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 .
Status of the Application
Claims 18-35 are pending and have been examined in this application. This communication is the first action on the merits. As of the date of this application, the Information Disclosure Statement(s) (IDS) filed on 07/21/2025 and 08/07/2025 has/have been taken into account.
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Claim Objections
Claims 25-26, 28, and 34 are objected to because of the following informalities:
All dependent claims using the format "The line guiding device as claimed in claim X" should read as " The line guiding device of claim X".
Claim 25 recites “The line guiding device as claimed in 23”. This should read “The line guiding device as claimed in claim 23” (emphasis added).
Claim 26 recites “The line guiding device as claimed in any one of claims 23”. This should read “The line guiding device as claimed in claim 23” (emphasis added).
Claim 28 recites “the longitudinal dimension” and "the width dimension". These should read “a longitudinal dimension” and "a width dimension" (emphasis added).
Claim 34 recites "A one-piece guide piece for a line guiding device for movably guiding at least one supply line between two connection points, at least one of which is movable relative to the other, comprising: wherein the guide piece comprises a plurality of segments and is manufactured in one piece". This should read "A one-piece guide piece for a line guiding device for movably guiding at least one supply line between two connection points, at least one of which is movable relative to the other, comprising: a plurality of segments that are manufactured in one piece" (emphasis added).
Appropriate correction is required.
Applicant is advised that should claim 18 be found allowable, claim 34 will be objected to under 37 CFR 1.75 as being a substantial duplicate thereof. When two claims in an application are duplicates or else are so close in content that they both cover the same thing, despite a slight difference in wording, it is proper after allowing one claim to object to the other as being a substantial duplicate of the allowed claim. See MPEP § 608.01(m).
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 18-35 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.
Claims 18 and 34 each recite "wherein the plurality of segments define at least one receiving space in which at least one supply line is placeable and held" but then go on to recite two receiving spaces in the same claim. It is unclear how the device can define at least one space when two are claimed.
Claims 20, 25, and 28-30 each recite the term "preferably". This term is indefinite as it is unclear as it does not clearly set forth the metes and bounds of the patent protection desired. An element that is "preferable" is not clearly defined as a positively recited element.
Claims 28 and 29 each recites the limitation "the joint regions" in line 1. There is insufficient antecedent basis for this limitation in the claim. For purposes of examination, they have been interpreted as the flexible connections.
Claims 19-20, 21-24, 26-27, 31-33, and 35 are rejected as being dependent on, and failing to cure the deficiencies of, rejected claims 18 and 34.
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 18-19, 21, 23-30, 32, and 34-35 are rejected under 35 U.S.C. 103 as being unpatentable over Amgarten (CH 681 585) in view of Jarry et al. (EP 3 492 791).
In regards to Claim 18, Amgarten discloses a line guiding device for movably guiding at least one supply line between two connection points, at least one of which is movable relative to the other, comprising: at least one longitudinal portion (Amgarten: Fig. 1; 1) of the line guiding device comprises a plurality of segments; wherein the plurality of segments are connected to each other in a longitudinal direction by a hinged connection (Amgarten: Fig. 2-4; 3-4, 13-15), such that the plurality of segments are pivotable relative to one another in a pivoting plane for the purposes of forming a deflecting bend during movement of the line guiding device; wherein the plurality of segments define at least one receiving space (Amgarten: Annotated Fig. 3-4; R1, R2) in which at least one supply line is placeable and held; wherein the plurality of segments each have a central region (Amgarten: Annotated Fig. 3-4; C) having a main plane perpendicular to the pivoting plane, having on a first side of the main plane a first receiving space which is delimited by a first connecting piece (Amgarten: Annotated Fig. 3-4; P1) transverse to the main plane and by a first side part (Amgarten: Annotated Fig. 3-4; P2) held on the first connecting piece and by a first main surface of the central region, and having on an opposite, second side of the main plane a second receiving space which is delimited by a second connecting piece (Amgarten: Annotated Fig. 3-4; P4) transverse to the main plane and by a second side part (Amgarten: Annotated Fig. 3-4; P5) held on the second connecting piece and by a second main surface of the central region; wherein the first and the second connecting piece and the first and the second side part are each manufactured in one piece with the central region; wherein, opposite the first and the second connecting piece, there is in each case one insertion opening (Amgarten: Annotated Fig. 3-4; O1, O2) for the insertion and removal of supply lines; and wherein, on at least one of the side parts, a retaining region (Amgarten: Annotated Fig. 3-4; P3, P6) is provided for holding the line in the respected receiving space.
