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 .
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) 1, 5-6, 8, 10-17 are rejected under 35 U.S.C. 102(a)(1) as being anticipated D’Ercole US 2013/0320279.
Re claim 1, D’Ercole discloses a cable post guide [figs. 1-4] configured to assist feeding a cable 50 through at least one cable hole 24 disposed through a post 42, the cable post guide comprising:
a base [rim of supports 12, 14];
a feed guide pin [12, 14];
wherein the feed guide pin extends from the base;
a first guide wall 2 that extends from the base;
a second guide wall 4 that extends from the base;
wherein the second guide wall 4 is spaced apart from the first guide wall 2;
wherein the feed guide pin extends from the base between the first guide wall 2 and the second guide wall 4;
wherein the feed guide pin is configured to extend through the at least one cable hole 30 disposed through the post 40;
wherein the feed guide pin includes a cable receiver 16 located at an end of the feed guide pin distal from the base; and
wherein the cable receiver 16 is configured [capable] to receive an end portion of the cable 40.
Re claim 5, wherein the cable receiver 16 has a bore 16 [construed as the hollowed part of a tube] configured to receive the end portion of the cable.
Re claim 6, wherein the feed guide pin [12, 14] is configured to be pushed into the at least one cable hole 30 in the post 40 so that the end portion of the cable 50 is extendable into the cable receiver 16 so that when the feed guide pin is removed from the at least one cable hole in the post, the cable is movable with the feed guide pin and extendable through the at least one cable hole [intended use of the tool].
Re claim 8, wherein the feed guide pin is configured to be extendable through a first end of the post but not through a second end of the post (fig. 3).
Re claim 10, D’Ercole discloses a cable post guide configured to assist feeding a cable 50 through at least one cable hole 30 disposed through a post 40, the cable post guide comprising:
a base [rim of supports 12, 14]; and
a feed guide pin [12, 14];
wherein the feed guide pin extends from the base; and
wherein the feed guide pin is configured to extend through the at least one cable hole 30 disposed through the post.
Re claim 11, a first guide wall 2 that extends from the base.
Re claim 12, a second guide wall 4 that extends from the base, wherein the second guide wall is spaced apart from the first guide wall.
Re claim 13, wherein the feed guide pin [12, 14] extends from the base between the first guide wall 2 and the second guide wall 4.
Re claim 14, wherein the feed guide pin [12, 14] includes a cable receiver 16 located at an end of the feed guide pin distal from the base [figs.].
Re claim 15, wherein the cable receiver 16 is configured to receive an end portion of the cable 50.
Re claim 16, wherein the feed guide pin [12, 14] is configured to be pushed into the at least one cable hole 30 in the post 40 so that an end portion of the cable is extendable into a cable receiver 16 so that when the feed guide pin is removed from the at least one cable hole in the post, the cable is movable with the feed guide pin and extendable through the at least one cable hole [intended use].
Re claim 17, D’Ercole discloses a method of feeding a cable 50 through a post 40 having a first cable opening 30 located on first end of the post and a second cable opening located on a second end of the post [inherent in a through-hole as seen in fig. 4], the method comprising the steps of:
providing a cable post guide 1 that includes a base [rim of supports 12, 14] and a feed guide pin [12, 14] extending from the base, wherein the feed guide pin includes a cable receiver 16;
extending the feed guide pin through the first cable opening of the first end of the post [fig.3];
engaging an end portion of the cable with the cable receiver adjacent the second end of the post [fig. 4, end portion of the cable has been construed as a radial end of the cable];
pulling the base of the cable post guide away from the first end of the post so that the cable is moving into the post while the feed guide pin is being removed from the post;
continuing moving the base from the post so that the cable post guide exits the first cable opening of the first end of the post with the end portion of the cable also exiting the first cable opening of the first end of the post with the cable extending completely through the post; and removing the cable receiver from the end portion of the cable [“wire pulling assist device has a tong shaped member having two arms biasedly connected at one of the two ends of each arm”].
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) 4, 20 are rejected under 35 U.S.C. 103 as being unpatentable over D’Ercole US 2013/0320279.
Re claims 4, 20, D’Ercole does not discloses. wherein the feed guide pin has a length that is configured to extend from a first end of the post and through to a second end of the post nor moving the feed guide pin through the first cable opening of the first end of the post so the cable receiver becomes located adjacent the second cable opening of the second end of the post when the base abuts the first end of the post, and the feed guide pin does not extend through the second cable opening of the second end of the post.
However, it would be a mere routine design choice to select a size such that the cable receiver fits within a post thickness. It has been held that "[W]here the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation." MPEP 2144.05 II A
Allowable Subject Matter
Claims 2-3, 7, 9, 18-19 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 a statement of reasons for the indication of allowable subject matter:
The prior art of record does not show or fairly render obvious the combination set forth in the claims. In particular, the prior art does not show wherein the base has a width configured to be wider than a width of the post, wherein a space is located between the first guide wall and the second guide wall configured to receive the post; wherein a space is located between the first guide wall and the second guide wall configured to be sized so that when the first guide wall is positioned adjacent a first side surface of the post and the second guide wall is positioned adjacent a second side surface of the post, the cable post guide is aligned with the at least one cable hole of the post, wherein a cross-sectional shape of the first guide wall, the base, and the second guide wall are configured to at least approximate at least a portion of a cross-sectional shape of the post and be positionable adjacent the portion of the cross-sectional shape of the post, and extending the feed guide pin through the first cable opening of the first end of the post until the base of the cable post guide abuts the first end of the post, and pushing the end portion of the cable against the cable receiver while pulling the base of the cable post guide away from the first end of the post so that the cable is moving into the post while the feed guide pin is being removed from the post.
Contact Information
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Carlos A. Rivera whose telephone number is (571)270-5697. The examiner can normally be reached 9AM -4PM.
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, Brian Keller can be reached at (571) 272-8548. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
C. A. R.
Primary Patent Examiner
Art Unit 3723
/C. A. RIVERA/Primary Patent Examiner, Art Unit 3723
Prosecution Insights