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 channel (on the first surface of the frame) 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 Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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.
Claim(s) 1-7, 9-10 and 14-17 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 10,820,440 to Goergen et al.
Regarding claim 1, Goergen ‘440 discloses a cable carrier comprising: a frame 502; a first leg 504A extending from a first end of the frame 502 (figs 5b,7a-d); a second leg 504B extending from a second end of the frame 502 opposite the first end; a first bracket 408B mounted on a first flange 512A of the first leg 504A; and a second bracket 408B mounted on a second flange 512B of the second leg 504B ( col. 6, lines 45-49 – “… left attachment point 512A attaches to the left 408A of the left line card and the right attachment point 512B attaches to the right 408B of the right line card…” – 408AB functions as a mechanical support connection, i.e., a bracket in this case), wherein a first surface of the frame 502 includes at least one channel 506 configured to guide at least one cable (col. 6, line 60 – fig. 7c).
Regarding claim 2, Goergen ‘440 discloses, wherein the first leg 504A extends in a first direction from the first end (fig. 7b).
Regarding claim 3, Goergen ‘440 discloses, wherein the second leg 504B extends in the first direction from the second end.
Regarding claim 4, Goergen ‘440 discloses, wherein the first leg 504A, the second leg 504B, and the frame 502 define a u-shaped configuration (figs 7ab).
Regarding claim 5, Goergen ‘440 discloses, wherein the first surface of the frame 502 includes a plurality of clips disposed thereon, the plurality of clips being configured to retain at least the at least one cable (col. 6, lines 65-67 – “… to allow for tie downs to secure cabling in place”). Noting that the openings 508 are disclosed as supporting a tie-down and that Goergen ‘440 teaches tie-downs are equivalent to “…straps, wire, or other cords. (col. 3, line 48). The examiner submits that clips are equivalent to ties, wires, and other cords in this configuration because each is used to selectively attach and retain an element to the support openings 508. Noting that “clip” is defined as any of various devices that grip, clasp, or hook.
Regarding claim 6, Goergen ‘440 discloses, wherein a first surface of the first leg 504A includes at least one channel 506 configured to guide at least one of the at least one cable or at least one other cable (figs 7a-c).
Regarding claim 7, Goergen ‘440 discloses, wherein the first surface of the first leg 504B is adjacent to the first surface of the frame 502.
Regarding claim 9, Goergen ‘440 discloses, wherein a first surface of the second leg 504B includes at least one channel 506 configured to guide at least one of the at least one cable or at least one other cable (figs 7a-c).
Regarding claim 10, Goergen ‘440 discloses, wherein the first surface of the second leg 504B is adjacent to the first surface of the frame 502 and faces the first surface of the first leg 504A (figs. 7ab).
Regarding claim 14, Goergen ‘440 discloses an apparatus comprising: a frame 502; at least one leg 504A extending from an end of the frame 502; and at least one bracket 408A mounted on a flange 512A of the at least one leg ( col. 6, lines 45-49 – “… left attachment point 512A attaches to the left 408A of the left line card…” – 408A functions as a mechanical support connection, i.e., a bracket in this case), wherein a first surface of the frame 502 includes at least one channel 506 configured to guide at least one cable.
Regarding claim 15, Goergen ‘440 discloses, wherein the first surface of the frame 502 includes a plurality of clips disposed thereon, the plurality of clips being configured to retain at least the at least one cable. (col. 6, lines 65-67 – “… to allow for tie downs to secure cabling in place”). Noting that the openings 508 are disclosed as supporting a tie-down and that Goergen ‘440 teaches tie-downs as equivalent to “…straps, wire, or other cords. (col. 3, line 48). The examiner submits that clips are equivalent to ties, wires, and other cords in this configuration because each is used to selectively attach and retain an element to the support openings 508. Noting that “clip” is defined as any of various devices that grip, clasp, or hook.
Regarding claim 16, Goergen ‘440 discloses, wherein a first surface of the at least one leg 504A includes at least one channel 506 configured to guide at least one of the at least one cable or at least one other cable.
Regarding claim 17, Goergen ‘440 discloses, wherein the first surface of the at least one leg 504A is adjacent to the first surface of the frame 502.
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) 8, 11 and 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 10,820,440 to Goergen et al.
Regarding claims 8, 11 and 18, Goergen ‘440 discloses a plurality of clips disposed thereon and configured to retain cable(s). Noting that the openings 508 are disclosed as supporting a tie-down which Goergen ‘440 teaches is equivalent to “…straps, wire, or other cords. (col. 3, line 48 and col. col. 6, lines 65-67). The examiner adds that clips are equivalent to ties, wires, and other cords in this configuration because each is used to selectively attach and retain an element to the support openings 508. Noting that “clip” is defined as any of various devices that grip, clasp, or hook.
Further, the examiner submits that to include the clips along a first surface of a first leg (claims 8 and 18) and/or a second surface of a second leg (claim 11) would be an obvious modification and a mere duplication of openings 508 along the arms 504ab.
It would have been obvious to one having ordinary skill in the art before the time the invention was made to include clips on the first leg, in order to provide additional locations for securing cables, since it has been held that mere duplication of the essential working parts of a device involves only routine skill in the art. St, Regis Paper Co. v. Bemis Co., 193 USPQ 8.
Noting that providing openings along the entire structure 502/504ab enables clips to be positioned in alignment with the device geometry, maintaining consistent restraint, load distribution, and strain relief across the device.
Claim(s) 12-13 and 19-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 10,820,440 to Goergen et al in view of US 11,483,945 to Gundogan et al.
Regarding claims 12 and 19, Goergen ‘440 teaches frame 502 with legs 504ab attached to brackets 408ab.
Gundogan ‘945 teaches a frame 100 configured to pivot about a common axis of a first bracket 112a and a second bracket 112b.
The examiner submits that it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify frame 502 so as to be configured to pivot about a common axis of the first bracket 504a and the second bracket 504b as taught in the pivot configuration of Gundogan ‘945 so as to allow the device to be adjusted between angular positions for use, storage or installation.
Regarding claims 13 and 20, Goergen ‘440 teaches frame 502 with legs 504ab attached to brackets 408ab.
Gundogan ‘945 teaches, wherein the frame 100 is configured to lock at an angle relative to a first bracket 112a and a second bracket 112b (col. 3, lines 8-21 – “… bar 100 is locked in that neutral position, and can be pivoted after depressing both latch 102a and latch 102b.”)
The examiner submits that it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify frame 502 as taught in Goergen ‘440 so as to be configured to lock at an angle relative to the first bracket and the second bracket, like the configuration taught in Gundogan ‘945 in order to secure the device at the desired orientation in order to install, manage, organize, adjust the device relative to the support structure while supporting cables thereto.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure and could be used in subsequent office action rejections, as applicable. The list of supports is as follows: US-8093499-B2 OR US-7510421-B2 OR US-10952345-B2 OR US-8816199-B1 OR US-8464984-B2 OR US-11483945-B2 OR US-10167981-B2 OR US-5921402-A OR US-10820440-B2 OR US-8167146-B2 OR US-7258583-B1 OR US-7022916-B1 OR US-6629675-B1 OR US-20090038845-A1 OR US-6818834-B1 OR US-20040035983-A1 OR US-20170223860-A1 OR US-20100224737-A1 OR WO-2008130717-A2.
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.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
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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/MONICA E MILLNER/Primary Examiner, Art Unit 3632