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 .
Information Disclosure Statement
The prior art documents submitted by applicant in the Information Disclosure Statement filed 07/29/2024 have all been considered and made of record.
Joint Inventors
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.
Drawings
Figures 3, 4a, 4b, and 5a are objected to. Figure 3 is objected to because
the “second retainer” 200 label of fig. 3 appears indicate a general region of the cable retaining system 100 while the “first retainer” 110 label appears to indicate a small hexagonal structure within the cable retaining system so it is unclear what structures constitute the first and second retainers and where exactly the second retainer ends and the first retainer begins within the figure,
the “walls” 114 are described in the specification as being the walls of the one or more first channels 112, but the labels for elements 114 appear to be drawn to a cable, hexagonal components, or some points that appear to be separated from the first channels, and
element 330 is designated as a “view” but appears to indicate a particular region or component.
Figures 4a and 4b are objected to because
element labels 100 and 200 appear to be drawn to the same general region or structure.
Figure 5a is objected to because
the label for element 310a appears to be drawn to a face of (or passage within) the device, rather than the “base part” as defined in the specification.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
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 1-19 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.
With regards to claims 1 and 15, the claims recite “…one or more first channels…”, “…the channels…”, and “the first channels”. It is unclear whether or not the first retainer must be composed of more than one channel. The claims are indefinite because the limitations create confusion regarding the structure of the claimed device.
Claims 2-19 inherit the indefiniteness of claim 1 on which they depend.
With regards to claim 2, the claim recites “…openings through which a cable can extend…” in line 3. Claim 1 on which claim 2 depends recites “…configured to receive respective cables…” in line 5, then recites “…longitudinal axes of the cables…” in line 6. It is unclear if the “a cable” of claim 2 is one of the “cables” introduced in claim 1, or if it is a newly introduced cable. The claim is indefinite because the limitations create confusion regarding the structure of the claimed device.
With regards to claim 11, the claim recites “…a portion of a particular cable…” in line 3. Claim 1 on which claim 11 depends recites “…configured to receive respective cables…” in line 5, then recites “…longitudinal axes of the cables…” in line 6. It is unclear if the “a particular cable” of claim 11 is one of the “cables” introduced in claim 1, or if it is a newly introduced cable. The claim is indefinite because the limitations create confusion regarding the structure of the claimed device.
With regards to claim 12, the claim recites the limitation "…wherein the second channels are spaced apart…". There is insufficient antecedent basis for this limitation in the claim because “…the second channels…” are not introduced in claim 1 on which claim 12 depends.
With regards to claim 16, the claim recites “…openings through the gasket for respective cables to extend through…” in line 3. Claim 15 on which claim 16 depends recites “…configured to receive respective cables…” in line 8, then recites “…longitudinal axes of the cables…” in line 10. It is unclear if the “respective cables” of claim 16 are the same as the “cables” introduced in claim 15, or if they are newly introduced cables. The claim is indefinite because the limitations create confusion regarding the structure of the claimed device.
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.
(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 1-23 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Coenegracht (US 20150137461 A1).
With regards to claims 1 and 15, Coenegracht discloses a housing assembly comprising:
a housing having an aperture through a wall of the housing into an interior space of the housing (Fig1/Housing 20; Fig7/Aperture 102); and
a cable retaining system (Fig15/Cable retaining system 33e), wherein the cable retaining system comprises:
a first retainer, wherein the first retainer is configured to be arranged adjacent to a gasket for sealing the aperture into the housing interior (Fig15/First retainer [as indicated below to the left] and gasket 74), wherein the first retainer comprises one or more first channels (Fig15/First channels [as indicated below to the right]) to be aligned with respective openings through the gasket (Fig15/Openings 30e), and wherein the channels are configured to receive respective cables (Paragraph 37/ “…cable ports 30e…”) extending through respective ones of the openings in the gasket in order to maintain alignment of a longitudinal axes of the cables with the respective openings (Fig15); and
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a second retainer, wherein the second retainer comprises a second retainer mechanism spaced apart from the first retainer, wherein the second retainer mechanism is configured to engage the cables to resist movement of the cables out of the first channels (Fig15/Second retainer [as indicated below to the left] and second retaining mechanism [as indicated below to the right]).
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With regards to claims 2 and 16, Coenegracht discloses the cable retaining system and housing assembly of claims 1 and 15, wherein the system further comprises the gasket for sealing the aperture into the housing, wherein the gasket comprises one or more openings through each of which a cable can extend into the interior of the housing (Fig15/Gasket 74 and openings 30e).
With regards to claim 3, Coenegracht discloses the cable retaining system of claim 1, wherein walls of the first channels are configured to engage the cables to resist movement of the cables in longitudinal directions of the cables (Fig15).
With regards to claim 4, Coenegracht discloses the cable retaining system of claim 1, wherein the second retainer mechanism is configured to resist movement of the cables in a direction perpendicular to the longitudinal directions of the cables (Fig15).
With regards to claim 5, Coenegracht discloses the cable retaining system of claim 1, wherein the second retainer comprises a bracket couplable to the housing (Fig15/Bracket [as indicated below]).
