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 .
Status of the Application
Claims 1-20 are pending and Claims 1, 3, 5-7, 10, 18, and 20 have been examined in this application. This communication is the first action on the merits. As of the date of this application, the Information Disclosure Statement(s) (IDS) filed on 08/20/2024 and 12/01/2025 has/have been taken into account.
Election/Restrictions
Applicant's election with traverse of Species 1, Subspecies 1b and Subspecies 1c in the reply filed on 05/04/2026 is acknowledged. The traversal is on the ground(s) that the features indicated in the election requirement are not mutually exclusive characteristics. This is not found persuasive because the indicated features of the indicated species and subspecies are characteristics which cannot exist simultaneously. For example, a centrally located low friction coating cannot exist and operate if a bearing is in its place; a flat flange cannot also be a mushroom shaped flange; a central portion cannot taper in two directions to form larger diameters at each end and also only taper in a single direction; the device cannot be both truncated and have an uninterrupted guiding surface; the device cannot be mounted by magnets and also rotate about an axis via bearings, etc.
As such, the requirement is still deemed proper and is therefore made FINAL.
Claims 2, 4, 8-9, 11-17 and 19 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected species/subspecies, there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on 05/04/2026.
Claim 2 recites a low friction coating, which is a feature of non-elected subspecies 1a; Claim 4 recites a through bore; counterbores, and ball bearings, which is are features of non-elected species 6; Claim 4 recites a through bore; counterbores, and ball bearings, which is are features of non-elected species 6; Claim 8 recites a gripping mechanism, an eyelet screw, a hook screw and a grab handle, which are features of non-elected subspecies 1d; Claim 9 recites a body with a first end portion shaped like a mushroom cap and specific varying diameters of the first middle and second end portions, which is are features of non-elected species 2; and Claims 11-17 recite a truncated main body which is a feature of non-elected species 4.
Information Disclosure Statement
The information disclosure statement filed 08/20/2024 fails to comply with 37 CFR 1.98(a)(2), which requires a legible copy of each cited foreign patent document; each non-patent literature publication or that portion which caused it to be listed; and all other information or that portion which caused it to be listed. It has been placed in the application file, but the information referred to therein has not been considered.
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.
Claim 18 is 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.
Claim 18 recites “a scalable length along the central axis and a scalable width perpendicular to the central axis”. – It is unclear what element or elements the recited dimensions belong to. Additionally, it is unclear how a single width or length can scale as it is a single fixed dimension.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1, 5-7, and 20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Winther et al. (US 6,729,606).
In regards to Claim 1, Winther discloses a line management device for guiding local distribution of a utility line, comprising: a main body (Winther: Fig. 1; 1) with a central axis, the main body comprising: a middle portion (Winther: Fig. 1; 3) intersecting the central axis and comprising a first end, a second end and a contoured surface extending between the first end and the second end, the contoured surface having a contour to direct the utility line in relation to an object in a local environment; a first end portion (Winther: Fig. 1; 4) intersecting the central axis, abutting the first end of the middle portion and comprising a first exterior surface, the first exterior surface shaped to direct the utility line toward the middle portion and to obstruct the utility line from passing over the first end portion and outside the main body; and a second end portion (Winther: Fig. 1; 5) intersecting the central axis, abutting the second end of the middle portion and comprising a second exterior surface, the second exterior surface shaped to direct the utility line toward the middle portion and to obstruct the utility line from passing over the second end portion and outside the main body.
In regards to Claim 5, Winther discloses the line management device of Claim 1, further comprising: an attaching mechanism (Winther: Fig. 4; 9) configured to secure the main body (Winther: Fig. 1; 1) to the object in the local environment.
In regards to Claim 6, Winther discloses the line management device of Claim 1, further comprising: an installation/removal mechanism (Winther: Fig. 4; 9) affixed to the main body to facilitate installation and removal of the line management device in relation to the object in the local environment.
In regards to Claim 7, Winther discloses the line management device of Claim 6 wherein the installation/removal mechanism comprises a magnet (Winther: Fig. 4; 9).
In regards to Claim 20, Winther discloses a cable management device for guiding local distribution of an electrical cable, comprising: a main body (Winther: Fig. 1; 1) with a central axis, the main body comprising: a middle portion (Winther: Fig. 1; 3) intersecting the central axis and comprising a first end, a second end and a contoured surface extending between the first end and the second end, the contoured surface having a contour to direct the electrical cable in relation to an object in a local environment; a first end portion (Winther: Fig. 1; 4) intersecting the central axis, abutting the first end of the middle portion and comprising a first exterior surface, the first exterior surface shaped to direct the electrical cable toward the middle portion and to obstruct the electrical cable from passing over the first end portion and outside the main body; and a second end portion (Winther: Fig. 1; 5) intersecting the central axis, abutting the second end of the middle portion and comprising a second exterior surface, the second exterior surface shaped to direct the electrical cable toward the middle portion and to obstruct the electrical cable from passing over the second end portion and outside the main body; and one or more magnets (Winther: Fig. 4; 9) embedded in one or more of the middle portion, the first end portion and the second end portion, the one or more magnets configured to secure the main body to the object in the local environment.
