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 Claims
Claims 1-7, 9-10, 14-15, and 17 are pending in the application.
In Applicant’s response filed 16 September 2025, claims 1-3, 5-6, 9-10, 14-15, and 17 were amended. These amendments have been entered.
In the Supplemental Amendment filed 09 October 2025, claim 1 was further amended. These amendments have also been entered.
Drawings
The drawings were received on 16 September 2025. These drawings are acceptable.
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.
Claim 15 is 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.
Re Claim 15: Claim 15 recites the limitation "the curved clamp body" in line 2. There is insufficient antecedent basis for this limitation in the claim.
For examination purposes, for this Office Action only, the Examiner will interpret this limitation as referring to the “clamp body” of line 3 of claim 1, from which claim 15 depends.
Clarification and correction are required.
Examiner notes that any prior art rejections made in this Office Action are made in view of the claims, as best understood by the Examiner, in view of the above indefiniteness rejections.
Claim Interpretation – Functional Language
From the outset, it should be noted that some of the language in the claims is functional in nature. For example, the language related to an “adjustable shoring beam” and its “rod assembly” and “tube section” is functional in nature and limited patentable weight is given to this section of the claim. Additionally, Examiner notes that while features of an apparatus may be recited either structurally or functionally, claims directed to an apparatus must be distinguished from the prior art in terms of structure rather than function. Apparatus claims cover what a device is, not what a device does and thus, a prior art device must only be capable of performing the stated function in order to read on the functional limitation. In this instance, the prior art discloses every structural limitation of the claim and thus this limitation fails to distinguish the claimed apparatus from that of the prior art. Please see MPEP 2114.
In this case, the instant claims are directed to a “fixing clamp”. The fixing clamp may be used for “fixing an extension length of an adjustable shoring beam”. As such, the “adjustable shoring beam” itself (along with its “rod assembly” in claims 4 and 6-7 and “tube section” in claim 5) is not positively claimed, but rather is recited as an intended use. Accordingly, a prior art device need not necessarily explicitly disclose an adjustable shoring beam in order to read on the instant claims, as long as the prior art device would be capable of being used in such a purpose.
[Examiner notes that this section of the Office Action does not constitute a rejection or objection, but is merely meant to indicate the manner in which the claims have been interpreted by the Examiner.]
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 1-7, 9-10, 14, and 17 are rejected under 35 U.S.C. 103 as being unpatentable over McClure (US Patent 9,808,893) in view of Search (US Patent 10,259,619).
Re Claim 1: McClure discloses a fixing clamp (10) for fixing an extension length of an adjustable shoring beam (see note above related to this functional limitation), the fixing clamp comprising:
a clamp body (comprising the combination of first and second clamp jaws 26, 28);
a first section (see annotated Fig. 2 below), the first section comprising:
a first arcuate member (22) rotatably coupled to the clamp body;
a first latch (see annotated Fig. 2 below) for transitioning the first section between an open position (Fig. 2) and a closed position (Fig. 1),
wherein the first latch comprises:
a first handle (72, 73) for opening and closing the first latch; and
a first latch member (70),
wherein a second end of the first latch member is rotatably coupled (at 71) to the clamp body (26), and
wherein a first opening (at the inner diameter of jaws 22, 26 when joined together in the closed position; see Fig. 4) of the first section has a first radius of curvature when in the closed position; and
a second section (see annotated Fig. 2 below), the second section comprising:
a second arcuate member (24) rotatably coupled to the clamp body;
a second latch (see annotated Fig. 2 below) for transitioning the second section between an open position (Fig. 2) and a closed position (Fig. 1) independent of the first section,
wherein the second latch comprises:
a second handle (72, 73) for opening and closing the second latch; and
a second latch member (70),
wherein a second end of the second latch member (70) is rotatably coupled (at 71) to the clamp body (28),
wherein a second opening (at the inner diameter of jaws 24, 28 when joined together in the closed position; see Fig. 4) of the second section has a second radius of curvature, and
wherein the second radius of curvature is greater than the first radius of curvature (for example, if the jaws 22, 26 include a pair of shoe inserts 90 and the jaws 24, 28 either do not include any shoe inserts or include a pair of shoe inserts with an inner diameter larger than those of jaws 22, 26; see Figs. 26-29 and Col. 15 lines 23-45, which states that “A kit of parts including the apparatus (e.g., 10, 110) and shoe inserts (e.g., 90) having a variety of inside radiuses, can permit the use of the apparatus (e.g., 10, 110) with multiple pipes having different outside diameters.”).
