MARK ANTONUCCIDownload PDFPatent Trials and Appeals BoardJan 7, 20212020001071 (P.T.A.B. Jan. 7, 2021) Copy Citation UNITED STATES PATENT AND TRADEMARK OFFICE UNITED STATES DEPARTMENT OF COMMERCE United States Patent and Trademark Office Address: COMMISSIONER FOR PATENTS P.O. Box 1450 Alexandria, Virginia 22313-1450 www.uspto.gov APPLICATION NO. FILING DATE FIRST NAMED INVENTOR ATTORNEY DOCKET NO. CONFIRMATION NO. 15/281,864 09/30/2016 MARK ANTONUCCI 01438-Antonucci 3276 122500 7590 01/07/2021 The Humphries Law Firm, P.C. 1904 Eastwood Road, Suite 310A Wilmington, NC 28403 EXAMINER GUSHI, ROSS N ART UNIT PAPER NUMBER 2833 NOTIFICATION DATE DELIVERY MODE 01/07/2021 ELECTRONIC Please find below and/or attached an Office communication concerning this application or proceeding. The time period for reply, if any, is set in the attached communication. Notice of the Office communication was sent electronically on above-indicated "Notification Date" to the following e-mail address(es): contact@kinglawonline.com russell@kinglawonline.com PTOL-90A (Rev. 04/07) UNITED STATES PATENT AND TRADEMARK OFFICE BEFORE THE PATENT TRIAL AND APPEAL BOARD Ex parte MARK ANTONUCCI Appeal 2020-001071 Application 15/281,864 Technology Center 2800 Before TERRY J. OWENS, RAE LYNN P. GUEST, and CHRISTOPHER C. KENNEDY, Administrative Patent Judges. OWENS, Administrative Patent Judge. DECISION ON APPEAL STATEMENT OF THE CASE Pursuant to 35 U.S.C. § 134(a), the Appellant1 appeals from the Examiner’s decision to reject claims 21–30 and 37–39. We have jurisdiction under 35 U.S.C. § 6(b). We REVERSE. 1 We use the term “Appellant” to refer to “applicant” as defined in 37 C.F.R. § 1.42. The Appellant identifies the real party in interest as Mark Antonucci (Appeal Br. 1). Appeal 2020-001071 Application 15/281,864 2 CLAIMED SUBJECT MATTER The claims are directed to a push-in electrical connector. Claims 21 and 37, reproduced below, are illustrative of the claimed subject matter: 21. An electrical connector that fits into a knockout featured by an electrical housing comprising: a body with an interior channel running the length of the longitudinal axis of the body; wherein the interior channel features at least two protrusions that define at least two grooves within the interior channel; and said grooves are each shaped to encircle and snugly secure a flattened cable of a first gauge inserted in a first orientation. 37. A non-metallic push-in connector for use in residential wiring comprising: a body with an interior channel running the length of the longitudinal axis of the body; wherein the interior channel is shaped to encircle an exterior surface of and thereby secure two flattened electrical cables of a first gauge inserted in a first orientation; wherein the interior channel further features a space that snugly secures a cable of a second gauge inserted separately from the cable of the first gauge in a second orientation made accessible by rotating the connector body about a longitudinal axis; a flange around the exterior circumference of the body; at least one protrusion extending outward from the exterior surface of the body at one end of the body in a spaced relationship to the flange; at least one longitudinal incision traversing the connector body from the interior channel to the exterior of the connector body and extending from the end of the body opposite the protrusion extending outward from the exterior surface of the body in a spaced relationship to the flange; and a cuff having a diameter equal to or less than the diameter of the exterior surface of the body; and teeth featured in the interior channel, the teeth being configured to grip a cable inserted into the interior channel of the connector body. Appeal 2020-001071 Application 15/281,864 3 REFERENCES The prior art relied upon by the Examiner is: Name Reference Date Sachs US 3,056,852 Oct. 2, 1962 Mizusawa US 4,089,496 May 16, 1978 Collins US 7,049,515 B1 May 23, 2006 Thompson US 8,357,854 B2 Jan 22, 2013 REJECTIONS Claim(s) Rejected 35 U.S.C. § Reference(s)/Basis 21, 22 102(a)(1) Collins 23, 24, 27–30 103 Collins 21–25, 27–30 103 Thompson, Mizusawa 26, 37–39 103 Thompson, Mizusawa, Sachs OPINION Rejections over Collins We need address only the sole independent claim