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 .
DETAILED ACTION
Election/Restrictions
Applicant’s election without traverse of Species 3, Figures 22-32 and 68, in the reply filed on 12/29/2025 is acknowledged. Claims 1-20 are canceled, Claims 21-40 are newly added and pending.
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 21-40 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.
Claims 21 and 31 both recite “wherein the end portion is positioned at an angle relative to the attachment support leg--.” In the elected species shown in Figures 22-32 and 68, the end portion is 320 and the attachment support leg is 304. In this elected species the end portion is parallel to the attachment support leg and is not positioned at an angle. As a result, this recitation is unclear. Examiner suggests that the phrase should be amended to: “wherein the end portion is positioned at an angle relative to the straight portion.” Appropriate correction or clarification is required.
Please note, for the purposes of examination, Claims 21 and 31 will be interpreted as reciting “wherein the end portion is positioned at an angle relative to the straight portion.”
The remaining dependent claims are rejected by virtue of their dependencies.
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.
Claim(s) 21, 22, 24, 25, 27-32, 34, 35, 37-40 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US Patent App. No. 2015/0276093 to Aotani (Aotani).
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Regarding Claim 21: Aotani discloses a wire positioning device system, comprising: a support structure (See Annotated Fig. A); at least one cable; and a wire positioning device, comprising: a center leg (See Annotated Fig. A) having a distal end and a proximal end; an attachment support leg (See Annotated Fig. A) arranged on the proximal end of the center leg (See Annotated Fig. A); an extension portion (See Annotated Fig. A) arranged on the attachment support leg opposite the center leg, and configured to couple the wire positioning device to the support structure, wherein the extension portion includes a straight portion (See Annotated Fig. A) and an end portion (See Annotated Fig. A), wherein the end portion is positioned at an angle relative to the [straight portion] (See Annotated Fig. A); a saddle support leg (See Annotated Fig. A) positioned on the distal end of the center leg; a retention leg (See Annotated Fig. A) positioned on a distal end of the saddle support leg; and a cable support saddle (See Annotated Fig. A) formed from the saddle support leg and the retention leg, and configured to support the at least one cable.
Regarding Claims 22 and 32: Aotani discloses a cable hanger wherein the extension portion (See Annotated Fig. A) is positioned at an angle relative to the cable support saddle (See Annotated Fig. A) about the center leg (See Annotated Fig. A).
Regarding Claims 24 and 34: Aotani discloses a cable hanger wherein the retention leg (See Annotated Fig. A) includes a curved end (See Annotated Fig. A).
Regarding Claims 25 and 35: Aotani discloses a cable hanger wherein the curved end (See Annotated Fig. A) extends away from the center leg (See Annotated Fig. A).
Regarding Claims 27 and 37: Aotani discloses a cable hanger wherein a plurality of cables (See Figure 2 of Aotani) are configured to be arranged within the cable support saddle (See Annotated Fig. A).
Regarding Claims 28 and 38: Aotani discloses a cable hanger wherein the extension portion (See Annotated Fig. A) is configured to partially enclose a portion of the support structure (See Annotated Fig. A).
Regarding Claims 29 and 39: Aotani discloses a cable hanger wherein the extension portion (See Annotated Fig. A) is coupled to the support structure (See Annotated Fig. A) and the at least one cable (See Figure 2 of Aotani) is positioned within the cable support saddle (See Annotated Fig. A).
Regarding Claims 30 and 40: Aotani discloses a cable hanger wherein the retention leg (See Annotated Fig. A) extends upwards such that a portion of the retention leg is positioned above the extension portion (See Annotated Fig. A).
Regarding Claim 31: Aotani discloses a wire positioning device, comprising: a center leg (See Annotated Fig. A) having a distal end and a proximal end; an attachment support leg (See Annotated Fig. A) arranged on the proximal end of the center leg (See Annotated Fig. A); an extension portion (See Annotated Fig. A) arranged on the attachment support leg opposite the center leg, and configured to couple the wire positioning device to a support structure (See Annotated Fig. A), wherein the extension portion includes a straight portion (See Annotated Fig. A) and an end portion (See Annotated Fig. A), wherein the end portion is positioned at an angle relative to the [straight portion] (See Annotated Fig. A); a saddle support leg (See Annotated Fig. A) positioned on the distal end of the center leg (See Annotated Fig. A); a retention leg (See Annotated Fig. A) positioned on a distal end of the saddle support leg; and a cable support saddle (See Annotated Fig. A) formed from the saddle support leg and the retention leg, and configured to support the at least one cable.
Claim(s) 21, 26, 31 and 36 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US Patent No. 9,166,358 to Newman (Newman).
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Regarding Claim 21: Newman discloses a wire positioning device system, comprising: a support structure (See Annotated Fig. B); at least one cable; and a wire positioning device, comprising: a center leg (See Annotated Fig. B) having a distal end and a proximal end; an attachment support leg (See Annotated Fig. B) arranged on the proximal end of the center leg (See Annotated Fig. B); an extension portion (See Annotated Fig. B) arranged on the attachment support leg opposite the center leg, and configured to couple the wire positioning device to the support structure, wherein the extension portion includes a straight portion (See Annotated Fig. B) and an end portion (See Annotated Fig. B), wherein the end portion is positioned at an angle relative to the [straight portion] (See Annotated Fig. B); a saddle support leg (See Annotated Fig. B) positioned on the distal end of the center leg (See Annotated Fig. B); a retention leg (See Annotated Fig. B) positioned on a distal end of the saddle support leg; and a cable support saddle (See Annotated Fig. B) formed from the saddle support leg and the retention leg, and configured to support the at least one cable.
Regarding Claims 26 and 36: Newman discloses a cable hanger wherein the center leg (See Annotated Fig. B) includes an offset (See Annotated Fig. B) to arrange the attachment support leg (See Annotated Fig. B) and the saddle support leg (See Annotated Fig. B) parallel (See Annotated Fig. B) to one another.
Regarding Claim 31: Newman discloses a wire positioning device, comprising: a center leg (See Annotated Fig. B) having a distal end and a proximal end; an attachment support leg (See Annotated Fig. B) arranged on the proximal end of the center leg (See Annotated Fig. B); an extension portion (See Annotated Fig. B) arranged on the attachment support leg opposite the center leg, and configured to couple the wire positioning device to a support structure (See Annotated Fig. B), wherein the extension portion includes a straight portion (See Annotated Fig. B) and an end portion (See Annotated Fig. B), wherein the end portion is positioned at an angle relative to the [straight portion] (See Annotated Fig. B); a saddle support leg (See Annotated Fig. B) positioned on the distal end of the center leg (See Annotated Fig. B); a retention leg (See Annotated Fig. B) positioned on a distal end of the saddle support leg; and a cable support saddle (See Annotated Fig. B) formed from the saddle support leg and the retention leg, and configured to support the at least one cable.
Allowable Subject Matter
Claims 23 and 33 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Reasons for Allowable Subject Matter
None of the cited prior art, considered alone or in combination, discloses or teaches a cable hanger of claim 21, wherein the extension portion is positioned perpendicular to the cable support saddle about the center leg.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. In addition to the references used in this rejection and those cited in the PTO-892, the following references are very relevant to the claimed invention: US 2019/0211867.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ERET C MCNICHOLS whose telephone number is (571)270-7363. The examiner can normally be reached Monday - Friday: 9:00 - 5:00 (Eastern).
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ERET C. MCNICHOLS
Primary Examiner
Art Unit 3632
/ERET C MCNICHOLS/Primary Examiner, Art Unit 3632