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 § 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 1-9 and 16 are 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.
In regards to claim 1, “the capturing portion” in lines 32-33 lacks proper antecedent basis. Appropriate correction is required.
In regards to claim 16, “the cable retaining portion” lacks proper antecedent basis. Appropriate correction is required.
Claims 2-9 are rejected based on their respective dependencies.
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.
Claims 10-15 and 21 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Sinko (US Pat. No. 3,856,246).
In regards to claim 10, Sinko teaches a cable clip structurally configured to facilitate a desired alignment of the cable clip relative to another cable clip and provide enhanced installation flexibility, comprising: a mounting portion (18) structurally configured to mount to a mounting surface, a cable capturing portion (20) structurally capable of capturing a communication cable; and an alignment portion (50, 52) structurally configured to align the cable clip relative to a second cable clip; wherein the mounting portion is structurally configured to allow the cable clip to be mounted to the mounting surface after capturing the communication cable in the cable capturing portion; and wherein the alignment portion is structurally configured to facilitate a desired alignment of the cable clip relative to the second cable clip during and after installment and to provide enhanced installation flexibility.
In regards to claim 11, Sinko teaches the cable capturing portion includes a cable supporting portion (20) structurally configured to support a communication cable on the cable clip and a cable retaining portion (31) structurally configured to receive the communication cable and to resist the communication cable being withdrawn from the cable clip (i.e.; 32 and 43 are interlocked).
In regards to claim 12, Sinko teaches the cable supporting portion includes a concave surface (20) structurally configured to receive the communication cable and the cable retaining portion includes a plurality of projecting portions (43) structurally configured to bracket the cable supporting portion.
In regards to claim 13, Sinko teaches the mounting portion includes an engagement portion (18) structurally configured to engage the mounting surface to support the cable clip on the mounting surface and an attachment portion (56) structurally configured to facilitate attaching the cable clip to the mounting surface with one or more fasteners.
In regards to claim 14, Sinko teaches the attachment portion includes a first flange portion (at 18, Fig. 1) and a first fastener receiving portion (56) on the first flange portion that is structurally configured to receive a first fastener of the one or more fasteners, wherein the first fastener receiving portion is laterally offset from a longitudinal axis of the cable clip.
In regards to claim 15, Sinko teaches the attachment portion includes a second flange portion opposite the first flange portion (at the opposite corner of 18, Fig. 1) and a second fastener receiving portion (56) on the second flange portion structurally configured to receive a second fastener of the one or more fasteners, wherein the second fastener receiving portion is laterally offset from the longitudinal axis of the cable clip.
In regards to claim 21, Sinko teaches wherein the alignment portion includes a recessed portion (52) and a projecting portion (50), wherein the recessed portion is structurally configured to receive a second projecting portion of the second cable clip and the projecting portion is structurally configured to be received in a second recessed portion of the second cable clip.
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.
Claims 1, 3-7 and 9 are rejected under 35 U.S.C. 103 as being unpatentable over Gardner et al. (US Pub. No. 2010/0258685 A1) in view of Sinko (US Pat. No. 3,856,246).
In regards to claim 1, Gardner teaches a cable clip structurally configured to facilitate a desired alignment of the cable clip relative to another cable clip and provide enhanced installation flexibility, comprising: a mounting portion (16) structurally configured to facilitate mounting the cable clip to a mounting surface, the mounting portion including an engagement portion (i.e.; the rear face) structurally configured to engage the mounting surface and an attachment portion (22) structurally configured to facilitate attaching the cable clip to the mounting surface; a cable supporting portion (18) structurally configured to support a communication cable on the cable clip; a cable retaining portion (14) structurally configured to receive the communication cable and to resist the communication cable being withdrawn from the cable clip; and a linking portion (20) structurally configured to link the cable clip to a third cable clip as a unitary structure; wherein the attachment portion includes a first fastener receiving portion (22) structurally configured to receive a first fastener (24) and a second fastener receiving portion (22), opposite the first fastener receiving portion, structurally configured to receive a second fastener (24), wherein the first and second fastener receiving portions are laterally offset from a longitudinal axis of the cable clip (e.g.; see Fig. 3);; wherein the linking portion includes a connecting portion having an area of weakness (break line 20) structurally configured to be fractured to decouple the cable clip from the third cable clip; and wherein the mounting portion is structurally configured to allow the cable clip to be mounted to the surface after capturing the communication cable in the cable capturing portion.
Gardner does not teach an alignment portion structurally configured to align the cable clip relative to a second cable clip; wherein the alignment portion includes a recessed portion and a projecting portion, wherein the recessed portion is structurally configured to receive a second projecting portion of the second cable clip and the projecting portion is structurally configured to be received in a second recessed portion of the second cable clip; and wherein the alignment portion is structurally configured to facilitate a desired alignment of the cable clip relative to the second cable clip during and after installment and to provide enhanced installation flexibility.
