ozguler to explain such mounting details for the connection retaining apparatuses. On the other hand, Duffy offer simple solution to achieve of securing the clip 10 to a support member, where the base 12 preferably includes a fastener member 18 for insertion within an aperture (opening) of the support member (component). As a result, a person of ordinary skill in the art would be motivated to adopt the fastener 18 of Duffy to modify Ozguler, and there would have been reasonable expectation of success because both prior art of Duffy and Ozguler belong to analogous art in the field of tube routing clip for holding multiple tubes of different diameters.
Regarding claim 13, Ozguler discloses wherein the plurality of flexible fingers (3) is mirrored across both horizontal and vertical planes and each of the plurality of flexible fingers extends inward toward a central longitudinal axis (Fig 1).
Regarding claim 14, Ozguler discloses wherein each of the first set of flexible fingers extends from the lid toward the base and each of the second set of flexible fingers extends from the base toward the lid (Fig 1, pair of flaps 3 of upper body 22 towards lower body 21, while pair of flaps 3 extend from lower body 21 towards upper body 22).
Regarding claim 15, Ozguler discloses wherein the first set of flexible fingers are arranged to form an angle relative to one another that is between 70 and 110 degrees and the second set of flexible fingers are arranged to form an angle relative to one another that is between 70 and 110 degrees (Fig 1, angle between pair of flaps 3 appear to about 110 degrees for the upper body 22, and being flexible can easily adjust to 110 to accommodate larger tube, and angle between pair of flaps 3 appear to about 110 degrees for the lower body 21, and being flexible can easily adjust to 110 to accommodate larger tube).
Regarding claim 16, Ozguler discloses wherein each of the plurality of flexible fingers (3) comprises a valley between the first engagement feature and the second engagement feature (see annotated figure C below, since “valley” does not any structural limitation defining thereof, thus is interpreted as a V-shaped recess portion).
Annotated Figure C taken from Ozguler
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Regarding claim 17, Ozguler discloses further comprises a snap (Fig 1, tab 41) at an end of the lid (22) opposite the hinge (25) that is configured to engage a corresponding feature (Fig 1, end 51) formed in or on the body (2, 5).
Regarding claim 18, Ozguler discloses wherein the lid (22) comprises a snap (41) configured to engage a corresponding feature (51) formed in or on the body (2), and wherein the snap (41) comprises a button configured to disengage the snap from the corresponding feature (Fig 1, bottom part of 41 together with triangular recess of 51 serve as button, when pushed by finger of a person).
Regarding claim 19, Ozguler discloses wherein the body (21), the lid (22), the hinge (25), and the plurality of flexible fingers (3) are fabricated as a unitary structure (Fig 1).
Regarding claim 20, Ozguler discloses wherein each of the first set of flexible fingers and the second set of flexible fingers are configured to flex towards and away from one another to accommodate the tube (specification, page 8, lines 21, page 7, lines 9-10, page 2, lines 6-12).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Schaty (US 5271587) discloses a clip for cables. Ohnuki (US 6371419B1) disclose a rod holder. Maruyama (EP1528306A1) disclose a fastener for a pipe. Naoi (US 20120128410A1) discloses a clip.
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 DING Y TAN whose telephone number is (303)297-4271. The examiner can normally be reached on Monday-Friday, 8:00am MT--5:00pm MT.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Terrell McKinnon can be reached at telephone number 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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/DING Y TAN/Examiner, Art Unit 3632
/TERRELL L MCKINNON/Supervisory Patent Examiner, Art Unit 3632
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