DETAILED ACTION
This is the first office action for US application 19/172,313 for Cable Hangers.
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 13-18 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.
Claim 13 recites the limitation "the cable hanger" in line 8. There is insufficient antecedent basis for this limitation in the claim.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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) 1-8, 10 and 11 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 2004/0113024 to Caveney et al. Regarding claim 1, Caveney et al. discloses a cable hanger comprising a first support member (40) including a proximal end and a distal end, a portion of the first support member configured to attach the cable hanger to a support wire (see embodiment of figures 21 and 22). There is a fist saddle (44) positioned on the first support member and a saddle extension. The saddle extension comprises a second support member (70) having a proximal end and a distal end. There is a second saddle (88) positioned on the second support member and configured to support at least one cable, wherein a portion (146) of the second support member is configured to contact the first saddle (146 contacts the first saddle at 140… see paragraph 0044).
Regarding claim 2, a third saddle (42) is positioned on the first support member. Regarding claim 3, the first saddle (44) is horizontally aligned with the third saddle (42). Regarding claim 4, the first saddle (44) is adjacent to the third saddle (42) about the first support member (40). Regarding claim 5, the portion of the first support member configured to attach the cable hanger to a support wire is a hook attached to the first support member (see top of 40 in figures 21 and 22). Regarding claim 6, the portion of the second support member configured to contact the first saddle extends vertically above a bottom surface of the first support member. Regarding claim 7, the portion of the second support member configured to contact the first saddle partially surrounds a portion of the first saddle (the slot 146 surrounds the rib 140).
Regarding claim 8, the portion of the second support member configured to contact the first saddle is positioned axially outward of the second saddle relative to a centerline of the cable hanger (support members 40 and 70 are adjacent to one another so slot 146 is positioned axially outward of the second saddle relative to a centerline). Regarding claim 10, the first saddle (44) and the second saddle (88) are vertically aligned. Regarding claim 11, the portion of the second support member is configured to connect the saddle extension to the support member (via 148, 150 and 152).
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.
Claim(s) 13, 14, and 16-18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Caveney et al. in view of US 2010/0314509 to Conger. Caveney et al. discloses at least one hanger comprising a first support member (40) including a proximal end and a distal end, a portion of the first support member configured to attach the hanger to a support wire (see embodiment of figures 21 and 22). There is a fist saddle (44) positioned on the first support member and supporting at least a first one of a plurality of cables. There is a saddle extension that comprises a second support member (70) having a proximal end and a distal end. There is a second saddle (88) positioned on the second support member and supporting at least a second one of the plurality of cables, wherein a portion (146) of the second support member is to contacting the first saddle (146 contacts the first saddle at 140… see paragraph 0044).
Caveney et al. does not disclose the cable hanger as used in a system comprising a plurality of solar panels operatively connected to a plurality of cables, and a support wire connected to a plurality of support piles. Conger provides a teaching of providing a system with a plurality of solar panels operatively connected to a plurality of cables, and a support wire connected to a plurality of support piles (see paragraphs 0020-0025). It would have been obvious to one of ordinary skill in the art before the effective filing date of the present invention to have utilized the cable hanger system of Caveney et al. with a system such as the one taught by Conger, resulting in the cable hanger being suspended from a support wire connected to support piles in a system with a plurality of solar panels connected to a plurality of cables.
Regarding claim 14, the portion of the first support member configured to attach the cable hanger to a support wire is a hook attached to the first support member (see top of 40 in figures 21 and 22). Regarding claim 16, the portion of the second support member configured to contact the first saddle partially surrounds a portion of the first saddle (the slot 146 surrounds the rib 140).
Regarding claim 17, the portion of the second support member configured to contact the first saddle is positioned axially outward of the second saddle relative to a centerline of the cable hanger (support members 40 and 70 are adjacent to one another so slot 146 is positioned axially outward of the second saddle relative to a centerline). Regarding claim 18, a third saddle (42) is positioned on the first support member (40), the first saddle (44) is horizontally aligned with the third saddle, the first saddle (44) is adjacent to the third saddle (42) about the first support member (40), and the first saddle (44) is separated from the third saddle (42) by at least a portion of the second support member (70).
Allowable Subject Matter
Claim 9 and 12 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. Claim 15 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include 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: Regarding claim 9, the prior art discloses cable hangers with first support members that have a first saddle and a second support member with a second saddle, wherein a portion of the second support member is configured to contact the first saddle. However, there is no teaching or suggestion for modifying any of that art so that a portion of the second support member configured to contact the first saddle is a hook (see figure 12 of the application’s drawings).
Regarding claim 12, the prior art discloses cable hangers with first support members that have a first saddle and a second support member with a second saddle, wherein a portion of the second support member is configured to contact the first saddle. However, there is no teaching or suggestion for a second portion of the second support member configured to contact a third saddle horizontally aligned with the first saddle (see figure 12 of the application’s drawings).
Regarding claim 15, the prior art discloses cable hangers with first support members that have a first saddle and a second support member with a second saddle, wherein a portion of the second support member is configured to contact the first saddle. However, there is no teaching or suggestion for the portion of the second member configured to contact the first saddle, extending vertically above a bottom surface of the first support member and partially abutting a top surface of the saddle (see figure 12 of the application’s drawings).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US D190608 to Forrester
US 0992301 to Walsh
US 2972460 to Kenyon US 5961081 to Rinderer
US 4960253 to Perrault
US 7407138 to Gretz
US 4036460 to Storck
The above prior art discloses various hanger devices.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to STEVEN M MARSH whose telephone number is (571)272-6819. The examiner can normally be reached Mon-Thurs 9 am-7:30 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Terrell McKinnon can be reached at 571-272-4797. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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STEVEN M. MARSH
Primary Examiner
Art Unit 3632
/STEVEN M MARSH/ Primary Examiner, Art Unit 3632
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