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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 2 December 2025 has been entered.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
The claims recite “an arcuate surface extending from the first side of the body towards the central opening to form a lead-in radius circumferentially surrounding the opening, the lead-in radius defining an arc length that is greater than a width of the groove in the exterior sheath of the cable.”
As per MPEP § 2111.01, the words of a claim must be given their "plain meaning" unless such meaning is inconsistent with the specification, and at section IV. A., “An applicant is entitled to be their own lexicographer and may rebut the presumption that claim terms are to be given their ordinary and customary meaning by clearly setting forth a definition of the term that is different from its ordinary and customary meaning(s) in the specification at the relevant time.”
At issue is the term “lead-in radius.” The plain meaning of the word “radius” is “a straight line from the center to the circumference of a circle or sphere.” Thus, a radius cannot, by itself, define an arc length. Rather, an arc length is defined by a radius plus a sweep angle, or a radius plus a beginning point and an ending point.
Here, the term “lead-in radius” is interpreted in view of the originally filed specification to refer to the arcuate surface 125 as shown for example in Fig 1A. The specification makes this connection at paragraph [0036] which recites “In some examples, to mitigate the risk of the exterior sheath 165 snagging, the cable guide 100 may include an extended arcuate surface 125 (e.g., a lead-in radius) circumferentially surrounding the opening 120.”
Examiner recognizes the term “radius” is also sometimes used to refer to a rounded surface extending between two other surfaces as created for example in 3D modeling software. In this way the term “radius” is synonymous with “roundover” or “fillet” and is grouped with “chamfer” in the popular Fusion 360 software when modifying an edge as shown below:
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As shown in Examiner’s modified Figure 6 above, one interpretation of “radius” is illustrated on the left side. However, in view of the Specification, the “radius” is the arcuate surface which has the identified arc length.
Claim 1 also requires comparing the identified arc length with “a width of the groove in the exterior sheath of the cable.”
However, the cable is not part of the claimed device. Rather, the device is “configured to receive and guide a cable.” The particular geometry of the particular portions of the cable are undefined.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1, 4, 7-16, and 18-20 rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
As noted above, the particular geometry of the particular portions of the cable are undefined. If the claim were to issue, an artisan attempting to practice the claimed invention would not be able to reasonably determine whether they are infringing on said patent as the geometry of the cable guide device is defined by a cable which is not part of the claimed invention. Please see Examiner’s Response to Arguments below for a direct response to Applicant’s arguments on pages 6-7 of the remarks filed 2 December 2025.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 1, 4, 7-12, 16, and 18-20 are rejected under 35 U.S.C. 103 as being unpatentable over Nielsen et al. (US 9,711,958).
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As to claim 1, Nielsen teaches a cable guide, comprising: a body (guide device 10) with a first body portion and a second body portion (as shown in Examiner’s annotated Fig 8 left, anything to the left of the dotted line is the first body portion, and anything to the right of the dotted line is the second body portion); the body defining a central opening with an inlet end on a first side of the body having a first diameter larger than a second diameter of an outlet end on a second side of the body (the diameter at rear end 16 is larger than the diameter at front end 14 as illustrated for example in Fig 2), the central opening configured to receive and guide a cable having an exterior sheath defining a groove through the central opening (As noted above, the specific geometry of the groove is undefined. The broadest reasonable interpretation of a cable having grooves includes a cable having groves of any reasonable size, including grooves that are very small. Nielson’s guide device 10 attempts to prevent wires (wire harness 32) from being caught on the burring wall 28 while pulling the wires through the panel 24. Which achieves the configuration as claimed: Col 5 lines 22-24: “The guide device 10 is intended to facilitate insertion of a wiring harness 32 through the aperture 26 in the panel.” Col 5 lines 28-31 teaches: “As noted above, the cross-sectionally large connectors are particularly prone to being caught on the burring wall 28 or on the surface 30 of the panel 24.”); a hinge arranged at a first end of the body (as shown in the orientation of Fig 8, the hinge is the top of the body.1), the hinge pivotally securing the first body portion to the second body portion (the top portion of the body connects the left and right sides of the body); and one or more magnets arranged on the second side of the body (Col 5 lines 60-63 teaches: “The hollow interiors 43 open toward the front end 14 and optionally can be fit with magnets M to permit magnetic attachment of the guide device 10 to the metal panel 24.”) configured to secure the cable guide to a face of a metallic stud (Col 5 lines 60-63: “The hollow interiors 43 open toward the front end 14 and optionally can be fit with magnets M to permit magnetic attachment of the guide device 10 to the metal panel 24.”).