Amgarten fails to disclose at least one longitudinal portion of the line guiding device comprises a plurality of segments and is manufactured in one piece; wherein the plurality of segments are connected to each other in a longitudinal direction by a flexible connection; wherein a flexible joint region is manufactured in one piece with the central regions of in each case two longitudinally successive segments in order to provide the flexible connection between the segments. However, Jarry teaches at least one longitudinal portion (Jarry: Fig. 1-4; 100) of the line guiding device comprises a plurality of segments and is manufactured in one piece; wherein the plurality of segments are connected to each other in a longitudinal direction by a flexible connection (Jarry: Fig. 1-4; 121); wherein a flexible joint region is manufactured in one piece with a central region (Jarry: Fig. 1-4; 120) of in each case two longitudinally successive segments in order to provide the flexible connection between the segments.
Amgarten and Jarry are analogous because they are from the same field of endeavor or a similar problem solving area e.g. movable line supports. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the segment connections in Amgarten with the one-piece flexible connections and end connections from Jarry, with a reasonable expectation of success, in order to provide more integrated guiding device portions that require less assembly of independent modules, thereby lowering the complexity of manufacturing, increasing the strength and reliability of the connections between segments (Jarry: [0005] - [0015]).
In regards to Claim 19, Amgarten, as modified, teaches the line guiding device as claimed in claim 18, wherein mutually averted end faces (Amgarten: Annotated Fig. 3-4; E - side edge surface of P2 and P5), which face in the longitudinal direction and/or extend transversely to the pivoting plane, of at least one of the first and second side parts interact as stops for limiting a pivot angle of two segments relative to one another (Amgarten: Fig. 1).
In regards to Claim 21, Amgarten, as modified, teaches the line guiding device as claimed in claim 18, wherein the retaining region (Amgarten: Annotated Fig. 3-4; P3, P6) is arranged opposite the connecting piece and so as to project toward the central region.
In regards to Claim 23, Amgarten, as modified, teaches the line guiding device as claimed in claim 18, wherein the line guiding device is a multi-part line guiding device which is assembled from a plurality of guide pieces that are connected in the longitudinal direction, wherein the guide pieces each comprise a number of segments and are each manufactured in one piece, and each guide piece comprises a supporting band formed from connected in one piece successive central regions and joint regions (Jarry: Fig. 9; [0052]), in particular a supporting band extending with a main plane perpendicular to the pivoting plane and/or extending in the longitudinal direction, wherein one of two interacting connectors (Jarry: Fig. 1-4; 126, 127) is provided at each of the two longitudinal ends of the supporting band.
In regards to Claim 24, Amgarten, as modified, teaches the line guiding device as claimed in claim 23, wherein at least one connector (Jarry: Fig. 1-4; 126, 127) is formed by the central region of an end segment of the guide piece, and/or one connector is formed at a free end of a joint region of the guide piece.
In regards to Claim 25, Amgarten, as modified, teaches the line guiding device as claimed in 23, wherein the interacting connectors (Jarry: Fig. 1-4; 126, 127) are configured for form-fittingly and/or force-fittingly connecting the supporting bands of two successive guide pieces, preferably such that the connection is establishable and/or releasable exclusively in a direction perpendicular to the pivoting plane, and in particular is establishable without the use of tools.
In regards to Claim 26, Amgarten, as modified, teaches the line guiding device as claimed in any one of claims 23, wherein the interacting connectors (Jarry: Fig. 1-4; 126, 127) have abutment surfaces which are perpendicular to the pivoting plane and which lie against one another in the connected state.
In regards to Claim 27, Amgarten, as modified, teaches the line guiding device as claimed in claim 18, wherein: each longitudinal portion or each guide piece comprises a number of at least three one- piece segments, in particular of identical design (Jarry: Fig. 1-4; shows more than three segments); and/or in each segment, the side parts are substantially parallel to the main plane and/or the connecting pieces are substantially perpendicular to the main plane of the central region; and/or each segment has a cross section perpendicularly to the longitudinal direction which is substantially double-U-shaped or UU-shaped or - -shaped, having three substantially parallel limbs formed by outer side parts and the central region in between; and/or at least one longitudinal portion or guide piece is formed with joint regions that are pre- curved in a rest position, or segments that are pre-pivoted relative to one another, for the purposes of achieving a preload; and/or each segment is configured to limit a movement of a line, which is received in a receiving space, in at least three directions perpendicular to the main plane.
