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 .
Response to Amendment
Claims 1-13 are amended.
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.
Claim(s) 1-5 and 13 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 2020/0180527 to Nishimura et al.
Regarding claim 1, Nishimura ‘527 discloses a wiring harness fixture, comprising: a fixing member 14 to be fixed to an attachment object 12 (para 0037); and a wire holding member 40 for holding a wire member 30 (para 0039-0040), one of the fixing member and the wire holding member including a first coupling portion 42, the other of the fixing member and the wire holding member including a second coupling portion 22 to be detachably coupled to the first coupling portion 42, and the wire holding member 40 being separably attached to the fixing member 14 by coupling the first and second coupling portions 42/22 (para 0039 and 0045).
Regarding claim 2, Nishimura ‘527 discloses, wherein: the first coupling portion includes a locking claw 44, and the second coupling portion includes a locked portion 22a to be locked by the locking claw 44.
Regarding claim 3, Nishimura ‘527 discloses, wherein a plurality of the locking claws 44 and a plurality of the locked portions 22a are provided.
Regarding claim 4, Nishimura ‘527 discloses, wherein the first coupling portion 42 includes a displacement allowing portion 46 for allowing a displacement of one of the plurality of locking claws 44 in a direction to release locking to the locked portion (para 0054 & 0058; portion 46 permits a user to displace the locking claw 44 during uncoupling of the fixing member from the locking member).
Regarding claim 5, Nishimura ‘527 discloses, wherein the first coupling portion 42 includes an operating portion 43 for displacing the locking claw 44 in cooperation with the displacement allowing portion 46.
Regarding claim 13, Nishimura ‘527 discloses the wiring harness fixture and a wire member 32 to be held by the wire holding member 30 of the wiring harness fixture.
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(s) 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 2020/0180527 to Nishimura et al.
Regarding claim 12, Nishimura ‘527 discloses the locking claw 44, wherein: the locking claw 44 allowed to be displaced by the displacement allowing portion 46 is a first locking claw 44 and each locking claw (there is a plurality of locking claws – Fig. 2) other than the first locking claw, out of the plurality of locking claws, is a second locking claw, one first locking claw is provided, a plurality of the second locking claws are provided, but Nishimura ‘527 is silent as to a width of the first locking claw is set to be larger than that of each of the plurality of second locking claws.
It would have been an obvious matter of design choice to use a larger first locking claw than the other locking claws for locking the devices, since such a modification would have involved a mere change in the size of a component. A change in size is generally recognized as being within the level of ordinary skill in the art. In re Rose, 105 USPQ 237 (CCPA 1955). Further, in Gardner v. TEC Systems, Inc., 725 F.2d 1338, 220 USPQ 777 (Fed. Cir. 1984), cert. denied, 469 U.S. 830, 225 USPQ 232 (1984), the Federal Circuit held that, where the only difference between the prior art and the claims was a recitation of relative dimensions of the claimed device and a device having the claimed relative dimensions would not perform differently than the prior art device, the claimed device was not patentably distinct from the prior art device.
Allowable Subject Matter
Claims 6-11 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.
The following is a statement of reasons for the indication of allowable subject matter: note the configuration of the operating and holding portion; and note the configuration of the slit and flexible portion.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure and could be used in subsequent office actions rejections, as applicable.
The list of supports is as follows: US-11821549-B2 OR US-4439896-A OR US-5112013-A OR US-7775484-B2 OR US-7762503-B2 OR US-5292013-A OR US-20190148924-A1 OR US-2969216-A.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MONICA E MILLNER whose telephone number is (571)270-7507. The examiner can normally be reached M-F 8am-4:00pm.
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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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/MONICA E MILLNER/Primary Examiner, Art Unit 3632
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