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Nielsen teaches: [a] surface (frustoconical portion 40) extending from the first side of the body (rear end 16) towards the central opening … circumferentially surrounding the opening (as illustrated above and in Fig 2).
Nielsen does not teach the surface is arcuate, and accordingly does not teach the surface form[s] a lead-in radius, the lead-in radius defining an arc length that is greater than a width of the groove in the exterior sheath of the cable.
However, the difference between a frustoconical surface and an arcuate surface is not a patentable jump. As surface 40 exists between rear and front ends, and as the surface is intended to be used to pull cables thereon, any reasonable shape of that surface providing a smooth transition from one diameter to another which accomplishes the goal of preventing wire snags2 would have been obvious to a person having ordinary skill in the art at the time the invention was effectively filed. There is legal precedent for the prima facie obvious change in shape. See MPEP § 2144.04 IV B – Changes in shape.
See also the screen capture of 3D modeling software Fusion 360 which suggests that creating a chamfer and a fillet are equally useful to artisans attempting to “break” the edge between two surfaces. In this case, a cylindrical hole through the guide device 10 of Nielsen would have been equally as obvious to have been formed into a fillet as a chamfer as illustrated in Examiner’s modified Figure 10, below.
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Moreover, as the particular width of the groove of the exterior cable sheath as claimed is undefined, no particular arc length of the filleted surface made obvious in view of Nielsen is required.
As to claim 4, Nielsen teaches the cable guide of claim 1, wherein the cable is metal clad (MC) or armor clad (AC) cable having an exterior sheath defining a spiral groove (These limitations add further limitations to a part of the claim which is not positively claimed. The particular kinds of cable are mere intended use of the claimed product because it further narrows the components with which the claimed product is used. The cable guide device 10 of Nielsen as made obvious to have a fillet surface rather than a chamfer surface is capable of being used with any of these claimed cables and is further capable of preventing snags of grooves in said cable sheaths.).
As to claim 7, Nielsen teaches the cable guide of claim 1, further comprising: a bushing extending from the second side of the body and circumferentially surrounding the opening (cylindrical portion 38, which is described beginning at Col 5 lines 32.), the bushing extending beyond the second side of the body (as shown in Figs 7 and 9).
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As to claim 8, Nielsen teaches the cable guide of claim 7, wherein the bushing is configured to nest within an opening in the stud, with the bushing overlapping an edge of the opening in the stud (Col 5 lines 37-43: “the cylindrical portion 38 has an outside diameter “b” substantially equal to the inside diameter of the aperture 26 in the panel 24 and a length “c” slightly greater than the thickness of the panel 24, as shown in FIG. 9. Thus, the cylindrical portion 38 can be inserted through the aperture 26 in the panel 24 and will be retained frictionally therein.”).
As to claim 9, Nielsen teaches the cable guide of claim 1, wherein the cable guide is moveable between a closed configuration and an open configuration via movement of the first body portion and the second body portion about the hinge (as shown in Fig 4, the slit 22 allows the left and right sides of the guide 10 to open. See Col 6 line 67-Col 7 line 3: “The sidewall 12 then is biased into an open direction indicated by the arrows in FIG. 4 to widen the slit 22 sufficiently to disengage the guide device 10 from the wiring harness 32.”).
