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 information disclosure statement filed 3/25/2025 fails to comply with 37 CFR 1.98(a)(2), which requires a legible copy of each cited foreign patent document; each non-patent literature publication or that portion which caused it to be listed; and all other information or that portion which caused it to be listed. It has been placed in the application file, but the information referred to therein has not been considered.
Election/Restrictions
Applicant’s election without traverse of Species III in the reply filed on 8/13/2025 is acknowledged.
Claim Objections
Claim 14 is objected to because of the following informalities: the phrase “wherein clip section” should read “wherein the clip section”. Appropriate correction is required.
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they include the following reference character(s) not mentioned in the description: Reference characters 360, 362 and 350 are not mentioned in the specification. Corrected drawing sheets in compliance with 37 CFR 1.121(d), or amendment to the specification to add the reference character(s) in the description in compliance with 37 CFR 1.121(b) 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. 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 § 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 11-12 and 14-15 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Snyder US 6464182 (hereinafter Snyder).
Re. Cl. 11, Snyder discloses: A mounting clip (106, Fig. 10) for coupling an elongate object (see 104, Fig. 10) to a mounting bracket (108, Fig. 10), the mounting clip comprising: a clip section (162, Fig. 10) that defines a bracket channel (see Fig. 12, where 108 is inserted) with an entrance (see Fig. 12, between 166s), the clip section being deflectable by movement of the clip section into engagement with the mounting bracket in an installation direction to open the entrance to receive the mounting bracket into the bracket channel (see Fig. 12-14); and a bridge section (160, Fig. 10-12) extending from the clip section to define an object passage (see Fig. 10, where 102/104 are located) to receive an elongate object along an axial direction (see Fig. 10-11), the bridge section including fingers (170, Fig. 11) that extend axially along and into the object passage to be aligned to resiliently engage the elongate object within the object passage, to urge the elongate object toward the bracket channel (see Fig. 11).
Re. Cl. 12, Snyder discloses: the entrance is a tapered entrance (see Fig. 12, tapered between 166s) defined by clasps of the clip section (166s, Fig. 12), the clasps being deflectable to widen the entrance upon movement of the clip section into engagement with the mounting bracket in the installation direction, to receive the mounting bracket into the bracket channel (see Fig. 13).
Re. Cl. 14, Snyder discloses: clip section is a first clip section and the bracket channel is a first bracket channel (see Fig. 10-12); wherein the mounting clip further comprises a second clip section (other 162, Fig. 10) that is deflectable to open an entrance of a second bracket channel of the second clip section (see Fig. 13), to receive the mounting bracket into the second bracket channel simultaneously with the first bracket channel (see Fig. 10-13, the second bracket channel is capable of being installed on 108 at the same time as the first bracket channel), by movement of the second clip section into engagement with the mounting bracket in the installation direction (see Fig. 10, moving 106 backwards towards 108); and wherein the bridge section includes an arcuate portion extending from and between the first clip section and the second clip section (see Fig. 10).
Re. Cl. 15, Snyder discloses: the arcuate portion includes one or more arcuate bridges (see 160, Fig. 10) that extend between the first and second clip sections to support the fingers (see Fig. 10).
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 1-3, 7, 16 and 21 are rejected under 35 U.S.C. 103 as being unpatentable over Snyder in view of Schaeurmann US 6216320 (hereinafter Schaeurmann).
