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 1-9 and 12-21 are amended. Claims 10-11 are cancelled.
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.
Claim(s) 13-18 and 21-22 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 5,115,542 to Gehres.
Regarding claim 13, Gehres ‘542 discloses a support for a plurality of cables, comprising: a cable separator beam 30; first and second half-cylindrically-shaped sleeves 28 on respective opposite ends of the cable separator beam 30; and a half-cylindrically-shaped end-cap 28 (bottom portion) that is configured to align with one of the first and second half-cylindrically-shaped sleeves 28, wherein the one of the first and second half-cylindrically-shaped sleeves 28 and the half- cylindrically-shaped end-cap 28 form a space 60 for one or more of the plurality of cables, the space extending perpendicular to the cable separator beam 30, and wherein the half-cylindrically-shaped end-cap 28 is configured to mount to the one or more of the plurality of cables such that a gap exists between the half-cylindrically-shaped end-cap 28 and the one of the first and second half-cylindrically-shaped sleeves 28 when the one or more of the plurality of cables are secured in the space 60.
Regarding claim 14, Gehres ‘542 discloses, further comprising: a fastening portion 24 on the half-cylindrically-shaped end-cap 28 and a fastening structure 22 on one of the first and second half-cylindrically-shaped sleeves 28 of the cable separator beam 30, configured to fasten the half-cylindrically-shaped end-cap 28 to the one of the first and second half-cylindrically- shaped sleeves 28 of the cable separator beam 30.
Regarding claim 15, Gehres ‘542 discloses, further comprising: a hook portion 66 on the half-cylindrically-shaped end-cap 28 and a latch structure 24 on one of the first and second half-cylindrically-shaped sleeves of the cable separator beam, configured to fasten the half-cylindrically-shaped end-cap to the one of the first and second half-cylindrically-shaped sleeves of the cable separator beam.
Regarding claim 16, Gehres ‘542 discloses, further comprising: a first fastening structure 22 on the half-cylindrically-shaped end-cap 28, a second fastening structure 24 on the one of the first and second half-cylindrically-shaped sleeves 28 of the cable separator beam 30, and a fastener 66 joining the first and second fastening structures 22/24, configured to fasten the half- cylindrically-shaped end-cap 28 to the one of the first and second half-cylindrically-shaped sleeves 28 of the cable separator beam 3- such that the gap exists between a mating surface of the half-cylindrically- shaped end-cap 28 and a mating surface of the one of the first and second half-cylindrically-shaped sleeves 28 of the cable separator beam 30.
Regarding claim 17, Gehres ‘542 discloses further comprising: a first latch structure 22 on the half-cylindrically-shaped end-cap 28, a second latch structure 24 on the one of the first and second half-cylindrically-shaped sleeves 28 of the cable separator beam 30, and a fastener 66 joining the first and second latch structures 22/24, configured to fasten the half-cylindrically- shaped end-cap 28 to the one of the first and second half-cylindrically-shaped sleeves 28 of the cable separator beam 30.
Regarding claim 18, Gehres ‘542 discloses, further comprising: a first fastening structure 24 on the half-cylindrically-shaped end-cap 28 and a second fastening structure 22 on the one of the first and second half-cylindrically-shaped sleeves 28 of the cable separator beam 30, configured to fasten together, to fasten the half-cylindrically-shaped end-cap 28 to the one of the first and second half-cylindrically-shaped sleeves 28 of the cable separator beam 30.
Regarding claim 21, Gehres ‘542 discloses, wherein the cable separator beam and the half-cylindrically-shaped end-cap are electrically insulating (col. 1, line 36).
Regarding claim 22, Gehres ‘542 discloses a support for a plurality of cables, the support comprising: a cable separator beam 30; first and second curved sleeves 28 on respective opposite ends of the cable separator beam 30; and a curved end-cap 28 that is configured to align with one of the first and second curved sleeves, wherein the one of the first and second curved sleeves 28 and the curved end-cap form a space for one or more of the plurality of cables, and wherein the one of the first and second curved sleeves 28 is configured to be fastened to the curved end-cap 28 and tightened by a screw fastener, a pin, or a latch 22.
Allowable Subject Matter
Claims 1-9 and 12 are allowed.
Claims 19-20 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.
The following is an examiner’s statement of reasons for allowance: (claim 1) note the configuration of the sleeve sides relative to the beam and the gap that exists between the sleeves and end cap when the cables are secured in place.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
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.
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
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