As to claim 10, Nielsen teaches the cable guide of claim 9, wherein, in the closed configuration, a perimeter of the cable guide defined by the first body portion and the second body portion is unbroken to restrict access to the central opening via a split formed between the first body portion and the second body portion at a second end of the body (as illustrated in Figs 1-3, when the slit 22 is closed, the cable guide circumference is unbroken.).
As to claim 11, Nielsen teaches the cable guide of claim 10, wherein, in the open configuration, the perimeter of the cable guide is broken to permit access to the central opening via the split between the first body portion and the second body portion (as discussed at Col 6 line 67-Col 7 line 3: “The sidewall 12 then is biased into an open direction indicated by the arrows in FIG. 4 to widen the slit 22 sufficiently to disengage the guide device 10 from the wiring harness 32.”).
As to claim 12, Nielsen teaches the cable guide of claim 9, but does not teach the first body portion and the second body portion each include a magnet to secure the cable guide in the closed configuration.
Rather, the panels 52, 54 are apparently held together by the rigidity of the material of the guide body, not by magnets. Moreover, Nielsen teaches the use of magnets, but for the purpose of holding the guide body to the panel 24, not for holding panels 52, 54 together.
Examiner previously took official notice, and now treats as fact that it well known at the time the invention was effectively filed that magnets were useful for holding components together due to their attractive force. It would have been obvious to a person having ordinary skill in the art at the time the invention was effectively filed to have provided attracting magnets at panels 52, 54. Such a person would have been motivated to do so in order to ensure the panels 52, 54 did not spread apart at slit 22 undesirably.
As to claim 16, Nielsen teaches a method of installing a cable guide within a [wall] (Col 5 lines 15-22: “The guide device 10 is intended for use with a panel 24, such as a panel that separates a passenger compartment of an automotive vehicle from an engine compartment or trunk of the vehicle. The panel 24 is formed with an aperture 26 therethrough and the aperture may have an annular burring wall or flange 28 generated during formation of the aperture 26 and extending from a first surface 30 of the panel 24, as shown in FIG. 11.”), the method comprising: providing a cable guide (guide body 10) with a body having a first body portion and a second body portion (as shown in Examiner’s annotated Fig 8 above, anything to the left of the dotted line is the first body portion, and anything to the right of the dotted line is the second body portion) together defining a central opening with an inlet end on a first side of the body having a first diameter larger than a second diameter of an outlet end on a second side of the body (the diameter at rear end 16 is larger than the diameter at front end 14 as illustrated for example in Fig 2), and a bushing (cylindrical portion 38) on the second side of the body (the cylindrical portion extends from first end 14, as shown in Fig 7, above), the bushing projecting from the second side of the body and circumferentially surrounding the opening (as shown in Figs 7 and 9).
Nielsen teaches: [a] surface (frustoconical portion 40) extending from the first side of the body (rear end 16) towards the central opening … circumferentially surrounding the opening (as illustrated in Fig 2).
Nielsen does not teach the surface is arcuate, and accordingly does not teach the surface form[s] a lead-in radius, the lead-in radius defining an arc length that is greater than a width of a groove in an exterior sheath of a cable.
However, the difference between a frustoconical surface and an arcuate surface is not a patentable jump. As surface 40 exists between rear and front ends, and as the surface is intended to be used to pull cables thereon, any reasonable shape of that surface providing a smooth transition from one diameter to another which accomplishes the goal of preventing wire snags3 would have been obvious to a person having ordinary skill in the art at the time the invention was effectively filed. There is legal precedent for the prima facie obvious change in shape. See MPEP § 2144.04 IV B – Changes in shape.
See also the screen capture of 3D modeling software Fusion 360 which suggests that creating a chamfer and a fillet are equally useful to artisans attempting to “break” the edge between two surfaces. In this case, a cylindrical hole through the guide device 10 of Nielsen would have been equally as obvious to have been formed into a fillet as a chamfer as illustrated in Examiner’s modified Figure 10, below.
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Moreover, as the particular width of the groove of the exterior cable sheath as claimed is undefined, no particular arc length of the filleted surface made obvious in view of Nielsen is required.
