Election/Restrictions
Applicant’s election without traverse of the tube retainer shown in Fig. 3 (Species 2) in the reply filed on August 14, 2026 is acknowledged.
Claims 4, 11 & 13-16 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected species, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on August 14, 2026.
In the reply, applicant identifies claim 4 as reading on the elected species. However, claim 4 recites a feature, the rib [portion and buttress portion being coupled together at a distal end thereof, that is not a feature of the elected species. See paragraph 0065 of the specification.
In the reply, applicant identifies claim 11 as reading on the elected species. However, claim 11 recites a feature, an opening to receive a stud, that is an exclusive feature of an unelected species. See paragraph 0051 of the specification.
In the reply, applicant identifies claim 13 as reading on the elected species. However, claim 13 recites a feature, a fastener portion, that is not a feature of the elected species. See paragraphs 0067 & 0072 of the specification.
Specification
The abstract of the disclosure is objected to because it begins with a phrase that is implied. A corrected abstract of the disclosure is required and must be presented on a separate sheet, apart from any other text. See MPEP § 608.01(b).
Claim Rejections - 35 USC § 102
Claims 1-3, 8-10, 12, 17 & 20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Lombard, US 2,166,916. Figs. 2-7 show a tube retainer for securing a tube (O), the tube retainer comprising:
a tube pocket (18, 19) positioned between a first wall (10) and a second wall (11), wherein the tube pocket is configured to receive the tube; and
a reinforcement brace (12, 13) formed on a surface of said first wall that is opposite the tube pocket, wherein reinforcement brace comprises a rib portion (12a, 13a) that is perpendicular to the first wall and a buttress portion (12b-c, 13b-c) that is traverse to the rib portion,
wherein a proximal end of each of the rib portion and the buttress portion is coupled to the first wall,
wherein the buttress portion is positioned between the first wall and the rib portion at an angle relative to the first wall,
wherein a second reinforcement brace formed on a surface of said second wall that is opposite the tube pocket.
wherein one or more wings (24, 25) resiliently connected to the first wall or second wall and configured to prevent the tube from exiting the tube pocket.
Claims 1-3, 8-10, 12, 17 & 20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by de Beers, US 5,704,573. Figs. 1-2 show a tube retainer for securing a tube (7), the tube retainer comprising:
a tube pocket (8) positioned between a first wall (25) and a second wall (25), wherein the tube pocket is configured to receive the tube; and
a reinforcement brace (4, 5) formed on a surface of said first wall that is opposite the tube pocket, wherein reinforcement brace comprises a rib portion (4) that is perpendicular (see Fig. 2) to the first wall and a buttress portion (5) that is traverse to the rib portion,
wherein a proximal end of each of the rib portion and the buttress portion is coupled to the first wall,
wherein the buttress portion is positioned between the first wall and the rib portion at an angle relative to the first wall,
wherein a second reinforcement brace formed on a surface of said second wall that is opposite the tube pocket.
wherein one or more wings (10) resiliently connected to the first wall or second wall and configured to prevent the tube from exiting the tube pocket.
Allowable Subject Matter
Claims 5-7 & 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.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Mathews, Ohnuki and Birli disclose tube retainers.
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/Greg Binda/Primary Examiner, Art Unit 3679
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