Re. Cl. 1, Snyder discloses: A mounting clip (106, Fig. 10) for coupling an elongate object (102, 104, Fig. 10) to a between-stud mounting bracket (108, Fig. 10), the mounting clip comprising: a first clip section (162, Fig. 10) that includes: a first base (wall between 164s, Fig. 11); and a first set of clasps (164s with respective 166s, Fig. 11), including a first clasp and a second clasp (see 164s with respective 166s, Fig. 11), extending from the first base in an installation direction to secure the first clip section to the mounting bracket (extending towards 108, Fig. 10); and a second clip section (opposing 162, Fig. 10) that includes: a second base (wall between 164s, Fig. 11); and a second set of clasps (164s with respective 166s, Fig. 11), including a third clasp and a fourth clasp (164s with respective 166s, Fig. 11) extending from the second base in the installation direction to secure the second clip section to the mounting bracket (extending towards 108, Fig. 10); and a bridge section (160, Fig. 10) extending between the first and second clip sections (see Fig. 10), the bridge section including: an arcuate bridge (160, Fig. 10) that defines an object passage to receive the elongate object between the mounting bracket and the arcuate bridge (see Fig. 10, where 102, 104 is located); a first finger (170, Fig. 10-12) extending from a first side of the arcuate bridge into the object passage to biasingly urge the elongate object toward the mounting bracket in the installation direction (see Fig. 10); and a second finger (other 170, Fig. 10-12) extending into the object passage from a second side of the arcuate bridge, opposite the first side, to biasingly urge the elongate object toward the mounting bracket in the installation direction (see Fig. 11).
Re. Cl. 7, Snyder discloses: the mounting bracket including a top side and a bottom side and a vertical side extending between the top and bottom sides (see Fig. 11), wherein the first clasp and the second clasp are spaced apart from each other to define a first bracket channel to receive the mounting bracket with the first clasp engaging the top side of the mounting bracket and the second clasp engaging the bottom side of the mounting bracket to align the object passage along the vertical side of the mounting bracket (see Fig. 10-11); and wherein the third and fourth clasps are spaced apart from each other to define a second bracket channel to receive the mounting bracket with the third clasp engaging the top side of the mounting bracket and the fourth clasp engaging the bottom side of the mounting bracket to further align the object passage along the vertical side of the mounting bracket (see Fig. 10-11).
Re. Cl. 16, Snyder discloses: the fingers include a first finger extending axially from a first axial side of the bridge section and a second finger extending axially from a second axial side of the bridge section, opposite the first axial side (see Fig. 11).
Re. Cl. 21, Snyder discloses: A mounting clip (106, Fig. 10) to engage a mounting bracket (108, Fig. 10) that extends in a lateral direction (see Fig. 12-14), the mounting clip comprising: a first clip section (162, Fig. 10) that defines a first channel to engage a top side and a bottom side of the mounting bracket (see Fig. 12-14, where 108 fits within); a second clip section (opposing 162, Fig. 10) that defines a second channel to engage a top side and a bottom side of the mounting bracket at a location spaced laterally from the first clip (see Fig. 10-13); a bridge (160, Fig. 10) that extends laterally between the first clip and the second clip and defines an object passage (see Fig. 10, where 102, 104 are located) to secure an elongate object between the mounting bracket and the bridge (see Fig. 10); and a plurality of fingers (170, Fig. 10-14) that extends from the bridge into the object passage to engage the elongate object, with the elongate object extending through the object passage perpendicular to lateral direction of the mounting bracket (see Fig. 10-11).
Re. Cls. 1-3, 16, and 21 Snyder does not disclose the first finger is a part of a first set of fingers, the second finger is a part of a second set of fingers (Cls. 1 and 16), one or more of the first set or second set of fingers includes a plurality of arcuate fingers (Cl. 2), the arcuate fingers of the plurality extend in parallel with each other (Cl. 3), or the plurality of fingers defining an arced profile (Cl. 21). Schaeurmann discloses alternate mounting clips (13, 20) for securing an elongated object to a mounting bracket (see Fig. 1). Re. Cls. 1 and 6, Schaeurmann discloses the use of a singular finger (17, 18, Fig. 2) or a set of fingers (see 21s, Fig. 3). Re. Cl. 2, Schaeurmann discloses that the fingers are arcuate fingers (see Fig. 3 and Col. 4, Lines 1-4; by being curved, they are arcuate in the Examiner’s position). Re. Cl. 3, Schaeurmann discloses the arcuate fingers of the plurality extend in parallel with each other (see Fig. 3). Re. Cl. 21, Schaeurmann discloses the plurality of fingers defining an arced profile (see Fig. 3 and Col. 4, Lines 1-4).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the finger of Snyder to be plural or in sets as disclosed by Schaeurmann with reasonable expectation of success since Schaeurmann states that such a modification enables them to act independently of each other to support two different cables or support a single cable that is not precisely centered (Col. 4, Lines 38-45). Furthermore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to change the shape of the fingers of Snyder to be curved or arcuate as disclosed by Schaeurmann with reasonable expectation of success since Scheuermann states that the fingers can be angled (which is what is shown by Snyder) or curved (Col. 4, Lines 1-5).