Nielsen does not teach the wall (panel 24) is a stud. Rather, the wall is a panel 24 of a vehicle through which a wire harness is passed.
However, Examiner previously took Official Notice, and now treats as fact that panel 24 and metal studs have a similar configuration in that each are made of relatively thin metal having apertures therein which have burrs or flanges 28. Thus, It would have been obvious to a person having ordinary skill in the art at the time the invention was effectively filed to have used the guide 10 of Nielsen on studs, not just panels 24. See MPEP § 2143 C which describes the prima facie obviousness of the use of a known technique to improve similar devices in the same way. In this case, as metal panels 24 and studs are similar, the use of Nielsen is considered an obvious way to improve both in the same way.
Thus, Nielsen makes obvious: arranging the bushing through an opening in the stud so that the bushing overlaps an edge of the opening in the stud (cylindrical portion 38 is fit through the aperture in panel 24 as shown in Fig 1); securing the cable guide to the stud via a magnet arranged within the second side of the body (Col 5 lines 60-63: “The hollow interiors 43 open toward the front end 14 and optionally can be fit with magnets M to permit magnetic attachment of the guide device 10 to the metal panel 24.”), the second side of the body in contact with a face of the stud when the cable guide is in an installed configuration (Col 5 lines 63 - Col 6 line 3: “Each support 42 has a stop surface 44 facing toward the front end 14 of the tubular sidewall 12 and lying in a radial plane substantially perpendicular to an axis of the tubular sidewall 12. The stop surfaces 44 limited the amount of insertion of the cylindrical portion 38 into the aperture 26 in the panel 24 and prevent tipping or skewing of the guide device 10 relative to the panel 24.”); and guiding the cable through the central opening of the cable guide (wires 34 as shown in Fig 3), the arcuate surface providing a snag-free surface for the cable during installation of the cable (Nielsen teaches at Col 2 lines 23-26: “Accordingly, an object of the invention is to provide an inexpensive and easily used device for passing a wiring harness through a panel in a vehicle without a risk of damage to the insulating coating on the wires of the wiring harness.” This feature is retained when using an arcuate surface rather than a frustoconical surface.).
As to claim 18, Nielsen teaches the method of claim 16, wherein cable is metal clad (MC) or armor clad (AC) cable (These limitations add further limitations to a part of the claim which is not positively claimed. The particular kinds of cable are mere intended use of the claimed product because it further narrows the components with which the claimed product is used. The cable guide device 10 of Nielsen as made obvious to have a fillet surface rather than a chamfer surface is capable of being used with any of these claimed cables and is further capable of preventing snags of grooves in said cable sheaths.).
As to claim 19, Nielsen teaches the method of claim 16, further comprising: if the cable is already installed through the opening in the stud prior to installation of the cable guide, moving the cable guide into an open position to permit access to the central opening via a split between the first body portion and the second body portion (this claim contains an optional limitation. Under a broadest reasonable interpretation analysis, any reasonable option may be chosen for examination, including situations in which the cable is not already installed through the opening in the stud prior to installation of the cable guide. In a different interpretation, Examiner admits that Nielsen appears to only consider the slit 22 as a way of removing the guide body 10 from the wires 34. However, a person having ordinary skill in the art at the time the invention was effectively filed would have found it equally as obvious that the slit 22 may be used to install, rather than remove, the guide body 10 from the wires 34. See 2141.03 which discusses that "A person of ordinary skill in the art is also a person of ordinary creativity, not an automaton." KSR Int'l Co. v. Teleflex Inc., 550 U.S. 398, 421, 82 USPQ2d 1385, 1397 (2007). "[I]n many cases a person of ordinary skill will be able to fit the teachings of multiple patents together like pieces of a puzzle." Id. at 420, 82 USPQ2d 1397. Office personnel may also take into account "the inferences and creative steps that a person of ordinary skill in the art would employ." Id. at 418, 82 USPQ2d at 1396. Here examiner asserts that artisans familiar with removing a body via a slit would be equally appraised of the benefits of installing such a body by such a slit.).