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McClure fails to disclose wherein a first end of the first handle is rotatably coupled to the first arcuate member, wherein an interior of the first handle is rotatably coupled to a first end of the first latch member; and
wherein a first end of the second handle is rotatably coupled to the second arcuate member, wherein an interior of the second handle is rotatably coupled to a first end of the second latch member.
Search teaches the use of a fixing clamp section comprising a clamp body (64); an arcuate member (36); and a latch (38) for transitioning the section between an open position (see Fig .3) and a closed position (see Fig. 1), wherein the latch comprises a handle (102) for opening and closing the latch, and a latch member (40); and further wherein a first end (at 100) of the handle is rotatably coupled to the arcuate member (36), wherein an interior (96) of the handle is rotatably coupled (at 98) to a first end (at 94) of the latch member (40), and wherein a second end (at 86) of the latch member (40) is rotatably coupled (at 88) to the clamp body (64), for the purpose of hingedly connecting the latch member with the handle and the arcuate member in a manner that allows the handle to actuate the fixing clamp between an open and closed position without fully disengaging the latch member from the arcuate member.
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It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify each of the clamp sections of the device of McClure, with a reasonable expectation of success, such that a first end of each handle is rotatably coupled to the respective arcuate member, wherein an interior of the each handle is rotatably coupled to a first end of the respective latch member, as taught by Search, for the purpose of hingedly connecting the latch member with the handle and the arcuate member in a manner that allows the handle to actuate the fixing clamp between an open and closed position without fully disengaging the latch member from the arcuate member.
Such a modification would result in a structure wherein a first end of the first handle is rotatably coupled to the first arcuate member, wherein an interior of the first handle is rotatably coupled to a first end of the first latch member; and wherein a first end of the second handle is rotatably coupled to the second arcuate member, wherein an interior of the second handle is rotatably coupled to a first end of the second latch member (as is required by claim 1).
Re Claim 2: McClure further discloses a fixing clamp (10), wherein the exterior of the first section (jaws 22, 26) comprises a same outer diameter (see Fig. 1) of an exterior of the second section (jaws 24, 28; see Fig. 1) when the first section is in the closed position and the second section is in the closed position.
Re Claim 3: McClure further discloses a fixing clamp (10), wherein an exterior of the first section (jaws 22, 26) and an exterior of the second section (jaws 24, 28) have a same third radius of curvature (see Figs. 1 and 4), and
wherein the third radius of curvature is greater than the first radius of curvature.
Re Claim 4: McClure further discloses a fixing clamp (10), wherein the first opening comprises a plurality of first ribs (the inner surfaces 56a of the plates 50 that comprise the jaws 22 and 26; see Fig. 5) for gripping a rod assembly (12) of an adjustable shoring beam (see note above regarding this functional limitation) when the first section is in the closed position (see Figs. 1 and 4).
Re Claim 5: McClure further discloses a fixing clamp (10), wherein the second opening comprises a plurality of second ribs (the inner surfaces 56a of the plates 50 that comprise the jaws 24, 28; see Fig. 5) for gripping a tube section (14) of an adjustable shoring beam (see note above regarding this functional limitation) when the second section is in the closed position (see Figs. 1 and 4),
wherein the tube section has a larger diameter than the rod section (see Col. 15 lines 23-45, which states that “A kit of parts including the apparatus (e.g., 10, 110) and shoe inserts (e.g., 90) having a variety of inside radiuses, can permit the use of the apparatus (e.g., 10, 110) with multiple pipes having different outside diameters.”).
Re Claim 6: Search further teaches the use of a fixing clamp, wherein an interior surface of the clamping section is covered with a compressible material (elastomeric sleeve 22) for gripping an article (10), for the purpose of ensuring a good grip on the article and to protect the article against damage.