In regards to Claim 28, Amgarten, as modified, teaches the line guiding device as claimed in claim 18, wherein the joint regions (Jarry: Fig. 1-4; 121) are of plate-like design having a main plane perpendicular to the pivoting plane and having a reduced wall thickness in relation to the central regions, wherein the wall thickness is preferably several times smaller than the longitudinal dimension of the joint region in the longitudinal direction and several times smaller than the width dimension of the joint region perpendicular to the pivoting plane.
In regards to Claim 29, Amgarten, as modified, teaches the line guiding device as claimed in claim 18, wherein the joint regions (Jarry: Fig. 1-4; 121) and central regions (Amgarten: Annotated Fig. 3-4; C) connected thereto in one-piece act as a supporting band and define the neutral axis of the line guiding device, wherein the line guiding device is preferably configured to be used in a lying configuration with a vertically oriented neutral axis.
In regards to Claim 30, Amgarten, as modified, teaches the line guiding device as claimed in claim 18, but fails to disclose each longitudinal portion or each guide piece is manufactured in one piece from plastics material, in particular by injection molding, preferably from a materially uniform plastics material.
However, Jarry teaches each longitudinal portion or each guide piece is manufactured in one piece from plastics material, in particular by injection molding, preferably from a materially uniform plastics material (Jarry: [0015], [0027]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to form the pieces in Amgarten with the material and manufacturing process from Jarry, with a reasonable expectation of success, in order to provide a material and process for forming the device that ensures economic manufacture (Jarry: [0015], [0027]).
In regards to Claim 32, Amgarten, as modified, teaches the line guiding device as claimed in claim 18, wherein the insertion opening (Amgarten: Annotated Fig. 3-4; O1, O2) is configured for the insertion and removal of supply lines in a direction transverse to the pivoting plane.
In regards to Claim 34, Amgarten discloses a one-piece guide piece for a line guiding device for movably guiding at least one supply line between two connection points, at least one of which is movable relative to the other, comprising: wherein the guide piece (Amgarten: Fig. 1; 1) comprises a plurality of segments; wherein the plurality of segments are connected to each other in a longitudinal direction by a hinged connection (Amgarten: Fig. 2-4; 3-4, 13-15), such that the plurality of segments are pivotable relative to one another in a pivoting plane for the purposes of forming a deflecting bend during movement of the line guiding device; wherein the plurality of segments define at least one receiving space (Amgarten: Annotated Fig. 3-4; R1, R2) in which at least one supply line is can be placed and held; wherein the plurality of segments each have a central region (Amgarten: Annotated Fig. 3-4; C) having a main plane perpendicular to the pivoting plane, having on a first side of the main plane a first receiving space which is delimited by a first connecting piece (Amgarten: Annotated Fig. 3-4; P1) transverse to the main plane and by a first side part (Amgarten: Annotated Fig. 3-4; P2) held on the first connecting piece and by a first main surface of the central region, and having on an opposite, second side of the main plane a second receiving space which is delimited by a second connecting piece (Amgarten: Annotated Fig. 3-4; P4) transverse to the main plane and by a second side part (Amgarten: Annotated Fig. 3-4; P5) held on the second connecting piece and by a second main surface of the central region; wherein the first and the second connecting piece and the first and the second side part are each manufactured in one piece with the central region; wherein, opposite the first and the second connecting piece, there is in each case one insertion opening (Amgarten: Annotated Fig. 3-4; O1, O2) for the insertion and removal of supply lines; and wherein, on at least one of the side parts, a retaining region (Amgarten: Annotated Fig. 3-4; P3, P6) is provided for holding the line in the associated receiving space.
Amgarten fails to disclose at least one longitudinal portion of the line guiding device comprises a plurality of segments and is manufactured in one piece; wherein the plurality of segments are connected to each other in a longitudinal direction by a flexible connection; wherein a flexible joint region is manufactured in one piece with the central regions of in each case two longitudinally successive segments in order to provide the flexible connection between the segments. However, Jarry teaches at least one longitudinal portion (Jarry: Fig. 1-4; 100) of the line guiding device comprises a plurality of segments and is manufactured in one piece; wherein the plurality of segments are connected to each other in a longitudinal direction by a flexible connection (Jarry: Fig. 1-4; 121); wherein a flexible joint region is manufactured in one piece with a central region (Jarry: Fig. 1-4; 120) of in each case two longitudinally successive segments in order to provide the flexible connection between the segments. [Note: See the rejection of claim 18 for motivation and/or rationale.]
In regards to Claim 35, Amgarten, as modified, teaches the one-piece guide piece as claimed in 34, wherein the insertion opening (Amgarten: Annotated Fig. 3-4; O1, O2) is configured for the insertion and removal of supply lines in a direction transverse to the pivoting plane.