As to claim 20, Nielsen teaches the method of claim 19, further comprising: after moving the cable guide into the open position, positioning the cable within the central opening via the split between the first body portion and the second body portion; and moving the cable guide into a closed position, with the cable arranged within the central opening of the cable guide (this is the opposite sequence of steps as shown in Fig 4 of Nielsen. The process of installing the guide 10 via slit 22 is made obvious in the rejection of claim 19 above.).
Claims 13 is rejected under 35 U.S.C. 103 as being unpatentable over Nielsen as applied to claim 12 above, and further in view of Inoue et al. (US 2023/0253769).
As to claim 13, Nielsen teaches the cable guide of claim 12, but does not teach the first body portion includes a protrusion configured to nest within a corresponding aperture in the second body portion when the cable guide is in the closed configuration.
Rather, the panels 52, 54 are illustrated as being adjacent to one another, not with nesting configurations.
However, in the field of protecting wires from the burrs of apertures in metal, it was known at the time the invention was effectively filed for guides to be provided with first and second body portions, the first body portion including a protrusion configured to nest within a corresponding aperture in the second body portion. See for example Inoue’s jig 21 having first and second body portions 31, 32. The first body portion 31 having a protrusion 27c which is configured for nesting within the body portion 32 when the jig is closed. This is illustrated in Figs 1 and 3.
It would have been obvious to a person having ordinary skill in the art at the time the invention was effectively filed to have provided for the protrusion and corresponding aperture of Inoue on the panels 52, 54 of Nielsen. Such person would have been motivated to provide a protrusion on panel 54 with a corresponding aperture on panel 52, with a reasonable expectation of success, in order to achieve a stronger connection between panels 52, 54, thus helping to prevent inadvertent opening of slit 22.
Claims 14 and 15 are rejected under 35 U.S.C. 103 as being unpatentable over Nielsen as applied to claims 9 or 2 above, and further in view of Smith (US 5,573,226).
As to claim 14, Nielsen teaches the cable guide of claim 9, but does not teach: a latch extending from the first body portion, the latch to engage the second body portion to secure the cable guide in the closed configuration.
Rather, the panels 52, 54 are illustrated as being adjacent to one another, relying on material properties to remain adjacent, not on a latch.
However, in the field of protecting wires from the burrs of apertures in metal, it was known at the time the invention was effectively filed for guides to be provided with first and second body portions, a latch extending from the first body portion configured to engage the second body portion. See for example Smith’s frame 13 having first and second frame members 10, 12. The first body portion 10 having a latch (latch pin 30) which is engages the second body portion 12 (at latch hole 24) when the frame 13 is closed. This is illustrated in Fig 1.
It would have been obvious to a person having ordinary skill in the art at the time the invention was effectively filed to have provided for the latch pin 30 and latch hole 24 on the panels 52, 54 of Nielsen. Such person would have been motivated to provide a latch pin 24 on panel 54 with a latch hole 30 in panel 52, with a reasonable expectation of success, in order to achieve a stronger connection between panels 52, 54, thus helping to prevent inadvertent opening of slit 22.
As to claim 15, Nielsen teaches the cable guide of claim 2, but does not teach: a mounting assembly removably secured to the second body portion, the mounting assembly including a pair of arms extending from a pedestal to form a cutout, the cutout to receive a portion of the structural component.
Rather, Nielsen teaches the guide 10 is attached to the panel 24 via the cylindrical portion 38 and magnets M inside supports 42.
However, Smith teaches cable guide devices can be attached in a variety of ways, including by an alternate mount 54. Mount 54 includes a pair of arms (indicated by the arrows in the Figure below) forming a cutout (as illustrated below)
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It would have been obvious to a person having ordinary skill in the art at the time the invention was effectively filed to have provided the alternate mount 54 of Smith for the guide 10 of Nielsen. Such a person would have been motivated to do so, with a reasonable expectation of success, in order to be able to attach the guide 10 of Nielsen to the panel other than at a perfectly sized aperture, such as by using Smith’s clamp 57.