among claims 21– 24 and 27–30, i.e., claim 21. That claim requires an electrical connector having an interior channel with at least two protrusions that define at least two grooves each shaped to encircle and snugly secure a flattened cable. “Anticipation requires that every limitation of the claim in issue be disclosed, either expressly or under principles of inherency, in a single prior art reference.” Corning Glass Works v. Sumitomo Elec. U.S.A., Inc., 868 F.2d 1251, 1255–56 (Fed. Cir. 1989). Collins discloses a grommet “that can be inserted into a hole in a housing wall of an electrical device through which one or more electrical Appeal 2020-001071 Application 15/281,864 4 connectors exit to thereby seal the hole from the exterior environment.” (col. 1, ll. 8–11). The grommet (100) comprises an aperture (120) which generally resembles a three-leaf clover but can be circular (col. 3, l. 66 – col. 4, l. 7; Figs. 7, 19). The aperture (120) has sidewalls configured to conform around electrical connectors (122) when the grommet (100) is positioned within a hole (114) in a housing wall portion (160) (col. 4, ll. 31– 39; col. 5, ll. 46–52; Figs. 16, 17). The Examiner finds that Collins’s apertures (120) “are each inherently shaped to encircle and snugly secure a flattened cable of a first gauge inserted in a first orientation” (Final Rej. 5). In support of that finding, the Examiner provides a marked-up copy of Collins’s Fig. 10 which shows a flattened cable inserted into Collins’s three-leaf clover-shaped aperture (120) and touching the sidewalls of the aperture (120) only at the cable’s ends (Final Rej. 5, 9). “[D]uring examination proceedings, claims are given their broadest reasonable interpretation consistent with the specification.” In re Translogic Tech. Inc., 504 F.3d 1249, 1256 (Fed. Cir. 2007), quoting In re Hyatt, 211 F.3d 1367, 1372 (Fed. Cir. 2000). The Appellant’s Specification states: When this applicant uses the phrase "fits securely" or "snugly" the Applicant means the cables are held in place snugly enough by the physical structures, i.e. the grooves 6 and the longitudinal protrusions 4, that the cables cannot be easily removed from the connector body. More specifically, when cables of a first gauge are inserted into the interior channel 3, the grooves 6 formed by the interior of the body and the longitudinal protrusions 4 contact and snugly secure the wire(s) or cable(s) in more than one dimension, direction or axis, i.e., the wire(s) or cable(s) contact the inner surface of the grooves 6 as well as longitudinal protrusions 4 and are thereby securely held in place from more than one side or angle. Appeal 2020-001071 Application 15/281,864 5 The Examiner does not address the meaning of “snugly” set forth in the Appellant’s Specification and establish that the broadest reasonable interpretation of the claim term “encircle and snugly secure” consistent with that meaning includes a flattened cable inserted into Collins’s three-leaf clover-shaped aperture (120) such that only the ends of the cable touch the aperture (120)’s sidewalls. We therefore reverse the rejections over Collins.2 Rejections over Thompson in view of Mizusawa and over Thompson in view of Mizusawa and Sachs We need address only the independent claims (21 and 37). Claim 21 requires an electrical connector having an interior channel with at least two protrusions that define at least two grooves each shaped to encircle and snugly secure a flattened cable. Claim 37 requires a non-metallic push-in connector comprising an interior channel “shaped to encircle an exterior surface of and thereby secure two flattened electrical cables of a first gauge inserted in a first orientation; wherein the interior channel further features a space that snugly secures a cable of a second gauge inserted separately from the cable of the first gauge in a second orientation made accessible by rotating the connector body about a longitudinal axis.” Thompson discloses an elastomeric plug (13) for sealing cables (4) exiting a circular conduit (6) through passages (32) in the plug (13) (col. 1 2 In the rejection under 35 U.S.C. § 103 of dependent claims 23, 24, and 27– 30 over Collins, the Examiner does not provide any obviousness rationale regarding