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With regards to claims 6 and 17, Coenegracht discloses the cable retaining system and housing assembly of claims 1 and 15, wherein the second retainer comprises one or more retaining arms configured to engage the cables to resist movement of the cables out of the first channels (Fig15/Retaining arms 79).
With regards to claim 7, Coenegracht discloses the cable retaining system of claim 1, wherein the second retainer comprises one or more second channels aligned with respective ones of the first channels, wherein the second retainer is configured to receive the cables extending though the first channels within respective ones of the second channels (Fig15/Second channels [as indicated below]).
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With regards to claim 8, Coenegracht discloses the cable retaining system of claim 7, wherein walls of the second channels are configured to engage the cables to resist movement of the cables in longitudinal directions of the cables (Fig15).
With regards to claim 9, Coenegracht discloses the cable retaining system of claim 7, wherein the cables are insertable into the second channels in a direction perpendicular to the longitudinal axes of the cables, and wherein the one or more retaining arms are arranged to resist movement of the cables in the direction perpendicular to the longitudinal axes of the cables out of the second channels (Fig15/Direction perpendicular to the longitudinal axes [as indicated below]).
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With regards to claim 10, Coenegracht discloses the cable retaining system of claim 7, wherein the second channels comprise a channel bottom and an open side opposite the channel bottom, wherein the retaining arms are provided at the open sides of the second channels and are arranged to project over the open sides of the second channels in order to restrict movement of the cables out of the open sides (Fig15/Channel bottom [as indicated below]).
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With regards to claim 11, Coenegracht discloses the cable retaining system of claim 10, wherein the retaining arms project over the open sides of the second channels at an angle relative to walls of the second channels, so that a portion of a particular cable arranged at the angle relative to the walls of the second channels is insertable between pairs of the retaining arms on either side of a particular second channel in order to be inserted into the particular second channel (Fig15/[Angle associated with conical form of elements 79]).
With regards to claim 12, Coenegracht discloses the cable retaining system of claim 1, wherein the second channels are spaced apart from the first retainer along the longitudinal axes of the cables (Fig15).
With regards to claims 13 and 18, Coenegracht discloses the cable retaining system and housing assembly of claims 1 and 15, wherein the cables are optical fibre cables (Paragraph 48/ “…fiber optic cables…”).
With regards to claims 14 and 19, Coenegracht the cable retaining system and housing assembly of claims 1 and 15, wherein the housing is an enclosure, cabinet or mast for a telecommunications network (Fig1).
With regards to claim 20, Coenegracht discloses a method of retrofitting a retaining system for a housing assembly, wherein the method comprises:
providing a housing assembly, the housing assembly comprising:
a housing having an aperture into an interior of the housing through which one or more cables extend (Fig1/Housing 20); and
a first retainer, wherein the first retainer is configured to be arranged adjacent to a gasket for sealing the aperture into the housing interior(Fig15/First retainer [as indicated below to the left] and gasket 74), wherein the first retainer comprises one or more first channels (Fig15/First channels [as indicated below to the right]) to be aligned with respective openings through the gasket (Fig15/Openings 30e), and wherein the first channels are configured to receive respective cables (Paragraph 37/ “…cable ports 30e…”) extending through respective ones of the openings in the gasket in order to maintain alignment of longitudinal axes of the cables with the respective openings; and
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coupling a second retainer to the housing assembly on an opposite side of the first retainer from the aperture, wherein the second retainer comprises a second retainer mechanism spaced apart from the first retainer, wherein the second retainer mechanism is configured to engage the cables to resist movement of the cables out of the first channels (Fig15/Second retainer [as indicated below to the left] and second retaining mechanism [as indicated below to the right]).
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With regards to claim 21, Coenegracht discloses the method of claim 20, wherein the second retainer comprises one or more retaining arms configured to engage the cables to resist movement of the cables out of the first channels, wherein the method further comprises: arranging the cables such that the cables engage the retaining arms (Fig15/Retaining arms 79).
With regards to claim 22, Coenegracht discloses the method of claim 20, wherein the second retainer comprises one or more second channels alignable with respective ones of the first channels, wherein the second retainer is configured to receive the cables extending though the first channels within respective ones of the second channels (Fig15).
With regards to claim 23, Coenegracht discloses the method of claim 22, wherein the method further comprises: arranging the cables such that the cables are received within the ones of the second channels of the second retainer which are aligned with the first channels of the first retainer within which the cables are received (Fig15/Paragraph 48).
Conclusion
This prior art, made of record, but not relied upon, is considered pertinent to applicant’s disclosure since the following references have similar structure and/or use similar structure and/or similar optical elements to what is disclosed and/or claimed in the instant application:
Takeuchi (US 20230125728 A1) [Fig2A]
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Marc E Manheim whose telephone number is (703)756-1873. The examiner can normally be reached 6:30am - 5pm E.T., Monday - Tuesday and Thursday - Friday.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Thomas A Hollweg can be reached at (571) 270-1739. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MARC E MANHEIM/Examiner, Art Unit 2874
/THOMAS A HOLLWEG/Supervisory Patent Examiner, Art Unit 2874
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