Claim 20 is rejected under 35 U.S.C. 103 as being unpatentable over Amgarten (CH 681 585) in view of Jarry et al. (EP 3 492 791) as applied to claim 19 above, and further in view of Blase et al. (US 2015/0159733).
In regards to Claim 20, Amgarten, as modified, teaches the line guiding device as claimed in claim 19, but fails to explicitly disclose corresponding first end faces of the first side parts limit the pivot angle in a straightened position, and/or corresponding second end faces (Amgarten: Annotated Fig. 3-4; E) of the second side parts limit the pivot angle in a maximally angled relative position when forming the deflecting bend.
Amgarten fails to disclose, preferably, the first and second side parts have different lengths in the longitudinal direction. However, Blase teaches preferably, first and second side parts (Blase: Annotated Fig. 3A; S1, S2) that have different lengths in the longitudinal direction.
Amgarten and Blase are analogous because they are from the same field of endeavor or a similar problem solving area e.g. movable line supports. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the side parts in Amgarten with the lengths from Blase, with a reasonable expectation of success, in order to provide an asymmetry which facilitates increased rotation about a bending axis (Blase: [0033]), thereby increasing the range of adjustment of the device.
Claim 22 is rejected under 35 U.S.C. 103 as being unpatentable over Amgarten (CH 681 585) in view of Jarry et al. (EP 3 492 791) as applied to claim 21 above, and further in view of Haataja (US 10,444,459).
In regards to Claim 22, Amgarten, as modified, teaches the line guiding device as claimed in claim 21, wherein the retaining region (Amgarten: Annotated Fig. 3-4; P3, P6) is manufactured as a single part with the side part, in particular as a single part with the side part, connecting piece and central region.
Amgarten fails to disclose a demolding aperture is provided, correspondingly to the retaining region, in the connecting piece. However, Haataja teaches a demolding apertures (Haataja: Fig. 5; 50), correspondingly to a retaining region, in the connecting piece.
Amgarten and Haataja are analogous because they are from the same field of endeavor or a similar problem solving area e.g. movable line supports. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the connecting pieces in Amgarten with the apertures from Haataja, with a reasonable expectation of success, in order to provide openings in the connecting pieces that facilitate mounting to various fixtures, thereby increasing utility (Haataja: Col. 4, Ln. 37-43).
Claim 31 is rejected under 35 U.S.C. 103 as being unpatentable over Amgarten (CH 681 585) in view of Jarry et al. (EP 3 492 791) as applied to claim 18 above, and further in view of Jaeker (US 7,845,155).
In regards to Claim 31, Amgarten, as modified, teaches the line guiding device as claimed in claim 18, but fails to disclose wherein at least some central regions have a fastening opening extending in the main plane.
However, Jaeker teaches central regions that have a fastening openings (Jaeker: Fig. 1; 12) extending in a main plane.
Amgarten and Jaeker are analogous because they are from the same field of endeavor or a similar problem solving area e.g. movable line supports. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the central regions in Amgarten with the openings from Jaeker, with a reasonable expectation of success, in order to provide each segment with a central through hole, thereby saving material during manufacturing (Jaeker: Col. 3, Ln. 17-23) and providing a location that can receive separate mounting elements.
Claim 33 is rejected under 35 U.S.C. 103 as being unpatentable over Amgarten (CH 681 585) in view of Jarry et al. (EP 3 492 791) as applied to claim 18 above, and further in view of Della Fiora et al. (US 10,190,658).
In regards to Claim 33, Amgarten, as modified, teaches the line guiding device as claimed in claim 18, but fails to disclose that the line guiding device is disposed with a server rack for at least one server, wherein the line guiding device serves to provide a supply to the at least one server.
However, Della Fiora teaches a line guiding device that is disposed with a server rack (Della Fiora: Fig. 5; 506) for at least one server, wherein the line guiding device serves to provide a supply to the at least one server.
Amgarten and Dell Fiora are analogous because they are from the same field of endeavor or a similar problem solving area e.g. movable line supports. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device in Amgarten to support lines to a server as taught by Della Fiora, with a reasonable expectation of success, in order to provide a common electronic chassis location for the device for supporting and protecting cables where cable separation is required to limit cross-talk (Della Fiora: Col. 1, Ln. 37-59).
Annotated Figures
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I: Amgarten; Fig. 3-4
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II: Blase; Fig. 3
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See PTO-892 for cited references.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Taylor Morris whose telephone number is (571)272-6367. The examiner can normally be reached M-F: 10AM-6PM PST / 1PM-9PM EST.
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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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/Taylor Morris/Primary Examiner, Art Unit 3631
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