the deficiency in Collins as to the independent claim (Final Rej. 10–11). Appeal 2020-001071 Application 15/281,864 6 ll. 58–61; col. 4, ll. 54–60). The passages (32) vary in quantity, arrangement, and size according of the type and shape of the cables (4) (col. 4, ll. 60–63). Mizusawa discloses a cord grommet for fastening an electrical cord stably to a perforation in an electrical appliance case (col. 1, ll. 5–11). The grommet comprises a female member (1) and a male member (11) (col. 3, ll. 17–21, 38; Fig. 1). The female member (1) has a flange (4) at one end and has at the other end a wall (2) with an oblong hole (5) for passage of a cord (col. 3, ll. 21–26). The male member (11) comprises a shaft (13) which is for rotatable insertion into the cavity of the tube (3) of the female member (1) and has throughout its length an oblong hole (15) identical in cross-sectional shape to the female member (1)’s oblong hole (5) (col. 3, ll. 38–45). The female (1) and male (11) members are brought into union with their oblong holes (5, 15) in registration with each other, a flexible cord having two parallel wires with an oblong cross-section is passed through the oblong holes (5, 15), and then the cord is immobilized in a twisted state by rotating the male member (11) relative to the female member (1) (col. 4, ll. 5–39; Figs. 12A, 13A). Regarding claim 21, the Examiner finds, in reliance upon a marked-up copy of Mizusawa’s Figure 7, that “Mizusawa discloses a cord grommet wherein the interior channel 15 is symmetrically partitioned by projections 20 into two grooves each shaped to secure a flattened cable of a first gauge” (Final Rej. 13). Mizusawa’s Figure 7 shows male member (11)’s oblong hole 15 having on its inner face a projection (20) so its cross section exactly conforms with the outside cross-section of a cord held therein, thereby preventing the cord from being twisted within the hole (col. 5, ll. 32–37). The Examiner’s markup adds to that figure, on each side of the Appeal 2020-001071 Application 15/281,864 7 projection (20), a flattened cable which touches the surrounding wall only at the cable’s ends (Final Rej. 15). The Examiner does not address the Appellant’s Specification’s meaning of “snugly” set forth above and establish that flattened cables inserted into Mizusawa’s oblong hole 15 such that only the ends of the cables touch the oblong hole’s sidewalls are snugly secure, as required by the Appellant’s claim 21, according to the broadest reasonable interpretation of that term consistent with the Appellant’s Specification. With respect to the claim 37 limitation that “the interior channel further features a space that snugly secures a cable of a second gauge inserted separately from the cable of the first gauge in a second orientation made accessible by rotating the connector body about a longitudinal axis,” the Examiner relies upon a marked-up copy of Mizusawa’s Figure 7 wherein a flattened cable is inserted into oblong hole 15 such that it is oriented perpendicularly to the direction of the two flattened cables in the previously- discussed marked-up copy of that figure and touches the surrounding wall only at the cable’s ends (Final Rej. 16, 22). The Examiner, however, does not establish that the flattened cable touching the surrounding wall only at the cable’s ends in the marked-up figure is snugly secure according to the broadest reasonable interpretation of that term consistent with the Appellant’s Specification. Accordingly, we reverse the rejections over Thompson in view of Mizusawa and over Thompson in view of Mizusawa and Sachs.3 3 The Examiner relies upon Sachs (col. 2, ll. 47–51) only for a disclosure of ribs (23–26) which the Examiner considers to correspond to the teeth in the Appellant’s claim 37 (Final Rej. 22). Appeal 2020-001071 Application 15/281,864 8 CONCLUSION The Examiner’s decision to reject claims 21–30 and 37–39 is REVERSED. DECISION SUMMARY Claim(s) Rejected 35 U.S.C. § Reference(s)/Basis Affirmed Reversed 21, 22 102(a)(1) Collins 21, 22 23, 24, 27– 30 103 Collins 23, 24, 27– 30 21–25, 27– 30 103 Thompson, Mizusawa 21–25, 27– 30 26, 37–39 103 Thompson, Mizusawa, Sachs 26, 37–39 Overall Outcome 21–30, 37– 39 REVERSED Copy with citationCopy as parenthetical citation