This is a Non-Final office action for serial number 18/908664.
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.
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1-15 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-2 of U.S. Patent No. 11626717 in view of Carraher et al. (Carraher) 7241071.
US Patent No. 11626717 discloses:
(Claim 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, 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; (Claim 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.
US Patent No. 11626717 discloses all of the limitations of the claimed invention except for: and a third portion coupling the first cable-holding portion and the second structure-connection portion.
Carraher (see entire specification) teaches that it is known to have:
(Claim 1) a third portion (35) coupling the first cable-holding portion (20/40) and the second structure-connection portion (15);
(Claim 3) The releasable cable holder of claim 2 wherein the third portion is a coupler (35) on the second structure-connecting portion (15) for connecting to the hole (40) in the first planar base plate of the first cable-holding portion (20);
(Claim 4) The releasable cable holder of claim 1 wherein the third portion (35) is a coupler on a selected one of the second base plate and the second top cover of the second structure- connecting portion
(Claim 5) The releasable cable holder of claim 4 wherein the third portion is a coupler (25) on the second base plate (50) of the second structure-connecting portion (15);
(Claim 6) The releasable cable holder of claim 4 wherein the third portion is a coupler (35) on the second top cover of the second structure-connecting portion (15);
(Claim 7) The releasable cable holder of claim 1 further including a span (125) offsetting the third portion (35) from the second structure-connecting portion (15);
(Claim 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 (35) at the distal end of the span (125);
(Claim 9) The releasable holder of claim 1 wherein the third portion (35) is integrally formed with the second structure-connecting portion (15);
(Claim 10) The releasable holder of claim 9 wherein the third portion (35) is on the second base plate (50) of the second structure-connecting portion (15);
(Claim 11) The releasable holder of claim 9 wherein the third portion (35) is on the second top cover of the second structure-connecting portion (15);
(Claim 12) The releasable holder of claim 9 wherein the third portion is on the second top cover of the second structure-connecting portion;
(Claim 13) The releasable holder of claim 1 further including a span (125) extending from the second structure-connecting portion to a distal end of the span; (Claim 14) The releasable cable holder of claim 13 wherein the third portion includes a coupler (35) at the distal end of the span (125);
(Claim 15) The releasable cable holder of claim 14 wherein the coupler (35) and the span (125) are formed integrally with the second structure-connecting portion.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention with reasonable expectation of success to have modified US Patent NO. 11626717 to have included the third portion coupling the first cable-holding portion and the second structure-connection portion as taught by Carraher for the purpose of providing a means for attaching the first cable-holder portion and second structure connection portions together to allow a broad range of versatile connection for multiple wires within a ceiling environment.
Claims 1-15 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-15 of U.S. Patent No. 10283950 in view of U.S. Patent No.12113344.
US Patent No. 10283950 discloses:
(Claim 1): a planar base plate, formed with sidewalls extending upward from the base plate; a living hinge formed along one of the sidewalls, movably connecting a planar top cover to the one of the sidewalls; a latching lip formed on the first top cover, distal from the living hinge; a corresponding lip formed on another of the sidewalls, distal from the living hinge, a first base ridge jutting out from the first base plate and generally facing the top cover; a impediment jutting out from the top cover and generally facing the base plate; and a release tab on the top cover adjacent the first latching lip; the cable is secured between the first base ridge and the impediment when the top cover is closed relative to the base plate.
(Claim 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.
US Patent No. 10283950 discloses all of the limitations of the claimed invention except for 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 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; 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; 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; wherein the third portion is a coupler on the second base plate of the second structure-connecting portion; wherein the third portion is a coupler on the second top cover of the second structure-connecting portion; further including a span offsetting the third portion from the second structure-connecting portion; 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; wherein the third portion is integrally formed with the second structure-connecting portion; wherein the third portion is on the second base plate of the second structure-connecting portion;
wherein the third portion is on the second top cover of the second structure-connecting portion; wherein the third portion is on the second top cover of the second structure-connecting portion; further including a span extending from the second structure-connecting portion to a distal end of the span; wherein the third portion includes a coupler at the distal end of the span; wherein the coupler and the span are formed integrally with the second structure-connecting portion.
U.S. Patent No.12113344 teaches that it is known to have:
(Claim 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 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; 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;
(Claim 3) 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.
(Claim 4) 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.
(Claim 5) wherein the third portion is a coupler on the second base plate of the second structure-connecting portion.
(Claim 6) wherein the third portion is a coupler on the second top cover of the second structure-connecting portion.
(Claim 7) further including a span offsetting the third portion from the second structure-connecting portion.
(Claim 8) 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.
(Claim 9) wherein the third portion is integrally formed with the second structure-connecting portion.
(Claim 10) wherein the third portion is on the second base plate of the second structure-connecting portion.
(Claim 11) wherein the third portion is on the second top cover of the second structure-connecting portion.
(Claim 12) wherein the third portion is on the second top cover of the second structure-connecting portion.
(Claim 13) further including a span extending from the second structure-connecting portion to a distal end of the span.
(Claim 14) wherein the third portion includes a coupler at the distal end of the span.
(Claim 15) wherein the coupler and the span are formed integrally with the second structure-connecting portion.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention with reasonable expectation of success to have modified US Patent No. 10283950 to have included 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 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; 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; 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; wherein the third portion is a coupler on the second base plate of the second structure-connecting portion; wherein the third portion is a coupler on the second top cover of the second structure-connecting portion; further including a span offsetting the third portion from the second structure-connecting portion; 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; wherein the third portion is integrally formed with the second structure-connecting portion; wherein the third portion is on the second base plate of the second structure-connecting portion; wherein the third portion is on the second top cover of the second structure-connecting portion; wherein the third portion is on the second top cover of the second structure-connecting portion; further including a span extending from the second structure-connecting portion to a distal end of the span; wherein the third portion includes a coupler at the distal end of the span; wherein the coupler and the span are formed integrally with the second structure-connecting portion as taught by U.S. Patent No.12113344 for the purpose of providing additional holders to allow various types of cables to be connected to each other.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The prior art discloses conventional cable holders.
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