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 of McClure, with a reasonable expectation of success, such that an interior surface of each clamping section is covered with a compressible material for gripping an article, for the purpose of ensuring a good grip on the article and to protect the article against damage.
Such a modification would result in a structure wherein the plurality of first ribs (i.e. the interior surface of the first opening) is covered with a compressible material for gripping the rod assembly (as is required by claim 6).
Re Claim 7: McClure further discloses a fixing clamp, wherein the first radius of curvature (at the inner surface of jaws 22, 26) is approximately the same as a radius of curvature of the rod assembly (12).
Re Claims 9-10: Search further teaches the use of a fixing clamp, wherein the latch member (40) comprises a latch extension (link 40, extending from boss 86) forming the first end (at 94) of the latch member (40).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to further modify each of the clamp sections of the device of McClure, with a reasonable expectation of success, such that each latch member comprises a latch extension forming the first end of the latch member, as taught by Search, for the purpose of hingedly connecting the latch member with the handle and the arcuate member in a manner that allows the handle to actuate the fixing clamp between an open and closed position without fully disengaging the latch member from the arcuate member.
Such a modification would result in a structure wherein the first latch member comprises a first latch extension forming the first end of the first latch member (as is required by claim 9); and wherein the second latch member comprises a second latch extension forming the first end of the second latch member (as is required by claim 10).
Re Claim 14: Search further teaches the use of a fixing clamp, wherein the handle (102) is U-shaped (at the yoke-like body portion 96).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to further modify each of the clamp sections of the device of McClure, with a reasonable expectation of success, such that handle is U-shaped, as taught by Search, for the purpose of hingedly connecting the latch member with the handle and the arcuate member in a manner that allows the handle to actuate the fixing clamp between an open and closed position without fully disengaging the latch member from the arcuate member.
Such a modification would result in a structure wherein the first handle is U-shaped, and wherein the second handle is U-shaped (as is required by claim 14).
Re Claim 17: McClure discloses a fixing clamp (10), wherein an exterior of the fixing clamp is circular (for example, at the outer circumferences of jaws 22, 24, 26, 28; see Fig. 4).
Claim 15 is rejected under 35 U.S.C. 103 as being unpatentable over McClure (US Patent 9,808,893) in view of Search (US Patent 10,259,619), as applied to claims 1-7, 9-10, 14, and 17 above, and further in view of DaPrato (US Patent 6,238,154).
Re Claim 15, as best understood by the Examiner: McClure, as modified in view of Search above, discloses a fixing clamp significantly as claimed except wherein the first arcuate member, the second arcuate member, and the clamp body are formed from plastic.
Rather, in McClure the components of the fixing clamp are formed of metal (for example, “stainless steel, or any other durable and strong metal alloy or metal”; see Col. 4 lines37-38)
Examiner notes that it has been held that the selection of a known material based upon its suitability for the intended use is a design consideration within the skill of the art. In re Leshin, 227 F.2d 197, 125 USPQ 416 (CCPA 1960) [discussed in MPEP 2144.07].
Further, DaPrato discloses a fixing clamp (10) comprising a plurality of jaws (14, 30), wherein the jaws are formed from plastic (“The jaws 14, 30 are made of materials sufficiently rigid to withstand torsional and bending loads induced during cargo transport. Such materials could be metal such as steel or aluminum, composites, or sufficiently high strength rigid plastic.”; see Col. 4 lines 42-46), as an alternative to metal jaws.
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 of McClure such that the first arcuate member, the second arcuate member, and the clamp body are formed from plastic, as taught by DaPrato, for the purpose of, for example, reducing weight or cost, since such a material choice would be considered a design consideration within the skill of the art.
Response to Arguments
Applicant’s arguments with respect to all pending claims have been considered but are moot in view of the new grounds of rejection set forth in the current Office Action.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MATTHEW R MCMAHON whose telephone number is (571)270-3067. The examiner can normally be reached Mon-Fri 9am-5pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Amber Anderson can be reached at (571) 270-5281. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MATTHEW R MCMAHON/Primary Examiner, Art Unit 3678