Claims 4-6 and 17 are rejected under 35 U.S.C. 103 as being unpatentable over Snyder in view of Schaeurmann as applied to claims 1-3, 7, 16 and 21 above, and further in view of Patten US 3023470 (hereinafter Patten).
Re. Cl. 5-6, Snyder in view of Schaeurmann discloses the arcuate bridge defines an axis along the object passage (see Fig. 10-11), the first set of fingers and the second set of fingers extend toward the axis (see Fig. 11 in Snyder and Fig. 3 in Schaeurmann having the fingers extending towards a central axis where a tube/cable is supported) and the axis is substantially perpendicular to the installation direction (see Fig. 10-11, the axis created by 160 where 102, 104 resides is perpendicular to a direction where 160s are pressed onto 108). Re. Cls. 4-5 and 17, the combination of Snyder in view of Schaeurmann does not disclose the first clip section further includes a third finger that extends into the object passage to biasingly engage the elongate object; and wherein the second clip section further includes a fourth finger that extends into the object passage to biasingly engage the elongate object opposite the third finger (Cl. 4), the third finger and fourth finger extend towards the axis (Cl. 5) or a third finger extending laterally into the object passage to engage the elongate object at an angular and axial offset from the first fingers and the second fingers; and a fourth finger extending laterally into the object passage opposite the third finger to engage the elongate object at an angular and axial offset from the first fingers and the second fingers (Cl. 17). Patten discloses a mounting clip (see Fig. 1) which includes a first clip section (left half of 12, Fig. 1) and a second clip section (right half of 12, Fig. 1) separated by a bridge section (14, Fig. 1) to support a cable therein (see 98, Fig. 3). Re. Cls. 4-5 and 17, Patten discloses disclose the first clip section further includes a third finger (left 34, Fig. 1) that extends into the object passage to biasingly engage the elongate object (see Fig. 3); and wherein the second clip section further includes a fourth finger (right 34, Fig. 1) that extends into the object passage to biasingly engage the elongate object opposite the third finger (see Fig. 3); the third finger and fourth finger extend towards the axis (see Fig. 3, 34s extend inward towards an axis extending through the center of 98); a third finger (left 34, Fig. 1) extending laterally into the object passage to engage the elongate object (see Fig. 3) at an angular and axial offset from the first fingers and the second fingers (see Fig. 1, by extending laterally into the passage as shown, they would be an angular and axial offset from fingers extending from 14s as shown in Snyder or Schaeurmann); and a fourth finger (right 34, Fig. 1) extending laterally into the object passage opposite the third finger to engage the elongate object at an angular and axial offset from the first fingers and the second fingers (see Fig. 1, by extending laterally into the passage as shown, they would be an angular and axial offset from fingers extending from 14s as shown in Snyder or Schaeurmann).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the combined Snyder in view of Schaeuermann device to include the fingers of Patten with reasonable expectation of success since Patten states that such a modification enables the device to engage with engage with the cylindrical part or cable secured (Col. 1, Lines 40-45). Further, Patten states that the fingers (34) engage between spirals or convolutions of a Bowden wire cable sheath or as just effective when they engage other cable sheaths (Col. 3, Lines 12-18).
Claims 8 and 22 are rejected under 35 U.S.C. 103 as being unpatentable over Snyder in view of Schaeurmann as applied to claims 1-3, 7, 16 and 21 above, and further in view of Busch US 4094483 (hereinafter Busch).