Response to Arguments
Applicant's arguments filed 2 December 2025 have been fully considered but they are not persuasive.
On Pages 6-7, applicant argues the claims have been amended to recite “configured to” language which “does not simply mean ‘capable of.’”
Applicant cites to Aspex Eyewear v. Marchon Eyewear in support of this argument. See Aspex, 672 F.3d 1335, 1349 (Fed. Cir. 2012). This argument is unpersuasive for the following reasons. First, Aspex was discussing claim construction in the context of a Markman hearing. This is a different standard than the broadest reasonable interpretation (BRI) standard during examination. See In re Suitco Surface, 603 F.3d 1255 (Fed. Cir. 2010). Examiner is entitled to stretch the claim interpretation to its broadest reasonable interpretation in order to force applications to address ambiguities prior to the patent being issued. Id. Second, the particular value of the groove upon which the geometry of the claimed cable guide is based is undefined. Even if the proper interpretation of the claim required a secondary component (cable having an exterior sheath), Applicant has not met the requirement of a “specific objective” as defined by Aspex because the nowhere in Applicant’s disclosure is a specific width of groove provided. Third, the device of Nielsen is capable without any modification of being used to pull cable through a metal wall such that the cable is not damaged or snagged on a burr in the opening of the metal wall, which is an objective of the present invention. If the claimed cable guide were on a shelf for sale, infringement would require divining the intent of either the manufacturer or of the purchaser. The public is better served by clarifying the scope of claim 1 to avoid this potential complication.
On Page 7, Applicant argues Nielsen does not teach the lead-in radius defined an arc length that is greater than a width of a groove in an exterior sheath of a cable.
Examiner agrees that Nielsen does not teach an arcuate surface, and instead teaches a frustoconical surface which attempts to solve a similar problem as that described by Applicant. That is, guide device 10 is useful for guiding a cable through a hole in a manner which prevents the cable from getting snagged. Nielsen’s frustoconical surface 40 provides for a transition from a lager diameter to a smaller diameter.
Above, Examiner provided an obviousness statement which shows that it would have been obvious to a person having ordinary skill in the art at the time the invention was effectively filed to have modified Nielsen to provide for an arcuate surface, not merely a frustoconical surface. Thus, Applicant’s arguments against Nielsen’s frustoconical surface (and whether a cable might snag on such a surface) are moot.
On Pages 8 and 9, Applicant’s argues that claims 13-15 should be allowable by virtue of their dependency.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JACOB JAMES CIGNA whose telephone number is (571)270-5262. The examiner can normally be reached 9am-5pm Monday-Friday.
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, Thomas Hong can be reached at (571) 272-0993. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JACOB J CIGNA/Primary Examiner, Art Unit 3726 3 February 2026
1 Examiner notes that “hinge” is the part of the device that bends when the opposite panels 52, 54 are opened along slit 22. Nielsen’s “hinge” which relies on bending material rather than on a pin, for example, is similar to Applicant’s embodiment at Fig 14. See the originally filed Specification at [0053]: “In some examples, the cable guide 1400 may include a pair of hinged arms 1405, 1410, together defining an opening 1420.”
2 Nielsen Col 5 lines 22-24: “The guide device 10 is intended to facilitate insertion of a wiring harness 32 through the aperture 26 in the panel.” Col 5 lines 28-31 teaches: “As noted above, the cross-sectionally large connectors are particularly prone to being caught on the burring wall 28 or on the surface 30 of the panel 24.”
3 Nielsen Col 5 lines 22-24: “The guide device 10 is intended to facilitate insertion of a wiring harness 32 through the aperture 26 in the panel.” Col 5 lines 28-31 teaches: “As noted above, the cross-sectionally large connectors are particularly prone to being caught on the burring wall 28 or on the surface 30 of the panel 24.”