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, 14, 14 and 19 are amended.
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) 1-4, 6-7, 9-10, 12-14, 16-17 and 19-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 2017/0223860 to Jones et al. in view of US 2019/0383099 to Yeh.
Regarding claim 1, Jones ‘860 discloses a cable carrier comprising: a frame 104; a first leg extending from a first end of the frame 104 (as annotated); a second leg extending from a second end of the frame 104 opposite the first end (as annotated); a first bracket 102-1 mounted on a first flange of the first leg (end portion of leg that accepts bolt 106-1), wherein the first bracket 102 includes a first hole and the first flange includes a second hole (accepts bolt 106-1 – as annotated); and a second bracket 102-2 mounted on a second flange of the second leg (as annotated), wherein a first surface of the frame 104 is configured to guide at least one cable (para 0010), wherein the second bracket 102-2 includes a third hole and the second flange includes a fourth hole (accepts bolt 106-2 , as annotated), and wherein the frame 104 is configured to pivot about a common axis of the first bracket 102-1 and the second bracket 102-2.
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Jones ‘860 does not teach that brackets 102-1/102-2 each include a plurality of holes where one hole is selectively aligned with one hole of a plurality of holes of the flanges of each leg.
However, Yeh ‘099 teaches at least one bracket 2 includes a plurality of holes 231-236 and the flange 11 includes a plurality of holes 111-112 such that one of the first plurality of holes is selectively aligned with one of the second plurality of holes.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed inventio to modify Jones ‘860 with the selectively alignable hole arrangement taught by Yeh ‘099 in order to permit the frame to be secured at a plurality of angular positions relative to the bracket while providing a simple, reliable and repeatable locating mechanism, such that one of the first plurality of holes is selectively aligned with one of the second plurality of holes and one of the third plurality of holes is selectively aligned with one of the fourth plurality of holes.
Regarding claim 2, Jones ‘860, as modified, discloses, wherein the first leg extends in a first direction from the first end (as annotated above).
Regarding claim 3, Jones ‘860, as modified, discloses, wherein the second leg extends in the first direction from the second end (as annotated above).
Regarding claim 4, Jones ‘860, as modified, discloses,, wherein the first leg, the second leg, and the frame 104 define a u-shaped configuration (as annotated above).
Regarding claim 6, Jones ‘860, as modified, discloses, wherein a first surface of the first leg includes at least one channel (note the corner formed by the leg and frame) configured to guide at least one of the at least one cable or at least one other cable.
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Regarding claim 7, Jones ‘860, as modified, discloses, wherein the first surface of the first leg is adjacent to the first surface of the frame (as annotated above).
Regarding claim 9, Jones ‘860, as modified, discloses, wherein a first surface of the second leg includes at least one channel (note the corner formed by the leg and frame) configured to guide at least one of the at least one cable or at least one other cable.
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Regarding claim 10, Jones ‘860, as modified, discloses, wherein the first surface of the second leg is adjacent to the first surface of the frame 104 and faces the first surface of the first leg (as annotated above).
Regarding claim 12, Jones ‘860, as modified, discloses, further comprising a first locking pin and second locking pin 106-1/106-2 configured to secure the flange to the first and second bracket 102-1/102-2. Noting that Jones ‘860 does not expressly disclose the plurality of holes through which the locking passes. However, Yeh ‘099 discloses a lock pin assembly 43 including lock pins 433/434 configured to pass through aligned holes 111/112 and 231-236 to secure the members at a selected angular position.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Jones ‘860 with the lockable alignable plurality of holes taught by Yeh ‘099 in order to permit the frame to be secured at a plurality of angular positions relative to the bracket while providing a simple, reliable and repeatable locating mechanism
Regarding claim 14, Jones ‘860 discloses an apparatus comprising: a frame 104; at least one leg extending from an end of the frame 104 (annotated below); and at least one bracket 102 mounted on a flange of the at least one leg 104 (end portion of leg that holds the bolt – as annotated below), wherein a first surface of the frame 104 is configured to guide at least one cable (para 0010), wherein the at least one bracket 102 includes a hole and the flange includes a second hole, and wherein the frame 104 is configured to pivot about a common axis of the at least one bracket 102
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Jones ‘860 does not teach that bracket 102 includes a first plurality of holes where one hole is selectively aligned with one hole of a second plurality of holes of the flange.
