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 .
Election/Restrictions
Applicant's election with traverse of Invention I, Species II in the reply filed on 12/30/2025 is acknowledged. The traversal is on the ground(s) that claims 11 and 18 have been amended to obviate the restriction requirement set forth in the Requirement for Restriction dated 10/31/2025. This is not found persuasive because the restriction requirement is still valid as set forth in the requirement previously mailed. Specifically, Invention I and II are related as combination subcombination and the combination (invention I) does not require the lip of the subcombination (invention II). Further, invention I and III are related as product and product of use and the product can be used in a materially different process where the bracket channel opens upwardly but not toward the first cable tray. Applicant further alleges that there is no search or examination burden for the Examiner to consider both inventions. The Examiner disagrees and is of the position that the difference in claim limitations would require the Examiner to separately search these distinct inventions as discussed in the Restriction Requirement dated 12/30/2025. Applicant’s argument has been considered but is not persuasive.
The requirement is still deemed proper and is therefore made FINAL.
Claims 11-20 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected Invention I and III-VI, there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on 12/30/2025. Further, re. Cl. 10, the claim refers to a guard which is specifically illustrated in non-elected species IV-VI which were not elected. Therefore, claim 10 will also be withdrawn as non-elected.
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.
Claims 1-2 and 4-6 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Ulberg US 2662709 (hereinafter Ulberg).
Re. Cl. 1, Ulberg discloses: A system for supporting cables (Fig. 1), the system comprising: a first cable tray and a second cable tray (see Fig. 1, 10 and 11), each of the first and second cable trays including a floor and side walls formed from longitudinal and transverse wires (see Fig. 1, created by 20 and 15 and 14); an exit adapter (Fig. 4) having a first end and a second end (see Fig. 4, lower 21 and upper 21), and further including: a ramp extending between the first end and the second end (see 17, Fig. 4); and a first mating tab at the first end (lower 21, Fig. 4, the strap 21 is a “tab” as the term tab is defined as a small flap or strip of material attached to or projecting from something used to hold or manipulate it or for identification and information; 21 projects from 20 to hold onto 32); definition taken from google dictionary); and an exit (Fig. 5) bracket having a top end and a bottom end (see Fig. 5), and further including: a bracket channel (between 27a’s and under 29 Fig. 5) that opens upwardly (see Fig. 5, as having open top and bottom ends); and a mating flange (where 32s are located, Fig. 5); the exit adapter being securable to the first cable tray in a first orientation (see Fig. 1, via 37), with the first end below the second end (see Fig. 1-4, lower 21 is below upper 21), the mating flange of the exit bracket secured to the first mating tab of the exit adapter (see Fig. 2, via 37), and the bracket channel receiving a transverse wire of the floor of the second cable tray to hang the second cable tray from the first end of exit adapter (see Fig. 1, the wires 20 from 11 are fit within the bracket channel and secured therein using 37 and 19).
Re. Cl. 2, Ulberg discloses: the exit adapter further includes a second mating tab (upper 21, Fig. 4) at the second end (see Fig. 4); and wherein the exit bracket is securable to the first cable tray in a second orientation, with the second end below the first end, the mating flange of the exit bracket secured to the second mating tab of the exit adapter, and the bracket channel receiving the transverse wire of the floor of the second cable tray to hang the second cable tray from the second end of the exit adapter (see Fig. 4, due to the identical configuration shown in Fig. 4, the bracket can be rotated so that it is reversed where the upper 21 and lower 21 change spots and still function as shown in Fig. 1). .
Re. Cl. 4, Ulberg discloses: the bracket channel further receives transverse wires of the side walls of the second cable tray (see Fig. 1, the wires of 20 are received within the space between 27as).
Re. Cl. 5, Ulberg discloses: the bracket channel is discontinuous (see Fig. 5, the space between 27a’s is partially blocked by 29), to receive longitudinal wires of the second cable tray (see Fig. 1).
Re. Cl. 6, Ulberg discloses: the exit bracket includes a first wall (27a, Fig. 5), a second wall (other 27a, Fig. 5), and a third wall (29) that collectively define the bracket channel (see Fig. 1 and 5).
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.
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 3 is rejected under 35 U.S.C. 103 as being unpatentable over Ulberg in view of Hui US 5663527 (hereinafter Hui).
Re. Cl. 3, Ulberg discloses that the first mating tab includes a notch (26, 25 Fig. 4) but does not disclose the mating flange includes a hook; and wherein with the exit adapter in the first orientation the hook is received into the notch to support the exit bracket vertically relative to the exit adapter. Ulberg discloses the use of a fastener and plate (19 and 37, fig. 1) which secures the exit bracket and exit adapter. Hui discloses an alternate fastening mechanism (3, 2 Fig. 1-2) between stacked members in a cable support system (see Fig. 2) in the form of a notch (3, Fig. 1) which receives a hook (2, Fig. 2) to support a stacked arrangement (see Fig. 2).
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 and plate device of Ulberg with the hook and notch configuration of Hui with reasonable expectation of success since Hui would provide a tool free configuration that could be easily installed without the need for tools or manual tightening. Such a modification would make the installation of the device easier for the user.
Allowable Subject Matter
Claims 7-9 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.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Sledzinski US 2022/0224090, Kellerman US 2016/0308339, Kellerman US 2017/0250529, Kellerman US 2016/0197464, and Arvilla US 2022/0269026 disclose other known system for supporting cables 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