This is a Final office action for serial number 18908664.
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 .
Double Patenting
A rejection based on double patenting of the “same invention” type finds its support in the language of 35 U.S.C. 101 which states that “whoever invents or discovers any new and useful process... may obtain a patent therefor...” (Emphasis added). Thus, the term “same invention,” in this context, means an invention drawn to identical subject matter. See Miller v. Eagle Mfg. Co., 151 U.S. 186 (1894); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Ockert, 245 F.2d 467, 114 USPQ 330 (CCPA 1957).
A statutory type (35 U.S.C. 101) double patenting rejection can be overcome by canceling or amending the claims that are directed to the same invention so they are no longer coextensive in scope. The filing of a terminal disclaimer cannot overcome a double patenting rejection based upon 35 U.S.C. 101.
Claims 1-15 is/are rejected under 35 U.S.C. 101 as claiming the same invention as that of claims 1-15 of prior U.S. Patent No.12113344. This is a statutory double patenting rejection.
12113344 and this application 19908664 disclose the same invention using the claims as disclosed below:
1. A releasable cable holder for securing a cable in a suspended ceiling environment to a structural wire in the suspended ceiling environment, the releasable cable holder comprising: a first cable-holding portion, a second structure-connecting portion, and a third portion coupling the first cable-holding portion and the second structure-connection portion, the first cable-holding portion including: a first planar base plate, formed with sidewalls extending upward from the first planar base plate; a first living hinge formed along one of the sidewalls, movably connecting a first planar top cover to the one of the sidewalls; a first latching lip formed on the first planar top cover, distal from the first living hinge; a corresponding lip formed on another of the sidewalls, distal from the first living hinge, the first latching lip and corresponding lip together defining a first pair of latching lips; a first base ridge jutting out from the first planar base plate and generally facing the top cover; a first impediment jutting out from the first planar top cover and generally facing the first planar base plate; and a release tab on the top cover adjacent the first latching lip; wherein the first base ridge, the first impediment, and the first latching lip are operable to secure the cable on the first planar base plate between the sidewalls by moving the first planar top cover about the first living hinge so that the first latching lip clasps the corresponding lip to latch the first planar top cover closed relative to the first planar base plate, and the cable is secured between the first base ridge and the impediment when the first planar top cover is closed relative to the first planar base plate; and the second structure-connecting portion including: a second base plate with a second ridge, and a second top cover with a second impediment, the second base plate and the second top cover connected by a second living hinge; a second pair of latching lips opposite the second hinge, wherein the second structure-connecting portion is operable to grip the structural wire between the second ridge and the second impediment.
2. The releasable cable holder of claim 1 wherein the first cable-holding portion further includes a hole formed in the first planar base plate.
3. The releasable cable holder of claim 2 wherein the third portion is a coupler on the second structure-connecting portion for connecting to the hole in the first planar base plate of the first cable-holding portion.
4. The releasable cable holder of claim 1 wherein the third portion is a coupler on a selected one of the second base plate and the second top cover of the second structure-connecting portion.
5. The releasable cable holder of claim 4 wherein the third portion is a coupler on the second base plate of the second structure-connecting portion.
6. The releasable cable holder of claim 4 wherein the third portion is a coupler on the second top cover of the second structure-connecting portion.
7. The releasable cable holder of claim 1 further including a span offsetting the third portion from the second structure-connecting portion.
8. The releasable cable holder of claim 7 wherein the span defines a proximal end adjacent the second structure-connecting portion and a distal end opposite the proximal end, and wherein the third portion includes a coupler at the distal end of the span.
9. The releasable holder of claim 1 wherein the third portion is integrally formed with the second structure-connecting portion.
10. The releasable holder of claim 9 wherein the third portion is on the second base plate of the second structure-connecting portion.
11. The releasable holder of claim 9 wherein the third portion is on the second top cover of the second structure-connecting portion.
12. The releasable holder of claim 9 wherein the third portion is on the second top cover of the second structure-connecting portion.
13. The releasable holder of claim 1 further including a span extending from the second structure-connecting portion to a distal end of the span.
14. The releasable cable holder of claim 13 wherein the third portion includes a coupler at the distal end of the span.
15. The releasable cable holder of claim 14 wherein the coupler and the span are formed integrally with the second structure-connecting portion.
Response to Arguments
Applicant's arguments filed June 30, 2026 have been fully considered but they are not persuasive since The filing of a terminal disclaimer cannot overcome a double patenting rejection based upon 35 U.S.C. 101.
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KIMBERLY T WOOD whose telephone number is (571)272-6826. The examiner can normally be reached M-Thur 9:00am-5:30pm flexible schedule.
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/KIMBERLY T WOOD/ Primary Examiner, Art Unit 3631
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