However, Yeh ‘099 teaches at least one bracket 2 includes a first plurality of holes 231-236 and the flange 11 includes a second plurality of holes 111-112 such that one of the first plurality of holes is selectively aligned with one of the second plurality of holes.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed inventio to modify Jones ‘860 with the selectively alignable hole arrangement taught by Yeh ‘099 in order to permit the frame to be secured at a plurality of angular positions relative to the bracket while providing a simple, reliable and repeatable locating mechanism.
Regarding claim 16, Jones ‘860, as modified, discloses, wherein a first surface of the at least one leg includes at least one channel (corner between the frame and leg) configured to guide at least one of the at least one cable or at least one other cable.
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Regarding claim 17, Jones ‘860, as modified, discloses, wherein the first surface of the at least one leg is adjacent to the first surface of the frame 104 (as annotated).
Regarding claim 19, Jones ‘860, as modified, discloses, further comprising a first locking pin 106 configured to secure the flange to the at least one bracket 102. Noting that Jones ‘860 does not expressly disclose the plurality of holes through which the locking passes. However, Yeh ‘099 discloses a lock pin assembly 43 including lock pins 433/434 configured to pass through aligned holes 111/112 and 231-236 to secure the members at a selected angular position.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed inventio to modify Jones ‘860 with the lockable alignable plurality of holes taught by Yeh ‘099 in order to permit the frame to be secured at a plurality of angular positions relative to the bracket while providing a simple, reliable and repeatable locating mechanism.
Regarding claims 13 and 20, Jones ‘860, as modified, discloses, wherein the frame 104 is configured to lock at an angle relative to the at least one bracket 102 (see rationale of claims 12 and 19)
Claim(s) 5 and 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 2017/0223860 to Jones et al. in view of US 2019/0383099 to Yeh as applied to claims 14, 16-17 and 19-20 above, and further in view of US 8,44,984 to Laursen.
Regarding claims 5 and 15, Jones ‘860, as modified discloses a frame 104 having a surface configured to support at least one cable.
However, Jones ‘860 is silent as to the first surface of the frame 104 includes a plurality of clips disposed thereon, the plurality of clips being configured to retain at least the at least one cable.
Laursen ‘984 discloses a first surface of the frame 118 includes a plurality of clips 124 disposed thereon, the plurality of clips 124 being configured to retain at least the at least one cable.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Jones ‘860 with the clip equivalents taught in Laursen ‘984 in order to further retain the cables to the frame.
Claim(s) 8, 11 and 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 2017/0223860 to Jones et al. in view of US 2019/0383099 to Yeh as applied to claims 14, 16-17 and 19-20 above, and further in view of US 10,952,345 to Gupta et al.
Regarding claims 8, 11 and 18, Jones ‘860, as modified discloses a frame 104 having legs configured to support at least one cable.
However, Jones ‘860 does not disclose wherein the first surface of the legs include a plurality of clips disposed thereon, the plurality of clips being configured to retain at least one of the at least one cable and the at least one other cable.
Gupta ‘345 discloses legs 26 including a plurality of clips 28 disposed thereon, the plurality of clips 28 being configured to retain at least one of the at least one cable and the at least one other cable (col. 6, line 25-35).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed inventio to modify Jones ‘860 with the clip equivalents taught in Gupta ‘345 in order to further retain the cables to the frame.
Response to Arguments
Applicant’s arguments with respect to the claims have been considered but are moot because the new ground of rejection does not rely on any reference combination applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 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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/MONICA E MILLNER/Primary Examiner, Art Unit 3632