Claims 1 and 10 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Shepstone (GB 1,167,448).
In regards to Claim 1, Shepstone discloses a line management device for guiding local distribution of a utility line, comprising: a main body (Shepstone: Fig. 1; 7) with a central axis, the main body comprising: a middle portion (Shepstone: Annotated Fig. 1; M) intersecting the central axis and comprising a first end, a second end and a contoured surface extending between the first end and the second end, the contoured surface having a contour to direct the utility line in relation to an object in a local environment; a first end portion (Shepstone: Annotated Fig. 1; P1) intersecting the central axis, abutting the first end of the middle portion and comprising a first exterior surface, the first exterior surface shaped to direct the utility line toward the middle portion and to obstruct the utility line from passing over the first end portion and outside the main body; and a second end portion (Shepstone: Annotated Fig. 1; P2) intersecting the central axis, abutting the second end of the middle portion and comprising a second exterior surface, the second exterior surface shaped to direct the utility line toward the middle portion and to obstruct the utility line from passing over the second end portion and outside the main body.
In regards to Claim 10, Shepstone discloses the line management device of Claim 1 wherein the first end portion (Shepstone: Annotated Fig. 1; P1) of the main body comprises a first thickness with a first diameter that intersects the central axis, and wherein the middle portion (Shepstone: Annotated Fig. 1; M) of the main body is defined by a varying second diameter that intersects the central axis, the contoured surface of the middle portion being concave shaped along the central axis such that the varying second diameter at the first end of the middle portion smoothly transitions to abut with the first diameter of the first end portion, the varying second diameter at the second end of the middle portion smoothly transitions to abut with the second end portion and the varying second diameter is smallest between the first end and the second end of the middle portion, and wherein the second end portion (Shepstone: Annotated Fig. 1; P2) of the main body comprises a second thickness with a third diameter that intersects the central axis and smoothly transitions to abut with the varying second diameter at the second end of the middle portion, and wherein the first diameter of the first end portion is greater than the varying second diameter of the middle portion and the third diameter is greater than the varying second diameter of the middle portion (Shepstone: Fig. 1; shows claimed diameter relationship).
Claims 1 and 18 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Fuller et al. (US 2013/0284852).
In regards to Claim 1, Fuller discloses a line management device for guiding local distribution of a utility line, comprising: a main body (Fuller: Fig. 1-2; 10) with a central axis (Fuller: Fig. 1-2; A), the main body comprising: a middle portion (Fuller: Fig. 1-2; 12) intersecting the central axis and comprising a first end (Fuller: Fig. 2; 14), a second end (Fuller: Fig. 2; 16) and a contoured surface extending between the first end and the second end, the contoured surface having a contour to direct the utility line in relation to an object in a local environment; a first end portion (Fuller: Fig. 1-2; 18) intersecting the central axis, abutting the first end of the middle portion and comprising a first exterior surface, the first exterior surface shaped to direct the utility line toward the middle portion and to obstruct the utility line from passing over the first end portion and outside the main body; and a second end portion (Fuller: Fig. 1-2; 18) intersecting the central axis, abutting the second end of the middle portion and comprising a second exterior surface, the second exterior surface shaped to direct the utility line toward the middle portion and to obstruct the utility line from passing over the second end portion and outside the main body.
In regards to Claim 18, Fuller discloses a the line management device of Claim 1, further comprising a scalable length along the central axis and a scalable width perpendicular to the central axis (Fuller: [0032]-[0033]; recites scalability of size for middle and end portions).
Claim Rejections - 35 USC § 103
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.
Claim 3 is rejected under 35 U.S.C. 103 as being unpatentable over Shepstone (GB 1,167,448) in view of Homes (US 3,080,034).
In regards to Claim 3, Shepstone discloses the line management device of Claim 1, but fails to disclose a middle portion of the main body comprising: at least one bearing embedded in the contoured surface and circumferentially spaced apart around the contoured surface to facilitate pulling the utility line across the contoured surface.
However, Homes teaches a middle portion (Homes: Fig. 2; 10) of a main body comprising: at least one bearing (Homes: Fig. 2; 9) embedded in a contoured surface and circumferentially spaced apart around the contoured surface to facilitate pulling the utility line across the contoured surface.
Shepstone and Homes are analogous because they are from the same field of endeavor or a similar problem solving area e.g. conduit/cable supports; allowing movement relative to a support. 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 middle portion contoured surface in Shepstone with the bearing from Homes, with a reasonable expectation of success, in order to provide a means of accommodating different rates of rotation due the varying diameters of the main body (Homes: Col. 2, Ln. 13-19), thereby enabling smoother movement of the guided utility line.
Annotated Figures
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I: Shepstone; Fig. 1
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See PTO-892 for cited references.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Taylor Morris whose telephone number is (571)272-6367. The examiner can normally be reached M-F: 10AM-6PM PST / 1PM-9PM EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jonathan Liu can be reached at (571) 272-8227. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Taylor Morris/Primary Examiner, Art Unit 3631
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