Re. Cl. 22, Snyder discloses a first set of clasps extending from a first base of the first clip section to secure the first clip to the mounting bracket (see Fig. 12, 164s); a second set of clasps extending from a second base of the second clip to secure the second clip to the mounting bracket (see Fig. 12, 164s). Re. Cls. 8 and 22, Snyder does not disclose the first clip section further includes first release tabs extending from the first base opposite the installation direction; wherein the second clip section further includes second release tabs extending from the second base opposite the installation direction; and wherein the first release tabs are aligned to be urged toward each other to move the first and second clasps apart to release the engagement of the first set of clasps with the mounting bracket, and the second release tabs are aligned to be urged toward each other to move the third and fourth clasps apart to release the engagement of the second set of clasps with the mounting bracket (Cl 8) or a first set of release tabs extending from the first base in an opposite direction than the first set of clasps to be movable to release the first set of clasps from the mounting bracket and a second set of release tabs extending from the second base in an opposite direction than the second set of clasps to release the second set of clasps from the mounting bracket (Cl. 22). Re. Cls. 8 and 22, Busch discloses a clip (Fig. 1) which includes a clip section (11, Fig. 1) which includes release tabs (16, Fig. 1) extending from the base portion (17, Fig. 1) opposite to the installation direction (see Fig. 1, downward from 17) or a direction of the clasps (see Fig. 1, opposite where 14s are) wherein the release tabs are aligned to be urged toward each other to move the first and second clasps (14s, Fig. 1) apart to release the engagement of the set of clasps with the mounting bracket (see Fig. 1-3, Col. 2, Lines 29-34).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the Snyder in view of Schaeurmann device to include the release tabs on the clip sections as disclosed by Busch with reasonable expectation of success since Busch states that such a modification enables for removal of the clip device (Col. 3, Lines 1-5).
Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over Snyder in view of Schaeurmann as applied to claims 1-3, 7, 16 and 21 above, and further in view of Hargett US 2023/0400124 (hereinafter Hargett).
Re. Cl. 10, Snyder in view of Schaeurmann does not disclose a locator protrusion extends from the first base into the first bracket channel to be receivable within a corresponding hole in the mounting bracket to prevent translation of the mounting clip along the mounting bracket transverse to the installation direction. Hargett discloses a mounting clip (10, Fig. 2a-b) which includes a locator protrusion (104, Fig. 2a) extends from the first base (93a, Fig. 2b) into the first bracket channel (106, Fig. 2a) to be receivable within a corresponding hole (62, Fig. 5) in the mounting bracket to prevent translation of the mounting clip along the mounting bracket transverse to the installation direction (see Paragraph 0110).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the base of Snyder to include the locator protrusion of Hargett with reasonable expectation of success since Hargett states that such a modification further secures the device to the spanner bar/mounting bracket (Paragraph 0110, Lines 8-13).
Claim 13 is rejected under 35 U.S.C. 103 as being unpatentable over Snyder in view of Busch.
Re. Cl. 13, Snyder does not disclose the clip section further includes release tabs movable toward each other to widen the entrance Re. Cl. 13, Busch discloses a clip (Fig. 1) which includes a clip section (11, Fig. 1) which includes release tabs (16, Fig. 1) extending from the base portion (17, Fig. 1) opposite to the installation direction (see Fig. 1, downward from 17) or a direction of the clasps (see Fig. 1, opposite where 14s are) wherein the release tabs are movable toward each other to widen the entrance (between 14s, Fig. 1-3; Col. 2, Lines 29-34).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the Snyder in view of Schaeurmann device to include the release tabs on the clip sections as disclosed by Busch with reasonable expectation of success since Busch states that such a modification enables for removal of the clip device (Col. 3, Lines 1-5).
Allowable Subject Matter
Claims 9 and 23 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.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Jansson US 2855648, Lawrence US 2016/0076671, Condon US 5230488 and Greene US 5640743 disclose other known mounting clips presented to the Applicant for their consideration.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHRISTOPHER E GARFT whose telephone number is (571)270-1171. The examiner can normally be reached Monday-Friday 8:00 a.m. to 5:00 p.m..
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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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/CHRISTOPHER GARFT/Primary Examiner, Art Unit 3632