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 .
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the “wherein the at least one recess(es) accommodated in the wall of the damping element is (are) completely surrounded by the material of the wall,” as recited in claim 12, must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
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 Objections
Claim 11 is objected to because it does not end with a period. Appropriate correction is required.
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 9-16 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.
Regarding independent claim 9, the phrases “preferably connected to a contact partner of a plug” and “at least one recess preferably running parallel” are indefinite because the use of “preferably” renders it unclear whether or not these phrases are required element of the claim. For purposes of examination, the use of the word “preferably” will be interpreted as being an optional element, and not positively required.
Regarding independent claim 9, the phrase “so that, by way of the at least one recess, the damping element is ensured that the compression forces are not too high when the tolerances are maximal, yet the damping element is nevertheless compressed when the tolerances are minimal” is indefinite because it is unclear which compression forces are considered to be “too high,” unclear when “tolerances are maximal,” and further unclear when “tolerances are minimal.”
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 9-11 and 13 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Vaccaro et al. (US 2015/0047147).
Regarding claim 9, Vaccaro discloses a damping element (see FIGS. 8A-10B), consisting of just one component (50), wherein the damping element is arranged on an outer sheathing of a cable (22), inside which there is arranged at least one electrical conductor (see ¶ 0003), which is preferably connected to a contact partner of a plug connector, wherein the damping element has, in its wall, at least one recess (60, 62, 64, 65) preferably running parallel to the longitudinal axis of the damping element, so that, by way of the at least one recess, the damping element is ensured that the compression forces are not too high when the tolerances are maximal, yet the damping element is nevertheless compressed when the tolerances are minimal (see ¶ 0042).
Regarding claim 10, Vaccaro discloses that the at least one recess(es) accommodated in the wall of the damping element is (are) arranged symmetrically in the wall (see FIGS. 8A-8C).
Regarding claim 11, Vaccaro discloses that the at least one recess(es) accommodated in the wall of the damping element is (are) arranged asymmetrically in the wall (see FIGS. 10A, 10B).
Regarding claim 13, Vaccaro discloses that the at least one recess(es) accommodated in the wall of the damping element is (are) partially or completely open (see FIGS. 9A-9C).
Claims 9 and 12 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Yamada et al. (US 6,297,457).
Regarding claim 9, Yamada discloses a damping element (see FIG. 2), consisting of just one component (1), wherein the damping element is arranged on an outer sheathing of a cable (20), inside which there is arranged at least one electrical conductor (see col. 3, lines 24-31), which is preferably connected to a contact partner of a plug connector, wherein the damping element has, in its wall, at least one recess (15) preferably running parallel to the longitudinal axis of the damping element, so that, by way of the at least one recess, the damping element is ensured that the compression forces are not too high when the tolerances are maximal, yet the damping element is nevertheless compressed when the tolerances are minimal (see col. 2, lines 3-15; grommet is made of flexible material thereby allowing damping and compression).
Regarding claim 12, Yamada discloses that the at least one recess(es) accommodated in the wall of the damping element is (are) completely surrounded by the material of the wall (see FIG. 2).
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.
Claims 14-16 are rejected under 35 U.S.C. 103 as being unpatentable over Vaccaro et al. (US 2015/0047147), as applied to claim 5, above, and further in view of Gallion (US 11,466,797).
Regarding claim 14, Vaccaro does not disclose that the damping element has at least one circumferential web and/or at least one circumferential depression on its circumferential surface.
Gallion teaches a grommet (see Abstract, FIGS. 20-26) comprising at least one circumferential web (610) and/or at least one circumferential depression on its circumferential surface (see FIGS. 20-26).
It would have been obvious to combine the circumferential webs and the circumferential depressions of Gallion with the device of Vacarro to provide a grommet that is capable of being securely attached to a plurality of wall thicknesses (see e.g. Gallion, col. 1, lines 19-21).
Regarding claim 15, Gallion teaches that the at least one circumferential web is arranged set back relative to one end of the damping element (see FIG. 22). It would have been obvious to set back the at least one circumferential web relative to an end to provide an end stop for the grommet, thereby preventing the grommet from being pushed through a securing hole.
Regarding claim 16, Gallion teaches that the damping element has, on its circumferential surface, four circumferential webs having circumferential depressions arranged between or next to them (see FIG. 22).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NICHOLAS J LANE whose telephone number is (571)270-5988. The examiner can normally be reached Monday-Friday, 8:30 AM - 5:00 PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Robert Siconolfi can be reached at (571)272-7124. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/NICHOLAS J LANE/Primary Examiner, Art Unit 3616
September 23, 2026