Sinko teaches a clip (10) having an alignment portion structurally configured to align the clip relative to a second clip; wherein the alignment portion includes a recessed portion (52) and a projecting portion (50), wherein the recessed portion is structurally configured to receive a second projecting portion of the second clip and the projecting portion is structurally configured to be received in a second recessed portion of the second clip; and wherein the alignment portion is structurally configured to facilitate a desired alignment of the clip relative to the second clip during and after installment and to provide enhanced installation flexibility.
It would be obvious to one of ordinary skill in the art before the effective filing date and with reasonable expectation of success to modify Gardner’s clip to include an alignment portion structurally configured to align the cable clip relative to a second cable clip; wherein the alignment portion includes a recessed portion and a projecting portion, wherein the recessed portion is structurally configured to receive a second projecting portion of the second cable clip and the projecting portion is structurally configured to be received in a second recessed portion of the second cable clip; and wherein the alignment portion is structurally configured to facilitate a desired alignment of the cable clip relative to the second cable clip during and after installment and to provide enhanced installation flexibility. The motivation would be for the purpose of allowing lateral interconnection between units (i.e.; clips) as taught by Sinko (Col 3, Lines 28-38).
In regards to claim 3, modified Gardner teaches the cable supporting portion (Gardner: 18) includes a concave surface (i.e.; the concave surface of 18) structurally configured to receive the communication cable and the cable retaining portion includes a plurality of fingers (Gardner: 14) structurally configured to bracket the cable supporting portion.
In regards to claim 4, Gardner teaches a cable clip structurally configured to facilitate a desired alignment of the cable clip relative to another cable clip and provide enhanced installation flexibility, comprising: attachment portion (16) structurally configured to facilitate attaching the cable clip to a mounting surface; a cable supporting portion (18) structurally configured to support a communication cable on the cable clip; a cable retaining portion (14) structurally configured to receive the communication cable and to resist the communication cable being withdrawn from the cable clip; and a linking portion (20) structurally configured to link the cable clip to a third cable clip as a unitary structure; wherein the linking portion includes a connecting portion structurally configured to allow the cable clip to be decoupled from the third cable clip; wherein the attachment portion is structurally configured to allow the cable clip to be attached to the mounting surface after the communication cable is received in the cable retaining portion.
Gardner does not teach an alignment portion structurally configured to align the cable clip relative to a second cable clip; wherein the alignment portion includes a recessed portion and a projecting portion, wherein the recessed portion is structurally configured to receive a second projecting portion of the second cable clip and the projecting portion is structurally configured to be received in a second recessed portion of the second cable clip; and wherein the alignment portion is structurally configured to facilitate a desired alignment of the cable clip relative to the second cable clip during and after installment and to provide enhanced installation flexibility.
Sinko teaches a clip (10) having an alignment portion structurally configured to align the clip relative to a second clip; wherein the alignment portion includes a recessed portion (52) and a projecting portion (50), wherein the recessed portion is structurally configured to receive a second projecting portion of the second clip and the projecting portion is structurally configured to be received in a second recessed portion of the second clip; and wherein the alignment portion is structurally configured to facilitate a desired alignment of the clip relative to the second clip during and after installment and to provide enhanced installation flexibility.
It would be obvious to one of ordinary skill in the art before the effective filing date and with reasonable expectation of success to modify Gardner’s clip to include an alignment portion structurally configured to align the cable clip relative to a second cable clip; wherein the alignment portion includes a recessed portion and a projecting portion, wherein the recessed portion is structurally configured to receive a second projecting portion of the second cable clip and the projecting portion is structurally configured to be received in a second recessed portion of the second cable clip; and wherein the alignment portion is structurally configured to facilitate a desired alignment of the cable clip relative to the second cable clip during and after installment and to provide enhanced installation flexibility. The motivation would be for the purpose of allowing lateral interconnection between units (i.e.; clips) as taught by Sinko (Col 3, Lines 28-38).
In regards to claim 5, modified Gardner teaches the cable supporting portion (Gardner: 18) includes a concave surface (i.e.; the concave surface of 18) structurally configured to receive the communication cable and the cable retaining portion includes a plurality of projecting portions (Gardner: 14) structurally configured to bracket the cable supporting portion.
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In regards to claims 6 and 7, modified Gardner teaches the attachment portion (Gardner: 16) includes a first flange portion (1F; see annotation above) and a first fastener receiving portion (Gardner: 22) on the first flange portion that is structurally configured to receive a first fastener (Gardner: 24) of the one or more fasteners, wherein the first fastener receiving portion is laterally offset from a longitudinal axis (LA) of the cable clip (claim 6); and the attachment portion includes a second flange portion (2F) opposite the first flange portion and a second fastener receiving portion (Gardner: 22) on the second flange portion structurally configured to receive a second fastener (Gardner: 24) of the one or more fasteners, wherein the second fastener receiving portion is laterally offset from the longitudinal axis of the cable clip (claim 7).
In regards to claim 9, modified Gardner teaches the connecting portion includes an area of weakness (Gardner: break line 20) structurally configured to be fractured to decouple the cable clip and the third cable clip.
Claims 2 and 8 are rejected under 35 U.S.C. 103 as being unpatentable over Gardner et al. (US Pub. No. 2010/0258685 A1) and Sinko (US Pat. No. 3,856,246), and in further view of Cameron (US Pat. No. 3,632,071).
In regards to claims 2 and 8, Gardner, modified by Sinko, does not teach the attachment portion includes a third fastener receiving portion structurally configured to define a path, transverse to the longitudinal axis, for receiving a fastening strip between the engagement portion and the cable retaining portion (claim 2); and the attachment portion includes a third fastener receiving portion structurally configured to define a path, transverse to the longitudinal axis, for receiving a fastening strip between the cable retaining portion and an engagement portion that is structurally configured to engage the mounting surface to support the cable clip on the mounting surface (claim 8).
Cameron teaches a clip including attachment portion (25) including a third fastener receiving portion (40) structurally configured to define a path, transverse to the longitudinal axis, for receiving a fastening strip (53) between the engagement portion and a cable retaining portion (26) (claim 2); and the attachment portion includes a third fastener receiving portion (40) structurally configured to define a path, transverse to the longitudinal axis, for receiving a fastening strip (53) between the cable retaining portion (26) and an engagement portion (25) that is structurally configured to engage the mounting surface to support the cable clip on the mounting surface (claim 8).
It would be obvious to one of ordinary skill in the art before the effective filing date and with reasonable expectation of success to further modify Gardner’s clip such that the attachment portion includes a third fastener receiving portion structurally configured to define a path, transverse to the longitudinal axis, for receiving a fastening strip between the engagement portion and the cable retaining portion (claim 2); and the attachment portion includes a third fastener receiving portion structurally configured to define a path, transverse to the longitudinal axis, for receiving a fastening strip between the cable retaining portion and an engagement portion that is structurally configured to engage the mounting surface to support the cable clip on the mounting surface (claim 8). The motivation would be for the purpose of securing cables as taught by Cameron (see 116, Fig. 20).
Claim 16 is rejected under 35 U.S.C. 103 as being unpatentable over Sinko (US Pat. No. 3,856,246) in view of Cameron (US Pat. No. 3,632,071).
In regards to claim 16, Sinko does not teach the attachment portion includes a third fastener receiving portion structurally configured to define a path, transverse to the longitudinal axis, for receiving a fastening strip between the engagement portion and the cable retaining portion.
Cameron teaches a clip including attachment portion (25) including a third fastener receiving portion (40) structurally configured to define a path, transverse to the longitudinal axis, for receiving a fastening strip (53) between the engagement portion and a cable retaining portion (26).
It would be obvious to one of ordinary skill in the art before the effective filing date and with reasonable expectation of success to further modify Sinko’s clip such that the attachment portion includes a third fastener receiving portion structurally configured to define a path, transverse to the longitudinal axis, for receiving a fastening strip between the engagement portion and the cable retaining portion. The motivation would be for the purpose of securing cables as taught by Cameron (see 116, Fig. 20).
Claims 17-20 are rejected under 35 U.S.C. 103 as being unpatentable over Sinko (US Pat. No. 3,856,246) in view of Gardner et al. (US Pub. No. 2010/0258685 A1).
In regards to claim 17, Sinko does not teach a linking portion structurally configured to link the cable clip to a third cable clip as a unitary structure. Gardner teaches a clip comprising a linking portion (20) structurally configured to link the cable clip to a third cable clip as a unitary structure.
It would be obvious to one of ordinary skill in the art before the effective filing date and with reasonable expectation of success to modify Sinko’s clip to include a linking portion structurally configured to link the cable clip to a third cable clip as a unitary structure. The motivation would be for the purpose of allowing holding a plurality of utility lines or optionally allowing any desired number of holders as taught by Gardner (Para 0029).
In regards to claim 18, in modifying Sinko, Gardner teaches the linking portion includes a connecting portion (Gardner: break line 20) structurally configured to allow the cable clip to be decoupled from the third cable clip.
In regards to claim 19, in modifying Sinko, Gardner teaches the connecting portion includes an area of weakness (Gardner: break line 20) structurally configured to be fractured to decouple the cable clip and the third cable clip.
In regards to claim 20, in modifying Sinko, Gardner teaches the area of weakness (Gardner: 20) includes a recessed portion (e.g. see Fig. 4 of Gardner).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Please see the PTO-892 for additional prior art related to the Applicant’s disclosed invention.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to STANTON L KRYCINSKI whose telephone number is (571)270-5381. The examiner can normally be reached Monday-Friday, 10:00AM-5:00PM ET.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jonathan Liu can be reached at (571)272-8227. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Stanton L Krycinski/Primary Examiner, Art Unit 3631
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